Helena Flats Elementary Policy Manual

Helena Flats School District POLICY MANUAL

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REC 1425

HELENA FLATS SCHOOL DISTRICT

MASTER INDEX

R = REQUIRED REC = RECOMMENDED OP = OPTIONAL

Abstentions From Voting

REC 5232 Abused and Neglected Child Reporting

R 3612P-F Acceptable Use of Electronic Networks

REC 3431F Accident Report

R 4316 Accommodating Individuals With Disabilities [Community Relations]

R 5002 Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973

REC 3416 Administering Medicines to Students

REC 7332 Advertising in Schools/Revenue Enhancement

REC 8130 Air Quality Restrictions

R 1610 Annual Goals and Objectives

REC 1120 Annual Organization Meeting

REC 5121 Applicability of Personnel Policies

REC 5210 Assignments, Reassignments, Transfers

OP 2151F Assumption of Risk Form

REC 3122 - 3122P Attendance Policy

R 3123 Attendance Policy Procedure-Truancy

R 1441 Audience Participation

OP 1332 Authorization of Signatures

REC 5122F Authorization to Release Information, Including Consent to Fingerprint Background Check

REC 8450 Automatic External Defibrillators (AED)

REC 5000 Board Goal/Personnel

R 1400 Board Meetings

OP 1640 Board Participation in Activities

OP 1520 Board/Staff Communications

R 1521 Board-Superintendent Relationship

R 5325 Breastfeeding Workplace

REC 7121 Budget Adjustments

REC 7110 Budget and Program Planning

REC 7310 Budget Implementation and Execution

R 5015 Bullying/Harassment/Intimidation

R 3226 Bullying/Harassment/Intimidation/Hazing

REC 7510 Capitalization Policy for Fixed Assets

REC 3630 Cell Phones and Other Electronic Equipment

REC 8129 Chemical Safety

REC 5140 Classified Employment and Assignment

REC 1230 Clerk

REC 1511 Code of Ethics for School Board Members

REC 1130 Committees

REC 3417 Communicable Diseases

R 4330 Community Use of School Facilities

R 5336 Compensatory Time and Overtime for Classified Employees

R 3120

Compulsory Attendance

REC 8440 Computer Software

REC 4332 Conduct on School Property

OP 1512 Conflict of Interest

REC 8502 Construction and Repairs

R 2330 Controversial Issues and Academic Freedom

REC 4520 Cooperative Programs With Other Districts and Public Agencies

R 2312 Copyright

R 2312P Copyright Compliance

R 2413 Credit Transfer and Assessment for Placement

OP 7225 Crowdfunding

R 2120 Curriculum Development and Assessment

OP 6122 Delegation of Authority

OP 3312 Detention

REC 2170 Digital Academy

REC 5255 Disciplinary Action

REC 3310P Discipline of Students With Disabilities

REC 3141 Discretionary Nonresident Student Attendance Policy

REC 4313 Disturbance of School Environment

R 2168 Distance, Online, and Technology-Delivered Learning

OP 6121 District Organization

R 1310 District Policy

R 3612 District-Provided Access to Electronic Information, Services, and Networks

REC 8301 District Safety

REC 8420 District-Wide Asbestos Program

REC 7326 Documentation and Approval of Claims

R 5228 - 5228P – 5228F Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

REC 5226 Drug-Free Workplace

R 1240 Duties of Individual Trustees

R 3125 Education of Homeless Children

REC 1111 Election

REC 3431 Emergency Treatment

REC 5450 Employee Electronic Mail and On-Line Services Usage

REC 7260 Endowments, Gifts, and Investments 3100-3100P Enrollment Under Exceptional Circumstances

REC 3121 - 3121P Enrollment and Attendance Records

REC 3110 Entrance, Placement, and Transfer

R 3210 Equal Education, Nondiscrimination and Sex Equity

R 5010 Equal Employment Opportunity and Non-Discrimination

REC 5420F ESSA Qualifications Notification Request Form

R 5222 Evaluation of Non-Administrative Staff

REC 3340 Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use

REC 7425 Extra- and Co-Curricular Funds

REC 4330F Facilities Use Agreement

R 2158 Family Engagement Policy

R 5328 Family Medical Leave

OP 2320 Field Trips, Excursions, and Outdoor Education

REC 7430 Financial Reporting and Audits

REC 5122 Fingerprints and Criminal Background Investigations

MTSBA 2011

REC 5120P

Fingerprint Background Handling Procedures

R 3311 Firearms and Weapons

OP 1009FE Flexible Instructor Licensing

R 8200 Food Services

REC 7410 Fund Accounting System

R 7515 GASB 54

REC 2166 Gifted Program

REC 6000 Goals [Administration]

OP 7000 Goals [Financial Management]

R 2000 Goals [Instruction]

R 2105 Grade Organization

REC 2140 Guidance and Counseling

REC 3225F Harassment Reporting Form for Students

REC 3420 Head Lice

REC 2335/F1&F2 Health Enhancement

R 5510 HIPAA

OP 5510F HIPAA Form

REC 5120 Hiring Process and Criteria

REC 5333 Holidays

OP 1621 In-Service Conference for Trustees

OP 7520 Independent Investment Accounts

R 2311 Instructional Materials

OP 1014FE Intent to Increase Non-Voted Levy

OP 1635 Internships

REC 4411 Interrogations and Investigations Conducted by School Officials

REC 8421 Lead Renovation

R 2314 Learning Materials Review

OP 7525 Lease – Purchase Agreement

REC 5321 Leaves of Absence

R 1000 Legal Status, Operation and Organization

R 2309 Library Materials

REC 5329 - 5329P Long-Term Illness/Temporary Disability

R 3415-3415P Management of Sports Related Concussions

R 1513 Management Rights

REC 5330 Maternity and Paternity Leave

OP 3413F1 Medical Exemption Form for Immunization

R 8205 Meal Charge Policy

R 1105 Membership

R 3125F McKinney-Vento Homeless Assistance Dispute Resolution Form

REC 5322 Military Leave

REC 3124 Military Waiver Compact

OP 3416F Montana Authorization to Possess or Self-Administer Asthma, Severe Allergy, or Anaphylaxis Medication

REC 7008 Nonresident Student Attendance Agreement (Tuition/Transportation Costs)

REC 5250 Non-Renewal of Employment/Dismissal From Employment

OP 1014FE-F1 Notice of Intent to Impose an Increase in Non-Voted Levies

R 1420F Notice Regarding Public Comment

R 4600 Notice to Parents Required by No Child Left Behind Act of 2001 (“NCLB”)

OP 2110 Objectives

MTSBA 2011

REC 8410

Operation and Maintenance of Facilitites

REC 5420 Paraprofessionals

R 2333 Participation in Commencement Exercises

OP 5254 - 5254F Payment of Employer Contributions and Interest on Previous Service

REC 5500 Payment of Wages Upon Termination

REC 5223 Personal Conduct

REC 7335 Personal Reimbursements

REC 5231 - 5231P Personnel Records

REC 5224 Political Activity

REC 5230 Prevention of Disease Transmission

REC 6420 Professional Growth and Development

REC 1005FE Proficiency Based Learning

REC 2130 Program Evaluation and Diagnostic Tests

OP 2421 Promotion and Retention

REC 8320 Property Damage

REC 4340 Public Access to District Records

R 4310 Public Complaints and Suggestions

R 4120 Public Relations

REC 7320 Purchasing

REC 1210 Qualifications, Terms, and Duties of Board Officers

R 3608 Receipt of Confidential Records

R 2450 Recognition of Native American Cultural Heritage

REC 1401 Records Available to Public

REC 8430 Records Management

REC 5256 Reduction in Force

REC 4550 Registered Sex Offenders

OP 4410 Relations With Law Enforcement and Child Protective Agencies

REC 2334 Release Time for Religious Instruction

REC 2332 Religion and Religious Activities

OP 3413F2 Religious Exemption Form for Immunization

REC 3440 - 3440P Removal of Student During School Day

REC 5232F Report of Suspected Child Abuse or Neglect

REC 1112 Resignation [Board]

OP 5251 Resignations [Personnel]

R 5240 Resolution of Staff Complaints/Problem-Solving

REC 5253 Retirement Programs for Employees

REC 7210 Revenues

REC 8300 Risk Management

REC 4330P Rules and Regulations for Building Use

REC 8400 Sale of Real Property

R 1420 School Board Meeting Procedure

REC 1402 School Board Use of Electronic Mail

REC 2221 - 2221P School Closure

OP 3510 School-Sponsored Student Activities

R 2510 School Wellness

R 2100 School Year Calendar and Day

REC 3231 - 3231P Searches and Seizure

R 2162 - 2162P Section 504 of the Rehabilitation Act of 1973 (“Section 504”)

R 2311P Selection, Adoption, and Removal of Textbooks and Instructional Materials

R 2310 - 2310P Selection of Library Materials

MTSBA 2011

R 8425 – 8425P Service Animals

OP 8425F Service Animals in District Facilities Form

R 3225-3225P Sexual Harassment/Intimidation of Students

R 5012-5012F Sexual Harassment/Sexual Intimidation in the Workplace

R 2171 Significant Writing Program

R 2161 - 2161P Special Education

REC 4315 Spectator Conduct and Sportsmanship for Athletic and Co-Curricular Events

REC 5130 Staff Health

R 3415F Student-Athlete and Parent/Legal Custodian Concussion Statement

R 2132 Student and Family Privacy Rights

R 3310 Student Discipline

REC 3310P1 Student Discipline - Risk Assessments

REC 3224 Student Dress

R 3520 Student Fees, Fines, and Charges

OP 3530 Student Fund-Raising Activities

REC 3413 Student Immunization

OP 3221 Student Publications

REC 3600 - 3600P - 3600F1/F2 Student Records

REC 3200 Student Rights and Responsibilities

REC 5440 Student Teachers/Interns

REC 5314 Substitutes

R 2150 Suicide Awareness and Training

OP 2240 Summer School

R 6110 - 6110P Superintendent

R 3300 Suspension and Expulsion

REC 1110 Taking Office

R 2160 - 2160P Title I Parent Involvement

R 7220-7220P Title I Supplement/Supplant

REC 8225 Tobacco Free Policy

REC 3606 Transfer of Student Records

REC 1006FE Transfers for Safety

REC 7336 Travel Allowances and Expenses

REC 1531 Trustee Expenses

REC 1532 Trustee Insurance

R 1700 Uniform Complaint Procedure

REC 4331 Use of School Property for Posting Notices

REC 1113 - 1113P Vacancies [Board]

OP 5213 Vacancies [Personnel]

REC 5334 - 5334P Vacations

R 4301 Visitors to Schools

REC 5430 Volunteers/Chaperones

R 8411 Water Supply Systems

REC 5125 Whistle Blowing and Retaliation

REC 5221 Work Day

REC 5337 Workers’ Compensation Benefits

R = required

HELENA FLATS SCHOOL DISTRICT

1000 SERIES THE BOARD OF TRUSTEES

TABLE OF CONTENTS

R 1000 Legal Status, Operation and Organization 1005FE Proficiency Based Learning 1006FE Transfers for School Safety 1009FE Flexible Instructor Licensing 1014FE Intent to Increase Non-Voted Levy 1014FE-F1 Notice of Intent to Impose an Increase in Non-Voted Levies

R 1105 Membership 1110 Taking Office 1111 Election 1112 Resignation 1113 Vacancies 1120 Annual Organization Meeting 1130 Committees 1210 Qualifications, Terms, and Duties of Board Officers 1230 Clerk

R 1240 Duties of Individual Trustees

R 1310 District Policy and Procedures 1332 Authorization of Signatures

R 1400 Board Meetings 1401 Records Available to Public 1402 School Board Use of Electronic Mail

R 1420 School Board Meeting Procedure

R 1420F Notice Regarding Public Comment 1425 Abstentions From Voting

R 1441 Audience Participation 1511 Code of Ethics for School Board Members 1512 Conflict of Interest

R 1513 Management Rights 1520 Board/Staff Communications

R 1521 Board-Superintendent Relationship 1531 Trustee Expenses 1532 Trustee Insurance

R 1610 Annual Goals and Objectives 1621 In-Service Conference for Trustees 1635 Internships 1640 Board Participation in Activities

R 1700 Uniform Complaint Procedure

Helena Flats School District

THE BOARD OF TRUSTEES 1000 3 4

Legal Status, Operation and Organization 5 6

The legal name of this District is Helena Flats School District No. 15, Flathead County, State of 7 Montana. The District is classified as a class 2 district and is operated according to the laws and 8 regulations pertaining to a class 2 district. 9 10

The Board of Trustees of Helena Flats School District No. 15 is the governmental entity established 11 by the state of Montana and constitutionally charged of the supervision and control of all aspects of 12 the District’s operations. 13 14

To achieve its primary goal of providing each child with a basic system of free quality education as 15 required by Montana Law, the Board shall exercise the full authority granted to it by the laws of the 16 state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution and 17 state statutes and administrative rules. 18 19

Policies of the District define and frame the manner via which the District conducts its official 20 business. The policies of the District are modified/updated from time to time to reflect the operation 21 of the District. 22 23

All handbooks approved by the Board are regarded as and given the same significance as District 24 policy. 25 26 27 28

Legal Reference: § 20-3-323, MCA District policy and record of acts 29 § 20-3-324, MCA Powers and duties 30

§ 20-6-101, MCA Definition of elementary and high school districts 31 § 20-6-201, MCA Elementary district classification 32 § 20-6-301, MCA High school district classification 33 § 20-9-309, MCA Basic system of free quality education 34

Administrative Rules of Montana 35 Article X, Section 8, MT Constitution 36 37 38

Policy History: 39

Adopted on: 11/99, 2/15/11 40 Reviewed on: 41 Revised on: 12/18/2013 42

Helena Flats School District

Adopted on: 01/21/20

Reviewed on: 4 1005FE

FLEXIBILITY AND EFFICIENCY Revised on: 5

Proficiency-Based ANB 8 9

It is the policy of the District to increase the flexibility and efficiency of the District’s resources 10 by utilizing the provision of law allowing proficiency-based ANB 11 12

The school district has a definition of proficiency within the meaning of that term as used in 20- 13 9-311(4)(d). The definition must not require seat time as a condition or other element of 14 determining proficiency. The definition must be incorporated in the district's policies and must 15 be used for purposes of determining content and course mastery and other progress, promotion 16 from grade to grade, grades, and graduation for pupils enrolled in the district's transformational 17 learning program. 18 19

20

Definition of Proficiency

For purposes of this policy, the term “proficiency” means a degree of mastery of the underlying 21 content for a course that is reflective of a final grade, in the professional opinion of the teacher of 22 record, of not less than a “B”. The determination of proficiency by a teacher must not require 23 seat time as a condition or other element of determining proficiency. 24 25

The determination of proficiency for a pupil enrolled in a course shall be made no earlier than 26 the deadline for submitting the final grade for the course. The determination of proficiency for a 27 pupil not enrolled in a course shall be based on the pupil’s mastery of the underlying content of 28 the course, demonstrated through completion of a final exam designed by the teacher of record 29 for the applicable course with a minimum grade of a “B”. 30 31

Teachers of record have full professional discretion in determining proficiency of pupils in 32 courses taught. Teachers of record are encouraged to integrate trial and error into the learning 33 process and to incorporate continued opportunity for practice and revision of assignments until a 34 pupil reaches a performance level that demonstrates to the teacher’s satisfaction that mastery of 35 learning expectations has been attained. 36 37

[OPTION] The District may include in its calculation of ANB a pupil who is enrolled in a 38 program providing fewer than the required aggregate hours of pupil instruction required under 39 Montana law if the pupil has demonstrated proficiency in the content ordinarily covered by the 40 instruction as determined by the school board using district assessments. The ANB of a pupil 41 who demonstrates proficiency in any content/subject matter will be converted to an hourly 42 equivalent based on the hours of instruction ordinarily provided for the content over which the 43 student has demonstrated proficiency. 44 45

[OPTION] The District may, on a case-by-case basis, provide fractional credit for partial 46 completion of a course for a student who is unable to attend class for the required amount of 47 time. 48

[OPTION] The District may waive specific course requirements based on individual student 4 needs and performance levels. Waiver requests shall also be considered with respect to age, 5 maturity, interest, and aspirations of the students and shall be in consultation with the parents or 6 guardians. 7 8

[OPTION] At the discretion of the District, a student may be given credit for a course 9 satisfactorily completed in a period of time shorter or longer than normally required and, 10 provided that the course meets the District's curriculum and assessment requirements, which are 11 aligned with the content standards stated in the education program. Examples of acceptable 12 course work include, but are not necessarily limited to, those delivered through correspondence, 13 extension, and distance learning courses, adult education, summer school, work study, specially 14 designed courses, and challenges to current courses. 15 16 17 18

Legal Reference: 20-1-301, MCA School fiscal year 19 20-9-311(4)(a)(b)(d), MCA Calculation of average number belonging 20 (ANB) – 3-year averaging 21 20-3-324, MCA Powers and duties 22 10.55.906 ARM High School Credit 23 Chapter 402 (2019) Transformational Learning Incentives 24 25 26 27 28

Helena Flats School District

Adopted on: 01/21/20

Reviewed on: 4

1006FE

FLEXIBILITY AND EFFICIENCY Revised on: 5 6 7

Transfers for School Safety 8 9

It is the policy of the District to increase the flexibility and efficiency of the District’s resources 10 by utilizing the provision of law allowing transfers of funds to improve school safety and 11 security. 12 13

The District may transfer state or local revenue from any budgeted or non-budgeted fund, other 14 than the debt service fund or retirement fund, to its building reserve fund in an amount not to 15 exceed the school district's estimated costs of improvements to school and student safety and 16 security 17 18

The transfer of such funds can be for: 19 20

1. planning for improvements to and maintenance of school and student safety, 21 including but not limited to the cost of services provided by architects, 22 engineers, school resource officers, counselors, and other staff or consultants 23 assisting with improvements to school and student safety and security; 24

2. programs to support school and student safety and security, including but not 25 limited to active shooter training, threat assessments and restorative justice; 26

3. installing or updating locking mechanisms and ingress and egress systems at 27 public school access points, including but not limited to systems for exterior 28 egress doors and interior passageways and rooms, using contemporary 29 technologies; 30

4. installing or updating bullet-resistant windows and barriers; and 31

5. installing or updating emergency response systems using contemporary 32 technologies 33 34

Any transfers made under this policy and Montana law are not considered expenditures to be 35 applied against budget authority. Any revenue transfers that are not encumbered for expenditures 36 in compliance with the four reasons stated above, within 2 full school fiscal years after the funds 37 are transferred, must be transferred back to the originating fund from which the revenue was 38 transferred. 39 40

If transfers of funds are made from a District fund supported by a non-voted levy, the District 41 may not increase its non-voted levy for the purpose of restoring the transferred funds. 42 43

Legal Reference: 20-9-503, MCA Budgeting, tax levy, and use of building reserve 44 fund. 45

20-9-236, MCA Transfer of funds – improvements to school 46 safety and security 47

Helena Flats School District

Adopted on: 10/10/17

Reviewed on: 4 1009FE

FLEXIBILITY AND EFFICIENCY

Revised on: 01/21/20

Recruitment and Retention 8 9

It is the policy of the District to utilize all resources available to meet the District’s objective of 10 recruiting and retaining high quality staff focused on the individual success of each student. To 11 meet this objective the District will utilize the flexible instructor licensure opportunities available 12 to the District. 13 14

15 16

Flexible Instructor Licensing

It is the policy of the District to increase the flexibility and efficiency of the District’s resources 17 by utilizing the provision of law allowing flexibility in licensure of instructors and as a means of 18 addressing recruitment and retention of staff. Flexibilities in the following areas are available for 19 the District’s enhancement of its programs and services with a focus on individual student 20 success: 21

• Internships 22

o Available to anyone with a current license and endorsement in one subject who 23 wants to move to a new licensed role/endorsed area. 24

o Requirements must be satisfied within 3 years 25

o Must include a plan between the intern, the school district and an accredited 26 preparation program 27

• Provisionally Certified 28

o May be issued to an otherwise qualified applicant who can provide satisfactory 29 evidence of: 30

§ The intent to qualify in the future for a class 1 or class 2 certificate and 31

§ Who has completed a 4-year college program or its equivalent, and 32

§ Holds a bachelor’s degree from a unit of the Montana university system or 33 its equivalent. 34

• Substitutes 35

o Must have a GED or high school diploma 36

o Will have completed 3 hours of training by the district 37

o Will have submitted a fingerprint background check 38 (All requirements can be waived by the district if the substitute has prior 39 substitute teaching experience in another public school from November 2002 to 40 earlier) 41

o May not substitute more than 35 consecutive days for the same teacher, however 42 the same substitute can be used for successive absences of different staff as long 43 as each regular teacher for whom the substitute is covering is back by 35 44 consecutive teaching days 45

• Retired Educators 46

48 49

o School district must certify to OPI and TRS that the district has been unable to fill 50 the position due to no qualified applications or no acceptance of offer by a non- 51 retired teacher. 52

o Limited to employment in a second or third class elementary district or a second 53 or third class high school district 54

o Retired teacher must have 27 years of experience in TRS 55

o There is a 3-year lifetime limit on the retired individual going to work under this 56 provision. 57 58

• Class 3 Administrative License 59

o Valid for a period of 5 years 60

o Appropriate administrative areas include: elementary principal, secondary 61 principal, K-12 principal, K-12 superintendent, and supervisor. 62

o Must be eligible for an appropriately endorsed Class 1,2 or 5 license to teach in 63 the school(s) in which the applicant would be an administrator or would 64 supervise, and qualify as set forth in ARM 10.57414 through 10.57.418 65

o An applicant for a Class 3 administrative license who completed an educator 66 preparation program which does not meet the definition in ARM 10.57.102(2), 67 who is currently licensed in another state at the same level of licensure, may be 68 considered for licensure with verification of five years of successful 69 administrative experience as defined in ARM 10.57.102 as documented by a 70 recommendation from a state accredited P-12 school employer on a form 71 prescribed by the Superintendent of Public Instruction and approved by the Board 72 of Public Education. The requirements of ARM 10.57.414(1)(c)(i-iii) must be 73 met by an applicant seeking a superintendent endorsement. 74 75

• Class 4 for CTE 76

o Valid for a period of 5 years 77

o Renewable pursuant to the requirements of 10.57.215, ARM and the requirements 78 specific to each type of Class 4 license. 79

o 4A – for licensed teachers without a CTE endorsement 80

o 4B – for individuals with at least a bachelor’s degree 81

o 4C – for individuals with a minimum of a high school diploma or GED 82

• Class 5 alternatives 83

o Good for a maximum of 3 years 84

o Requirements dependent upon the alternative the district is seeking 85

• Emergency authorization of employment 86

o Individual must have previously held a valid teacher or specialist certificate or 87 have met requirements of rule 10.57.107, ARM 88

o Emergency authorization is valid for one year, but can be renewed from year to 89 year provided conditions of scarcity continue to persist 90 91 92

94 95

96 97

Loan Repayment Program

The District will assist any quality educator who meets the qualifications for the state’s loan 98 repayment program. Loan repayment assistance may be provided on behalf of a quality educator 99 who: (1) is employed newly hired in an identified impacted school described in a critical quality 100 educator shortage area as defined in 20-4-502; and (2) has an educational loan that is not in 101 default and that has a minimum unpaid current balance of at least $1,000 at the time of 102 application. 103 104

A quality educator is eligible for state-funded loan repayment assistance for no more than 3 years 105 and an additional 1 year of loan repayment assistance voluntarily funded by the impacted school 106 or the district under which the impacted school is operated, with the maximum annual loan 107 repayment assistance not to exceed: 108

• $3,000 of state-funded loan repayment assistance after the first complete year of teaching 109 in an impacted school; 110

• $4,000 of state-funded loan repayment assistance after the second complete year of 111 teaching in the same impacted school or another impacted school within the same school 112 district; 113

• $5,000 of state-funded loan repayment assistance after the third complete year of 114 teaching in the same impacted school or another impacted school within the same school 115 district; and 116

• up to $5,000 of loan repayment assistance funded by the impacted school or the district 117 under which the impacted school is operated after the fourth complete year of teaching in 118 the same impacted school or another impacted school within the same school district. 119 120 121

Legal References: 10.55.716, ARM Substitute Teachers 122 10.55.607, ARM Internships 123 10.57.107, ARM Emergency Authorization of Employment 124 10.57.215, ARM Renewal Requirements 125 10.57.420, ARM Class 4 Career and Technical Education License 126 10.57.424, ARM Class 5 Provisional License 127 19-20-732, MCA Reemployment of certain retired teachers, 128 specialists and administrators – procedure – 129 definitions 130

20-4-501-20-4-505 Loan Repayment Assistance for Quality Educator 131 132

Helena Flats School District

Adopted on: 10/10/17

Reviewed on: 4

1014FE FLEXIBILITY AND EFFICIENCY Revised on: 01/21/20

Intent to Increase Non-Voted Levy 8 9

The trustees shall adopt a resolution no later than March 31 whenever the trustees intend to 10 impose an increase in a non-voted levy in the ensuing school fiscal year for the purposes of 11 funding any of the funds listed below: 12 13

a) Tuition fund under 20-5-324; 14 b) Adult education fund under 20-7/705; 15 c) Building reserve fund under 20-9-502 and 20-9-503; 16 d) Transportation fund under 20-10-143 and 20-10-144; 17 e) Bus depreciation reserve fund under 20-10-147; and 18 f) Flexibility fund for purposes of transformational learning. 19 20

The trustees shall provide notice of intent to impose an increase in a non-voted levy for the 21 ensuing school fiscal year by: 22 23

a) Adopting a resolution of intent to impose an increase in a non-voted levy that includes, at 24 a minimum, the estimated number of increased or decreased mills to be imposed and the 25 estimated increased or decreased revenue to be raised compared to non-voted levies 26 under a-e imposed in the current school fiscal year and, based on the district’s taxable 27 valuation most recently certified by the department of revenue under 15-10-202, the 28 estimated impacts of the increase or decrease on a home valued at $100,000 and a home 29 valued at $200,000, and 30 b) Publish a copy of the resolution in a newspaper that will give notice to the largest number 31 of people of the district as determined by the trustees and posting a copy of the resolution 32 to the school district’s website. 33 34

The resolution and publication of same must take place no later than March 31. 35 36

The Superintendent shall keep the trustees informed of any changes that may have occurred, 37 which may have an effect on the estimated change in the mills and revenue, between the 38 adoption of the resolution and the final adoption of the budget. 39 40

Legal Reference: 20-9-116, MCA Resolution of intent to increase nonvoted levy – notice 41 Chapter 402 (2019) Transformational Learning Incentives 42

Adopted on: 10/10/17

Reviewed on:

Revised on: 01/21/20

As an essential part of its budgeting process, the Helena Flats Board of Trustees is authorized by law to impose 10 levies to support its budget. The Helena Flats Board of Trustees estimates the following increases/decreases in 11 revenues and mills for the funds noted below for the next school fiscal year beginning July 1, __________, 12 using certified taxable valuations from the current school fiscal year as provided to the district: 13 14 15

Fund Supported Estimated Change in Revenues* Estimated Change in Mills* Estimated Impact, Home of $100,000* Estimated Impact, Home of $200,000*

Adult Education $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Bus Depreciation $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Transportatio n $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Tuition $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Building Reserve $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Flexibility $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e Total $___increase/decreas e $___increase/decrease $___increase/decreas e $___increase/decreas e *Impacts above are based on current certified taxable valuations from the current school fiscal year

Membership and Terms of Office 5 6

The District is governed by a Board of Trustees consisting of five (5) members. The powers and 7 duties of the Board include the broad authority to adopt and enforce all policies necessary for the 8 management, operations and governance of the District. Except as otherwise provided by law, 9 trustees shall hold office for terms of three (3) years, or until their successors are elected and 10 qualified. Terms of trustees shall be staggered as provided by law. 11 12

All trustees shall participate on an equal basis with other members in all business transactions 13 pertaining to the school maintained by the District. 14 15

Legal References: § 20-3-301, MCA Election and term of office 16 § 20-3-302, MCA Legislative intent to elect less than majority of 17 trustees 18

§ 20-3-305, MCA Candidate qualification and nomination 19

§ 20-3-306, MCA Conduct of election 20 § 20-3-307, MCA Qualification and oath 21

§ 20-3-341, MCA Number of trustee positions in elementary districts 22 – transition 23

§ 20-3-344, MCA Nomination of candidates by petition in first-class 24 elementary district 25

§ 20-3-351, MCA Number of trustee positions in high school districts 26 § 20-3-352, MCA Request and determination of number of high 27 school district additional trustee positions – 28 nonvoting trustee 29

§ 20-3-361, MCA Joint board of trustees organization and voting 30 membership 31

Policy History: 32 Adopted on: 02/15/11 33 Reviewed on: 34 Revised on: 12/18/2013 35

Helena Flats School District

Taking Office 5 6

A newly elected trustee shall take office as soon as election results have been certified and the 7 newly elected trustee has taken and subscribed to an oath to faithfully and impartially discharge 8 the duties of the office to the best of his/her ability. 9 10

A newly appointed trustee shall take office, after the trustee has taken and subscribed to an oath 11 to faithfully and impartially discharge the duties of the office to the best of his/her ability. 12 13

The person shall qualify by taking an oath of office administered by the county superintendent, 14 the superintendent’s designee, or any officer provided for in 1-6-101, MCA or 2-16-116, MCA. 15 Such oath must be filed with the county superintendent not more than fifteen (15) days after the 16 receipt of the certificate of election or the appointment. 17 18 19

Cross Reference: Policy 1113 Vacancies 20 21

Legal References: § 1-6-101, MCA Officers who may administer oaths 22 § 2-16-116, MCA Power to administer oaths 23

§ 20-1-202, MCA Oath of office 24 § 20-3-307, MCA Qualification and oath 25 26

Policy History: 27 Adopted on: 03/09/10 28 Reviewed on: 29 Revised on: 12/18/2013, 01/21/20, 4/21/20 30

Elections conducted by the District are nonpartisan and are governed by applicable election laws 7 as found in Titles 13 & 20 of the Montana Code Annotated. The ballot at such elections may 8 include candidates for trustee positions, various public policy propositions, and advisor 9 questions. 10 11

Board elections shall take place on the first (1st) Tuesday after the first (1st) Monday in May of 12 each year. Any person who is a qualified voter of the District is legally qualified to become a 13 trustee. A declaration of intent to be a candidate must be submitted to the District Clerk at least 14 forty (40) days before the regular school election day. If different terms are to be filled, the term 15 for the position for which the candidate is filing must also be indicated. Any person seeking to 16 become a write-in candidate for a trustee position shall file a declaration of intent no later than 17 5:00 p.m. on the day before the ballot certification deadline in 20-20-401. If the number of 18 candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate is 19 equal to or less than the number of positions to be elected, the trustees may give notice no later 20 than thirty (30) days before the election that a trustee election will not take place. If a trustee 21 election is not held, the trustees shall declare the candidates elected by acclamation and shall 22 issue a “certificate of election” to each candidate. 23 24

A candidate intending to withdraw from the election shall send a statement of withdrawal to the 25 clerk of the district containing all information necessary to identify the candidate and the office 26 for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk 27 of the district. A candidate may not withdraw after 5:00 p.m. the day before the ballot 28 certification deadline in 20-20-401. 29 30

In the event of an unforeseen emergency occurring on the date scheduled for the funding 31 election, the district will be allowed to reschedule the election for a different day of the calendar 32 year. 33 34

In years when the Legislature meets in regular session or in a special session that affects school 35 funding, the trustees may order the election on a date other than the regular school election day 36 in order for the electors to consider a proposition requesting additional funding under § 20-9- 37 353, MCA 38 39 40 41 42

Legal Reference:

§ 13-10-211, MCA Declaration of intent for write-in candidates 4

§ 20-3-304, MCA Annual election 5

§ 20-3-305, MCA Candidate qualification, nomination and withdrawal 6

§ 20-3-313, MCA Election by acclamation – notice 7

§ 20-3-322, MCA Meetings and quorum 8

§ 20-3-322(5), MCA Meetings and quorum (unforeseen emergency 9 definition) 10

§ 20-3-324(4), MCA Powers and duties 11

§ 20-3-344, MCA Nomination of candidates by petition in first-class 12 elementary district 13

§ 20-9-353, MCA Additional financing for general fund – election for 14 authorization to impose 15

§ 20-20-105, MCA Regular school election day and special school 16 elections – limitation – exception 17

§ 20-20-204, MCA Election Notice 18

§ 20-20-301, MCA Qualifications of elector 19 20

Policy History: 21 Adopted on: 02/19/09 22 Reviewed on: 23 Revised on: 12/18/2013, 9/15/15 24

Helena Flats School District

The resignation of a trustee of the District must be in writing, must stipulate an effective date, 7 and must be submitted to the Clerk of the District 8 9

The Board will ratify the resignation at its next regularly scheduled meeting and will proceed to 10 fill the vacancy as provided by statute and Board policy. 11 12

Trustees retiring from the Board may be recognized for their service to the District by 13 presentation of a service plaque or other appropriate activities. 14 15 16

Legal Reference: § 2-16-502, MCA Resignations 17 § 20-3-308, MCA Vacancy of trustee position 18 19

Policy History: 20 Adopted on: 03/09/10 21 Reviewed on: 12/18/2013 22 Revised on: 6/18/19 23

A trustee position becomes vacant before the expiration of a term, when any of the following 7 occurs: 8 9

1. Death of the trustee; 10

2. The effective date stipulated in the written resignation of the trustee filed with the Clerk; 11 3. trustee moves out of the nominating district, establishing residence elsewhere; 12

4. trustee is no longer a registered elector of the District under the provisions of § 20-20- 13 301, MCA; 14

5. trustee is absent from the District for sixty (60) consecutive days; 15

6. trustee fails to attend three (3) consecutive meetings of the trustees without good excuse; 16 7. trustee has been removed under the provisions of § 20-3-310, MCA; or 17 8. trustee ceases to have the capacity to hold office under any other provision of law. 18 9. A trustee position also shall be vacant when an elected candidate fails to qualify. 19 20

When a trustee vacancy occurs, the remaining trustees shall declare such position vacant and fill 21 such vacancy by appointment. The Board will receive applications from any qualified persons 22 seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate 23 to fill the position. 24 25

Should the Board fail to fill a vacancy within sixty (60) days from the creation of a vacancy, the 26 county superintendent shall appoint, in writing, a competent person to fill such vacancy. An 27 appointee shall qualify by completing and filing an oath of office with the county superintendent 28 within fifteen (15) days after receiving notice of the appointment and shall serve until the next 29 regularly scheduled school election and a successor has qualified. 30 31 32 33

Cross Reference: 1240 Duties of Individual Trustees 34 1112 Resignations 35 36

Legal References: § 20-3-308, MCA Vacancy of trustee position 37 § 20-3-309, MCA Filling vacated trustee position – appointee 38 qualification and term of office 39 40

Policy History: 41 Adopted on: 03/09/10 42 Reviewed on: 12/18/2013 43 Revised on: 06/18/19 44

Annual Organization Meeting 5 6

After issuance of election certificates to newly elected trustees, but no later than twenty-five 25 7 days after the election, the Board shall elect from among its members a Chairperson and a Vice 8 Chairperson to serve until the next annual organizational meeting. If a Board member is unable 9 to continue to serve as an officer, a replacement shall be elected at the earliest opportunity to 10 serve the remainder of the term. In the absence of both the Chairperson and the Vice 11 Chairperson, the Board shall elect a Chairperson pro tempore, who shall perform the functions of 12 the Chairperson during the latter’s absence. The Clerk shall act as Board secretary. 13 14

The normal order of business shall be modified for the annual organizational meeting by 15 considering the following matters after the approval of the minutes of the previous meeting: 16 17

1. Welcome and introduction of newly elected Board members by the current Chairperson 18 19

2. Swearing in of newly elected trustees 20 21

3. Call for nominations for Chairperson to serve during the ensuing year 22 23

4. Election of a Chairperson 24 25

5. Assumption of office by the new Chairperson 26 27

6. Call for nominations for Vice Chairperson to serve during the ensuing year 28 29 7. Election of a Vice Chairperson 30 31

8. Appointment of a Clerk 32 33

Policies and bylaws remain in effect until and unless changed by the Board. 34 35 36

Legal References: § 20-3-321, MCA Organization and officers 37 § 20-3-322(a), MCA Meetings and quorum 38 § 1-5-416(1)(b), MCA Powers and duties of Notary Public 39 40

Policy History: 41 Adopted on: 02/19/10 42 Reviewed on: 43 Revised on: 12/18/2013, 01/21/20 44

Generally, trustees will function as a whole and will not form committees of the Board. 7 Nevertheless the Board may create Board committees as deemed necessary or useful. All 8 committees created by the Board shall comply with the open meeting laws and all other laws 9 applicable to school board meetings. 10 11

Committees of the Board may be created and their purposes defined by a majority of the Board. 12 The Board Chairperson shall appoint trustees to serve on such committees. Trustees serving on 13 committees shall be limited to fewer than one-half (½) of the Board. 14 15 16 17 18

Legal Reference: § 2-3-203, MCA Meetings of public agencies and certain associations 19 of public agencies to be open to public – exceptions 20 Bryan v. Yellowstone (2002), 2002 MT 264 21 Crofts v. Associated Press (2004), 2004 MT 120 22 23

Policy History: 24 Adopted on: 02/19/10 25 Reviewed on: 26 Revised on: 12/18/2013 27

Helena Flats School District

THE BOARD OF TRUSTEES 1210

Qualifications, Terms, and Duties of Board Officers 5 6

The Board officers are the Chairperson and Vice Chairperson. These officers are elected at the annual 7 organizational meeting. 8 9

Chairperson 10 11

The Chairperson may be any trustee of the board. The duties of the Chairperson include the following: 12 13

• Preside at all meetings and conduct meetings in the manner prescribed by the Board’s policies; 14

• Make all Board committee appointments; 15

• Sign all papers and documents as required by law and as authorized by action of the Board; 16

• Close Board meetings as authorized by Montana law; and 17

• Act as spokesperson for the Board. 18 19

The Chairperson is permitted to participate in all Board meetings in a manner equal to all other Board 20 members, including the right to participate in debate and to vote. The Chairperson may not make a 21 motion, but may second motions. 22 23

Vice Chairperson 24 25

The Vice Chairperson shall preside at all Board meetings in the absence of the Chairperson and shall 26 perform all the duties of the Chairperson during the Chairperson’s absence or unavailability. The Vice 27 Chairperson shall work closely with the Chairperson and shall assume whatever duties the Chairperson 28 may delegate. 29 30 31

Cross Reference: Policy 1120 Annual Organizational Meeting 32 33

Legal References: § 2-3-203, MCA Meetings of public agencies and certain 34 associations of public agencies to be open to 35 public – exceptions 36 § 20-3-321(2), MCA Organization and officers 37 38

Policy History: 39 Adopted on: 03/09/10 40 Reviewed on: 41 Revised on: 12/18/2013 42

The Clerk of the Board shall attend all meetings of the Board, unless excused by the 7 Chairperson, and shall keep an accurate and permanent record of all proceedings. The Clerk 8 shall have custody of the records, books, and documents of the Board. In the absence or inability 9 of the Clerk to attend a Board meeting, the trustees will have one (1) of their members or a 10 District employee act as clerk for the meeting, and said person will supply the Clerk with a 11 certified copy of the proceedings 12 13

The Clerk will keep accurate and detailed accounts of all receipts and disbursements made by the 14 District. The Clerk shall draw and countersign all warrants for expenditures that have been 15 approved by the Board. 16 17

The Clerk will make the preparations legally required for the notice and conduct of all District 18 elections. 19 20

The Clerk shall prepare and submit to the Board a financial report of receipts and disbursements 21 of all school funds on an annual basis, unless the Board requests such reports on a more frequent 22 basis. The Clerk shall perform all functions pertaining to the preparation of school elections. 23 The Clerk shall perform other duties as prescribed by state law or as directed by the Board and 24 the Superintendent. 25 26 27 28

Legal references: § 20-3-321, MCA Organization and officers 29

§ 20-3-325, MCA Clerk of district 30

§ 20-4-201, MCA Employment of teachers and specialists by contract 31 § 20-9-133, MCA Adoption and expenditure limitations of final 32 budget 33

§ 20-9-165, MCA Budget amendment limitation, preparation, and 34 adoption procedures 35

§ 20-9-221, MCA Procedure for issuance of warrants 36

§ 20-20-401(2), MCA Trustees’ election duties – ballot certification 37 38

Policy History: 39 Adopted on: 02/10 40 Reviewed on: 41 Revised on: 12/18/2013 42

Duties of Individual Trustees 5 6

The authority of individual trustees is limited to participating in actions taken by the Board as a 7 whole when legally in session. Trustees shall not assume responsibilities of administrators or 8 other staff members. The Board or staff shall not be bound by an action taken or statement made 9 by an individual trustee, except when such statement or action is pursuant to specific instructions 10 and official action taken by the Board. 11 12

Each trustee shall review the agenda and attendant materials in advance of a meeting and shall be 13 prepared to participate in discussion and decision making for each agenda item. Each trustee 14 shall visit every school at least once per year to examine its management, conditions, and needs. 15 16

All trustees are obligated to attend Board meetings regularly. Whenever possible, a trustee shall 17 give advance notice to the Chairperson or Superintendent, of the trustee’s inability to attend a 18 Board meeting. A majority of the Board may excuse a trustee’s absence from a meeting if 19 requested to do so. 20 21

Board members, as individuals, have no authority over school affairs, except as provided 22 by law or as authorized by the Board. 23 24

Cross Reference: 1113 Vacancies 25 26

Legal References: § 20-3-301, MCA Election and term of office 27 § 20-3-308, MCA Vacancy of trustee position 28 § 20-3-324(22), MCA Powers and duties 29 § 20-3-332, MCA Personal immunity and liability of trustees 30 31

Policy History: 32 Adopted on: 02/15/11 33 Reviewed on: 12/18/2013 34 Revised on: 35

Helena Flats School District

THE BOARD OF TRUSTEES 1310 3 4

District Policy and Procedures 5 Adoption and Amendment of Policies 6 7

Proposed new policies and proposed changes to existing policies shall be presented in writing for reading 8 and discussion at a regular or special Board meeting. Interested parties may submit views, present data or 9 arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement 10 by a person, relative to a proposed policy or amendment, should be directed to the District Clerk prior to 11 the final reading. The final vote for adoption shall take place not earlier than at the second (2nd) reading 12 of the particular policy. New or revised policies that are required, or have required language changes 13 based on State or Federal law, or are required changes by administrative rule, may be adopted after the 14 first (1st) reading if sufficient notice has been given through the board agenda. 15 16

All new or amended policies shall become effective on adoption, unless a specific effective date is stated 17 in the motion for adoption. 18 19

Policies, as adopted or amended, shall be made a part of the minutes of the meeting at which action was 20 taken and also shall be included in the District’s policy manual. Policies of the District shall be reviewed 21 on a regular basis 22 23

Policy Manuals 24 25

The Superintendent shall develop and maintain a current policy manual which includes all policies of the 26 District. Every administrator, as well as staff, students, and other residents, shall have ready access to 27 District policies. 28 29

30 31

Suspension of Policies

Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of 32 the trustees present. To suspend a policy, however, all trustees must have received written notice of the 33 meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such 34 proposed suspension. 35 36

Administrative Procedures 37 38

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent 39 implementation of policies adopted by the Board. 40 41

When a written procedure is developed, the Superintendent shall submit it to the Board as an information 42 item. 43 44

Legal References: § 20-3-323, MCA District policy and record of acts 45 10.55.701, ARM Board of Trustees 46 47

Policy History: 48 Adopted on: 02/15/11 49 Reviewed on: 50 Revised on: 12/18/2013, 01/20/2015 51

Authorization of Signatures 5 6

For the conduct of the business of the District, the Board may grant authority to specific staff to 7 sign certain documents on behalf of the District. The Chairperson and Clerk are authorized to 8 use a facsimile signature plate or stamp. 9 10

Warrants: The Chairperson and Clerk are authorized to sign all District warrants by facsimile 11 signature on behalf of the Board. 12 13

Claim Forms: Staff employed by the District in the following designated positions are 14 authorized to certify voucher or invoice claims against or for the District: 15 16

• Superintendent 17 • District Clerk 18 19

Contracts for Goods and Services and Leases: The Superintendent is authorized to sign, on 20 behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under 21 $5,000 without prior approval of the Board. The types of goods and services contracted for must 22 be preapproved by the Board. 23 24

Personnel Contracts: The Board Chairperson and Clerk are authorized to sign personnel 25 contracts and agreements of employment on behalf of the Board, by facsimile signature. 26 27

Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board 28 Chairperson and the Clerk. 29 30 31 32

Policy History: 33 Adopted on: 12/18/2013 34 Reviewed on: 35 Revised on: 36

Meetings of the Board must occur at a duly called and legally conducted meeting. “Meeting” is 7 defined as the convening of a quorum of the constituent membership of the Board, whether in 8 person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the 9 Board has supervision, control, jurisdiction, or advisory power. 10 11

Regular Meetings

Unless otherwise specified, all meetings will take place in the school library. Regular meetings 14 shall take place at 7:00 p.m. on the third (3rd) Tuesday of each month, or at other times and 15 places determined by a majority vote. Except for an unforeseen emergency, meetings must be 16 held in school buildings or, upon the unanimous vote of the trustees, in a publicly accessible 17 building located within the District. If regular meetings are scheduled at places other than as 18 stated above or are adjourned to times other than the regular meeting time, notice of the meeting 19 shall be made in the same manner as provided for special meetings. The trustees may meet 20 outside the boundaries of the District for collaboration or cooperation on educational issues with 21 other school boards, educational agencies, or cooperatives. Adequate notice of the meeting, as 22 well as an agenda, must be provided to the public in advance. Decision making may only occur 23 at a properly noticed meeting held within the District’s boundaries. When a meeting date falls on 24 a school holiday, the meeting may take place the next business day. 25 26

Emergency Meetings

In the event of an emergency involving possible personal injury or property damage, the Board 29 may meet immediately and take official action without prior notification. 30 31

Budget Meetings

Between July 1 and August 10 of each year, the Clerk shall publish a notice stating the date, 34 time, and place trustees will meet for the purpose of considering and adopting a final budget for 35 the District, stating that the meeting of the trustees may be continued from day to day until final 36 adoption of a District budget and that any taxpayer in the District may appear at the meeting and 37 be heard for or against any part of the budget. This notice shall be published in the Daily 38 Interlake. 39 40

On the date and at the time and place stated in the published notice (on or before August 20), 41 trustees shall meet to consider all budget information and any attachments required by law. The 42 meeting may continue from day to day; however, the Board must adopt a final budget not later 43 than August 25. 44 45 46

Special Meetings

Special meetings may be called by the Chairperson or by any two (2) trustees. A written notice 6 of a special meeting, stating the purpose of the meeting, shall be delivered to every trustee not 7 less than forty-eight (48) hours before the time of the meeting, except that the forty-eight-(48)- 8 hour notice is waived in an unforeseen emergency as stated in § 20-3-322(5), MCA. Such written 9 notice shall be posted conspicuously within the District in a manner that will receive public 10 attention. Written notice also shall be sent not less than twenty-four (24) hours prior to the 11 meeting, to each newspaper and radio or television station that has filed a written request for 12 such notices. Business transacted at a special meeting will be limited to that stated in the 13 notice of the meeting 14 15

Closed Sessions 16 17

Under Montana law, the Board may meet in closed sessions to consider matters of individual 18 privacy. Before closing a meeting, the presiding officer must determine that the demands of 19 individual privacy exceed the merits of public disclosure and so state publicly before going into 20 closed session. The Board also may go into closed session to discuss a strategy to be followed 21 with respect to litigation, when an open meeting would have a detrimental effect on the litigating 22 position of the District. This exception does not apply if the litigation involves only public bodies 23 or associations as parties. Before closing a meeting for litigation purposes, the District may wish 24 to consult legal counsel on the appropriateness of this action. No formal action shall take place 25 during any closed session. 26 27 28 29

Legal References: § 2-3-103, MCA Public participation – governor to ensure guidelines 30 adopted 31

§ 2-3-104, MCA Requirements for compliance with notice provisions 32

§ 2-3-105, MCA Supplemental notice by radio or television 33

§ 2-3-201, MCA Legislative intent – liberal construction 34

§ 2-3-202, MCA Meeting defined 35

§ 2-3-203, MCA Meetings of public agencies and certain associations 36 of public agencies to be open to public – exceptions 37

§ 20-3-322, MCA Meeting and quorum 38

§ 20-9-115, MCA Notice of final budget meeting 39

§ 20-9-131, MCA Final budget meeting 40

10.55.701, ARM Board of Trustees 41 42

Policy History: 43

Adopted on: 06/10 44

Reviewed on: 45 Revised on: 12/18/2013, 8/9/16 46

Helena Flats School District

Records Available to Public 5 6

All District records, except those restricted by state and federal law, shall be available to citizens for 7 inspection at the Clerk’s office. 8 9

Any individual may request public information from the district. The district shall make the means of 10 requesting public information accessible to all persons. 11 12

Upon receiving a request for public information, the district shall respond in a timely manner to the 13 requesting person by: 14 15

(a) Making the public information available for inspection and copying by the requesting person; or 16

(b) Providing the requesting person with an estimate of the time it will take to fulfill the request if the 17 public information cannot be readily identified and gathered and any fees that maybe charged. 18 19

The district may charge a fee for fulfilling a public information request. The fee may not exceed the 20 actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner 21 possible. The fee must be documented. The fee may include the time required to gather public 22 information. The district may require the requesting person to pay the estimated fee prior to identifying 23 and gathering the requested public information. 24 25

The district is not required to alter or customize public information to provide it in a form specified to 26 meet the needs of the requesting person. If the district agrees to a request to customize a records request 27 response, the cost of the customization may be included in the fees charged by the district. 28 29

In accordance with § 20-9-213(1), MCA, the record of the accounting of school funds shall be open to 30 public inspection at any meeting of the trustees. A fee may be charged for any copies requested. Copies 31 will be available within a reasonable amount of time following a request. 32 33

A written copy of Board minutes shall be available to the general public within five (5) working days 34 following approval of the minutes by the Board. If requested, one (1) free copy of minutes shall be 35 provided to local media within five (5) working days following approval by the Board. 36 37

Legal References: § 2-6-1003, MCA Access to Public Information 38 § 2-6-1006, MCA Public Information requests - fees 39 § 20-3-323, MCA District policy and record of acts 40 § 20-9-213, MCA Duties of trustees 41 42

Policy History: 43

Adopted on: 12/18/2013 44 Reviewed on: 45 Revised on: 05/15/18 46

Helena Flats School District

THE BOARD OF TRUSTEES 1402 3 4

School Board Use of Email and Mobile Messaging 5 6

Use of email and mobile messaging by members of the Board will conform to the same standards 7 of judgment, propriety, and ethics as other forms of school board-related communication. Board 8 members will comply with the following guidelines when using e-mail and mobile messaging in 9 the conduct of Board responsibilities: 10 11

1. The Board will not use e-mail or mobile messaging as a substitute for deliberations at 12 Board meetings or for other communications or business properly confined to Board 13 meetings. 14 15

2. Board members will be aware that mobile messages, e-mail and e-mail attachments 16 received or prepared for use in Board business or containing information relating to 17 Board business may be regarded as public records, which may be inspected by any 18 person upon request, unless otherwise made confidential by law. 19 20

3. Board members will avoid reference to confidential information about employees, 21 students, or other matters in e-mail and mobile communications, because of the risk of 22 improper disclosure. Board members will comply with the same standards as school 23 employees, with regard to confidential information. 24 25 26 27

Cross Reference: 1400 Board Meetings 28 1401 Records Available to Public 29 30

Legal Reference: § 2-3-103, MCA Public participation – governor to ensure guidelines 31 adopted 32

§ 2-3-201, MCA Legislative intent – liberal construction 33 § 2-3-203, MCA Meetings of public agencies and certain associations 34 of public agencies to be open to public – exceptions 35 § 20-3-322, MCA Meeting and quorum 36 37

Policy History: 38 Adopted on: 12/18/2013 39 Reviewed on: 40 Revised on: 01/21/20 41

Notice Regarding Public Comment 5 6

Montana law requires school districts and other public agencies to include on the agenda for 7 public meetings an item allowing public comment on any public matter not otherwise 8 specifically listed on the agenda that is within the jurisdiction of the agency. The public comment 9 portion of the agenda is not the time designated to hear items that are specifically 10 listed/identified on the agenda. 11 12

For those individuals who desire to address the Board during the public comment portion of the 13 meeting, if you haven’t already done so, please sign your name to the sheet and indicate the 14 general topic on which you will be commenting. The Board Chairperson will call individuals to 15 speak in the order listed on the sheet provided. Please state your name prior to beginning your 16 comment. There will be an opportunity for citizens who have not signed in to comment at the 17 conclusion of the comment period. The Board would like to remind everyone in attendance to 18 avoid violations of individual rights of privacy when providing comment. The Board is not 19 authorized to hear comments on contested cases or other adjudicative proceedings. 20 21

By law, the District cannot take any action on any matter discussed during the public comment 22 portion of the meeting as those matters are not specifically noticed on the agenda. The Board 23 may take a matter raised during the public comment period under consideration for inclusion on 24 a future agenda. 25 26

In accordance with Montana law, citizens have the right to comment on an item that is 27 specifically listed on the agenda. Citizens will be permitted to do so when the item comes up for 28 discussion and action. The board chair will indicate when the public has the opportunity to 29 comment prior to board action on a particular agenda item. 30 31

The Board Chair has the authority to manage all public comment periods and will do so in 32 accordance with state law and district policy. 33 34

The authority to set the board agenda lies with the Board Chair in consultation with board members 9 and the administration. The act of preparing the board meeting agendas can be delegated to the 10 Superintendent. 11 12

The Board Chairperson must approve any items submitted by Board members or members of the 13 public, to be placed on the agenda Citizens wishing to make brief comments about school programs 14 or procedures will follow the public comment procedures in district policy. 15 16

The agenda also must include a “public comment” portion to allow members of the general public to 17 comment on any public matter under the jurisdiction of the District which is not specifically listed on 18 the agenda, except that no member of the public will be allowed to comment on contested cases, 19 other adjudicative proceedings, or personnel matters. The Board Chairperson may place reasonable 20 time limits on any “public comment” period to maintain and ensure effective and efficient operations 21 of the Board. The Board shall not take any action on any matter discussed, unless the matter is 22 specifically noticed on the agenda, and the public has been allowed opportunity to comment. 23 24

With consent of a majority of members present, the order of business at any meeting may be 25 changed. Copies of the agenda for the current Board meeting, minutes of the previous Board 26 meeting, and relevant supplementary information will be prepared and distributed to each trustee at 27 least twenty-four (24) hours in advance of a Board meeting and will be available to any interested 28 citizen at the Superintendent’s office twenty-four (24) hours before a Board meeting. An agenda for 29 other types of Board meetings will be prepared, if circumstances require an agenda. 30 31

Consent Agenda

To expedite business at its meetings, the Board approves the use of a consent agenda, which includes 34 those items considered to be routine in nature. Any item that appears on the consent agenda may be 35 removed by a member of the Board. Any Board member who wishes to remove an item from the 36 consent agenda must give advance notice in a timely manner to the Superintendent. Remaining items 37 will be voted on by a single motion. The approved motion will be recorded in the minutes, including 38 a listing of all items appearing on the consent agenda. 39 40 41 42

Appropriate minutes of all meetings required to be open must be kept and must be available for 6 inspection by the public. If an audio recording of a meeting is made and designated as official, the 7 recording constitutes the office record of the meeting. If an official recording is made, a written 8 record of the meeting must also be made and must also include: 9 10

• Date, time, and place of the meeting; 11

• Presiding officer; 12

• Board members recorded as absent or present; 13

• Summary of discussion on all matters discussed (including those matters discussed during the 14 “public comment” section), proposed, deliberated, or decided, and a record of any votes 15 taken; 16

• Detailed statement of all expenditures; 17

• Purpose of recessing to closed session; and 18

• Time of adjournment. 19 20

When issues are discussed that may require a detailed record, the Board may direct the Clerk to 21 record the discussion verbatim. Any verbatim record may be destroyed after the minutes have been 22 approved, pursuant to § 20-1-212, MCA. 23 24

If the minutes are recorded and designated as the official record, a log or time stamp for each main 25 agenda item is required for the purpose of providing assistance to the public in accessing that portion 26 of the meeting. 27 28

Unofficial minutes shall be delivered to Board members in advance of the next regularly scheduled 29 meeting of the Board. Minutes need not be read publicly, provided that Board members have had an 30 opportunity to review them before adoption. A file of permanent minutes of Board meetings shall be 31 maintained in the office of the Clerk, to be made available for inspection upon request. A written 32 copy shall be made available within five (5) working days following approval by the Board. 33 34

Quorum

No business shall be transacted at any meeting of the Board unless a quorum of its members is 37 present. A majority of the full membership of the Board shall constitute a quorum, whether the 38 individuals are present physically or electronically. A majority of the quorum may pass a resolution, 39 except as provided in § 20-4-203(1), MCA, and § 20-4-401(4), MCA. 40 41

Electronic Participation 42 43

The Board may allow members to participate in meetings by telephone or other electronic means. 44 Board members may not simply vote electronically but must be connected with the meeting 45 throughout the discussion of business. If a Board member electronically joins the meeting after an 46 item of business has been opened, the remotely located member shall not participate until the next 47 item of business is opened. 48

If the Board allows a member to participate electronically, the member will be considered present 4 and will have his or her actual physical presence excused. The member shall be counted present for 5 purposes of convening a quorum. The Clerk will document it in the minutes, when members 6 participate in the meeting electronically. 7 8

Any Board member wishing to participate in a meeting electronically will notify the Chairperson and 9 Superintendent as early as possible. The Superintendent will arrange for the meeting to take place in 10 a location with the appropriate equipment so that Board members participating in the meeting 11 electronically may interact, and the public may observe or hear the comments made. The 12 Superintendent will take measures to verify the identity of any remotely located participants. 13 14

15 16

Meeting Conduct and Order of Business

General rules of parliamentary procedure are used for every Board meeting. Robert’s Rules of Order 17 may be used as a guide at any meeting. The order of business shall be reflected on the agenda. The 18 use of proxy votes shall not be permitted. Voting rights are reserved to those trustees in attendance. 19 Voting shall be by acclamation or show of hands. 20 21

22 23

Rescind a Motion

A motion to rescind (cancel previous action) may be made anytime by any trustee. A motion to 24 rescind must be properly noticed on the Board’s agenda for the meeting. It is in order any time prior 25 to accomplishment of the underlying action addressed by the motion. 26 27

Cross Reference: 1441 Audience Participation 28 29

Legal References: § 2-3-103, MCA Public participation - governor to ensure guidelines 30 adopted 31

§ 2-3-202, MCA Meeting defined 32 § 2-3-212, MCA Minutes of meetings – public inspection 33

§ 20-1-212, MCA Destruction of records by school officer 34 § 20-3-322, MCA Meetings and quorum 35 § 20-3-323, MCA District policy and record of acts 36 Jones and Nash v. Missoula Co., 2006 MT2, 330 Mont 2005 37 38

Policy History: 39

Adopted on: 02/15/11 40 Reviewed on: 41 Revised on: 12/18/2013, 05/15/18 42

Abstentions From Voting

Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting records of 7 each trustee present. As a general rule trustees should vote on all issues, unless casting a vote would be a 8 violation of law. Under Montana law, instances in which it would be unlawful or inappropriate for a 9 trustee to cast a vote on a particular issue include but are not necessarily limited to situations when the 10 Board is considering hiring the relative of a trustee 11 12

A trustee shall be allowed to abstain from voting to avoid the appearance of impropriety or the 13 appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in 14 the minutes and may include an explanation of the reasons for the abstention. The Board discourages 15 abstentions, unless the reasons are substantiated as provided herein. 16 17 18 19

Legal References: § 2-2-105, MCA Ethical requirements for public officers and public 20 employees 21

§ 2-2-121, MCA Rules of conduct for public officers and public 22 employees 23

§ 2-2-302, MCA Appointment of relative to office of trust or emolument 24 unlawful – exceptions – publication of notice 25

§ 20-1-201, MCA School officers not to act as agents 26 § 20-3-323, MCA District policy and record of acts 27 § 20-9-204, MCA Conflicts of interests, letting contracts, and calling for 28 bids 29 30

Policy History: 31 Adopted on: 03/09/10 32 Reviewed on: 12/18/2013 33 Revised on: 06/18/19 34

The Board recognizes the value of public comment on educational issues and the importance of 7 involving members of the public in its meetings. The Board also recognizes the statutory and 8 constitutional rights of the public to participate in governmental operations. To allow fair and 9 orderly expression of public comments, the Board will permit public participation through oral or 10 written comments during the “public comment” section of the Board agenda and prior to a final 11 decision on a matter of significant interest to the public. The Chairperson may control such 12 comment to ensure an orderly progression of the meeting in the manner described in Policy 13 1420F. 14 15

Cross Reference: 1420 School Board Meeting Procedure 16 17

Legal Reference: Article II, Section 8, Montana Constitution – Right of participation 18 Article II, Section 10, Montana Constitution – Right of privacy 19 §§ 2-3-101, et seq., MCA Notice and Opportunity to Be Heard 20 21

Policy History: 22 Adopted on: 02/12/02 23 Reviewed on: 12/18/2013 24 Revised on: 01/21/20 25

Code of Ethics for School Board Members 5 6

AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC 7 EDUCATION, AND TO THAT END I WILL: 8 9

Attend all regularly scheduled Board meetings insofar as possible and become informed concerning the 10 issues to be considered at those meetings; 11 12

Recognize that I should endeavor to make policy decisions only after full discussion at public Board 13 meetings; 14 15

Make all decisions based on available facts and my independent judgment and refuse to surrender that 16 judgment to individuals or special interest groups; 17 18

Encourage the free expression of opinion by all Board members and seek systematic communications 19 between the Board and students, staff, and all elements of the community; 20 21

Work with other Board members to establish effective Board policies and to delegate authority for 22 administration to the Superintendent; 23 24

Recognize and respect the responsibilities that properly are delegated to the Superintendent; 25 26

Communicate to the Superintendent expression of public reaction to Board policies, school programs, or 27 staff; 28 29

Inform myself about current educational issues, by individual study and through participation in programs 30 providing needed information, such as those sponsored by the Montana and National School Boards 31 Associations; 32 33

Support the employment of those persons best qualified to serve as school staff and insist on regular and 34 impartial evaluation of staff; 35 36

Avoid being placed in a position of conflict of interest and refrain from using my Board position for 37 personal or partisan gain; 38 39

Avoid compromising the Board or administration by inappropriate individual action or comments and 40 respect the confidentiality of information that is privileged under applicable law; 41 42

Remember always that my first and greatest concern must be the educational welfare of students 43 attending public schools. 44 45

Policy History: 46

Adopted on: 01/02/10 47 Reviewed on: 12/18/2013 48 Revised on: 49

A trustee may not: 7 8

1. Engage in a substantial financial transaction for the trustee’s private business purpose, 9 with a person whom the trustee inspects or supervises in the course of official duties. 10 11

2. Perform an official act directly and substantially affecting, to its economic benefit, a 12 business or other undertaking in which the trustee either has a substantial financial 13 interest or is engaged as counsel, consultant, representative, or agent. 14 15

3. Act as an agent or solicitor in the sale or supply of goods or services to a district. 16 17

4. Have a pecuniary interest, directly or indirectly, in any contract made by the Board, when 18 the trustee has more than a ten percent (10%) interest in the corporation. A contract does 19 not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments 20 or deposits in financial institutions that are in the business of loaning or receiving money, 21 when such investments or deposits are made on a rotating or ratable basis among 22 financial institutions in the community or when there is only one (1) financial institution 23 in the community; or 3) contracts for professional services other than salaried services or 24 for maintenance or repair services or supplies when the services or supplies are not 25 reasonably available from other sources, if the interest of any Board member and a 26 determination of such lack of availability are entered in the minutes of the Board meeting 27 at which the contract is considered. 28 29

5. Be employed in any capacity by the District, with the exception of officiating at athletic 30 competitions under the auspices of the Montana Officials Association 31 32

6. Perform an official act directly and substantially affecting a business or other 33 undertaking to its economic detriment when the officer or employee has a substantial 34 personal interest in a competing firm or undertaking. 35 36

7. Appoint or renew to a position of trust or emolument any person related or connected by 37 consanguinity within the fourth (4th) degree or by affinity within the second (2nd) degree. 38 39

a. This prohibition does not apply to the issuance of an employment contract to a 40 person as a substitute teacher who is not employed as a substitute teacher for more 41 than thirty (30) consecutive school days. 42

b. This prohibition does not apply to the renewal of an employment contract of a 43 tenured teacher or classified employee employed without a written contract for a 44 specific term related to a Board member, who was initially hired before the Board 45 member assumed the trustee position. 46

c. This prohibition does not apply if trustees comply with the following 4 requirements: 1) All trustees, except the trustee related to the person to be 5 employed or appointed, vote to employ the related person; 2) the trustee related to 6 the person to be employed abstains from voting; and 3) the trustees give fifteen 7 (15) days written notice of the time and place of their intended action in a 8 newspaper of general circulation in the county where the school is located. 9 10

11 12

Degrees of Affinity

Affinity is the legal relationship arising as the result of marriage. Relationship by affinity 13 terminates upon the death of one of the spouses or other dissolution of marriage, except when the 14 marriage has resulted in issue still living. 15 16

Degrees of Consanguinity 17 18 4 19 Great Great Grandparent 20 21 3 5 22 Great Grandparent Great Great Uncle/Aunt 23 24 2 4 6 25 Grandparent Great Uncle/Aunt Child of Great Uncle/Aunt 26 27 1 3 5 7 28 Parent Uncle/Aunt Child of GG Uncle/Aunt Grandchild of GG Uncle/Aunt 29 30 31 Trustee 32 2 4 6 8 33 Brother/Sister 1st Cousin 2nd Cousin 3rd Cousin 34 35 1 3 5 7 36 Child Nephew/Niece 1st Cousin 2nd Cousin 37 once removed once removed 38 39 2 4 6 40 Grandchild Grand Nephew/Niece 1st Cousin 41 twice removed 42 43 3 5 44 Great Grandchild Great Grand Nephew/Niece 45 46 4 47 Great Great Grandchild 48 49

Degrees of Affinity 4 5 3 6 Great Grandparent-in-law 7 8 2 9 Grandparent-in-law 10 11 1 3 12 Father/Mother-in-law Uncle/Aunt-in-law 13 14 1 2 15 Trustee Spouse Brother/Sister-in-law 16 17 18 1 3 19 Step Child Nephew/Niece-in-law 20 21 2 22 Step Grandchild 23 24 3 25 Step Great Grandchild 26 27 28 29

Policy History: 30 Adopted on: 12/18/2013 31 Reviewed on: 32 Revised on: 06/18/19, 01/21/20 33

Management Rights 5 6

The Board retains the right to operate and manage its affairs in such areas as but not limited to: 7 8

1. Direct employees; 9 10

2. Employ, dismiss, promote, transfer, assign, and retain employees; 11 12

3. Relieve employees from duties because of lack of work or funds under conditions where 13 continuation of such work would be inefficient and nonproductive; 14 15

4. Maintain the efficiency of District operations; 16 17

5. Determine the methods, means, job classifications, and personnel by which District 18 operations are to be conducted; 19 20

6. Take whatever actions may be necessary to carry out the missions of the District in 21 situations of emergency; 22 23

7. Establish the methods and processes by which work is performed. 24 25

The Board reserves all other rights, statutory and inherent, as provided by state law. 26 27

The Board also reserves the right to delegate authority to the Superintendent for the ongoing 28 direction of all District programs. 29 30 31 32

Cross Reference: 6110 Superintendent 33 34

Legal Reference: § 20-3-324, MCA Powers and duties 35 § 39-31-303, MCA Management rights of public employers 36 Bonner School District No. 14 v. Bonner Education Association, 37 MEA-MFT, NEA, AFT, AFL-CIO, (2008), 2008 MT 9 38 39

Policy History: 40 Adopted on: 10/09/99 41 Reviewed on: 12/18/2013 42 Revised on: 43

Helena Flats School District

Board/Staff Communications 5 6

Every reasonable means of communication is encouraged throughout the education community. 7 Nevertheless, an organization must maintain some order and structure to promote efficient and 8 effective communications. 9 10

Staff Communications to the Board 11 12

All official communications or reports to the Board, from principals, supervisors, teachers, or 13 other staff members, shall be submitted through the Superintendent. This procedure shall not 14 deny any staff member the right to appeal to the Board from administrative decisions, provided 15 that the Superintendent shall have been notified of the forthcoming appeal and that it is 16 processed according to the applicable procedures for complaints and grievances. 17 18

Board Communications to Staff 19 20

All official communications, policies, and directives of staff interest and concern will be 21 communicated to staff members through the Superintendent. The Superintendent will employ all 22 such media as are appropriate to keep staff fully informed of Board concerns and actions. 23 24

Visits to Schools 25 26

In accordance with Montana statutes, each trustee shall visit every school of the District at least 27 once each school fiscal year to examine its condition and needs. As a courtesy, individual Board 28 members interested in visiting schools should make arrangements for visitations through the 29 principals of the various schools. Such visits shall be regarded as informal expressions of 30 interest in school affairs and not as “inspections” or visits for supervisory or administrative 31 purposes. 32 33

Social Interaction 34 35

Staff and Board members share a keen interest in schools and education. When they meet at 36 social affairs and other functions, informal discussion about such matters as educational trends, 37 issues, and innovations and general District problems can be anticipated. Discussions of 38 personalities or staff grievances are not appropriate. 39 40

Legal Reference: § 20-3-324(21), MCA Powers and duties 41 42

Policy History: 43

Adopted on: 04/13/10 44 Reviewed on: 12/18/2013 45 Revised on: 46

Board-Superintendent Relationship 5 6

The Board-Superintendent relationship is based on mutual respect for their complementary roles. 7 The relationship requires clear communication of expectations regarding the duties and 8 responsibilities of both the Board and the Superintendent. 9 10

The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District 11 chief executive officer. The Board adopts policies necessary to provide the general direction for 12 the District and to encourage achievement of District goals. The Superintendent develops plans, 13 programs, and procedures needed to implement the policies and directs the District’s day-to-day 14 operations. 15 16 17 18

Cross Reference: 6110 Superintendent 19 20

Legal Reference: § 20-4-401, MCA Appointment and dismissal of district 21 superintendent or county high school principal 22 § 20-4-402, MCA Duties of district superintendent or county high 23 school principal 24 25

Policy History: 26 Adopted on: 02/15/11 27 Reviewed on: 12/18/2013 28 Revised on: 29

Helena Flats School District

Expenses for Board Members - In-District 7 8

A trustee shall not receive remuneration for service as a trustee. Trustees living more than three 9 (3) miles from the meeting place shall be entitled to be reimbursed for mileage at the rate 10 stipulated in § 2-18-503, MCA, for each mile of travel between their homes and the meeting 11 place for each meeting of the Board or for any meeting called by the county superintendent. 12 Reimbursement may be paid as the travel is assumed or may accumulate until the end of the 13 fiscal year, at the discretion of the trustee. 14 15

Expenses for Board Members at Out-of-District Meetings 16 17

Trustees normally attend workshops, training institutes, and conferences at both the state and 18 national levels. The District will pay all legitimate costs for trustees to attend out-of-District 19 meetings, at established rates for reimbursement set by the District: 20 21

1. Transportation as approved by the Board; 22

2. On-site transportation during the course of the meeting, i.e., bus, taxi, or rental car; 23

3. Hotel or motel costs for trustee, as necessary; 24

4. Food costs as necessary; 25

5. Telephone services for necessary communications with business or family, resulting from 26 the trustee being away from Helena Flats; 27

6. Incidental expenditures for tips and other necessary costs attributable to the trustee’s 28 attendance at a meeting; however, the District will not reimburse or pay for such items as 29 liquor, expenses of a spouse, separate entertainment, or other unnecessary expenditures. 30 31 32

Helena Flats School District

The District shall maintain sufficient insurance to protect the Board and its individual members 7 against liability arising from actions of the Board or its individual members while each is acting 8 on behalf of the District and within the trustee’s authority. 9 10

An additional trustee, as provided for in 20-3-352(2), who is chosen as a nonvoting chairperson 11 of the board of an elementary district is entitled to all of the immunization, defenses, and 12 indemnifications as described in 20-3-322, MCA. 13 14

Legal References: § 20-3-331, MCA Purchase of insurance – self-insurance plan 15 § 20-3-332, MCA Personal immunity and liability of trustees 16 § 20-3-352(2), MCA Request and determination of number of high 17 school district additional trustee positions – 18 nonvoting trustee 19 20

Policy History: 21 Adopted on: 12/18/2013 22 Reviewed on: 23 Revised on: 24

Annual Goals and Objectives 5 6

Annually the Board will formulate or review the goals of the District that reflect the district’s 7 strategic plan of education. At the conclusion of each school year, the Superintendent shall 8 report to the Board information which reflects the accomplishments towards the goals of the 9 District. 10 11

The Chairperson may appoint a committee of the Board, to include the Superintendent to 12 annually review the goals and report to the Board. 13 14

Cross Reference: MTSBA Strategic Governance Policy Series – 1000SG 15 16

Legal Reference: 10.55.701(2)(a), ARM Board of Trustees 17 18

Policy History: 19 Adopted on: 02/15/11 20 Reviewed on: 12/18/2013 21 Revised on: 09/17/19 22 23

Helena Flats School District

THE BOARD OF TRUSTEES 1621 3 4

In-Service Conference for Trustees 5 6

In keeping with the need for continued boardsmanship development, the Board encourages the 7 participation of its members at appropriate Board conferences, workshops, conventions, and 8 District-sponsored in-service training sessions. Funds for participation at such meetings will be 9 budgeted on an annual basis. 10 11 12 13

Policy History: 14 Adopted on: 12/18/2013 15 Reviewed on: 16 Revised on: 17

Internship means an agreement between a fully licensed Class 1, 2, or 3 educator, the school 7 district, and a Montana accredited educator preparation program. Internships are permitted in 8 endorsement areas approved by the Board of Public Education. 9 10

The Board recognizes the need to provide training opportunities for prospective teachers and 11 administrators. Internships for those in the process of acquiring teaching endorsements and/or 12 administrative credentials shall be considered and approved on an individual basis. The 13 Superintendent or designee involved will review the internship proposal with the candidate and 14 the university representative, much in the same manner as student teachers are assigned. 15 16

As part of an internship agreement, the parties must agree to the following: 17 18 (a) the intern will complete the requirements for the appropriate endorsement within three years; 19 (b) the school district will provide local supervision and support of the intern; and 20 (c) the accredited educator preparation program will approve the coursework and provide support 21 and periodic supervision. 22 23

A superintendent intern shall be supervised throughout the year by a licensed and endorsed 24 superintendent contracted by the district, including participation in, and review of, and written 25 concurrence in all performance evaluations of licensed staff completed by the intern. 26 27

An emergency authorization of employment granted by the Superintendent of Public Instruction 28 pursuant to §20-4-111, MCA is not a license; therefore is not eligible for an internship. 29 30

Legal Reference: § 20-4-111, MCA Emergency authorization of employment 31 ARM 10.55.602 Definitions 32 ARM 10.55.607 Internships 33 ARM 10.55.702

Licensure and duties of District 34 Administrator – District Superintendent 35 ARM 10.57.412 Class 1 and 2 Endorsements 36 ARM 10.57.413 Class 3 Administrative License 37 38 39

Policy History: 40 Adopted on: 12/18/2013 41 Reviewed on: 42 Revised on: 04/15/2014 43

Board Participation in Activities

Members of the Board, collectively and individually, are encouraged to attend school activities, 7 social functions, and instructional programs at no cost to the trustees, in order to view and 8 observe such functions in operation. Attendance at such programs as musical presentations, 9 speech activities, clubs, dramatic productions, and athletic events, indicates interest in school 10 affairs and provides opportunity for more comprehensive understanding of the total school 11 program. Administration will provide appropriate communications to trustees to keep them 12 informed about activities they may wish to attend. 13 14 15 16

Policy History: 17 Adopted on: 01/10 18 Reviewed on: 12/18/2013 19 Revised on: 20

Helena Flats School District

The Board establishes this Uniform Complaint Procedure as a means to address complaints 7 arising within the District. This Uniform Complaint Procedure is intended to be used for all 8 complaints except those governed by a specific process in state or federal law that supersedes 9 this process or collective bargaining agreement. Matters covered by a collective bargaining 10 agreement will be reviewed in accordance with the terms of the applicable agreement. 11 12

The District requests all individuals to use this complaint procedure, when the individual 13 believes the Board or its employees or agents have violated the individual’s rights under state or 14 federal law or Board policy. 15 16 The District will endeavor to respond to and resolve complaints without resorting to this formal 17 complaint procedure and, when a complaint is filed, to address the complaint promptly and 18 equitably. The right of a person to prompt and equitable resolution of a complaint filed hereunder 19 will not be impaired by a person’s pursuit of other remedies. Use of this complaint procedure is 20 not a prerequisite to pursue other remedies and use of this complaint procedure does not extend 21 any filing deadline related to pursuit of other remedies. 22 23

Deadlines requiring District action in this procedure may be extended for reasons related but not 24 limited to the District’s retention of legal counsel and District investigatory procedures. 25 26

27 28

Level

1: Informal

An individual with a complaint is first encouraged to discuss it with the appropriate employee 29 with the objective of resolving the matter promptly and informally. An exception is that a 30 complaint of sexual harassment should be discussed directly with an employee not involved in 31 the alleged harassment. Complaints alleging violations of district policy by Administrator will be 32 brought to the Board. 33 34

35 36

Level 2: Administrator

When a complaint has not been or cannot be resolved at Level 1, an individual may file a signed 37 and dated written complaint stating: (1) the nature of the complaint; (2) a description of the event 38 or incident giving rise to the complaint, including any school personnel involved; and (3) the 39 remedy or resolution requested. This written complaint must be filed within thirty (30) calendar 40 days of the event or incident or from the date an individual could reasonably become aware of 41 such event or incident. The applicability of the deadline is subject to review by the 42 Administrator to ensure the intent of this uniform complaint procedure is honored. 43 44

When a complaint alleges violation of Board policy or procedure, the Administrator will 45 investigate and attempt to resolve the complaint. The Administrator will respond in writing to 46

the complaint, within thirty (30) calendar days of the administrator’s receipt of the complaint. 4 5

If the complainant has reason to believe the Administrator’s decision was made in error, the 6 complainant may request, in writing, that the Board of Trustees review the 7 Administrator’s decision. (See Level 3.) This request must be submitted to the Board Chair 8 within fifteen (15) calendar days of the administrator’s decision. 9 10

When a complaint alleges sexual harassment or a violation of Title IX of the Education 11 Amendments of 1972 (the Civil Rights Act), Title II of the Americans with Disabilities Act of 12 1990, or Section 504 of the Rehabilitation Act of 1973, the building administrator may turn the 13 complaint over to a District nondiscrimination coordinator. The coordinator will complete an 14 investigation and file a report and recommendation with the Administrator. 15 16

Level 3: Board of Trustees 17 18

Upon written appeal of a complaint alleging a violation the individual’s rights under: (1) 19 Montana constitutional, statutory, or administrative law; (2) United States constitutional, 20 statutory, or regulatory law; or (3) Board policy upon which the Board of Trustees has authority 21 to remedy, the Board may consider the Administrator’s decision in Level 2 Upon receipt of 22 written request for appeal, the Chair will either: (1) place the appeal on the agenda of a regular or 23 special Board meeting, (2) appoint an appeals panel of not less than three trustees to hear the 24 appeal and make a recommendation to the Board, or (3) respond to the complaint with an 25 explanation of why the appeal will not be heard by the Board of Trustees in accordance with this 26 policy. If the Chair appoints a panel to consider the appeal, the panel will meet to consider the 27 appeal and then make written recommendation to the full Board. The Board will report its 28 decision on the appeal, in writing, to all parties, within thirty (30) calendar days of the Board 29 meeting at which the Board considered the appeal or the recommendation of the panel. A 30 decision of the Board is final, unless it is appealed pursuant to Montana law within the period 31 provided by law. 32 33 34 35

Legal Reference: Title IX of the Education Amendments of 1972 (Civil Rights Act) 36

Title II of the Americans with Disabilities Act of 1990 37 § 504 of the Rehabilitation Act of 1973 38 39

Policy History: 40

Adopted on: 09/08/09 41

Reviewed on: 12/18/2013 42 Revised on: 06/18/19 43

Level 4: County Superintendent

When a matter falls within the jurisdiction of a county superintendent of schools, the decision of 7 the Board may be appealed to the county superintendent by filing written appeal within thirty 8 (30) calendar days of the Board’s decision, pursuant to Montana law. 9 10 11 12

Legal Reference: Title IX of the Education Amendments of 1972 (Civil Rights Act) 13 Title II of the Americans with Disabilities Act of 1990 14 § 504 of the Rehabilitation Act of 1973 15 16

Policy History: 17

Adopted on: 09/08/09 18 Reviewed on: 12/18/2013 19 Revised on: 20

HELENA FLATS SCHOOL DISTRICT 1900 SERIES COVID-19 EMERGENCY POLICIES

TABLE OF CONTENTS

1900 Introduction and Emergency Policy Framework 1901 School District Policy and Procedures 1903 School District Meetings and Gatherings 1905 Student, Staff, and Community Health and Safety 1906 Student Instruction and Services 1906P Student Instruction Resources and Best Practices 1907 School District Declaration of Emergency 1909 Human Resources and Personnel 1911 School District Budget Adoption and Amendment and Audit 1912 School District Elections During Emergency

Helena Flats School District

COVID-19 Emergency Policies 1900 3 4

The board of trustees and its staff are operating under unusual, even unprecedented 5 circumstances by virtue of the declaration of a statewide emergency by the Governor and the 6 executive orders related to school closure to address concerns from the COVID-19 Virus and/or 7 the declaration of an unforeseen emergency (community disaster) made by the Board of 8 Trustees. In light of the COVID-19 pandemic, the Board of Trustees has found it necessary to 9 adopt temporary policies related to emergency school closures, the ongoing provision of 10 educational services to students, meetings of the Board, gatherings on school property, health 11 and safety of students, staff and community members, human resource matters and budgetary 12 matters. To ensure clarity and transparency, the board has organized all emergency school 13 policies into a temporary chapter. The Board has also included this introductory section as a 14 heading for each policy to ensure understanding of the purpose and duration of each policy 15 adopted pursuant to this chapter. 16 17

18 19

Purpose(s) of Policies

1. Ensuring that locally-elected trustees charged with the supervision and control of their 20 local public schools, in collaboration with their staff leadership teams, make decisions 21 that are in the best interests of students, staff and the community served. 22

2. Ensuring measures to protect the health and safety of students, staff and community 23 members. 24

3. Addressing issues relating to student instruction and family engagement. 25

4. Addressing barriers to learning presented by distance. 26

5. Improvement of instruction in on-site, offsite, and/or on-line settings 27

6. Ensuring continuity of employment of school district staff and/or continuity of services 28 provided by contract transportation providers. 29

7. Ensuring accountability to families with children 30 31

32 33

Term of COVID-19 Emergency Measures Policies

The term of School District Policies Numbered 1900-1999 shall run concurrent with any 34 emergency related to COVID-19 declared by the President, Congress, Montana Legislature, 35 Governor, Montana Department of Public Health and Human Services, county health department 36 or the board of trustees. These policies shall terminate, unless further extended, on the earlier of 37 June 30, 2022 or the date upon which all emergency declarations related to COVID-19 that apply 38 to the district have lawfully expired or have been dissolved. 39 40

Cross Reference: Policy 2221 – 2221P – School Closure 41

Policy 1400 – Board Meetings 42

Policy 1310 – Policy and Procedure 43

Policy 1420 – Meeting Procedure 44 45 46

Legal Reference: Executive Orders – 2-2020 and 3-2020 – Office of the Governor and 4 accompanying Directives 5 Section 20-9-801-806, MCA – Emergency School Closure 6 Section 50-1-202-204, MCA – Public Health Laws 7 Section 10-3-104, MCA – General Authority of Governor 8 Article X, section 8 – Montana Constituion 9 10 11

Policy History: 12 Adopted on: 4-28-20 13 Reviewed on: 4-28-20 14 Revised on: 8-17-21 15 Terminated on: 16

Helena Flats School District

Emergency Policy and Procedures 5 6

Applicability of Emergency Policy Series 7 8

During a state of emergency declared by the Board of Trustees or other local, state or federal agency, 9 official, or legislative body, the provisions in the emergency policies adopted by the Board of Trustees as 10 codified at 1900-1999 in the district policy manual will govern in the event of any conflict or 11 inconsistency between an emergency policy and other provision in the district policy manual. All other 12 aspects of the district policy manual not affected by the provisions in the emergency policy series 13 continue to be in full effect. 14 15

Legal References 16 17

In the absence of a legal reference on an emergency policy adopted by the Board of Trustees, the policy is 18 specifically based on the Board of Trustees authority to supervise and control the schools within the 19 District in accordance with Article X, section 8 of the Montana Constitution. 20 21

Adoption and Amendment of Policies 22 23

New or revised policies that are required or have required language changes based on State or Federal law 24 or directive, required by administrative rule, or are required due to a declaration of emergency issued by 25 the Board of Trustees or other state or federal agency official or legislative body may be adopted after the 26 first (1st) reading if notice has been given through the board agenda provided to the trustees and public 27 All new or amended policies adopted as part of the emergency policy series shall become effective 28 immediately upon adoption; unless a specific effective date is stated in the motion for adoption. 29 30

Suspension of Policies 31 32

Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of 33 the trustees present. To suspend a policy, however, all trustees must have received written notice of the 34 meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such 35 proposed suspension. 36 37

Administrative Procedures 38 39

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent 40 implementation of policies adopted by the Board of Trustees. 41 42 43

Legal References: § 20-3-323, MCA District policy and record of acts 44 10.55.701, ARM Board of Trustees 45 Title 20, Chapter 9 Part 8, MCA 46

Policy History: 47 Adopted on: 4-28-20 48 Reviewed on:4-28-20, 8-17-21 49 Revised on: 50 Terminated on: 51

Helena Flats School District

School District Meetings, Gatherings, Events, and Visitors 5 6

The School District has adopted the protocols outlined in this policy to govern during the term of 7 the declared public health emergency to ensure individuals present at a school facility for events 8 or other operationally related reasons honor safety protocols. The supervising teacher, principal, 9 superintendent or designated personnel are authorized to implement this policy in coordination 10 with state and local health officials. 11 12 13

14 15

School District Events

The School District shall not hold any non-school sponsored/affiliated meetings, gatherings, or 16 events in or on school property. The Board of Trustees may authorize meetings, gatherings, and 17 events utilizing electronic means when the meeting, gathering or event is essential to district 18 operations. 19 20 21

Visitors to Schools 22 23

Visitors to the interior of any school building shall not be permitted without the express approval 24 of the superintendent. Visitors that are authorized to be present in any school building must 25 adhere to all health and safety guidelines outlined in District Policy 1905. 26 27

Volunteers 28 29

Volunteers utilized by the School District that have been approved in accordance with District 30 Policy 5430 may enter the school building in accordance with the protocols outlined in District 31 Policy 1905. 32 33 34

35 36

Facilities Use Agreements

The Board of Trustees suspends community use of District facilities by outside groups Unless 37 an event is specifically identified as necessary by the Board of Trustees, Facilities Use 38 Agreements and other similar requests submitted in accordance with District Policy 4330 shall 39 not be considered while this policy governs the period of a public health emergency. 40 41

Enforcement 42 43

Visitors to any school building or any attendee at a meeting, gathering, or event authorized by 44 the Board of Trustees in accordance with this policy who fail to honor the requirements of 45 46

District Policy or the directives of School District officials shall be asked to correct their conduct 4 or leave the meeting, gathering, or event in accordance District Policy 4315. 5 6

Cross Reference: Policy 1901 – School District Policy and Procedures 7 Policy 1905 – Student, Staff, and Community Health and Safety 8 Policy 1400 – Board Meetings 9 Policy 5430 – Volunteers 10 Policy 4301 – Visitors to Schools 11 Policy 4332 – Conduct on School Property 12 Policy 4315 – Visitor and Spectator Conduct 13 Policy 4330 – Community Use of School Facilities 14 15 16 17

Policy History: 18

Adopted on: 5-21-20 19 Reviewed on: 5-21-20 20 Revised on: 8-17-21 21 Terminated on: 22

Helena Flats School District

Student, Staff, and Community Health and Safety 5 6

The School District has adopted the protocols outlined in this policy during the term of the 7 declared public health emergency to ensure the safe and healthy delivery of education services 8 provided to students on school property in accordance with Policy 1906, and a safe workplace 9 when staff are present on school property in accordance with Policy 1909, and the safety, health 10 and well-being of parents and community members. The supervising teacher, principal, 11 superintendent or designated personnel are authorized to implement the protocols in coordination 12 with state and local health officials. 13 14

15 16

Symptoms of Illness

Students and staff who are ill, feeling ill, diagnosed as ill, or otherwise demonstrating symptoms 17 of illness must not come to school or work. Students who have a fever or are exhibiting other 18 signs of illness must be isolated in a designated area until such time as parents or caregiver may 19 arrive at the school to retrieve the ill student. All surfaces and areas should be thoroughly 20 cleaned and disinfected once the student has vacated the area by staff utilizing safety measures in 21 accordance with state and/or local health standards as applicable. Students may engage in 22 alternative delivery of education services during the period of illness or be permitted to make up 23 work in accordance with District Policy 1906. Staff members will be provided access to leave in 24 accordance with District Policy 1911 or the applicable Master Contract or Memorandum of 25 Understanding. 26 27

Parents, guardians, or caregivers of students who are ill, feeling ill, diagnosed as ill, or otherwise 28 demonstrating symptoms of illness must not be present at the school for any reason including but 29 not limited events or gatherings or to drop off or pick up students excepted as provided by this 30 policy. To avoid exposing others to illness, parents or caregivers who are ill must make 31 arrangements with others to transport students to school or events, if at all practicable. If not 32 practicable, parents, guardians or caregivers must not leave their vehicle during pickup or drop 33 off and must arrange with District staff to supervise students in accordance with physical 34 distancing guidelines in this Policy. 35 36 37

38 39

Physical Distancing

To the extent possible, elementary school courses will be delivered to the same group of students 40 each day, and the same teachers will remain with the same group in the same separate and 41 designated room each day. Meal service and courses will be delivered in the cafeteria to the same 42 group of students each day as scheduled during their allotted time. Recess and use of 43 playgrounds during recess are permitted on an adjusted schedule to maintain appropriate student 44 groupings. 45 46

Parent arrival times to drop-off and pick up students riding with parents and caregivers will be 4 staggered in designated intervals by grade level through a schedule set by the supervising teacher 5 or building administrator. 6 7

Drop off and pick up of students will be completed in a manner that limits direct contact between 8 parents and staff members and adhere to social distancing recommendations in the exterior of the 9 building. 10 11

Visitors to the school authorized by District Policy 1903 will maintain a six-foot distance 12 between themselves and others. This distancing requirement does not apply to individuals who 13 are a part of the visitor’s regular household isolation group when the group is authorized to 14 present at the school facility. 15 16

Masks as Personal Protective Equipment 17 18

Staff and students may wear a mask while present in any school building. The School District 19 does not require the use of masks and will not provide masks except in cases required by this 20 policy or at the discretion of the administration. The Board of Trustees’ decision to not require 21 or provide masks is based on a review of the circumstances in the community and consultation 22 with local health officials on issues including but not limited to the possibility of exposure and 23 availability of masks. 24 25

Allegations of harassment directed toward masked or unmasked individuals will be promptly 26 investigated and subject to discipline in accordance with School District Policy. 27 28

The Board of Trustees reserves the right to convene an Emergency School Board meeting to 29 address the need to require masks of any individual present in the school building in 30 circumstances where the increase of infection or transmission is such that there is a potential to 31 close classrooms or the school. If the Board of Trustees moves to require masks in school the 32 length of time will be for 3 weeks or until the next regularly scheduled board meeting. The 33 Board of Trustees will at that time review the decision to require masks and either remove or 34 extend the duration of the mask requirement. 35 36

37 38

Cleaning and Disinfecting

School district personnel will routinely both clean by removing germs, dirt and impurities and 39 disinfect by using chemicals to kill germs on all surfaces and objects in any school building and 40 on school property that are frequently touched. This process shall include cleaning 41 objects/surfaces not ordinarily cleaned daily. 42 43

Personnel will clean with the cleaners typically used and will use all cleaning products according 44 to the directions on the label. Personnel will disinfect with common EPA-registered household 45 disinfectants. A list of products that are EPA-approved for use against the virus that causes 46

COVID-19 is available from the supervising teacher or administrator Personnel will follow the 4 manufacturer’s instructions for all cleaning and disinfection products. 5 6

The District will provide EPA-registered disposable wipes to teachers, staff, and secondary 7 students so that commonly used surfaces (e.g., keyboards, desks, remote controls) can be wiped 8 down before use. Supervising teacher or administrators are required to ensure adequate supplies 9 to support cleaning and disinfection practices. 10 11

Student Arrival 12 13

Hand hygiene stations will be available at the entrance of any school building, so that children 14 can clean their hands before they enter. If a sink with soap and water is not available, the School 15 District will provide hand sanitizer with at least 60% alcohol. Hand sanitizer will be kept out of 16 elementary students’ reach and student use will be supervised by staff. 17 18

A District employee will greet children outside the school as they arrive to ensure orderly 19 compliance with the provisions of this policy. 20 21

Temperature Screening 22 23

Designated School District staff are authorized to test the temperature of students with an 24 approved non-contact or touchless temperature reader. Students who have a fever or are 25 exhibiting other signs of illness must be isolated in a designated area until such time as parents or 26 caregiver may arrive at the school to retrieve the ill student. All surfaces and areas should be 27 thoroughly cleaned and disinfected once the student has vacated the area. 28 29

When administering a temperature check on a possibly ill student, designated staff members will 30 utilize available physical barriers and personal protective equipment to eliminate or minimize 31 exposures due to close contact to a child who has symptoms during screening. 32 33

Healthy Hand Hygiene Behavior 34 35

All students, staff, and others present in the any school building will engage in hand hygiene at 36 the following times, which include but are not limited to: 37

• Arrival to the facility and after breaks 38

• Before and after preparing, eating, or handling food or drinks 39

• Before and after administering medication or screening temperature 40

• After coming in contact with bodily fluid 41

• After recess 42

• After handling garbage 43

• After assisting students with handwashing 44

• After use of the restroom 45 46

Hand hygiene includes but is not limited to washing hands with soap and water for at least 20 4 seconds. If hands are not visibly dirty, alcohol-based hand sanitizers with at least 60% alcohol 5 can be used if soap and water are not readily available. 6 7

Staff members will supervise children when they use hand sanitizer and soap to prevent 8 ingestion. 9 10

Staff members will place grade level appropriate posters describing handwashing steps near 11 sinks. 12 13

14 15

Vulnerable Individuals

Vulnerable individuals (defined by the Centers for Disease Control at the time of this policy’s 16 adoption as those age 65 or older or those with serious underlying health conditions, including 17 high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune 18 system is compromised such as by chemotherapy for cancer and other conditions requiring such 19 therapy) are authorized to talk to their healthcare provider to assess their risk and to determine if 20 they should telework during the period of declared public health emergency. 21 22

Employees who have documented high risk designation from a medical provider are entitled to 23 reasonable accommodation within the meaning of that term in accordance with the Americans 24 with Disabilities Act and Section 504 as outlined in District Policy 5002. These accommodations 25 may include but are not limited to teleworking in accordance with a work plan developed in 26 coordination with and authorized by the supervising teacher, administrator or other designated 27 supervisor. Such employees may also be eligible for available leave in accordance with the 28 applicable policy or master agreement provision. 29 30 31

32 33

Food Preparation and Meal Service

Facilities must comply with all applicable federal, state, and local regulations and guidance 34 related to safe preparation of food. 35 36

Sinks used for food preparation must not be used for any other purposes. 37 38

Staff and students will wash their hands in accordance with this policy. 39 40 41

Transportation Services 42 43

The Board of Trustees authorizes the transportation of eligible transportees to and from the 44 school facility in a manner consistent with the protocols established in this policy. The 45 46

transportation director and school bus drivers will clean and disinfect each seat on each bus after 4 each use. 5 6

Public Awareness 7 8

The School District will communicate with parents, citizens, and other necessary stakeholders 9 about the protocols established in this policy and the steps taken to implement the protocols 10 through all available and reasonable means. 11 12

Confidentiality 13 14

This policy in no way limits or adjusts the School District’s obligations to honor staff and student 15 privacy rights. All applicable district policies and handbook provision governing confidentiality 16 of student and staff medical information remain in full effect. 17 18

19 20

Transfer of Funds for Safety Purposes

The Board of Trustees may transfer state or local revenue from any budgeted or non-budgeted 21 fund, other than the debt service fund or retirement fund, to its building reserve fund in an 22 amount not to exceed the school district's estimated costs of improvements to school and student 23 safety and security to implement this policy in accordance with District Policy 1006FE. 24 25

Cross Reference: Policy 1901 – School District Policy and Procedures 26

Policy 1906 - Student Services and Instructional Delivery 27 Policy 1907 – Transportation Services 28

Policy 1006FE – Transfer of Funds for Safety Purposes 29

Policy 3410 – Student examination and screenings 30

Policy 3417 – Communicable Diseases 31

Policy 3431 – Emergency Treatment 32

Policy 1911 - Personnel Use of Leave 33

Policy 1910 – Human Resources and Personnel 34

Policy 4120 - Public Relations 35

Policy 5002 – Accommodating Individuals with Disabilities 36

Policy 5130 – Staff Health 37

Policy 5230 - Prevention of Disease Transmission 38

Policy 6110 – Superintendent Authority 39 Policy 6122 - Delegation of Authority 40 41

Policy History: 42 Adopted on: 4-28-20 43 Reviewed on:4-28-20 44 Revised on: 8-17-21 45 Terminated on: 46

The School District has adopted the protocols outlined in this policy to govern during the term of 7 the declared public health emergency to ensure the delivery of education services to students 8 onsite at the school, offsite at other locations using available resources including but not limited 9 to online methods. The supervising teacher, principal, superintendent or designated personnel are 10 authorized to implement this policy. 11 12

As outlined in District Policy 2100, and except for students determined by the School District to 13 be proficient using School District assessments, the adopted calendar has a minimum number of 14 720 aggregate instructional hours for students in kindergarten through third grade; 1,080 hours 15 for students in fourth through eleventh grade and 1,050 hours for students in twelfth grade. 16 17

The School District may satisfy the aggregate number of hours through any combination of 18 onsite, offsite, and online instruction. The District administration is directed to ensure that all 19 students are offered access to the complete range of educational programs and services for the 20 education program required by the accreditation standards adopted by the Montana Board of 21 Public Education. 22 23

For the purposes of this policy and the School District’s calculation of ANB and “aggregate 24 hours of instruction” within the meaning of that term in Montana law, teaching strategies which 25 are innovative or transformational and focus on student engagement for the purposes of 26 developing a students’ interests, passions, and strengths, instruction shall be construed as being 27 synonymous with the terms “learning” and “education ” The term shall include any directed, 28 distributive, collaborative and/or experiential learning activity provided, facilitated or 29 coordinated by the teacher of record in a given course that is done purposely to facilitate the 30 learning of, acquisition of knowledge, skills and abilities by, and to otherwise fulfill the full 31 educational potential of students. 32 33

Staff shall calculate the number of hours students have received instruction as defined in this 34 policy through a combined calculation of services received onsite at the school or services 35 provided or accessed at offsite or online instructional settings including, but not limited to, any 36 combination of physical instructional packets, virtual or electronic based course meetings and 37 assignments, self-directed or parent-assisted learning opportunities, and other educational efforts 38 undertaken by the staff and students that can be given for grade or credit. Staff shall report 39 completed hours of instruction as defined in this policy to the supervising teacher, building 40 principal, or district administrator for final calculation. 41 42

Students shall receive grades for completed coursework in accordance with the grading scale for 43 the individual staff member or the alternative grading procedures outlined in District Policy 44 1902. 45 46

The Board of Trustees may revise the school calendar to adjust the completion of the school year 5 for particular grade levels and groups once students have satisfied the required number of 6 applicable aggregate hours. 7 8

In order to comply with the requirements of the calendar, District Policy and Section 20-1-301, 9 MCA, the District shall implement the instructional schedules and methods identified in this 10 policy 11 12 13

14 15

School Facility as Instructional Setting

The Board of Trustees authorizes instruction of students at the school facility in a manner that 16 satisfies the aggregate number of instructional hours outlined in the School District’s adopted or 17 revised calendar for the 2019-2020 school year. 18 19

All educational and related services provided at the school facility shall be completed in 20 accordance with the health and safety protocols outlined in District Policy 1905. 21 22 23

Online Instructional Setting 24 25

The Board of Trustees authorizes online instruction of students in a manner that satisfies the 26 aggregate number of instructional hours outlined in the School District’s adopted or revised 27 calendar for the 2019-2020 school year. Online delivery methods shall include a complete range 28 of educational services offered by the School District and shall comply with the requirements of 29 applicable statutes. Students completing course work through an offsite or online instructional 30 setting shall be treated in and have their hours of instruction calculated in the same manner as 31 students attending an onsite institutional setting. 32 33

Students receiving online delivery of education services may be eligible for assistance with 34 accessibility to offsite or remote learning opportunities in accordance with District Policy 1904. 35 36 37

38 39

Special Education and Accommodation of Disabilities or Diagnoses

Students shall receive services in accordance with the applicable Individualized Education Plan 40 or Section 504 Plan based on methods and locations agreed upon and documented by the 41 applicable team to meet the student’s needs and goals. The supervising teacher or building 42 administrator shall coordinate with parents and the special education staff or cooperative to 43 ensure all applicable statutes are followed in accordance with U.S. Department of Education 44 guidelines. 45 46

Student Attendance 4 5

The Board of Trustees authorizes the supervising teacher, building principal or district 6 administration to set an attendance policy for students that takes into account the location of 7 instructional services, the applicability of proficiency-based instruction, the student’s grade level, 8 and the health and safety of the student and their household. Students are expected to complete 9 assigned work. If a student is not present for the instructional day, the student shall be permitted 10 to complete all work assigned by the teacher if not present for instruction within a reasonable 11 period of time determined by the teacher. Students shall not lose credit or incur a grade 12 reduction for reasons related to attendance without good reason as determined by the Board of 13 Trustees. 14 15

Student Safety and Counseling 16 17

Students shall have access to regular school counseling services whether their instruction is 18 provided in an onsite, offsite or online setting. Staff shall promptly report any suspected student 19 distress or concern to their supervisor for review and referral. Students receiving instruction in 20 an offsite setting are governed by the staff obligation to report suspected child abuse or neglect. 21 22 23

Homeless Students and Students in Foster Care 24 25

This policy in no way limits or adjusts the School Districts obligations to homeless students or 26 students in foster care. Applicable District policies serving these students or this population of 27 students remain in full effect. 28 29 30

Student Discipline 31 32

This policy in no way limits or adjusts the School District’s expectations for student conduct. 33 All applicable district policies and handbook provisions governing student conduct remain in full 34 effect. 35 36 37

Legal Reference: Section 20-1-101, MCA – Definitions 38 Section 20-1-301, MCA – School Fiscal Year 39 Section 20-9-311, MCA – Calculation of Average Number Belonging 40 Section 20-7-118, MCA - Offsite Provision of Educational Services 41 Section 20-7-1601, MCA – Transformational Learning –Legislative Intent 42 ARM 10.55.906(4)) – High School Credit 43 44

Cross Reference: Policy 1005FE – Proficiency-Based Learning 45 Policy 1902 – Alternative Grading 46

Policy 1905 - Staff, Student, and Community Health and Safety 5 Policy 2100 – School Calendar 6 Policy 2140 – Guidance and Counseling 7 Policy 2161 – Special Education 8 Policy 2168 – Distance Learning 9 Policy 2410 – Graduation 10 Policy 2420 – Grading and Progress Reports 11 Policy 2421 – Promotion and Retention 12 Policy 2150 – Suicide Training and Awareness 13 Policy 3125 – Homeless Students 14 Policy 3122 - Attendance Policy 15 Policy 3310 - Student Discipline 16 17 18

Policy History: 19 Adopted on: 4-28-2020 20 Reviewed on:4-28-2020, 8-17-21 21 Revised on: 22 Terminated on: 23

Helena Flats School District

Student Instruction Resources and Best Practices

In accordance with Policy 1005FE – Proficiency Based Learning and Section 20-9-311(4)(d), 7 MCA, “a school district may include in its calculation of ANB a pupil who is enrolled in a 8 program providing fewer than the required aggregate hours of pupil instruction under subsection 9 (4)(a) or (4)(b) if the pupil has demonstrated proficiency in the content ordinarily covered by the 10 instruction as determined by the school board using district assessments. The ANB of a pupil 11 under this subsection (4)(d) must be converted to an hourly equivalent based on the hours of 12 instruction ordinarily provided for the content over which the student has demonstrated 13 proficiency.” 14 15

Proficiency or satisfying aggregate hours of instruction can be achieved through an on-site, off- 16 site, or blended learning model as outlined in Policy 1906. 17 18

Best practices, including but not limited to those outlined below, will assist districts in 19 facilitating quality learning for each student regardless of background or circumstance. 20 21

22

Planning & Communication

• Providing tools for virtual learning will help ensure equity in access to learning 23 opportunities. With Policy 1904, districts may utilize transportation funds to facilitate 24 internet and device access to students currently without 25

• Provide weekly learning agendas communicated to students and parents. 26

• Set student meetings, teacher office hours, assignment expectations, and grades available 27 on an established schedule. Districts may consider Policy 1902 – Alternative Grading. 28

• Establish whole group virtual “class time” and/or opportunities for small group learning 29

o Post assignments online early and for the entire week. 30 During this time of challenge, providing structure and certainty will 31 support academic, mental and emotional health. 32

o Students should receive some form of communication from the school community 33 at least once per day. 34

35

Set Expectations

• With students and parents/guardians set expectations and acknowledgment of the 36 importance for ownership of student learning. 37

• Expectations can outline due dates for assessments. 38

• Outline how much online participation is required of students 39

• Include expectation for daily submission of work or review of accomplishments toward 40 goals 41

• Survey students and parents/guardians to make adjustments to lessons. Remember to be 42 flexible time learning software, apps, etc. should be considered part of learning. 43 44

5

Differentiated Instruction & Learning Models

• Embed experiential learning that fosters a learning environment that promotes 6 connections. Districts participating in Transformational Learning funding can utilize their 7 Strategic Plan as a guiding document and adapt to a virtual environment. 8

• Social Emotional Learning and connections. 9

o Begin the day by connecting with students a Brain Teaser or an exercise for 10 students to share a topic of interest or something from home with others. 11

• Record lessons 12

o Lessons should come with visual substance and multiple types of instruction to 13 facilitate learning downloads, PowerPoints, videos, readings, audio recordings, 14 etc. 15

• Honor students interests and passions through experiential learning opportunities. 16

• Project based learning 17

o Engage the students to do the work through research, developing, and creating a 18 product which encompasses a variety of subject areas. 19 o Encourage creativity. 20

o Consider pointing students to the right resources (videos, websites, files) and 21 allow them to be contributors to their own learning Creation of a science 22 project writing, demonstration of items needed, YouTube video with the end 23 result being submitted to the teacher and classmates. 24 Wax Museum example: reading about character, writing about individual, 25 dress up and record via YouTube or creation of a Power Point with 26 pictures 27

o Project based learning presents opportunities for cross-subject collaboration and 28 flexibility in ways to show student learning. 29

30

Demonstrating Learning

• Provide video meeting and messaging capabilities to engage students in multiple 31 mediums to show learning. 32

• Provide daily feedback to address academic growth and monitor and improve social 33 emotional wellness. 34

o Clearly communicate to ensure students and parents are aware of the importance 35 of this mutual feedback. 36

• Opportunity for MAP testing/Unit testing for subject areas 37

• Formative assessments can guide instruction and provide multiple opportunities for 38 feedback and identifying gaps in student learning and instruction through a low-stress 39 medium 40 41 42

Legal Reference: Section 20-1-101, MCA – Definitions 5

Section 20-1-301, MCA – School Fiscal Year 6

Section 20-9-311, MCA – Calculation of Average Number Belonging 7 Section 20-7-118, MCA - Offsite Provision of Educational Services 8

Section 20-7-1601, MCA – Transformational Learning –Legislative Intent 9 ARM 10.55.906(4)) – High School Credit 10 11

Cross Reference: Policy 1005FE – Proficiency-Based Learning 12 Policy 1902 – Alternative Grading 13 Policy 1905 - Staff, Student, and Community Health and Safety 14 Policy 2100 – School Calendar 15 Policy 2140 – Guidance and Counseling 16 Policy 2161 – Special Education 17 Policy 2168 – Distance Learning 18 Policy 2410 – Graduation 19 Policy 2420 – Grading and Progress Reports 20 Policy 2421 – Promotion and Retention 21 Policy 2150 – Suicide Training and Awareness 22 Policy 3125 – Homeless Students 23 Policy 3122 - Attendance Policy 24 Policy 3310 - Student Discipline 25 26 27

Policy History: 28 Adopted on: 4-28-20 29 Reviewed on:4-28-20, 8-17-21 30 Revised on: 31 Terminated on: 32

Helens Flats School District 1

COVID-19 Emergency Measures 1907 3 4 School District Declaration of Emergency 5 6

The Board of Trustees is authorized to declare that a state of emergency exists within the 7 community. A declaration issued by the Board of Trustees is distinct from any declaration in 8 effect or previously issued by local, state or federal authorities. An emergency declaration issued 9 by the Board of Trustees authorizes the School District to take extraordinary measures to protect 10 students and staff while delivering education services in a manner authorized by law. The 11 method and location of instruction and related educational services shall be implemented in a 12 manner that serves the needs of students, their families, and staff and preserves the School 13 Districts full entitlement of funding. 14 15

Legal Reference: Section 20-9-801 - 802, MCA Emergency School Closure 16 Section 20-9-806, MCA School closure by declaration of 17 emergency 18 Section 20-9-805. Rate of reduction in annual 19 apportionment entitlement. 20 21

Policy History: 22 Adopted on: 4-28-2020 23 Reviewed on:4-28-2020, 8-17-2021 24 Revised on: 25 Terminated on: 26

Helena Flats School District

Human Resources and Personnel

The School District has adopted the protocols outlined in this policy to govern during the term of 7 the declared public health emergency to ensure clear expectations for District staff while 8 completing their duties in a safe and healthy workplace. The supervising teacher, principal, 9 superintendent or designated personnel are authorized to implement this policy. 10 11 12

Work Schedule and Assignment for Certified Staff 13 14

The working conditions for the certified staff shall be governed by a Collective Bargaining 15 Agreement and any applicable Memorandum of Understanding between the Unit and the School 16 District or the individual employment contracts between the employee and the School District. 17 Certified staff shall comply with the emergency policies adopted by the Board of Trustees and 18 related directives from the administration unless there is a provision of a Collective Bargaining 19 Agreement or an applicable Memorandum of Understanding that specifically governs instead of 20 the policy. 21 22 23

Work Schedule and Assignment of Duties for Classified Staff 24 25

In accordance with the individual employment contracts issued to classified staff, the District 26 reserves the right to change employment conditions affecting an employee’s duties, schedule, 27 assignment, or supervisor. The District shall notify the employee in writing of any change in 28 their workday or duties. Classified staff shall comply with the emergency policies adopted by the 29 Board of Trustees and related directives from the administration 30 31 32

Personal Conduct 33 34

This policy in no way limits or adjusts the School District’s expectations for staff conduct. All 35 applicable district policies and handbook provision governing staff conduct remain in full effect 36 37

Student Services 38 39

Students shall have access to regular instructional services whether their instruction is provided 40 in an onsite or online setting. Staff shall promptly report any suspected violation of School 41 District Policy or concern about student health, well-being, or safety to their supervisor for 42 review and referral. Students receiving instruction in an offsite or online setting are governed by 43 all applicable laws, including the staff obligation to report suspected child abuse or neglect. 44 45 46

Staff shall continue to earn regular compensation and benefits during the period of declared 3 public health emergency: unless funding is not forthcoming. Payroll dates and schedules are not 4 affected by an applicable public health emergency. 5 6 7

Evaluation of Staff 8 9

The Board of Trustees authorizes the administration to adjust or waive the schedule for 10 evaluation of staff to accommodate the changes to the school calendar for the remainder of the 11 2021-2022 school year unless there is a Collective Bargaining Agreement or Memorandum of 12 Understanding specifying the evaluation process of a member of a bargaining unit. 13 14 15

Cross Reference: Policy 1905 - Student, Staff and Community Health and Safety 16 Policy 1906 – Student Instruction 17 Policy 5140 – Classified Assignment 18 Policy 5210 – Assignments and Transfers 19

Policy 5221 – Work Day 20 Policy 5232 – Abused and Neglected Child Reporting 21 Policy 5255 – Disciplinary Action 22 Policy 5223 – Personal Conduct 23 Policy 5012 – Sexual Harassment 24 Policy 5015- Bullying and Intimidation 25 Policy 5130 – Staff Health 26 Policy 5230 – Prevention of Disease Transmission 27 Policy 5222 – Evaluation of Certified and Classified Staff 28 29

Policy History: 30 Adopted on: 4-28-20 31 Reviewed on: 4-28-20 32 Revised on: 8-17-21 33 Terminated on: 34

Helena Flats School District

COVID-19 Emergency Measures 1911 3 4

School District Budget Adoption, Amendment and Audit 5 6

The period of the school fiscal year affected by the declared public health emergency shall be the 7 longer of the portion of the school fiscal year covered by an emergency declared by the 8 President, Congress, Governor, Montana Legislature, State or County Health Department or the 9 portion of the school fiscal year identified in the board’s declaration of an emergency. The 10 School District shall avail itself of all flexibilities allowed by law, rule, or regulation and shall be 11 otherwise governed by the school finance laws and rules of the state of Montana. The School 12 District shall comply with auditing requirements and reserves the authority to assert its rights to 13 manage school district funds or seek state and federal funds in a manner consistent with the full 14 flexibility available under all applicable laws. 15 16

Legal Reference: Article X, section 8 Montana Constitution 17 Title 20, Chapter 9, Part 8, Montana Code Annotated 18 19

Policy History: 20 Adopted on: 4-28-20 21 Reviewed on:4-28-20, 8-17-21 22 Revised on: 23 Terminated on: 24

Helena Flats School District 1 2

COVID-19 Emergency Measures 1912 3 4

School District Elections Rescheduled Due to Emergency 5 6

The County Superintendent may cancel the School District’s election due to an emergency 7 declared by the Governor. As soon as convenient after the declaration of a state of emergency or 8 disaster is terminated, the trustees of the district shall set a new date for the election. Notice of 9 such election shall be published for 7 consecutive days in a newspaper of general circulation in 10 the district and posted for 7 days at district polling places. All applicable deadlines governing 11 school election procedures in Montana law shall be reset and calculated based on the date of 12 rescheduled election. 13 14

Legal Reference: Section 20-20-108, MCA - Rescheduling Of School Election Canceled 15 Due To Declaration Of State Of Emergency Or Disaster 16 Title 20, Chapter 20, MCA 17 18 19

Policy History: 20 Adopted on: 4-28-20 21 Reviewed on:4-28-20, 8-17-21 22 Revised on: 23 Terminated on: 24

HELENA FLATS SCHOOL DISTRICT

2000 SERIES INSTRUCTION

TABLE OF CONTENTS

R 2000 Goals

R 2100 School Year Calendar and Day

R 2105 Grade Organization 2110 Objectives

R 2120 Curriculum Development and Assessment 2130 Program Evaluation and Diagnostic Tests

R 2132 Student and Family Privacy Rights 2140 2150 2151F

Guidance and Counseling Suicide Awareness and Training Assumption of Risk Form

R 2158 Family Engagement Policy

R 2160 - 2160P Title I Parent Involvement

R 2161 - 2161P Special Education

R 2162 - 2162P Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 2168 2170 Distance Learning Courses Digital Academy

R 2171 Significant Writing Program 2221 School Closure 2240 Summer School

R 2309 Library Materials

R 2310 - 2310P Selection of Library Materials

R 2311 Instructional Materials

R 2311P Selection, Adoption, and Removal of Textbooks and Instructional Materials

R 2312 Copyright

R 2312P Copyright Compliance

R 2314 Learning Materials Review 2320 Field Trips, Excursions, and Outdoor Education

R 2330 Controversial Issues and Academic Freedom 2332 Religion and Religious Activities

R 2333 Participation in Commencement Exercises 2334 Release Time for Religious Instruction 2335/F1&F2 Health Enhancement

R 2413 Credit Transfer and Assessment for Placement 2421 Promotion and Retention

R 2450 Recognition of Native American Cultural Heritage

R 2510 School Wellness

The District’s educational program will seek to provide an opportunity for each child to develop 7 to his or her maximum potential. The objectives for the educational program are: 8 9

• To foster self-discovery, self-awareness, and self-discipline. 10

• To develop an awareness of and appreciation for cultural diversity. 11

• To stimulate intellectual curiosity and growth. 12

• To provide fundamental career concepts and skills. 13

• To help the student develop sensitivity to the needs and values of others and respect for 14 individual and group differences. 15

• To help each student strive for excellence and instill a desire to reach the limit of his or 16 her potential. 17

• To develop the fundamental skills which will provide a basis for lifelong learning. 18

• To be free of any sexual, cultural, ethnic, or religious bias. 19 20

The administrative staff is responsible for apprising the Board of the educational program’s 21 current and future status. The Superintendent should prepare an annual report that includes: 22 23

• A review and evaluation of the present curriculum; 24

• A projection of curriculum and resource needs; 25

• An evaluation of, and plan to eliminate, any sexual, cultural, ethnic, or religious bias that 26 may be present in the curriculum or instructional materials and methods; 27

• A plan for new or revised instructional program implementations; and 28

• A review of present and future facility needs. 29 30 31 32

Legal Reference: 10.55.701, ARM Board of Trustees 33 34

Policy History: 35

Adopted on: 12/11 36 Reviewed on: 37 Revised on: 12/18/2013 38

Helena Flats School District

School Year Calendar and Day 5 6

School Calendar 7 8

Subject to §§ 20-1-301 and 20-1-308, MCA, and any applicable collective bargaining agreement 9 covering the employment of affected employees, the trustees of a school district shall set the 10 number of hours in a school term, the length of the school day, and the number of school days in 11 a school week. When proposing to adopt changes to a previously adopted school term, school 12 week, or school day, the trustees shall: (a) negotiate the changes with the recognized collective 13 bargaining unit representing the employees affected by the changes; (b) solicit input from the 14 employees affected by the changes but not represented by a collective bargaining agreement; (c) 15 and from the people who live within the boundaries of the school district. 16 17

18 19

Commemorative

Holidays

Teachers and students will devote a portion of the day on each commemorative holiday 20 designated in § 20-1-306, MCA, to study and honor the commemorated person or occasion. The 21 Board may from time to time designate a regular school day as a commemorative holiday. 22 23

Saturday School 24 25

Pupil instruction may be held on a Saturday at the discretion of a school district for the purpose 26 of providing additional pupil instruction, provided that: (a) Saturday school is not a pupil- 27 instruction day and does not count toward the minimum aggregate hours of pupil instruction; and 28 (b) student attendance is voluntary. 29 30

31 32

School Fiscal Year

At least the minimum number of aggregate hours must be conducted during each school fiscal 33 year. The minimum aggregate hours required by grade are: 34 (a) A minimum of 360 aggregate hours for a kindergarten program; 35 (b) 720 hours for grades 1 through 3; 36 (c) 1,080 hours for grades 4 through 12; and 37 (d) 1,050 hours may be sufficient for graduating seniors. 38 39

The minimum aggregate hours, described above, are not required for any pupil demonstrating 40 proficiency pursuant to 20-9-311(4)(d), MCA. 41 42

In addition, seven (7) pupil instruction-related days may be scheduled for the following 43 purposes: 44 1. Pre-school staff orientation for the purpose of organization of the school year; 45 2. Staff professional development programs (minimum of three (3) days); 46

3. Parent/teacher conferences; and 5

4. Post-school record and report (not to exceed one (1) day, or one-half (½) day at the end 6 of each semester or quarter). 7 8

The Board of Trustees has established an advisory committee to develop, recommend, and 9 evaluate the school district’s yearly professional development plan. Each year the Board of 10 Trustees shall adopt a professional development plan for the subsequent school year based on the 11 recommendation of the advisory committee. 12 13

Legal References: § 20-1-301, MCA School fiscal year 14

§ 20-1-302, MCA School term, day and week 15

§ 20-1-303, MCA Conduct of School on Saturday or Sunday 16 prohibited - exceptions 17

§ 20-1-304, MCA Pupil-instruction-related day 18

§ 20-1-306, MCA Commemorative exercises on certain days 19

§ 20-9-311, MCA Calculation of Annual Number Belonging (ANB) 20

ARM 10.55.701 Board of Trustees 21

ARM 10.65.101, 103 Pupil-Instruction-Related Days 22

ARM 10.55.714 Professional Development 23

ARM 10.55.906 High School Credit 24 25

Policy History: 26

Adopted on: 10/11 27 Reviewed on: 12/18/13 28 Revised on: 04/15/14 29

The District maintains instructional levels for grades kindergarten (K) through eight (8). The 7 grouping and housing of instructional levels in school facilities will be according to plans 8 developed by the Superintendent and approved by the Board. 9 10

Instructional programs will be coordinated between each grade. 11 12

A student will be assigned to an instructional group or to a classroom which will best serve the 13 needs of that individual while still considering the rights and needs of other students. Factors to 14 be considered in classroom assignments are class size, peer relations, student/teacher relations, 15 instructional style of individual teachers, and any other variables that will affect the performance 16 of the student. 17 18

Criteria for grouping will be based on learning goals and objectives addressed and the student’s 19 ability to achieve those purposes. 20 21 22 23

Legal Reference: § 20-6-501, MCA Definition of various schools 24 25

Policy History: 26 Adopted on: 02/03 27 Reviewed on: 28 Revised on: 12/18/2013 29

Continuous Progress Education 7 8

The Board acknowledges its responsibility to develop and implement a curriculum designed to 9 provide for sequential intellectual and skill development necessary for students to progress on a 10 continuous basis from elementary through secondary school. 11 12

The Superintendent is directed to develop instructional programs which will enable each student 13 to learn at the student’s best rate. The instructional program will strive to provide for: 14 15

1. Placement of a student at the student’s functional level; 16 17

2. Learning materials and methods of instruction considered to be most appropriate to the 18 student’s learning style; and 19 20

3. Evaluation to determine if the desired student outcomes have been achieved. 21 22

Each year, the Superintendent will determine the degree to which such instructional programs are 23 being developed and implemented. Accomplishment reports submitted annually will provide the 24 Board with the necessary information to make future program improvement decisions. 25 26 27 28

Policy History: 29 Adopted on: 11/11/03 30 Reviewed on: 12/18/2013 31 Revised on: 04/15/2014 32

The Board is responsible for curriculum adoption and must approve all significant changes, including the 7 adoption of new textbooks and new courses, before such changes are made. The Superintendent is 8 responsible for making curriculum recommendations. The District shall ensure their curriculum is 9 aligned to all content standards and the appropriate learning progression for each grade level. 10 11

A written sequential curriculum will be developed for each subject area. The curricula will address 12 learner goals, content and program area performance standards, and District education goals and will be 13 constructed to include such parts of education as content, skills, and thinking. The District shall review 14 curricula at least every five (5) years or consistent with the state’s standards revision schedule, and 15 modify, as needed, to meet educational goals of the continuous school improvement plan pursuant to 16 ARM 10.55.601. 17 18

The staff and administration will suggest materials and resources, to include supplies, books, materials, 19 and equipment necessary for development and implementation of the curriculum and assessment, which 20 are consistent with goals of the education program. 21 22

The District shall maintain their programs consistent with the state’s schedule for revising standards. 23 24

The District shall assess the progress of all students toward achieving content standards and content- 25 specific grade-level learning progressions in each program area. The District will shall use assessment 26 results, including state-level achievement information obtained by administration of assessments pursuant 27 to ARM 10.56.101 to examine the educational program and measure its effectiveness. The District shall 28 use appropriate multiple measures and methods, including state-level achievement information obtained 29 by administration of assessments pursuant to the requirements of ARM 10.56.101, to assess student 30 progress in achieving content standards and content-specific grade-level learning progressions in all 31 program areas. The examination of program effectiveness using assessment results shall be supplemented 32 with information about graduates and other students no longer n attendance. 33 34 35

Cross Reference: 2000 Goals 36 2110 Objectives 37 38

Legal Reference: § 20-3-324, MCA Powers and duties 39 § 20-4-402, MCA Duties of district superintendent or county high school 40 principal 41 § 20-7-602, MCA Textbook selection and adoption 42 10.55.603, ARM Curriculum and Assessment 43 44

Policy History: 45 Adopted on: 02/03 46 Reviewed on: 12/18/2013 47 Revised on: 04/15/2014 48

Program Evaluation and Diagnostic Tests

The Board strives for efficiency and effectiveness in all facets of its operations. To achieve this 7 goal, the Board will set forth: 8 9

1. A clear statement of expectations and purposes for the District instructional program; 10 11

2. A provision for staff, resources, and support to achieve stated expectations and purposes; 12 and 13 14

3. A plan for evaluating instructional programs and services to determine how well 15 expectations and purposes are being met. 16 17

Parents who wish to examine any assessment materials may do so by contacting the 18 Superintendent. Parental approval is necessary before administering an individual intelligence 19 test or a diagnostic personality test. No tests or measurement devices which include questions 20 about a student’s or the student’s family’s personal beliefs and practices in family life, morality, 21 and religion will be administered, unless the parent gives written permission for the student to 22 take such test, questionnaire, or examination. 23 24 25 26

Legal Reference: 20 U.S.C. § 1232h Protection of pupil rights 27 10.55.603, ARM Curriculum and Assessment 28 10.56.101, ARM Student Assessment 29 30

Policy History: 31 Adopted on: 02/03 32 Reviewed on: 12/18/2013 33 Revised on: 34

Student and Family Privacy Rights 5 6

Surveys - General 7 8

All surveys requesting personal information from students, as well as any other instrument used 9 to collect personal information from students, must advance or relate to the District’s educational 10 objectives as identified in Board Policy. This applies to all surveys, regardless of whether the 11 student answering the questions can be identified and regardless of who created the survey. 12 13

14 15

Surveys Created by a Third Party

Before the District administers or distributes a survey created by a third party to a student, the 16 student’s parent(s)/guardian(s) may inspect the survey upon request and within a reasonable time 17 of their request. 18 19

This section applies to every survey: (1) that is created by a person or entity other than a District 20 official, staff member, or student, (2) regardless of whether the student answering the questions 21 can be identified, and (3) regardless of the subject matter of the questions. 22 23

Surveys Requesting Personal Information 24 25

School officials and staff members shall not request, nor disclose, the identity of any student who 26 completes ANY survey containing one (1) or more of the following items: 27 28

1. Political affiliations or beliefs of the student or the student’s parent/guardian; 29 2. Mental or psychological problems of the student or the student’s family; 30 3. Behavior or attitudes about sex; 31 4. Illegal, antisocial, self-incriminating, or demeaning behavior; 32 5. Critical appraisals of other individuals with whom students have close family 33 relationships; 34

6. Legally recognized privileged or analogous relationships, such as those with lawyers, 35 physicians, and ministers; 36

7. Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian; 37 8. Income (other than that required by law to determine eligibility for participation in a 38 program or for receiving financial assistance under such program). 39 40

The student’s parent(s)/guardian(s) may: 41 42

1. Inspect the survey within a reasonable time of the request; and/or 43

2. Refuse to allow their child to participate in any survey requesting personal information. 44 The school shall not penalize any student whose parent(s)/guardian(s) exercise this 45 option. 46

Instructional Material 4 5

A student’s parent(s)/guardian(s) may, within a reasonable time of the request, inspect any 6 instructional material used as part of their child’s educational curriculum. 7 8

The term “instructional material,” for purposes of this policy, means instructional content that is 9 provided to a student, regardless of its format, printed or representational materials, audio-visual 10 materials, and materials in electronic or digital formats (such as materials accessible through the 11 Internet). The term does not include academic tests or academic assessments. 12 13

14 15

Collection of Personal Information From Students for Marketing Prohibited

The term “personal information,” for purposes of this section only, means individually 16 identifiable information including: (1) a student’s or parent’s first and last name, (2) a home or 17 other physical address (including street name and the name of the city or town), (3) telephone 18 number, or (4) a Social Security identification number. 19 20

The District will not collect, disclose, or use student personal information for the purpose of 21 marketing or selling that information or otherwise providing that information to others for that 22 purpose. 23 24

The District, however, is not prohibited from collecting, disclosing, or using personal 25 information collected from students for the exclusive purpose of developing, evaluating, or 26 providing educational products or services for, or to, students or educational institutions such as 27 the following: 28 29

1. College or other post-secondary education recruitment or military recruitment; 30

2. Book clubs, magazines, and programs providing access to low-cost literary products; 31

3. Curriculum and instructional materials used by elementary schools and secondary 32 schools; 33

4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or 34 achievement information about students (or to generate other statistically useful data for 35 the purpose of securing such tests and assessments) and the subsequent analysis and 36 public release of the aggregate data from such tests and assessments; 37

5. The sale by students of products or services to raise funds for school-related or education- 38 related activities; 39

6. Student recognition programs. 40 41

Notification of Rights and Procedures 42 43

The Superintendent or designee shall notify students’ parents/guardians of: 44 45

1. This policy as well as its availability from the administration office upon request; 46

2. How to opt their child out of participation in activities as provided in this policy; 4

3. The approximate dates during the school year when a survey requesting personal 5 information, as described above, is scheduled or expected to be scheduled; 6

4. How to request access to any survey or other material described in this policy. 7 8

This notification shall be given parents/guardians at least annually at the beginning of the school 9 year and within a reasonable period after any substantive change in this policy. 10 11

The rights provided to parents/guardians in this policy transfer to the student, when the student 12 turns eighteen (18) years of age or is an emancipated minor. 13 14

NOTE: This policy must be adopted in consultation with parents. 20 U.S.C. § 1232h(c)(1). 15 Therefore, MTSBA recommends that, at a minimum, Boards specifically note this on their 16 meeting agendas and request public comment prior to adoption. 17 18 19 20

Cross Reference: 2311 Instructional Materials 21 3200 Student Rights and Responsibilities 22 3410 Student Health/Physical Screenings/Examinations 23 24

Legal Reference: 20 U.S.C. 1232h Protection of Pupil Rights 25 26

Policy History: 27 Adopted on: 04/19/11 28 Reviewed on: 12/18/2013 29 Revised on: 30

Guidance and Counseling 5 6

The District recognizes that guidance and counseling are an important part of the total program of 7 instruction and should be provided in accordance with state laws and regulations, District policies and 8 procedures, and available staff and program support. 9 10

The general goal of this program is to help students achieve the greatest personal value from their 11 educational opportunities. Such a program should: 12 13

1. Provide staff with meaningful information which can be utilized to improve educational services 14 offered to individual students. 15 16

2. Provide students with planned opportunities to develop future career and educational plans. 17 18

3. Refer students with special needs to appropriate specialists and agencies. 19 20

4. Aid students in identifying options and making choices about their educational program. 21 22

5. Assist teachers and administrators in meeting academic, social, and emotional needs of students. 23 24

6. Provide for a follow-up of students who further their education and/or move into the world of 25 work. 26 27

7. Solicit feedback from students, staff, and parents, for purposes of program improvement. 28 29

8. Assist students in developing a sense of belonging and self-respect. 30 31

9. Have information available about nicotine addiction services and referrals to tobacco cessation 32 programs to students and staff. 33 34

All staff will encourage students to explore and develop their individual interests in career and vocational- 35 technical programs and employment opportunities, without regard to gender, race, marital status, national 36 origin, or handicapping conditions, including reasonable efforts in encouraging students to consider and 37 explore “nontraditional” occupations. 38 39

Legal Reference § 49-3-203, MCA Educational, counseling, and training programs 40 10.55.710, ARM Assignment of School Counseling Staff 41 10.55.802, ARM Opportunity and Educational Equity 42 43

Policy History: 44 Adopted on: 05/11 45 Reviewed on: 12/18/2013 46 Revised on: 47

Helena Flats School District

Adopted on: 01/21/20

Reviewed on: 4

2150 - R

INSTRUCTION Revised on: 5 6 7

Suicide Awareness and Prevention 8 9

Professional Development 10

The District will provide professional development on youth suicide awareness and prevention to each 11 employee of the district who work directly with any students enrolled in the school district. The training 12 materials will be approved by the Office of Public Instruction (OPI). 13 14

The District will provide at least two (2) hours of youth suicide and prevention training. The District will 15 provide, at a minimum, two (2) hours of youth suicide awareness and prevention training every five (5) 16 years thereafter. All new employees who work directly with any student enrolled in the school district 17 will be provided training the first year of employment. 18 19

Youth suicide and prevention training may include: 20 21

A. In-person attendance at a live training; 22 B. Videoconference; 23

C. An individual program of study of designated materials; 24

D. Self-review modules available online; and 25

E. Any other method chosen by the local school board that is consistent with professional 26 development standards. 27 28

29

Prevention and Response

The Board authorizes the Administration and appropriate District staff to develop procedures to address 30 matters related to suicide prevention and response that: 31 32

A. Promote collaboration with families and with community providers in all aspects of suicide 33 prevention and response; 34

B. Include high quality intervention services for students; 35

C. Promote interagency cooperation that enables school personnel to identify and access appropriate 36 community resources for use in times of crisis; 37

D. Include reintegration of youth into a school following a crisis, hospitalization, or residential 38 treatment; 39

E. Provide for leadership, planning, and support for students and school personnel to ensure 40 appropriate responses to attempted or completed suicides. 41 42

No cause of action may be brought for any loss or damage caused by any act or admission resulting from 43 the implementation of the provisions of this policy or resulting from any training, or lack of training, 44 related to this policy. Nothing in this policy shall be construed to impose a specific duty of care. 45 46

This policy will be reviewed by the Board of Trustees on a regular basis. 47

Legal Reference: § 20-7-1310, MCA Youth suicide awareness and prevention training 48 ARM 10.55.720 Suicide Prevention and Response 49

HELENA FLATS SCHOOL DISTRICT SCHOOL ATHLETICS INFORMED CONSENT AND INSURANCE VERIFICATION FORM

Extracurricular activities may include physical contact and physical exertion. There is an inherent risk of injury in the activity. By signing this agreement, I acknowledge that the School District staff try to prevent accidents. I agree to accept responsibility for my student’s participation in the school activities. The activity is strictly voluntary.

I, the undersigned, hereby acknowledge and understand that, regardless of all feasible safety mea sures that may be taken by the School District, participation in this event entails certain inherent risks. I certify that my student is physically fit and medically able to participate or have noted an applicable physical or medical diagnosis at the bottom of this form. I further certify that my student will honor all instructions of district staff and failure to honor instructions may result on dismissal from the activity. I have been informed of these risks, understand them, and feel that the benefits of participation outweigh the risks involved. My signature below gives my child permission to participate in a School Activity.

I authorize qualified emergency medical professionals to examine and in the event of injury or serious illness, administer emergency care to my student. I understand every effort will be made to contact the family or contact person noted below to explain the nature of the problem prior to any involved treatment. In the event it becomes necessary for the district staff in charge to obtain emergency care for my student, I understand that neither the district employee in charge of the activity nor the school district assumes financial liability for expenses incurred because of an accident, injury, illness and/or unforeseen circumstances.

The School District DOES NOT provide medical insurance benefits for students who choose to participate in activities programs. Parents or guardians may request information from the school district regarding medical insurance for students. If parents or guardians have their own insurance coverage during the student’s participation, that coverage information is provided below Or parents may notify the School District that they do not have medical insurance. ____ I have personal medical insurance to cover the student’s participation: INSURANCE (Company Name)

Policy #

I do not have personal medical insurance to cover the student’s participation and understand that the School District does not provide medical insurance to cover the students. I understand I will be responsible for any medical costs associated with the student’s participation. Signature Required Regardless of Insurance Coverage: Student Athlete

The Board of Trustees believes that engaging parents/families in the education process is 8 essential to improved academic success for students. The Board recognizes that a student's 9 education is a responsibility shared by the district, parents, families and other members of the 10 community during the entire time a student attends school. The Board believes that the district 11 must create an environment that is conducive to learning and that strong, comprehensive 12 parent/family involvement is an important component. Parent/Family involvement in education 13 requires a cooperative effort with roles for the Office of Public Instruction (OPI), the district, 14 parents/families and the community. 15 16

17 18

Parent/Family Involvement Goals and Plan

The Board of Trustees recognizes the importance of eliminating barriers that impede 19 parent/family involvement, thereby facilitating an environment that encourages collaboration 20 with parents, families and other members of the community. Therefore, the district will develop 21 and implement a plan to facilitate parent/family involvement that shall include the following six 22 (6) goals: 23 24

1. Promote families to actively participate in the life of the school and feel welcomed, 25 valued, and connected to each other, to school staff, and to what students are learning and 26 doing in class; 27 28

2. Promote families and school staff to engage in regular, two-way meaningful 29 communication about student learning; 30 31

3. Promote families and school staff to continuously collaborate to support student learning 32 and healthy development both at home and at school and have regular opportunities to 33 strengthen their knowledge and skills to do so effectively; 34 35

4. Empower parents to be advocates for their own and other children, to ensure that students 36 are treated equitably and have access to learning opportunities that will support their 37 success; 38 39

5. Encourage families and school staff to be partners in decisions that affect children and 40 families and together inform, influence, and create policies, practices, and programs; and 41 42

6. Encourage families and school staff to collaborate with members of the community to 43 connect students, families, and staff to expand learning opportunities, community 44 services, and civic participation. 45 46

The district's plan for meeting these goals is to: 4 5

1. Provide activities that will educate parents regarding the intellectual and developmental 6 needs of their children at all age levels. This will include promoting cooperation between 7 the district and other agencies or school/community groups (such as parent-teacher 8 groups, Head Start, , etc.) to furnish learning opportunities and disseminate information 9 regarding parenting skills and child/adolescent development. 10 11

2. Implement strategies to involve parents/families in the educational process, including: 12 13 14

< Keeping parents/families informed of opportunities for involvement and 15 encouraging participation in various programs. 16 17

< Providing access to educational resources for parents/families to use together with 18 their children. 19 20

< Keeping parents/families informed of the objectives of district educational 21 programs as well as of their child's participation and progress within these 22 programs. 23 24

3. Enable families to participate in the education of their children through a variety of roles. 25 For example, parents/family members should be given opportunities to provide input into 26 district policies and volunteer time within the classrooms and school programs. 27 28

4. Provide professional development opportunities for teachers and staff to enhance their 29 understanding of effective parent/family involvement strategies. 30 31

5. Perform regular evaluations of parent/family involvement at each school and at the 32 district level. 33 34

6. Provide access, upon request, to any instructional material used as part of the educational 35 curriculum. 36 37

7. If practical, provide information in a language understandable to parents. 38 39 40

Legal Reference: 10.55.701(m), ARM Board of Trustees 41 42 Policy History: 43 Adopted on: 04/15/2014 44 Reviewed on: 45 Revised on: 46

Helena Flats School District

Title I Parent and Family Engagement 5 6

The District endorses the parent and family engagement goals of Title I and encourages the 7 regular participation of parents and family members (including parents and families of migrant 8 students if applicable) of Title I eligible children in all aspects of the program to establish the 9 agency’s expectations and objectives for meaningful parent and family involvement. The 10 education of children is viewed as a cooperative effort among the parents, family members, 11 school, and community. In this policy the word “parent” also includes guardians and other 12 family members involved in supervising the child’s schools. 13 14

Pursuant to federal law the District will develop jointly with, agree upon with, and distribute to 15 parents of children participating in the Title I program a written parent and family engagement 16 policy. This may include meaningful consultation with employers, business leaders, and 17 philanthropic organizations, or individuals with expertise in effectively engaging parents and 18 family members in education. 19 20

At the required annual meeting of Title I parents and family members (including parents and 21 families of migrant students if applicable), parents and family members will have opportunities 22 to participate in the design, development, operation, and evaluation of the program for the next 23 school year. Proposed activities to fulfill the requirements necessary to address the requirements 24 of family engagement goals shall be presented. 25 26

In addition to the required annual meeting, at least three (3) additional meetings shall be held at 27 various times of the day and/or evening for parents and family members of children (including 28 parents and families of migrant children if applicable) participating in the Title I program. These 29 meetings shall be used to provide parents with: 30 31

1. Information about programs provided under Title I; 32 33

2. A description and explanation of the curriculum in use, the forms of academic assessment 34 used to measure student progress, and the proficiency levels students are expected to 35 meet; 36 37

3. Opportunities to formulate suggestions and to participate, as appropriate, in decisions 38 relating to the education of their children; and 39 40

4. The opportunity to bring parent comments, if they are dissatisfied with the school’s Title 41 I program, to the District level. 42 43

Title I funding, if sufficient, may be used to facilitate parent attendance at meetings, through 44 payment of transportation and childcare costs. 45 46

The parents and family members of children (including parents and families of migrant children 4 if applicable) identified to participate in Title I programs shall receive from the school principal 5 and Title I staff an explanation of the reasons supporting each child’s selection for the program, a 6 set of objectives to be addressed, and a description of the services to be provided. Opportunities 7 will be provided for the parents and family members to meet with the classroom and Title I 8 teachers to discuss their child’s progress. Parents will also receive guidance as to how they can 9 assist at home in the education of their children. 10 11

Each school in the District receiving Title I funds shall develop jointly with parents and family 12 members of children served in the program a “School-Parent Compact” outlining the manner in 13 which parents, school staff, and students share the responsibility for improved student academic 14 achievement in meeting state standards. The “School-Parent Compact” shall: 15 16

1. Describe the school’s responsibility to provide high quality curriculum and instruction in 17 a supportive and effective learning environment enabling children in the Title I program 18 to meet the state’s academic achievement standards; 19 20

2. Indicate the ways in which each parent will be responsible for supporting their child’s 21 learning, such as monitoring attendance, homework completion, and television watching; 22 volunteering in the classroom; and participating, as appropriate, in decisions related to 23 their child’s education and positive use of extracurricular time; and 24 25

3. Address the importance of parent-teacher communication on an ongoing basis with, at a 26 minimum, parent-teacher conferences, frequent reports to parents, and reasonable access 27 to staff. 28 29

The activities authorized under this policy may include establishing a parent advisory board 30 comprised of a sufficient number and representative group of parents or family members served 31 by the district to adequately represent the needs of the population served by the district for the 32 purposes of developing, revising, and reviewing the parent and family engagement policy. 33 34

NOTE: Districts with more than one (1) school participating in a Title I program may wish to 35 consider the establishment of a district-wide parent advisory council. 36 37

Legal Reference: Title I of the Elementary and Secondary Education Act 38 20 U.S.C. §§ 6301-6514 39 § 1116 Every Student Succeeds Act 40 41 42

Policy History: 43

Adopted on: 04/19/11 44

Reviewed on: 45 Revised on: 12/18/13, 06/18/19 46

Title I Parent Involvement

In order to achieve the level of Title I parent involvement desired by District policy on this topic, 8 these procedures guide the development of each school’s annual plan designed to foster a cooperative 9 effort among parents, school, and community. 10 11

Guidelines 12 13

Parent involvement activities developed at each school will include opportunities for: 14 15

• Volunteering; 16

• Parent education; 17

• Home support for the child’s education; 18

• Parent participation in school decision making. 19 20

The school system will provide opportunities for professional development and resources for staff 21 and parents/community regarding effective parent involvement practices. 22 23

Roles and Responsibilities 24 25

Parents 26 27

It is the responsibility of the parent to: 28

• Actively communicate with school staff; 29

• Be aware of rules and regulations of school; 30

• Take an active role in the child’s education by reinforcing at home the skills and knowledge 31 the student has learned in school; 32

• Utilize opportunities for participation in school activities. 33 34

Staff 35 36

It is the responsibility of staff to: 37

• Develop and implement a school plan for parent involvement; 38

• Promote and encourage parent involvement activities; 39

• Effectively and actively communicate with all parents about skills, knowledge, and attributes 40 students are learning in school and suggestions for reinforcement; 41

• Send information to parents of Title I children (including parents of migrant children if 42 applicable) in a format and, to the extent practicable, in a language the parents can 43 understand. 44 45 46 47 48

Community 4 5

Community members who volunteer in the schools have the responsibility to: 6

• Be aware of rules and regulations of the school; 7

• Utilize opportunities for participation in school activities. 8 9

Administration 10 11

It is the responsibility of the administration to: 12

• Facilitate and implement the Title I Parent Involvement Policy and Plan; 13

• Provide training and space for parent involvement activities; 14

• Provide resources to support successful parent involvement practices; 15

• Provide in-service education to staff regarding the value and use of contributions of parents 16 and how to communicate and work with parents as equal partners; 17

• Send information to parents of Title I children (including parents of migrant children if 18 applicable) in a format and, to the extent practicable, in a language the parents can 19 understand. 20 21

Procedure History: 22

Promulgated on: 04/19/11 23 Reviewed on: 12/18/2013 24 Revised on: 25

The District will provide a free appropriate public education and necessary related services to all 7 children with disabilities residing within the District, as required under the Individuals with 8 Disabilities Education Act (IDEA), provisions of Montana law, and the Americans with 9 Disabilities Act. 10 11

For students eligible for services under IDEA, the District will follow procedures for 12 identification, evaluation, placement, and delivery of service to children with disabilities, as 13 provided in the current Montana State Plan under Part B of IDEA 14 15

The District may maintain membership in one or more cooperative associations which may assist 16 in fulfilling the District’s obligations to its disabled students. 17 18 19 20

Legal Reference: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. 21 Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. 22 § 20-7-Part Four, MCA Special Education for Exceptional Children 23 24

Policy History: 25 Adopted on: 04/19/11 26 Reviewed on: 12/18/2013 27 Revised on: 28

Child Find

The District shall be responsible for the coordination and management of locating, identifying, 9 and evaluating all disabled children ages zero (-0-) through twenty-one (21). Appropriate staff 10 will design the District’s Child Find plan in compliance with all state and federal requirements 11 and with assistance from special education personnel who are delegated responsibility for 12 implementing the plan. 13 14

The District’s plan will contain procedures for identifying suspected disabled students in private 15 schools as identified in 34 C.F.R. 530.130 and 530.131(f), students who are home schooled, 16 homeless children, as well as public facilities located within the geographic boundaries of the 17 District. These procedures shall include screening and development criteria for further 18 assessment. The plan must include locating, identifying, and evaluating highly mobile children 19 with disabilities and children who are suspected of being a child with a disability and in need of 20 special education, even though the child is and has been advancing from grade to grade. The 21 District’s Child Find Plan must set forth the following: 22 23

1. Procedures used to annually inform the public of all child find activities, for children zero 24 through twenty-one; 25

2. Identity of the special education coordinator; 26

3. Procedures used for collecting, maintaining, and reporting data on child identification; 27

4. Procedures for Child Find Activities (including audiological, health, speech/language, 28 and visual screening and review of data or records for students who have been or are 29 being considered for retention, delayed admittance, long-term suspension or expulsion or 30 waiver of learner outcomes) in each of the following age groups: 31

A. Infants and Toddlers (Birth through Age 2) 32 Procedures for referral of infants and toddlers to the appropriate early intervention 33 agency, or procedures for conducting child find. 34

B. Preschool (Ages 3 through 5) 35

Part C Transition planning conferences; frequency and location of screenings; 36 coordination with other agencies; follow-up procedures for referral and 37 evaluation; and procedures for responding to individual referrals. 38

C. In-School (Ages 6 through 18) 39 Referral procedures, including teacher assistance teams, parent referrals, and 40 referrals from other sources; and follow-up procedures for referral and evaluation. 41

D. Post-School (Ages 19 through 21) 42

Individuals who have not graduated from high school with a regular diploma and 43 who were not previously identified. Describe coordination efforts with other 44 agencies. 45 46

E. Private Schools (This includes home schools.) 4 Child find procedures addressing the provisions of A.R.M. 10.16.3125(1); follow- 5 up procedures for referral and evaluation. 6

F. Homeless Children 7

G. Dyslexia 8

The School District shall establish procedures to ensure that all resident children 9 with disabilities, including specific learning disabilities resulting from dyslexia, 10 are identified and evaluated for special education and related services as early as 11 possible. The screening instrument must be administered to: 12

(A) a child in the first year that the child is admitted to a school of the 13 district up to grade 2; and 14 (B) a child who has not been previously screened by the district and who 15 fails to meet grade-level reading benchmarks in any grade; 16 17

The screening instrument shall be administered by an individual with an 18 understanding of, and training to identify, signs of dyslexia designed to assess 19 developmentally appropriate phonological and phonemic awareness skills. 20 21

If a screening suggests that a child may have dyslexia or a medical professional 22 diagnosis a child with dyslexia, the child's school district shall take steps to 23 identify the specific needs of the child and implement best practice interventions 24 to address those needs. This process may lead to consideration of the child's 25 qualification as a child with a disability under this policy. 26 27

Procedures for Evaluation and Determination of Eligibility 28 29

Procedures for evaluation and determination of eligibility for special education and related 30 services are conducted in accordance with the procedures and requirements of 34 C.F.R. 31 300.301-300.311 and the following state administrative rules: 32 33

10.16.3320 - Referral; 34 10.60.103 - Identification of Children with Disabilities; 35 10.16.3321 - Comprehensive Educational Evaluation Process; 36 37

Procedural Safeguards and Parental Notification 38 39

The District implements the procedural safeguard procedures as identified in 34 C.F.R. 300.500 - 40 300.530. 41 42

A copy of the procedural safeguards available to the parents of a child with a disability must be 43 given to the parents only one (1) time a school year, except that a copy also must be given to the 44 parents: 45 46

• Upon initial referral or parent request for evaluation; 1

• Upon receipt of the first state complaint under 34 CFR 300.151 through 300.153 and 2 upon receipt of the first due process complaint under 34 CFR 300.507 in a school year; 3

• In accordance with the discipline procedures in 34 CFR 300.530(h) (…on the date on 4 which the decision is made to make a removal that constitutes a change of placement of a 5 child with a disability because of a violation of a code of student conduct, the LEA 6 must…provide the parents the procedural safeguards notice); and 7

• Upon request by a parent. 8 9

A public agency also may place a current copy of the procedural safeguard notice on its internet 10 website, if a website exists. [34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)] 11 12

The referral for special education consideration may be initiated from any source, including 13 school personnel. To initiate the process, an official referral form must be completed and signed 14 by the person making the referral. The District shall accommodate a parent who cannot speak 15 English and therefore cannot complete the District referral form. Recognizing that the referral 16 form is a legal document, District personnel with knowledge of the referral shall bring the 17 referral promptly to the attention of the Evaluation Team. 18 19

The District shall give written notice to the parent of its recommendation to evaluate or not to 20 evaluate the student. The parent will be fully informed concerning the reasons for which the 21 consent to evaluate is sought. Written parental consent will be obtained before conducting the 22 initial evaluation or before reevaluating the student. 23 24

The recommendation to conduct an initial evaluation or reevaluation shall be presented to the 25 parents in their native language or another mode of communication appropriate to the parent. An 26 explanation of all the procedural safeguards shall be made available to the parents when their 27 consent for evaluation is sought. These safeguards will include a statement of the parents’ rights 28 relative to granting the consent. 29 30

31 32

Evaluation of Eligibility

Evaluation of eligibility for special education services will be consistent with the requirements of 33 34 C.F.R. 300.301 through 300.311 regarding Procedures for Evaluation and Determination of 34 Eligibility; and shall also comply with A.R.M. 10.16.3321. 35 36

Individualized Education Programs

The District develops, implements, reviews, and revises individualized education programs (IEP) 39 in accordance with the requirements and procedures of 34 C.F.R. 300.320-300.328 40 41

Least Restrictive Environment 42 43

To the maximum extent appropriate, children with disabilities, including children in public or 44 private institutions or other care facilities, are educated with children who are nondisabled, and 45 special classes, separate schooling, or other removal of children with disabilities from the regular 46

class occurs only if the nature or severity of the disability is such that education in regular 1 classes, with the use of supplementary aids and services, cannot be achieved satisfactorily. 2 Educational placement decisions are made in accordance with A.R.M. 10.16.3340 and the 3 requirements of 34 C.F.R. 300.114 - 300.120, and a continuum of alternate placements is 4 available as required in 34 C.F.R. 300.551. 5 6

Children in Private Schools/Out-of District Placement 7 8

Children with a disability placed in or referred to a private school or facility by the District, or 9 other appropriate agency, shall receive special education and related services in accordance with 10 the requirements and procedures of 34 C.F.R. 300.145 through 300.147 and A.R.M. 10.16.3122. 11 12

As set forth under 34 C.F.R. 300.137, children with a disability placed in or referred to a private 13 school or facility by parents do not have an individual right to special education and related 14 services at the District’s expense. When services are provided to children with disabilities 15 placed by parents in private schools, the services will be in accordance with the requirements and 16 procedures of 34. C.F.R. 300.130 through 300.144, and 300.148. 17 18

Impartial Due Process Hearing 19 20

The District shall conduct the impartial hearing in compliance with the Montana Administrative 21 Rules on matters pertaining to special education controversies. 22 23

Special Education Records and Confidentiality of Personally Identifiable Information 24 25

26 27

A. Confidentiality of Information

The District follows the provisions under the Family Educational Rights and Privacy Act and 28 implements the procedures in 34 C.F.R. 300.610-300 627, § 20-1-213, MCA, and A.R.M. 29 10.16.3560. 30 31

B. Access Rights 32 33

Parents of disabled students and students eighteen (18) years or older, or their representative, 34 may review any educational records which are designated as student records collected, 35 maintained, and used by the District. Review shall normally occur within five (5) school days 36 and in no case longer than forty-five (45) days. Parents shall have the right to an explanation or 37 interpretation of information contained in the record. Non-custodial parents shall have the same 38 right of access as custodial parents, unless there is a legally binding document specifically 39 removing that right. 40 41

C. List of Types and Locations of Information. 42 43

A list of the records maintained on disabled students shall be available in the District office. 44 Disabled student records shall be located in the special education classroom, where they are 45 available for review by authorized District personnel, parents, and adult students. Special 46

education teachers will maintain an IEP file in their classrooms. These records will be 1 maintained under the direct supervision of the teacher and will be located in a locked file cabinet. 2 A record-of-access sheet in each special education file will specify the District personnel who 3 have a legitimate interest in viewing these records. 4 5

D. Safeguards

The District will identify in writing the employees who have access to personally identifiable 8 information, and provide training on an annual basis to those staff members. 9 10 11

E. Destruction of Information

The District will inform parents five (5) years after the termination of special education services 14 that personally identifiable information is no longer needed for program purposes. Medicad 15 reimbursement records must be retained for a period of at least six years and three months from 16 the date on which the service was rendered or until any dispute or litigation concerning the 17 services is resolved, whichever is later. The parent will be advised that such information may be 18 important to establish eligibility for certain adult benefits. At the parent’s request, the record 19 information shall either be destroyed or made available to the parent or to the student if eighteen 20 (18) years or older. Reasonable effort shall be made to provide the parent with notification sixty 21 (60) days prior to taking any action on destruction of records. Unless consent has been received 22 from the parent to destroy the record, confidential information will be retained for five (5) years 23 beyond legal school age. 24 25

26 27

F. Children’s Rights

Privacy rights shall be transferred from the parent to an adult student at the time the student 28 attains eighteen (18) years of age, unless some form of legal guardianship has been designated 29 due to the severity of the disabling condition. 30 31

Discipline 32 33

Students with disabilities may be suspended from school the same as students without disabilities 34 for the same infractions or violations for up to ten (10) consecutive school days. Students with 35 disabilities may be suspended for additional periods of not longer than ten (10) consecutive 36 school days for separate, unrelated incidents, so long as such removals do not constitute a change 37 in the student’s educational placement. However, for any additional days of removal over and 38 above ten (10) school days in the same school year, the District will provide educational services 39 to a disabled student, which will be determined in consultation with at least one (1) of the child’s 40 teachers, determining the location in which services will be provided. The District will 41 implement the disciplinary procedures in accord with the requirements of CFR 300.530-300.537. 42 43 44 45

Legal Reference: 34 CFR 300.1, et seq. Individuals with Disabilities Act (IDEA) 46

§ 20-1-213, MCA Transfer of school records 1 10.16.3122 ARM Local Educational Agency Responsibility for 2 Students with Disabilities 3

10.16.3220 ARM Program Narrative 4 10.16.3321 ARM Comprehensive Educational Evaluation Process 5 10.16.3340 ARM Individualized Education Program and Placement 6 Decisions 7

10.16.3560 ARM Special Education Records 8 10.60.103 ARM Identification of Children with Disabilities 9 37.85.414 ARM Maintenance of Records and Auditing (Medicaid) 10 Chapter 227 (2019) Montana Dyslexia Screening and Intervention Act 11 12 13

Procedure History: 14

Promulgated on: 04/19/11 15 Reviewed on: 16 Revised on: 12/18/2013, 01/21/20 17

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 5 6

It is the intent of the District to ensure that students who are disabled within the definition of 7 Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with 8 appropriate educational services. For those students who need or are believed to need special 9 instruction and/or related services under Section 504 of the Rehabilitation Act of 1973, the 10 District shall establish and implement a system of procedural safeguards. The safeguards shall 11 cover students’ identification, evaluation, and educational placement. This system shall include: 12 notice, an opportunity for the student’s parent or legal guardian to examine relevant records, an 13 impartial hearing with opportunity for participation by the student’s parent or legal guardian, and 14 a review procedure. 15 16 17 18

Legal Reference: Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794 19 ADA Amendments Act of 2008 20 34 C.F.R. §104.1 et seq. Purpose 21 34 C.F.R. §104.35 Evaluation and Placement 22 34 C.F.R. §104.36 Procedural safeguards 23 24

Policy History: 25 Adopted on: 04/19/11 26 Reviewed on: 12/18/2013 27 Revised on: 28

Helena Flats School District

INSTRUCTION 2162P 3 page 1 of 2 4

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 5 6

(1) Impartial Due Process Hearing. If the parent or legal guardian of a student who qualifies 7 under Section 504 for special instruction or related services disagrees with a decision of 8 the District with respect to: (1) the identification of the child as qualifying for Section 9 504; (2) the District’s evaluation of the child; and/or (3) the educational placement of the 10 child, the parents of the student are entitled to certain procedural safeguards. The student 11 shall remain in his/her current placement until the matter has been resolved through the 12 process set forth herein. 13 14

A. The District shall provide written notice to the parent or legal guardian of a 15 Section 504 student, prior to initiating an evaluation of the child and/or 16 determining the appropriate educational placement of the child, including special 17 instruction and/or related services; 18 19

B. Upon request, the parent or legal guardian of the student shall be allowed to 20 examine all relevant records relating to the child’s education and the District’s 21 identification, evaluation, and/or placement decision; 22 23

C. The parent or legal guardian of the student may make a request in writing for an 24 impartial due process hearing. The written request for an impartial due process 25 hearing shall identify with specificity the areas in which the parent or legal 26 guardian is in disagreement with the District; 27 28

D. Upon receipt of a written request for an impartial due process hearing, a copy of 29 the written request shall be forwarded to all interested parties within three (3) 30 business days; 31 32

E. Within ten (10) days of receipt of a written request for an impartial due process 33 hearing, the District shall select and appoint an impartial hearing officer who has 34 no professional or personal interest in the matter. In that regard, the District may 35 select a hearing officer from the list of special education hearing examiners 36 available at the Office of Public Instruction, the county superintendent, or any 37 other person who would conduct the hearing in an impartial and fair manner; 38 39

F. Once the District has selected an impartial hearing officer, the District shall 40 provide the parent or legal guardian and all other interested parties with notice of 41 the person selected; 42 43

G. Within five (5) days of the District’s selection of a hearing officer, a prehearing 44 conference shall be scheduled to set a date and time for a hearing, identify the 45 issues to be heard, and stipulate to undisputed facts to narrow the contested 46

factual issues; 4 5

H. The hearing officer shall, in writing, notify all parties of the date, time, and 6 location of the due process hearing; 7 8

I. Anytime prior to the hearing, the parties may mutually agree to submit the matter 9 to mediation. A mediator may be selected from the Office of Public Instruction’s 10 list of trained mediators; 11 12

J. At the hearing, the District and the parent or legal guardian may be represented by 13 counsel; 14 15

K. The hearing shall be conducted in an informal but orderly manner. Either party 16 may request that the hearing be recorded. Should either party request that the 17 hearing be recorded, it shall be recorded using either appropriate equipment or a 18 court reporter. The District shall be allowed to present its case first. Thereafter 19 the parent or legal guardian shall be allowed to present its case. Witnesses may 20 be called to testify, and documentary evidence may be admitted; however, 21 witnesses will not be subject to cross-examination, and the Montana Rules of 22 Evidence will not apply. The hearing officer shall make all decisions relating to 23 the relevancy of all evidence intended to be presented by the parties. Once all 24 evidence has been received, the hearing officer shall close the hearing. The 25 hearing officer may request that both parties submit proposed findings of fact, 26 conclusions, and decision; 27 28

L. Within twenty (20) days of the hearing, the hearing examiner should issue a 29 written report of his/her decision to the parties; 30 31

M. Appeals may be taken as provided by law. The parent or legal guardian may 32 contact the Office of Civil Rights, 912 2nd Avenue, Seattle, WA 98714-1099; 33 (206) 220-7900. 34 35

(2) Uniform Complaint Procedure. If a parent or legal guardian of the student alleges that 36 the District and/or any employee of the District has engaged in discrimination or 37 harassment of the student, the parent or legal guardian will be required to proceed 38 through the District’s Uniform Complaint Procedure. 39 40

Legal Reference: 34 C.F.R. 104.36 Procedural safeguards 41 42

Procedure History: 43 Promulgated on: 04/19/11 44 Reviewed on: 12/18/2013 45 Revised on: 46

Helena Flats School District

Adopted on: 8/9/16 Reviewed on: 2166 INSTRUCTION Revised on:

Gifted Program

To the extent possible with available resources, all gifted and talented students will have the opportunity to participate in appropriate educational programs. “Gifted and talented students” are students of outstanding abilities, who are capable of high performance and who require differentiated educational programs beyond those normally offered in public schools, in order to fully achieve their potential contribution to self and society.

The District shall:

• Provide educational services to gifted and talented students that are commensurate to their needs, and foster a positive self-image.

• Comply with all federal and state laws and regulations regarding addressing gifted education.

• Provide structured support and assistance to teachers in identifying and meeting the diverse student needs of gifted and talented students, and shall provide a framework for considering a full range of alternatives for addressing student needs.

The Superintendent will establish procedures consistent with state guidelines for nominating, assessing, and selecting children of demonstrated achievement, or potential ability in terms of general intellectual ability and academic aptitude.

Legal References: §§ 20-7-901 - 904, MCA Gifted and Talented Children 10.55.804, ARM Gifted and Talented

Helena

INSTRUCTION 2168 3 page 1 of 2 4

Distance, Online, and Technology-Delivered Learning 5 6

For purposes of this policy, “distance learning” is defined as: instruction in which students and 7 teachers are separated by time and/or location with synchronous or asynchronous content, 8 instruction, and communication between student and teacher (e.g., correspondence courses, 9 online learning, videoconferencing, streaming video). 10 11

The District may receive and/or provide distance, online, and technology-delivered learning 12 programs, provided the following requirements are met: 13 14

1. The distance, online, and technology-delivered learning programs and/or courses shall 15 meet the learner expectations adopted by the District and be aligned with state content 16 and performance standards; 17 18

2. The District shall provide a report to the Superintendent of Public Instruction, 19 documenting how it is meeting the needs of students under the accreditation standards, 20 who are taking a majority of courses during each grading period via distance, online, and/ 21 or technology-delivered programs; 22 23

3. The District will provide qualified instructors and/or facilitators as described in ARM 24 10.55.907(3)(a)(b)(c); 25 26

4. The District will ensure that the distance, online, and technology-delivered learning 27 facilitators receive in-service training on technology-delivered instruction as described in 28 ARM 10.55.907(3)(d); and 29 30

5. The District will comply with all other standards as described in ARM 10.55.907(4)(5)(a- 31 e). 32 33

The District will permit a student to enroll in an approved distance learning course, in order that 34 such student may include a greater variety of learning experiences within the student’s 35 educational program. 36 37

Credit for distance learning courses may be granted, provided the following requirements are 38 met: 39 40

1. Prior permission has been granted by the principal; 41 42

2. The program fits the education plan submitted by the regularly enrolled student; 43 44

3. The course does not replace a required course offered by the District; 45 46

4. The course is needed as credit retrieval and cannot fit into the student’s schedule; and 4 5

5. Credit is granted for schools and institutions approved by the District after evaluation for 6 a particular course offering. 7 8

The District will not be obligated to pay for a student’s distance learning courses. 9 10

The minimum aggregate hours are not required for any pupil demonstrating proficiency pursuant 11 to 20-9-311(4)(d), MCA. 12 13 14

Cross Reference: 2410 and 2410P High School Graduation Requirements 15 2100 School Calendar and Year 16 17

Legal Reference: § 20-9-311(4)(d), MCA Calculation of Average Number 18 Belonging 19

ARM 10.55.602 Definitions 20

ARM 10.55.705 Administrative Personnel; Assignment of School 21 Administrators/Principals 22

ARM 10.55.906 High School Credit 23 ARM 10.55.907 Distance, Online, and Technology Delivered 24 Learning 25 26

Policy History: 27 Adopted on: 04/11 28 Reviewed on: 12/18/13 29 Revised on: 06/18/19 30

Digital Academy Classes

The District recognizes that the District and students may have a need for greater flexibility in the 7 educational program due to funding, teacher availability, individual learning styles, health conditions, 8 employment responsibilities, lack of success in traditional school environments or a desire for students to 9 accelerate their learning and work at the college level before leaving high school. The District 10 acknowledges that online learning solutions offered by the Montana Digital Academy (MTDA) may 11 fulfill these needs. 12 13

MTDA is authorized by Montana law to charge fees for students to access offered courses. The District 14 shall pay fees for students enrolled in an MTDA class that is required for graduation as specified in 15 District policy or the student handbook or as determined by the Superintendent or designee. The District 16 may charge students a reasonable fee for an MTDA course or activity not required for graduation. The 17 Board of Trustees authorizes the Superintendent to waive the fee in cases of financial hardship. Any 18 courses the District does not pay for will not be included in the ANB calculation in accordance with 19 Policy 3121. 20 21

The Superintendent, and/or designees, shall be responsible for developing procedures for the online 22 learning program that address related topics that may include but are not limited to specification and 23 determination of graduation requirements and fee collection for classes that are not required. Further, the 24 online learning solutions providers ensure that: 25

A. Online course providers are accredited by a nationally recognized accreditation 26 program or agency or are approved and endorsed by the Montana Office of 27 Public Instruction. 28

B. Qualified district staff provides information and guidance to students and parents 29 regarding the selection of appropriate online courses to meet their needs, as well 30 as a suitable number of online courses in which a student may enroll. 31

C. The curriculum requirements of the state and school district are met. 32

D. All online courses taken by the students will be approved by the administration in 33 advance of enrollment. 34

E. All teacher-led online courses include licensed, highly qualified teachers. 35 36

Cross Reference: 2100 School Calendar and Day 37 2170P Digital Academy Procedures 38 3520 Student Fees and Fines 39 3121 Enrollment and Attendance 40 41

Legal Reference: §20-7-1201, MCA Montana digital academy – purposes - governance 42 §20-7-1202, MCA Funding – rulemaking authority 43

§20-9-213, MCA Fees 44

§ 20-9-311, MCA Calculation of average number belonging (ANB) 45 three-year averaging. 46

Policy History: 47

Adopted on: 6/21/22 48 Reviewed on: 49 Revised on: 50

Significant Writing Program

The Board of Trustees has determined that incorporating an independent significant writing 8 program in the District is not possible given the financial status of the district, the number of 9 staff employed, and the time available within the class schedule. Writing will be incorporated in 10 all aspects of the curriculum. 11 12

Legal References: 10.55.701(2) (p) ARM

Board of Trustees 13 10.55.713 (4) ARM Teacher Load and Class Size 14 15

Policy History: 16 Adopted on: 04/15/2014 17 Reviewed on: 18 Revised on: 19

Helena Flats School District

School Closure 5 6

The Superintendent may order closure of schools in the event of extreme weather or other 7 emergency, in compliance with established procedures for notifying parents, students, and staff. 8 9

If School District 5 is closed, or if there is an Emergency Travel Only restriction, Helena Flats 10 will be closed. 11 12

The trustees may order the emergency closure of schools for one (1) school day each year, 13 without the need to reschedule the lost pupil instruction time when the closure is the result of an 14 emergency. 15 16 17 18

Cross Reference: 8110 Bus Routes and Schedules 19 20

Legal Reference: §§ 20-9-801 - 802, MCA Emergency School Closure 21 §§ 20-9-806, MCA School closure by declaration of emergency 22 23

Policy History: 24 Adopted on: 07/05 25 Reviewed on: 12/18/2013 26 Revised on: 27

Summer School

The District summer program of instructional offerings will be for the purpose of remediation of 7 credit, maintenance of skills, and enrichment. All classes offered for credit must meet minimum 8 state requirements for accreditation. Remediation credit courses will be offered, grades 7-8, in 9 accordance with District advancement requirements. Credit course offerings must be approved 10 by the principal. The summer maintenance and enrichment program must be self-supporting.

Policy History: 15

Adopted on: 12/18/2013 16 Reviewed on: 17 Revised on: 18

School library and classroom library books are primarily for use by District students and staff. 7 Library books may be checked out by either students or staff. Individuals who check out books 8 are responsible for the care and timely return of those materials. The building principal may 9 assess fines for damaged or unreturned books. 10 11

District residents and parents or guardians of non-resident students attending the District may be 12 allowed use of library books, at the discretion of the building principal. However, such access 13 shall not interfere with regular school use of those books. Use of library books outside of the 14 District is prohibited except for inter-library loan agreements with other libraries. 15 16

Any individual may challenge the selection of materials for the library/media center. The 17 Uniform Complaint Procedure will be utilized to determine if challenged material is properly 18 located in the library. 19 20 21 22

Cross Reference: 1700 Uniform Complaint Procedure 23 2314 Learning Materials Review 24 25

Legal Reference: § 20-4-402(5), MCA Duties of district superintendent or county high 26 school principal 27 § 20-7-203, MCA Trustees’ policies for school library 28 § 20-7-204, MCA School library book selection 29 30

Policy History: 31 Adopted on: 4/11 32 Reviewed on: 12/18/2013 33 Revised on: 34

Selection of Library Materials

The District has libraries in every school, with the primary objective of implementing and 7 supporting the educational program in the schools. It is the objective of these libraries to provide 8 a wide range of materials on all appropriate levels of difficulty, with diversity of appeal and the 9 presentation of different points of view. 10 11

The provision of a wide variety of library materials at all reading levels supports the District’s 12 basic principle that the school in a free society assists all students to develop their talents fully so 13 that they become capable of contributing to the further good of that society. 14 15

In support of these objectives, the Board reaffirms the principles of intellectual freedom inherent 16 in the First Amendment of the Constitution of the United States and guided by the principles set 17 forth in the American Library Association’s Library Bill of Rights and its interpretation for 18 school libraries. 19 20

Although the Superintendent is responsible for selection of library materials, ultimate 21 responsibility rests with the Board. 22 23

The Board, acting through the Superintendent, thereby delegates authority for selection of library 24 materials to the principal in each of the schools. The principal further delegates that authority to 25 the librarian in the school. 26 27 28 29

Legal reference: § 20-4-402(5), MCA Duties of district superintendent or county high 30 school principal 31

§ 20-7-203, MCA Trustees’ policies for school library 32 § 20-7-204, MCA School library book selection 33

Library Bill of Rights 34 American Library Association 35 36

Policy History: 37 Adopted on: 04/11 38 Reviewed on: 12/18/2013 39 Revised on: 40

Selection of Library Materials

Selection of library materials is a professional task conducted by library staff. In selecting 7 library materials, the librarian will evaluate the existing collection; assess curricula needs; 8 examine materials; and consult reputable, professionally prepared selection aids. 9 10

Weeding 11 12

When materials no longer meet criteria for selection, they will be weeded. Weeding is a 13 necessary aspect of selection, since every library will contain works which may have answered a 14 need at the time of acquisition, but which, with the passage of time, have become obsolete, 15 dated, unappealing, or worn out. 16 17

Discarded materials will be clearly stamped: 18 19

“WITHDRAWAL FROM __________ PUBLIC SCHOOL LIBRARY” 20 21

Materials will be discarded in compliance with § 20-6-604, MCA. When the decision to sell or 22 dispose of library materials is made, the Board will adopt a resolution to sell or otherwise 23 dispose of the material because it is or is about to become abandoned, obsolete, undesirable, or 24 unsuitable for the school purposes of the District. The Board will publish a notice of the 25 resolution in the newspaper of general circulation in Kalispell. The resolution may not become 26 effective for fourteen (14) days after notice is published. 27 28

Gifts 29 30

Gift materials may be accepted with the understanding they must meet criteria set for book 31 selection. 32 33 34 35

Procedure History: 36 Promulgated on: 04/11 37 Reviewed on: 38 Revised on: 12/18/2013 39

The Board is legally responsible to approve and to provide the necessary instructional materials 7 used in the District. Textbooks and instructional materials should provide quality learning 8 experiences for students and: 9 10

• Enrich and support the curriculum; 11

• Stimulate growth in knowledge, literary appreciation, aesthetic value, and ethical 12 standards; 13

• Provide background information to enable students to make intelligent judgments; 14

• Present opposing sides of controversial issues; 15

• Be representative of the many religious, ethnic, and cultural groups and their 16 contributions to our American heritage; 17

• Depict in an accurate and unbiased way the cultural diversity and pluralistic nature of 18 American society. 19 20

Basic instructional course material in the fundamental skill areas of language arts, mathematics, 21 science, and social studies should be reviewed at intervals not exceeding five (5) years. All 22 instructional materials must be sequential and must be compatible with previous and future 23 offerings. 24 25

Instructional materials may be made available for loan to students when the best interest of the 26 District and student will be served by such a decision. Students will not be charged for normal 27 wear. They will be charged replacement cost, however, as well as for excessive wear, 28 unreasonable damage, or lost materials. The professional staff will maintain records necessary 29 for the proper accounting of all instructional materials. 30 31 32 33

Cross Reference: 2314 Learning Materials Review 34 35

Legal Reference: § 20-4-402, MCA Duties of district superintendent or county high 36 school principal 37 § 20-7-601, MCA Free textbook provisions 38 § 20-7-602, MCA Textbook selection and adoption 39 40

Policy History: 41 Adopted on: 04/11 42 Reviewed on: 12/18/2013 43 Revised on: 44

Selection, Adoption, and Removal of Textbooks and Instructional Materials

Curriculum committees will generally be responsible to recommend textbooks and major 7 instructional materials purchases. Recommendations will be made to the Superintendent. The 8 function of the committee is to ensure that materials are selected in conformance with stated 9 criteria and established District goals and objectives. A curriculum committee may consist of 10 only those members in a particular department. The same basic selection procedures should be 11 followed as with District-wide committees. 12 13

14 15

Selection and Adoption

Textbooks shall be selected by a curriculum committee representing the various staff who will 16 likely be using the text. In most, but not all, cases an administrator will chair the committee. 17 Each committee should develop, prior to selection, a set of selection criteria against which 18 textbooks will be evaluated. The criteria should include the following, along with other 19 appropriate criteria. Textbooks shall: 20 21

• Be congruent with identified instructional objectives; 22

• Present more than one viewpoint on controversial issues; 23

• Present minorities realistically; 24

• Present non-stereotypic models; 25

• Facilitate the sharing of cultural differences; 26

• Be priced appropriately. 27 28

Removal 29 30

Textbooks may be removed when they no longer meet the criteria for initial selection, when they 31 are worn out, or when they have been judged inappropriate through the Learning Materials 32 Review Process. 33 34 35 36

Procedure History: 37 Promulgated on: 04/11 38 Reviewed on: 12/18/2013 39 Revised on: 40

The District recognizes that federal law makes it illegal to duplicate copyrighted materials 7 without authorization of the holder of the copyright, except for certain exempt purposes. Severe 8 penalties may be imposed for unauthorized copying or use of audio, visual, digital, or printed 9 materials and computer software, unless the copying or use conforms to the “fair use” doctrine. 10 11

Under the fair use doctrine, each of the following four standards must be met in order to use the 12 copyrighted document: 13

• Purpose and Character of the Use – The use must be for such purposes as teaching or scholarship. 14

• Nature of the Copyrighted Work – The type of work to be copied. 15

• Amount and Substantiality of the Portion Used – Copying the whole of a work cannot be 16 considered fair use; copying a small portion may be if these guidelines are followed. 17

• Effect of the Use Upon the Potential Market for or value of the Copyrighted Work – If resulting 18 economic loss to the copyright holder can be shown, even making a single copy of certain 19 materials may be an infringement, and making multiple copies presents the danger of greater 20 penalties. 21 22

While the District encourages its staff to enrich learning programs by making proper use of 23 supplementary materials, it is the responsibility of staff to abide by District copying procedures 24 and obey requirements of law. Under no circumstances will it be necessary for staff to violate 25 copyright requirements in order to properly perform their duties. The District cannot be 26 responsible for any violations of the copyright law by its staff. 27 28

Any staff member who is uncertain as to whether reproducing or using copyrighted material 29 complies with District procedures or is permissible under the law should consult the 30 Superintendent. The Superintendent will assist staff in obtaining proper authorization to copy or 31 use protected materials, when such authorization is required. 32 33 34 35

Legal Reference: 17 USC 101 - 1332 Federal Copyright Law of 1976 36 37 38 39

Policy History: 40

Adopted on: 04/11 41 Reviewed on: 42 Revised on: 12/18/2013 43

Authorized Reproduction and Use of Copyrighted Material in Print

• Materials on the Internet should be used with caution since they may, and likely are, copyrighted. 9

• Proper attribution (author, title, publisher, place and date of publication) should always be given. 10

• Notice should be taken of any alterations to copyrighted works, and such alterations should only 11 be made for specific instructional objectives. 12

• Care should be taken in circumventing any technological protection measures. While materials 13 copied pursuant to fair use may be copied after circumventing technological protections against 14 unauthorized copying, technological protection measures to block access to materials may not be 15 circumvented. 16 17

In preparing for instruction, a teacher may make or have made a single copy of a chapter from a book; an 18 article from a newspaper or periodical; a short story, short essay, or short poem; or a chart, graph, 19 diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. A teacher may make 20 multiple copies, not exceeding more than one (1) per student, for classroom use if the copying meets the 21 tests of “brevity, spontaneity and cumulative effect” set by the following guidelines. Each copy must 22 include a notice of copyright. 23 24

1. Brevity 25 26

a. A complete poem, if less than 250 words and two pages long, may be copied; excerpts 27 from longer poems cannot exceed 250 words. 28

b. Complete articles, stories or essays of less than 2500 words or excerpts from prose works 29 less than 1000 words or 10% of the work, whichever is less, may be copied; in any event, 30 the minimum is 500 words. (Each numerical limit may be expanded to permit the 31 completion of an unfinished line of a poem or prose paragraph.) 32

c. One chart, graph, diagram, drawing, cartoon, or picture per book or periodical issue may 33 be copied. “Special” works cannot be reproduced in full; this includes children’s books 34 combining poetry, prose, or poetic prose. 35 36

2. Spontaneity. Should be at the “instance and inspiration” of the individual teacher when there is 37 not a reasonable length of time to request and receive permission to copy. 38 39

3. Cumulative Effect. Teachers are limited to using copied material for only one (1) course in the 40 school in which copies are made. No more than one (1) short poem, article, story or two (2) 41 excerpts from the same author may be copied, and no more than three (3) works can be copied 42 from a collective work or periodical issue during one (1) class term. 43 44 45

Teachers are limited to nine (9) instances of multiple copying for one (1) course during one (1) 46 class term. Limitations do not apply to current news periodicals, newspapers, and current news 47 sections of other periodicals. 48 49 50

Performances by teachers or students of copyrighted dramatic works without authorization from the 4 copyright owner are permitted as part of a teaching activity in a classroom or instructional setting. All 5 other performances require permission from the copyright owner. 6 7

The copyright law prohibits using copies to replace or substitute for anthologies, consumable works, 8 compilations, or collective works. “Consumable” works include: workbooks, exercises, standardized 9 tests, test booklets, and answer sheets. Teachers cannot substitute copies for the purchase of books, 10 publishers’ reprints or periodicals, nor can they repeatedly copy the same item from term-to-term. 11 Copying cannot be directed by a “higher authority,” and students cannot be charged more than actual cost 12 of photocopying. Teachers may use copyrighted materials in overhead or opaque projectors for 13 instructional purposes. 14 15

16 17

Authorized Reproduction

and Use of Copyrighted Materials in the Library

A library may make a single copy or three digital copies of: 18

• An unpublished work which is in its collection; 19

• A published work in order to replace it because it is damaged, deteriorated, lost or stolen, 20 provided the unused replacement cannot be obtained at a fair price. 21

• A work that is being considered for acquisition, although use is strictly limited to that decision. 22 Technological protection measures may be circumvented for purposes of copying materials in 23 order to make an acquisition decision. 24 25

A library may provide a single copy of copyrighted material to a student or staff member at no more than 26 the actual cost of photocopying. The copy must be limited to one (1) article of a periodical issue or a 27 small part of other material, unless the library finds that the copyrighted work cannot be obtained 28 elsewhere at a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy 29 shall contain the notice of copyright, and the student or staff member shall be notified that the copy is to 30 be used only for private study, scholarship, or research. Any other use may subject the person to liability 31 for copyright infringement. 32 33

At the request of a teacher, copies may be made for reserve use. The same limits apply as for single or 34 multiple copies designated in “Authorized Reproduction and Use of Copyrighted Material in Print.” 35 36

Authorized Reproduction and Use of Copyrighted Music or Dramatic Works 37 38

Teachers may: 39

• Make a single copy of a song, movement, or short section from a printed musical or dramatic 40 work that is unavailable except in a larger work for purposes of preparing for instruction; 41

• Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical 42 work if it is to be used for academic purposes other than performance, provided that the excerpt 43 does not comprise a part of the whole musical work which would constitute a performable unit 44 such as a complete section, movement, or song; 45

• In an emergency, a teacher may make and use replacement copies of printed music for an 46 imminent musical performance when the purchased copies have been lost, destroyed or are 47 otherwise not available. 48

• Make and retain a single recording of student performances of copyrighted material when it is 49 made for purposes of evaluation or rehearsal; 50

• Make and retain a single copy of excerpts from recordings of copyrighted musical works for use 4 as aural exercises or examination questions; and, 5

• Edit or simplify purchased copies of music or plays provided that the fundamental character of 6 the work is not distorted. Lyrics shall not be altered or added if none exist. 7 8

Performance by teachers or students of copyrighted musical or dramatic works is permitted without the 9 authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting. 10 The purpose shall be instructional rather than for entertainment. 11 12

Performances of nondramatic musical works that are copyrighted are permitted without the authorization 13 of the copyright owner, provided that: 14

• The performance is not for a commercial purpose; 15

• None of the performers, promoters or organizers are compensated; and, 16

• Admission fees are used for educational or charitable purposes only. 17 18 All other musical and dramatic performances require permission from the copyright owner. Parents or 19 others wishing to record a performance should check with the sponsor to ensure compliance with 20 copyright. 21 22

23 24

Recording of Copyrighted Programs

Television programs, excluding news programs, transmitted by commercial and non-commercial 25 television stations for reception by the general public without charge may be recorded off-air 26 simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained 27 by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of 28 recording. Upon conclusion of this retention period, all off-air recordings must be erased or destroyed 29 immediately. Certain programming such as that provided on public television may be exempt from this 30 provision; check with the [principal, teacher or teacher librarian – choose all that apply or add others] 31 or the subscription database, e.g. united streaming. 32 33 34

35 36

USE OF INFORMATION RESOURCES REGULATION

Off-air recording may be used once by individual teachers in the course of instructional activities, and 37 repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive 38 school days, excluding scheduled interruptions, in the 45 calendar day retention period. Off-air 39 recordings may be made only at the request of and used by individual teachers, and may not be regularly 40 recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the 41 request of the same teacher, regardless of the number of times the program may be broadcast. A limited 42 number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers. 43 Each additional copy shall be subject to all provisions governing the original recording. 44 45

After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar 46 day retention period only for evaluation purposes, i.e., to determine whether or not to include the 47 broadcast program in the teaching curriculum. Permission must be secured from the publisher before the 48 recording can be used for instructional purposes after the 10 day period. 49 50

Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from 5 their original content. Off-air recordings may not be physically or electronically combined or merged to 6 constitute teaching anthologies or compilations. All copies of off-air recordings must include the 7 copyright notice on the broadcast program as recorded. 8 9

Authorized Reproduction and Use of Copyrighted Computer Software 10 11

Schools have a valid need for high-quality software at reasonable prices. To assure a fair return to the 12 authors of software programs, the school district shall support the legal and ethical issues involved in 13 copyright laws and any usage agreements that are incorporated into the acquisition of software programs. 14 To this end, the following guidelines shall be in effect: 15

• All copyright laws and publisher license agreements between the vendor and the school 16 district shall be observed; 17

• Staff members shall take reasonable precautions to prevent copying or the use of 18 unauthorized copies on school equipment; 19

• A back-up copy shall be purchased, for use as a replacement when a program is lost or 20 damaged. If the vendor is not able to supply a replacement, the school district shall make a 21 back-up copy that will be used for replacement purposes only; 22

• A copy of the software license agreement shall be retained by the, [board secretary, 23 technology director or teacher-librarian - choose all that apply or add others] ; and, 24

• A computer program may be adapted by adding to the content or changing the language. The 25 adapted program may not be distributed. 26 27

Fair Use Guidelines for Educational Multimedia 28 29

Students may incorporate portions of copyrighted materials in producing educational multimedia projects 30 such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or 31 retain the projects. 32 33 34 35 36 37

38 39

USE OF INFORMATION RESOURCES REGULATION

Educators may perform or display their own multimedia projects to students in support of curriculum- 40 based instructional activities. These projects may be used: 41

• In face-to-face instruction; 42

• In demonstrations and presentations, including conferences; 43

• In assignments to students; 44

• For remote instruction if distribution of the signal is limited; 45

• Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be 46 saved on-site only; or, 47

• In their personal portfolios. 48

Educators may use copyrighted materials in a multimedia project for two years, after that permission must 49 be requested and received. 50

The following limitations restrict the portion of any given work that may be used pursuant of fair use in 4 an educational multimedia project: 5

• Motion media: ten percent or three minutes, whichever is less; 6

• Text materials: ten percent or 1,000 words, whichever is less; 7

• Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author 8 or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 250 9 words may be used, but no more than three excerpts from one poet or five excerpts from an 10 anthology; 11

• Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations 12 that change the basic melody or fundamental character of the work; 13

• Illustrations, cartoons and photographs: No more that five images by an artist, and no more than 14 ten percent or fifteen images whichever is less from a collective work; 15

• Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less; 16 17

Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of 18 copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before 19 such projects are placed online. The opening screen of such presentations shall include notice that 20 permission was granted and materials are restricted from further use. 21 22 23 24 25

Procedure History: 26 Promulgated on: 04/11 27 Reviewed on: 28 Revised on: 12/18/2013 29 30

Learning Materials Review

Citizens objecting to specific materials used in the District are encouraged to submit a complaint 7 in writing using the Uniform Complaint Procedure (Policy 1700) and discuss the complaint with 8 the building principal prior to pursuing a formal complaint. 9 10

Learning materials, for the purposes of this policy, are considered to be any material used in 11 classroom instruction, library materials, or any materials to which a teacher might refer a student 12 as part of the course of instruction. 13 14 15 16

Cross Reference: 1700 Uniform Complaint Procedure 17 18

Policy History: 19 Adopted on: 04/11 20 Reviewed on: 12/18/2013 21 Revised on: 22

Field Trips, Excursions, and Outdoor Education

The Board recognizes that field trips, when used as a device for teaching and learning integral to 7 the curriculum, are an educationally sound and important ingredient in the instructional program 8 of the schools. Such trips can supplement and enrich classroom procedures by providing 9 learning experiences in an environment beyond the classroom. The Board also recognizes that 10 field trips may result in lost learning opportunities in missed classes. Therefore, the Board 11 endorses the use of field trips, when educational objectives achieved by the trip outweigh any 12 lost in-class learning opportunities. 13 14

Field trips that will take students out of state must be approved in advance by the Board; the 15 principal may approve all other field trips. 16 17

The principal will develop procedures with respect to field trips, excursions, and outdoor 18 education. 19 20

Staff members may not solicit students during instructional time for any privately arranged field 21 trip or excursion without Administrative permission. 22 23

The presence of a person with a currently valid first aid card is required during school-sponsored 24 activities, including field trips, athletic, and other off-campus events. 25 26 27 28

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance 29 30

Policy History: 31 Adopted on: 12/08/09 32 Reviewed on: 12/18/2013 33 Revised on: 34

Controversial Issues and Academic Freedom

The District will offer courses of study which will afford learning experiences appropriate to 7 levels of student understanding. The instructional program respects the right of students to face 8 issues, to have free access to information, to study under teachers in situations free from 9 prejudice, and to form, hold, and express their own opinions without personal prejudice or 10 discrimination. 11 12

Teachers will guide discussions and procedures with thoroughness and objectivity to acquaint 13 students with the need to recognize various points of view, importance of fact, value of good 14 judgment, and the virtue of respect for conflicting opinions. 15 16

The Board encourages and supports the concept of academic freedom, recognizing it as a 17 necessary condition to aid in maintaining an environment conducive to learning and to the free 18 exchange of ideas and information. 19 20

In a study or discussion of controversial issues or materials, however, the Board directs teaching 21 staff to take into account the following criteria: 22 23

1. Relative maturity of students; 24 2. District philosophy of education; 25 3. Community standards, morals, and values; 26 4. Necessity for a balanced presentation; and 27 5. Necessity to seek administrative counsel and guidance in such matters. 28 29 30 31

Legal Reference: Article X, Sec. 8, Montana Constitution - School district trustees 32 § 20-3-324(16) and (17), MCA Powers and duties 33 34

Policy History: 35 Adopted on: 36 Reviewed on: 12/18/2013 37 Revised on: 38

Helena Flats School District

Religion and Religious Activities 5 6

In keeping with the United States and Montana Constitutions and judicial decisions, the District may not 7 support any religion or endorse religious activity. At the same time, the District may not prohibit private 8 religious expression by students. This policy provides direction to students and staff members about the 9 application of these principles to student religious activity at school. 10 11

12 13

Student Prayer and Discussion

Students may pray individually or in groups and may discuss their religious views with other students, as 14 long as they are not disruptive or coercive. The right to engage in voluntary prayer does not include the 15 right to have a captive audience listen, to harass other students, or to force them to participate. Students 16 may pray silently in the classroom, except when they are expected to be involved in classroom instruction 17 or activities. 18 19

20 21

Staff

Members

Staff members are representatives of the District and must “navigate the narrow channel between 22 impairing intellectual inquiry and propagating a religious creed.” They may not encourage, discourage, 23 persuade, dissuade, sponsor, participate in, or discriminate against a religious activity or an activity 24 because of its religious content. They must remain officially neutral toward religious expression. 25 26

27 28

Graduation Ceremonies

Graduation is an important event for students and their families. In order to assure the appropriateness 29 and dignity of the occasion, the District sponsors and pays for graduation ceremonies and retains ultimate 30 control over their structure and content. 31 32

District officials may not invite or permit members of the clergy to give prayers at graduation. 33 Furthermore, District officials may not organize or agree to requests for prayer by other persons at 34 graduation, including requests by students to open or deliver a prayer at graduation. The District may not 35 prefer the beliefs of some students over the beliefs of others, coerce dissenters or nonbelievers, or 36 communicate any endorsement of religion. 37 38

39 40

Assemblies, Extracurricular and Athletic Events

District officials may not invite or permit members of the clergy, staff members, or outsiders to give 41 prayers at school-sponsored assemblies and extracurricular or athletic events. District officials also may 42 not organize or agree to student requests for prayer at assemblies and other school-sponsored events. 43 Furthermore, prayer may not be broadcast over the school public address system, even if the prayer is 44 nonsectarian, nonproselytizing, and initiated by students. 45 46

47 48

Student Religious Expression and Assignments

Students may express their individual religious beliefs in reports, tests, homework, and projects. Staff 49 members should judge their work by ordinary academic standards, including substance, relevance, 50

appearance, composition, and grammar. Student religious expression should neither be favored nor 4 penalized. 5 6

Religion

in

the Curriculum 7 8

Staff members may teach students about religion in history, art, music, literature, and other subjects in 9 which religious influence has been and continues to be felt. However, staff members may not teach 10 religion or advocate religious doctrine or practice. The prohibition against teaching religion extends to 11 curricular decisions which promote religion or religious beliefs. 12 13

School programs, performances, and celebrations must serve an educational purpose. The inclusion of 14 religious music, symbols, art, or writings is permitted, if the religious content has a historical or 15 independent educational purpose which contributes to the objectives of the approved curriculum. School 16 programs, performances, and celebrations cannot promote, encourage, discourage, persuade, dissuade, or 17 discriminate against a religion or religious activity and cannot be oriented to religion or a religious 18 holiday. 19 20

Student Religious Groups 21 22

Students may gather as non-curricular groups to discuss or promote religion in accordance with District 23 Policy 3233. 24 25

Distribution of Religious Literature 26 27

Students may distribute religious literature to their classmates, subject to the same constitutionally 28 acceptable restrictions the District imposes on distribution of other non-school literature. Outsiders may 29 not distribute religious or other literature to students on school 30 property, consistent with and pursuant to the District policy on solicitations (Policy 4321). 31 32

Religious Holidays 33 34

Staff members may teach objectively about religious holidays and about religious symbols, music, art, 35 literature, and drama which accompany the holidays. They may celebrate the historical aspects of the 36 holidays but may not observe them as religious events. 37 38

Cross Reference: Policy 3550 – Student Clubs 39

Policy 3233 - Student Use of Buildings 40

Policy 3510 - School Sponsored Activities 41 42 43

Policy History: 44 Adopted on: 45 Reviewed on: 46 Revised on: 12/18/13, 9/21/21 47 48

Participation in Commencement Exercises

A student’s right to participate in eighth grade (8th) commencement exercise of the graduating class at 7 Helena Flats School is an honor. As such, participation in this ceremony is reserved for those members of 8 the graduating class who have completed all state and local requirements for graduation before the date of 9 the ceremony. 10 11

A student with a disabling condition will satisfy those competency requirements incorporated into the 12 individualized education program (IEP). Satisfactory completion of the objectives incorporated in the 13 IEP will serve as the basis for determining completion of a course. 14 15

A student may be denied participation in graduation ceremonies in accordance with 20-5-201(3), MCA. 16 In such instances the diploma will be awarded after the official ceremony has been held. 17 18

Organization and Content of Commencement Exercises 19 20

The school district will permit students to honor their American Indian heritage through the display of 21 culturally significant tribal regalia at commencement ceremonies. Any item that promotes drug use, 22 weapon use, threats of violence, sexual harassment, bullying, or other intimidation, or violates another 23 district policy, state, or federal law may not be worn during graduation. 24 25

The school administration may invite eighth grade (8th) graduating students to participate in graduation 26 exercises according to academic class standing. Any student who is requested to participate may choose 27 to decline the invitation. 28 29

The school administrator will review presentations and specific content, and may advise participants 30 about appropriate language for the audience and occasion. Students selected to participate may choose to 31 deliver an address, poem, reading, song, musical presentation, or any other pronouncement of their 32 choosing. 33 34

The printed program for a commencement exercise will include the following paragraphs: 35 Any presentation by participants of graduation exercises is the private expression 36 of an individual participant and does not necessarily reflect any official position of the 37 District, its Board, administration, or employees, nor does it necessarily indicate the 38 views of any other graduates. 39

The Board recognizes that at graduation time and throughout the course of the 40 educational process, there will be instances when religious values, religious practices, 41 and religious persons will have some interaction with the public schools and students. 42 The Board, while not endorsing any religion, recognizes the rights of individuals to have 43 the freedom to express their individual political, social, or religious views. 44 45

Legal Reference: Art. II, Sec. 5, Montana Constitution - Freedom of religion 46 Art. X, Sec. 1(2), Montana Constitution – Educational Goals and Duties 47 Art. X, Sec. 7, Montana Constitution - Nondiscrimination in education 48 § 20-5-201(3), MCA Duties and Sanctions 49 § 20-1-308, MCA Religious instruction released time program 50

§ 20-7-112, MCA Sectarian publications prohibited and prayer permitted 1 2

Policy History: 3 Adopted on: 12/18/2013 4 Reviewed on: 5 Revised on: 9/19/17 6

Helena Flats School District

Release Time for Religious Instruction

The District may provide for a religious instruction released time program, under which a student 7 may be released, on written request of a parent(s) or guardian(s), except that no such program 8 will take place in public school property. Such written request must be renewed annually. The 9 Board will determine the amount of time that any pupil will be released for religious instruction. 10 Such release will not adversely affect a student’s attendance. 11 12 13 14

Legal Reference: Art. II, Sec. 5, Montana Constitution - Freedom of religion 15 Art. X, Sec. 7, Montana Constitution - Nondiscrimination in education 16 § 20-1-308, MCA Religious instruction released time program 17 18

Policy History: 19 Adopted on: 11/01 20 Reviewed on: 12/18/2013 21 Revised on: 22

Health, family life, and sex education, including information about parts of the body, reproduction, and 7 related topics, will be included in the instructional program as appropriate to grade level and course of 8 study. An instructional approach will be developed after consultation with parents and other community 9 representatives. Parents and guardians may ask to review materials to be used and may request that their 10 child be excluded from human sexuality education or instruction class sessions without prejudice in 11 accordance with Policy 3120. The District will notify parents and guardians 48 hours prior to any event, 12 assembly, or introduction of materials for instructional use on the topic of human sexuality. Notification 13 of parent or guardian rights under this policy will be issued on an annual basis. 14 15

For purposes of this Policy, "human sexuality education or instruction" means teaching or otherwise 16 providing information about human sexuality, including intimate relationships, human sexual anatomy, 17 sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, 18 abstinence, contraception, or reproductive rights and responsibilities. 19 20

AIDS Education and Prevention 21 22

The Board believes HIV/AIDS and other STD/STI instruction is most effective when integrated into a 23 comprehensive health education program. Instruction must be appropriate to grade level and 24 development of students and must occur in a systematic manner. The Board particularly desires that 25 students receive proper education about HIV and other STD/STI’s, before they reach the age when they 26 may adopt behaviors which put them at risk of contracting the disease. 27 28

In order for education about HIV and other STD/STI’s to be most effective, the Superintendent will 29 require that faculty members who present this instruction receive continuing in-service training which 30 includes appropriate teaching strategies and techniques. Other staff members not involved in direct 31 instruction, but who have contact with students, will receive basic information about HIV/AIDS and other 32 STD/STI’s and instruction in use of universal precautions when dealing with body fluids. In accordance 33 with Board policy, parents will have an opportunity to review the HIV/STD/STI education program, 34 before it is presented to students. 35 36

Cross Reference: Policy 3120 – Compulsory Attendance 37

Policy 2332 – Student and Family Privacy Rights 38 Policy 2158 – Family Engagement 39 40

Legal Reference: §§ 50-16-1001, et seq., MCA

AIDS Education and Prevention (AIDS 41 Prevention Act) 42

Excused Absences from Curriculum 43 Requirements 44

Policy History: 45 Adopted on: 12/18/13 46 Reviewed on: 47 Revised on: 11/15/22 48

§ 20-7-120, MCA

Policy 2335F1 - Human Sexuality Instruction Annual Notice

Dear Parent/Guardian,

The ________ School District is providing a notice that is required under the provisions of Senate Bill 99, which the 2021 Legislature passed, and Governor Gianforte signed into law. The operative section of law governing this notice is Section 20-7-120, MCA , which provides as follows:

20-7-120. Excused absences from curriculum requirements notice prohibited activities. (1) A parent, guardian, or other person who is responsible for the care of a child may refuse to allow the child to attend or withdraw the child from a course of instruction, a class period, an assembly, an organized school function, or instruction provided by the district through its staff or guests invited at the request of the district regarding human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to 20-5-103.

(2) Any school implementing or maintaining a curriculum, providing materials, or holding an event or assembly at which the district provides human sexuality instruction, whether introduced by school educators, administrators, or officials or by guests invited at the request of the school, shall adopt a policy ensuring parental or guardian notification no less than 48 hours prior to holding an event or assembly or introducing materials for instructional use.

(3) A school district shall annually notify the parent or guardian of each student scheduled to be enrolled in human sexuality instruction in the district or school in advance of the instruction of: (a) the basic content of the district's or school's human sexuality instruction intended to be taught to the student; and (b) the parent's or guardian's right to withdraw the student from the district's or school's human sexuality instruction.

(4) A school district shall make all curriculum materials used in the district's or school's human sexuality instruction available for public inspection prior to the use of the materials in actual instruction.

(5) A school district or its personnel or agents may not permit a person, entity, or any affiliate or agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or any affiliate or agent of the person or entity is a provider of abortion services.

(6) For purposes of this section, "human sexuality instruction" means teaching or otherwise providing information about human sexuality, including intimate relationships, human sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence, contraception, or reproductive rights and responsibilities.

This notice is being provided comprehensively and in advance of the school year, also well in advance of the minimum notice of 48 hours prior to instruction to ensure full transparency and to provide a parent/guardian the right to opt their child out of “human sexuality instruction” as defined in (6) of the law above.

Courses and Related Activities Where the Topic of Human Sexuality Instruction Could Arise:

The district has four categories of activities that involve human sexuality instruction as defined in the law.

1. Health Enhancement Curriculum: The first category consists of designated courses involving human sexuality instruction that are part of our health curriculum. Although none of these

courses are exclusively devoted to human sexuality instruction, the topic of human sexuality does arise in the typical course delivery at various times.

a. Course 1, [including length and course name].

b. Course 2, [ ]

c. Course 3, [ ]

2. Other Courses: The second category consists of other courses where topics related to or involving human sexuality instruction arise incidentally through addressing topics germane to the course and consistent with accreditation standards. These courses include but are not limited to science and literature.

a. Course 1, [including length and course name].

b. Course 2, [ ]

c. Course 3, [ ]

3. Other Services Provided by Designated Staff: The third category consists of student-initiated inquiries of school district staff that, in order to address, may involve human sexuality as defined in law. Typical staff involved in these interactions include but are not limited to librarians, counselors, and school nurses. Inquiries will be addressed on an age-appropriate basis using the professional judgment of licensed, certified, or otherwise authorized school personnel.

4. Special Events and Student Assemblies: The fourth category consists of special events and student assemblies periodically scheduled that touch on topics of student health and which may involve incidental mention of topics related to human sexuality instruction as defined in the law. The following are dates and times when such assemblies are scheduled during the upcoming school year:

a. Date 1, [including event or assembly name].

b. Date 2, [ ]

c. Date 3, [ ]

Notice of Your Rights:

As a parent/guardian of a student, you have the right to refuse to allow your child to attend or withdraw your child from a course of instruction, a class period, an assembly, an organized school function, or instruction provided by the district through its staff or guests invited at the request of the district regarding human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to Seciton 20-5-103, MCA You can opt your child out of human sexuality instruction by providing the school district written notice by completing, signing, and submitting the attached form.

Links to Materials:

The following link will provide you access to the following:

1. The basic content of the district's or school's human sexuality instruction; and

2. All curriculum materials used in the district's human sexuality instruction.

Human Sexuality Instruction Opt-Out Form For _______ School Year

A family who does not want their student to receive human sexuality instruction at school may request to opt out of such instruction by completing this form.

I, ______________, Parent or Guardian of, ___________ a student enrolled at _____________School District, request my student not receive human sexuality instruction for the duration of the ________ school year in a manner consistent with the excused absence methods identified by the School District as specified in Section 20-5-103, MCA.

I understand my student will not attend any courses, special events, student assemblies where human sexuality instruction occurs. I also understand my student will not receive any services from school district staff regarding human sexuality instruction that may include but are not limited to individual services from teachers, librarians, nurses, or counselors that may related to human sexuality. A student seeking such services will be redirected to the parent in accordance with the decision noted on this form.

I acknowledge I have received notification of my rights in this area under Section 20-7-120, MCA, and have been provided an opportunity to review related information and materials on this topic.

I may withdraw this opt out in writing at anytime

Parent Date Received by: School Official Date

Policy 2335F2 - Human Sexuality 48 Hour Notice

For Unanticipated Introduction of Human Sexuality Instruction Not Addressed in Annual Notice

Dear Parent/Guardian,

The _____ School District is providing a notice that is required under the provisions of Senate Bill 99, which the 2021 Legislature passed, and Governor Gianforte signed into law. The operative section of law governing this notice is Section 20-7-120, MCA which provides as follows:

20-7-120. Excused absences from curriculum requirements -- notice -- prohibited activities. (1) A parent, guardian, or other person who is responsible for the care of a child may refuse to allow the child to attend or withdraw the child from a course of instruction, a class period, an assembly, an organized school function, or instruction provided by the district through its staff or guests invited at the request of the district regarding human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to 20-5-103

(2) Any school implementing or maintaining a curriculum, providing materials, or holding an event or assembly at which the district provides human sexuality instruction, whether introduced by school educators, administrators, or officials or by guests invited at the request of the school, shall adopt a policy ensuring parental or guardian notification no less than 48 hours prior to holding an event or assembly or introducing materials for instructional use.

(3) A school district shall annually notify the parent or guardian of each student scheduled to be enrolled in human sexuality instruction in the district or school in advance of the instruction of: (a) the basic content of the district's or school's human sexuality instruction intended to be taught to the student; and (b) the parent's or guardian's right to withdraw the student from the district's or school's human sexuality instruction.

(4) A school district shall make all curriculum materials used in the district's or school's human sexuality instruction available for public inspection prior to the use of the materials in actual instruction.

(5) A school district or its personnel or agents may not permit a person, entity, or any affiliate or agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or any affiliate or agent of the person or entity is a provider of abortion services.

(6) For purposes of this section, "human sexuality instruction" means teaching or otherwise providing information about human sexuality, including intimate relationships, human sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence, contraception, or reproductive rights and responsibilities.

This notice is being provided to inform you of human sexuality instruction that was not specifically addressed in the annual notification you previously received. The law states if the school is implementing or maintaining a curriculum, providing materials, or holding an event or assembly at which the district provides human sexuality instruction, whether introduced by school educators, administrators, or officials or by guests invited at the request of the school, the school shall provide parental or guardian notification no less than 48 hours prior to holding an event or assembly or introducing materials for instructional use.

Notice of Your Rights:

This notice is intended to inform parents that the following course or event is going to provide instruction or information on human sexuality: _________.

The nature of the instruction or information is as follows: ________________________

As a parent/guardian of a student, you have the right to refuse to allow your child to attend or withdraw your child from the above-noted course of instruction, a class period, an assembly, an organized school function, or instruction provided by the district through its staff or guests invited at the request of the district regarding human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to Section 20-5-103, MCA.

You can opt your child out of human sexuality instruction by providing the school district written notice by completing, signing, and submitting the attached form prior to the date identified in the above-notice.

Human Sexuality Instruction Opt-Out Form 48 Hours Advance Notice of Course or Event

A family who does not want their student to receive human sexuality instruction for a newly introduced curriculum, material, or event not previously addressed in the provided annual notice at school may request to opt out of such instruction by completing this form.

I, ______________, Parent or Guardian of, ___________ a student enrolled at _____________School District, request my student not receive human sexuality instruction during ____________ a course or event to be held on___________. This request will be handled in a manner consistent with the excused absence methods identified by the School District as specified in Section 20-5-103, MCA.

I understand my student will not attend any courses, special events, student assemblies where human sexuality instruction occurs. I also understand my student will not receive any services from school district staff regarding human sexuality instruction that may include but are not limited to individual services from teachers, librarians, nurses, or counselors that may related to human sexuality. A student seeking such services will be redirected to the parent in accordance with the decision noted on this form.

I acknowledge I have received notification of my rights in this area under Section 20-7-120, MCA, and have been provided an opportunity to review related information and materials on this topic.

I may withdraw this opt out in writing at any time.

Parent Date

Received by: School Official Date

Credit Transfer and Assessment for Placement

Requests from parents of students in non-accredited, nonpublic schools for placement in the 7 District school system will be evaluated by an assessment-for-placement team. That team will 8 include: 9 10

1. A school principal; 11 2. One (1) teacher of the grade in which the student is being considered for enrollment; and 12 3. One (1) counselor (grades 6-8 only) (OPTIONAL). 13 14

The assessment-for-placement team will cause the District-adopted norm-referenced test and/or 15 the end-of-the- year subject-matter test to be administered and scored. The assessment-for- 16 placement team will take into account the following in its recommendation for grade placement: 17 18

1. Documentation that the non-accredited, nonpublic school has provided a comparable 19 number of hours as the child would have attended in a public or private school; 20 21

2. That the child followed a similar curriculum as would have been provided in an 22 accredited public or private school; 23 24

3. That the result of the end-of-the- year test indicates the student has mastered most 25 prerequisite skills; and 26 27

4. That the child achieved an NCE score of forty (40) or above on the Standard 28 Achievement Test. 29 30

Parents of students in home schools are encouraged to maintain a log documenting dates of 31 instruction, content of instruction, amount of time spent on that instruction, scores on tests, and 32 grades in all activities. 33 34

The District is not obligated to provide instructional materials for other public or private schools. 35 36

If a parent or guardian is not in agreement with the placement of the child, he/she may request a 37 hearing before the Board. 38 39

Legal Reference: § 20-5-110, MCA School district assessment for placement of a child 40 who enrolls from a nonaccredited, nonpublic school 41 42

Policy History: 43 Adopted on: 12/18/2013 44 Reviewed on: 45 Revised on: 46

The Board recognizes that students of the same age are at many intellectual and developmental 7 levels and that these differences are a normal part of human development. Because of these 8 differences, the administrators and teaching staff are directed to make every effort to develop 9 curricula and programs that will meet the individual and unique needs of all students and allow 10 them to remain with their age cohorts. 11 12

It is the philosophy of the District that students thrive best when placed in or promoted to grade 13 levels with other students of compatible age, physical, social, and emotional status. It is the 14 District’s philosophy to promote students who demonstrate effort within those compatibilities. It 15 is equally the District’s philosophy and practice to retain students who do not make a reasonable 16 effort to meet grade-level expectations, as long as those expectations are commensurate with the 17 individual student’s ability and rate of learning. 18 19

If a parent insists that a student be retained or promoted, a notice will be placed in the student’s 20 file that the retention or promotion was a parent’s decision and not recommended by the school. 21 22 23 24

Policy History: 25 Adopted on: 12/18/2013 26 Reviewed on: 27 Revised on: 28

Recognition of Native American Cultural Heritage

The District recognizes the distinct and unique cultural heritage of Native Americans and is 7 committed in the District’s educational goals to the preservation of such heritage. 8 9

In furtherance of the District’s educational goals, the District is committed to: 10 11

• Working cooperatively with Montana Tribes in close proximity to the District, when 12 providing instruction, when implementing educational goals or adopting rules relating to 13 education of students in the District; 14 15

• Periodically reviewing its curriculum to ensure the inclusion of cultural heritage of 16 Native Americans, which will include but not necessarily be limited to: 17 18

• Considering methods by which to provide books and materials reflecting 19 authentic historical and contemporary portrayals of Native Americans; 20 21

• Taking into account individual and cultural diversity and differences among 22 students; 23 24

• Providing necessary training for school personnel, with the objective of gaining an 25 understanding and awareness of Native American culture, which will assist the District’s 26 staff in its relations with Native American students and parents. 27 28

The Board may require certified staff to satisfy the requirements for instruction in American 29 Indian studies, set forth in § 20-1-503, MCA. 30 31 32 33

Legal Reference: Art. X, Sec. 1(2), Montana Constitution 34 §§ 20-1-501, et seq., MCA Indian Education for All 35 10.55.603 ARM Curriculum and Assessment 36 10.55.701 ARM Board of Trustees 37 10.55.803 ARM Learner Access 38 39

Policy History: 40 Adopted on: 10/06 41 Reviewed on: 12/18/2013 42 Revised on: 43

Helena Flats School District

The Helena Flats School District is committed to providing school environments that promote and protect 7 children’s health, well-being, and ability to learn by supporting healthy eating and physical activity. 8 Therefore, it is the policy of the Helena Flats School District that: 9 10

The development of the school wellness policy, at a minimum, will include: 11

1. Community involvement, including input from teachers of physical education and school health 12 professionals, parents, students, school food service, the school Board, school administrators, 13 educators, and the public. Training of this team of people on the components of a healthy school 14 nutrition environment is recommended. 15

2. Goals for nutrition education, physical activity, and other school-based activities that are 16 designed to promote student wellness in a manner that the local education agency 17 determines appropriate. 18

3. Implementation, Periodic Assessment, and Public Updates, including expanding the purpose of 19 the team of collaborators beyond the development of a local wellness policy to also include the 20 implementation of the local wellness policy with periodic review and updates, inform and update 21 the public (including parents, students, and others in the community) about the content and 22 implementation of the local wellness policies, and to measure periodically and make available to 23 the public an assessment of the local wellness policy, including: 24

• The extent to which schools are in compliance with the local wellness policy; 25

• The extent to which the LEA’s local wellness policy compares to model local school 26 wellness policies; and 27

• The progress made in attaining the goals of the local wellness policy. 28

4. Nutrition guidelines for all foods available on each school campus under the local education 29 agency during the school day, with the objectives of promoting student health and nutrient-rich 30 meals and snacks. This includes food and beverages sold in a la carte sales, vending machines, 31 and student stores; and food and beverages used for classroom rewards and fundraising efforts. 32

5. Guidelines for reimbursable school meals to ensure that the District offers school meal programs 33 with menus meeting the meal patterns and nutrition standards established by the U.S. Department 34 of Agriculture. 35

6. A plan for measuring implementation of the local wellness policy, including designation of one 36 or more persons within the local education agency or at each school, as appropriate, charged with 37 operational responsibility for ensuring that each school fulfills the District’s local wellness policy. 38 39

The suggested guidelines for developing the wellness policy include: 40 41

Nutrition Education 42

All students K-12 shall receive nutrition education that teaches the knowledge and skills needed to adopt 43 healthy eating behaviors and is aligned with the Montana’s Health Enhancement and National 44 Association of Sport and Physical Activity/American Alliance of Health, Physical 45 46

Education, Recreation and Dance Physical Education Content Standards and Benchmarks. Nutrition 47 education shall be integrated into the curriculum. Nutrition information and education shall be offered 48 throughout the school campus and based on the U.S. Dietary Guidelines for Americans. Staff who 49 provide nutrition education shall have the appropriate training, such as in health enhancement or family 50

3 and consumer sciences. 4 5

6

Health Enhancement and Physical Activity Opportunities

The District shall offer health enhancement opportunities that include the components of a quality health 7 enhancement program taught by a K-12 certified health enhancement specialist. 8 9

Health enhancement shall equip students with the knowledge, skills, and values necessary for lifelong 10 physical activity. Health enhancement instruction shall be aligned with the Montana’s Health 11 Enhancement and National Association of Sport and Physical Activity/American Alliance of Health, 12 Physical Education, Recreation and Dance Physical Education Content Standards and Benchmarks 13 14

All K-12 students of the District shall have the opportunity to participate regularly in supervised, 15 organized or unstructured, physical activities, to maintain physical fitness, and to understand the short- 16 and long-term benefits of a physically active and healthy lifestyle. 17 18

19

Nutrition Standards

The District shall ensure that reimbursable school meals meet the program requirements and nutrition 20 standards found in federal regulations. The District shall encourage students to make nutritious food 21 choices through accessibility and marketing efforts of healthful foods. 22 23

The District shall monitor all food and beverages sold or served to students, including those available 24 outside the federally regulated child nutrition programs (i.e., a la carte, vending, student stores, classroom 25 rewards, fundraising efforts). The District shall consider nutrient density and portion size before 26 permitting food and beverages to be sold or served to students. The Superintendent shall continually 27 evaluate vending policies and contracts. Vending contracts that do not meet the intent and purpose of this 28 policy shall be modified accordingly or not renewed. 29 30

31

Other School-Based Activities Designed to Promote Student Wellness

The District may implement other appropriate programs that help create a school environment that 32 conveys consistent wellness messages and is conducive to healthy eating and physical activity, such as 33 staff wellness programs, non-food reward system and fundraising efforts 34 35

36

Maintaining Student Wellness

The Superintendent shall develop and implement administrative rules consistent with this policy. Input 37 from teachers, parents/guardians, students, school food service program, the school Board, school 38 administrators, and the public shall be considered before implementing such rules. A sustained effort is 39 necessary to implement and enforce this policy. The Superintendent shall measure how well this policy is 40 being implemented, managed, and enforced. The Superintendent shall report to the Board, as requested, 41 on the District’s programs and efforts to meet the purpose and intent of this policy. 42 43 44

Legal Reference: PL 108-265 The Child Nutrition and WIC Reauthorization Act of 2004 45 46

Policy History: 47

Adopted on: 11/11 48

Reviewed on: 49 Revised on: 12/18/2013 50

HELENA FLATS SCHOOL DISTRICT R

= required

3000 SERIES STUDENTS

TABLE OF CONTENTS

Enrollment Under Exceptional Circumstances 3110 Entrance, Placement, and Transfer

3100-3100P

R 3120 Compulsory Attendance 3121 - 3121P Enrollment and Attendance Records 3122 Attendance Policy

R 3123 Attendance Policy Procedure-Truancy 3124 Military Waiver Compact

R 3125 Education of Homeless Children 3125F McKinney-Vento Homeless Assistance Dispute Resolution Form 3141 Discretionary Nonresident Student Attendance Policy 3200 Student Rights and Responsibilities

R 3210 Equal Education, Nondiscrimination and Sex Equity 3221 Student Publications 3224 Student Dress

R 3225-3225P Sexual Harassment/Intimidation of Students 3225F Harassment Reporting Form for Students

R 3226 Bullying/Harassment/Intimidation/Hazing 3231 - 3231P Searches and Seizure

R 3300 Suspension and Expulsion

R 3300P Corrective Actions and Punishment

R 3310 Student Discipline 3310P Discipline of Students With Disabilities 3310P1 Risk Assessments 3311 Firearms and Weapons 3312 Detention 3340 Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use 3413 Student Immunization

3413F1 Medical Exemption Form for Immunization 3413F2 Religious Exemption Form for Immunization 3415-3415P Management of Sports Related Concussions 3415F Student-Athlete Parent/Legal Custodian Concussion Statement 3416 Administering Medicines to Students 3416F Montana Authorization to Possess or Self-Administer Asthma, Severe Allergy, or Anaphylaxis Medication 3417 Communicable Diseases 3420 Head Lice 3431 Emergency Treatment 3431F Accident Report

3440 - 3440P Removal of Student During School Day 3510 School-Sponsored Student Activities

R 3520 Student Fees, Fines, and Charges 3530 Student Fund-Raising Activities

3600 - 3600P - 3600F1/F2 Student Records

R 3606 Transfer of Student Records

R 3608 Receipt of Confidential Records

R 3612 District-Provided Access to Electronic Information, Services, and Networks

R 3612P-F

Acceptable Use of Electronic Networks 3630 Cell Phones and Other Electronic Equipment 3630F Cell Phone Use Agreement Form

Helena Flats School District

Student Enrollment, Exceptional Circumstances Meriting Waiver of Age Requirements for Pupils

The administration shall ensure admission, enrollment and assignment of all qualifying children 8 referenced in this policy. The administration shall place children enrolled pursuant to this policy in either 9 a half-time or full-time kindergarten program as an integral part of the elementary school program. The 10 administration shall also ensure provision of a free appropriate public education in the least restrictive 11 environment possible, pursuant to terms of each student’s individualized education program, for all 12 children enrolled under this policy who are qualified for services under the Individuals with Disabilities 13 Education Act. 14 15

The administration shall include children enrolled pursuant to this policy in the district’s calculation of 16 average number belonging (ANB) as reported to OPI. 17 18

The Board of Trustees declares the following to be qualifying “exceptional circumstances” within the 19 meaning of that term as used in 20-5-101(3), that merit waiving the age provisions of 20-5-101(1), MCA 20 for qualifying children under 6 years of age: 21 22

1. A child at least 4 years of age with a disability qualifying the child for services under the federal 23 Individuals with Disabilities Education Act. 24

2. A child who is 4 years of age or older on or before September 10 of the school year in which 25 enrollment is to occur who: 26 a. Meets the income eligibility guidelines for free or reduced price meals under the National 27 School Lunch Program; 28 b. Is Limited English Proficient within the meaning of Title III of the federal Elementary 29 and Secondary Education Act; 30 31 c. Is Gifted and Talented within the meaning of that term as used in 20-7-901, MCA; 32 d. Is an enrolled member of a federally recognized American Indian Tribe; 33 e. Is homeless as defined in 42 U.S. Code § 11302, or, as determined by the administration, 34 exhibits other characteristics or lives in circumstances that are uncommon, unusual, 35 atypical, rare or otherwise distinguished from ordinary or typical which place the child at 36 risk of failing to achieve at adequate levels. 37 f. Does not meet the requirements of a. through e. but is recommended for enrollment by 38 administration in order to effectively use District resources. These students will be placed 39 on a first come first served basis. 40 41

Legal Reference: 42

Admittance of child to school 43

§ 20-5-101, MCA

§ 20-6-501, MCA Definition of various schools 44

§ 20-7-117, MCA Kindergarten and preschool programs 45

§ 20-9-309, MCA Basic system of free quality public 46 elementary and secondary schools defined 47 Individual with Disabilities Act Federal Rehabilitation Act of 1973 48 National School Lunch Act (Public Law 396, 79th congress, chapter 281, 2nd 49 session) 50

Title III, ESEA (English language Acquisition, language Enhancement, and 5 Academic Achievement Act) 6

MicKinney-Vento Homeless Assistance Act of 1987 (Pub. L. 100-77, July 22, 7 1987, 101 Stat. 482, U.S.C. § 11301 et seq. 8

Policy History: 9 Adopted on: 06/18/19 10 Reviewed on: 11 Revised on: 12

Student Enrollment, Exceptional Circumstances Meriting Waiver of Age Requirements for Pupils 5 6 7

When implementing Board Policy 3100, the District shall follow these procedures: 8 9

1. The administration shall review the criteria set forth in the Policy 3100 and make the preliminary 10 determination whether an individual student or class of students meets the criteria for exceptional 11 circumstances set forth therein; 12

2. The administration shall notify the parent(s)/legal guardian(s) of the administration’s 13 recommendation to the Board regarding the enrollment of the student(s) under the exceptional 14 circumstances meriting waiving of the age requirements; 15

3. The administration shall present the information to the Board for approval within _____ days of 16 making the preliminary determination; 17

4. In presenting the information to the Board, the administration shall either: (1) remove all 18 identifying information about the student(s) when presenting the information to the Board in 19 order to protect the privacy rights of the student under state and federal law, or (2) provide the 20 name(s) of the students(s) to the Board in a closed session with notice to the parent(s)/legal 21 guardian(s) that he/she/they have the right to attend the closed session; and 22

5. The Board shall make the final decision on the enrollment of students under the District’s 23 exceptional circumstances policy. 24 25 26

The trustees shall annually review this policy and procedure based on changing circumstances pertaining 27 to the criteria used for determination of the program. 28 29

Policy History: 30 Adopted on: 06/18/19 31 Reviewed on: 32 Revised on: 33 34

Helena Flats School District 1

STUDENTS 3110 3 page 1 of 2 4

Entrance, Placement, and Transfer 5 6

Entrance, Date, and Age 7

The trustees will enroll and admit a child to a school in the district when the child is 5 years of 8 age or older on or before the tenth (10th) day of September of the school year in which the child 9 is to enroll but is not yet 19 years of age who is a resident of the District. Parents may request a 10 waiver of the age requirement. All waivers are granted in the sole discretion of the Trustees. 11 Non-resident students may be admitted at the discretion of the Trustees. Children will be 12 enrolled in the grade identified in accordance with District policy or at the discretion of the of the 13 administration in consultation with the student’s parents or guardians. The District requires 14 proof of identity and an immunization record for every child to be admitted to District schools. 15 The trustees may at their discretion assign and admit a child to a school in the district who is 16 under 5 years of age or an adult who is 19 years of age or older if there are exceptional 17 circumstances that merit waiving the age provision. 18 19

School Entrance 20 21

1. The District requires that a student’s parents, legal guardian, or legal custodian present 22 proof of identity of the child1 to the school within forty (40) days of enrollment, as well 23 as proof of residence in the District. Students who are not residents of the District may 24 apply for admission pursuant to Policy 3141. 25 26

2. To be admitted to District schools, in accordance with the Montana Immunization Law, a 27 child must have been immunized against varicella, diphtheria, pertussis, tetanus, 28 poliomyelitis, rubella, mumps, and measles in the manner and with immunizing agents 29 approved by the department. Immunizations may not be required if a child qualifies for 30 conditional attendance or an exemption is filed as provided by Montana law. 31 32

3. The above requirements are not to serve as barriers to immediate enrollment of students 33 designated as homeless or foster children as required by the Every Student Succeeds Act 34 (ESSA) and the McKinney-Vento Act as amended by ESSA. The District shall work 35 with the local child welfare agency, the school last attended, or other relevant agencies to 36 obtain necessary enrollment documentation and ensure a student receives education 37 services in the best interests of the child. The Superintendent or designee shall serve as 38 point of contact with all applicable agencies to review records, facilitate services and 39 resolve disputes. 40 41

Placement 42 43

The District goal is to place students at levels and in settings that will increase the probability of 44 student success. Developmental testing, together with other relevant criteria, including but not 45 limited to health, maturity, emotional stability, and developmental disabilities, may be 46

1 For the purposes of this section “proof of identity” means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity. 44-2-511(6)(a), MCA

considered in the placement of all students. Final disposition of all placement decisions rests 4 with the principal, subject to review by the Superintendent or the Board. 5 6

Transfer 7 8

District policies regulating the enrollment of students from other accredited elementary and 9 secondary schools are designed to protect the educational welfare of children. 10 11

Grades (K-8): A student transferring into the District will be admitted and placed 12 subject to observation by appropriate teachers and a building principal during a probation period 13 of two (2) weeks. Thereafter, should doubt arise as to initial grade and level placement of a 14 student, school personnel will conduct an educational assessment to determine appropriate grade 15 and level placement. 16 17

The District will follow Montana Accreditation Rules and Standards, along with local alternate 18 procedures for earning credit, in reviewing requests for transfer of credits. High school 19 principals have authority for approving credit transfers, subject to review by the Superintendent 20 or the Board. 21 22

Legal Reference: § 20-5-101, MCA Admittance of child to school 23 § 20-5-403, MCA Immunization required – release and 24 acceptance of immunization records 25

§ 20-5-404, MCA Conditional attendance 26 § 20-5-405, MCA Medical or religious exemption 27 § 20-5-406, MCA Immunization record 28 § 44-2-511, MCA School enrollment procedure 29 10.16.3122, ARM Local Educational Agency Responsibility 30 For Students with Disabilities 31 10.55.601, et seq., ARM Accreditation Standards: Procedures 32 Policy History: 33 Adopted on: 12/18/2013 34 Reviewed on: 35 Revised on: 9/15/15, 9/19/17, 06/18/19, 01/20/20 36 37

Compulsory Attendance 4 5

To reach the goal of maximum educational benefits for every child requires a regular continuity of 6 instruction, classroom participation, learning experiences, and study. Regular interaction of students with 7 one another in classrooms and their participation in instructional activities under the tutelage of competent 8 teachers are vital to the entire process of education. This established principle of education underlies and 9 gives purpose to the requirement of compulsory schooling in every state in the nation. A student’s regular 10 attendance also reflects dependability and is a significant component of a student’s permanent record. 11 12

Parents or legal guardians or legal custodians are responsible for seeing that their children who are age 13 seven (7) or older before the first (1st) day of school attend school until the later of the following dates: 14 15

1. Child’s sixteenth (16th) birthday; or 16

2. Completion date of the work of eighth (8th) grade. 17 18 The provisions above do not apply in the following cases: 19 20

(a) The child has been excused under one of the conditions specified in 20-5-102 21

(b) The child is absent because of illness, bereavement, or other reason prescribed by the 22 policies of the trustees. 23 (c) The child has been suspended or expelled under the provisions of 20-5-202 24 (d) The child is excused pursuant to Section 2 of 20-5-103. 25 26

Compulsory attendance stated above will not apply when children: 27 28

1. Are provided with supervised correspondence or home study; or 29

2. Are excused because of a determination by a district judge that attendance is not in the best 30 interests of the child; or 31

3. Are enrolled in a non-public or home school; or 32 4. Are enrolled in a school in another district or state; or 33 5. Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the 34 best interests of the child and the school. 35 36

Legal Reference: § 20-1-308, MCA Religious instruction released time program 37

§ 20-5-101, MCA Admittance of child to school 38

§ 20-5-102, MCA Compulsory enrollment and excuses 39

§ 20-5-103, MCA Compulsory attendance and excuses 40

§ 20-5-104, MCA Attendance officer 41

§ 20-5-106, MCA Truancy 42

§ 20-5-107, MCA Incapacitated and indigent child attendance 43

§ 20-5-108, MCA Tribal agreement with district for Indian child 44 compulsory attendance and other agreements 45

§ 20-5-202, MCA Suspension and Expulsion 46

Policy History: 47

Adopted on: 01/12/10 48

Reviewed on: 12/18/2013 49 Revised on: 50

Since accurate enrollment and attendance records are essential both to obtain state financial 7 reimbursement and to fulfill the District’s responsibilities under the attendance laws, staff shall 8 be diligent in maintaining such records. 9 10

A district may only include, for ANB purposes, any student who participates in pupil instruction 11 as defined in Section 20-1-101(17), MCA and for whom ANB may be claimed under Title 20, 12 including but not limited to an enrolled student who is: 13 14

• A resident of the district or a nonresident student admitted by trustees under a student 15 attendance agreement and who is attending a school of the district; 16 17

• Unable to attend school due to a medical reason certified by a medical doctor and 18 receiving individualized educational services supervised by the district, at district 19 expense, at a home or facility that does not offer an educational program; 20 21

• Unable to attend school due to the student’s incarceration in a facility, other than a youth 22 detention center, and who is receiving individualized educational services supervised by 23 the district, at district expense, at a home or facility that does not offer an educational 24 program; 25 26

• Living with a caretaker relative under Section 1-1-215, MCA; 27 28

• Receiving special education and related services, other than day treatment, under a 29 placement by the trustees at a private nonsectarian school or private program if the 30 student’s services are provided at the district’s expense under an approved individual 31 education plan supervised by the district; 32 33

• Participating in the Running Start Program at district expense under Section 20-9-706, 34 MCA; 35 36

• Receiving education services, provided by the district, using appropriately licensed 37 district staff at a private residential program or private residential facility licensed by the 38 Department of Public Health and Human Services; 39 40

• Enrolled in an educational program or course provided at district expense using electronic 41 or offsite delivery methods, including but not limited to tutoring, distance learning 42 programs, online programs, and technology delivered learning programs, while attending 43 a school of the district or any other nonsectarian offsite instructional setting with the 44 approval of the trustees of the district; 45 46

• A student of the district completing work on a proficiency basis in accordance with 4 Sections 20-9-311(4)(d) and 20-9-324(18)(b), MCA; 5 6

• A student gaining credit for participating in a work-based learning program pursuant to 7 [New Section 8] of Chapter 247, Laws of 2021 and Policy 2600; 8 9

• A student participating in an “innovative educational program” as defined in Section 15- 10 30-3102, MCA; 11 12

• A resident of the district attending a Montana job corps program under an interlocal 13 agreement with the district under Section 20-9-707, MCA; or 14 15

• A resident of the district attending a Montana Youth Challenge Program under an 16 interlocal agreement with the district under Section 20-9-707, MCA. 17 18

• A student with a disability who is over 19 years old but under 21years of age, has been 19 enrolled by the Board of Trustees in accordance with Policy 3110, and qualifies in 20 accordance with Section 20-9-311(7), MCA, to remain enrolled and be served by schools, 21 if the following criteria are satisfied: 22 23

• the student has not graduated; 24 25

• the student is eligible for special education services and is likely to be eligible for 26 adult services for individuals with developmental disabilities due to the 27 significance of the student's disability; and 28 29

• the student's individualized education program has identified transition goals that 30 focus on preparation for living and working in the community following high 31 school graduation since age 16 or the student's disability has increased in 32 significance after age 16. 33 34

In order for a student who is served through distance learning or offsite delivery methods to be 35 included in the calculation of average number belonging, the student must meet one or more of 36 the conditions for participating in offsite instruction pursuant to Section 20-7-118, MCA. 37 38

Enrollment for Purposes of Participation in Extracurricular Activities By an Unenrolled Child or 39 Part Time Enrolled Student 40 41

The District shall include for ANB purposes a child who during the prior school year: 42 a. resided in the District; 43 b. was not enrolled in the District or was not enrolled full time; and 44 c. completed an extracurricular activity with a duration of at least 6 weeks in accordance 45 with Policy 3510. 46

Each completed extracurricular activity that, inclusive of practices and post-season tournaments, 4 lasts 6 weeks or longer shall be counted as one-sixteenth enrollment. Each completed 5 extracurricular activity lasting longer than 18 weeks may be counted as one-eighth enrollment. A 6 child may not be counted as more than one full-time enrollment for ANB purposes. 7 8

For purposes of calculating ANB under this section, "extracurricular activity" means: 9 a. a sport or activity sanctioned by an organization having jurisdiction over interscholastic 10 activities, contests, and tournaments; 11 b. an approved career and technical student organization, pursuant to Section 20-7-306, 12 MCA; or 13 c. a school theater production. 14 15

Homeless Youth and Foster Children 16 Assignment to schools shall be subject to modification when federal law applicable to students 17 placed in foster care or students who are homeless requires that such students be educated in a 18 “school of origin” that differs from the assigned school. 19 20 21

Cross References: Policy 3510 School Sponsored Activities 22 Policy 2600 Work Based Learning 23 24

Legal Reference: § 1-1-215, MCA Residence – rules for determining 25 § 20-9-311, MCA Calculation of average number belonging (ANB) 26 three-year averaging. 27

§ 20-9-706, MCA Running start program – authorizing class credits at 28 postsecondary institution – eligibility – payment for 29 credits 30

§ 20-9-707, MCA Agreement with Montana youth challenge program 31 or accredited Montana job corps program 32 29 U.S.C. 794 Nondiscrimination under Federal grants 33 and programs 34

34 CFR 300.1, et seq. Assistance to states for the education of children 35 with disabilities 36

Chapter 297 2021 General Legislative Session 37 Chapter 269 2021 General Legislative Session 38

Chapter 247 2021 General Legislative Session 39 Chapter 406 2021 General Legislative Session 40 41 42

Policy History: 43 Adopted on: 12/18/2013 44 Reviewed on: 45 Revised on: 9/19/17, 9/21/21 46

Helena Flats School District

STUDENTS

Enrollment and Attendance Records 5 6

Average Number Belonging 7 8

Average Number Belonging (ANB) is the enrollment measure used for the State Foundation 9 Program calculations as defined in § 20-9-311, MCA. The ANB of one year is based on the 10 attendance records of the preceding year. Funding for districts is based on ANB, which is based 11 on “aggregate hours” per year and must be accurate. “Aggregate hours” means the hours of 12 pupil instruction for which a school course or program is offered or for which a pupil is enrolled. 13 14

For a child to be counted for ANB purposes: 15 16 a) The child must meet the definition of pupil as found in § 20-1-101(11), MCA; 17 18 b) Attending 181 to 359 aggregate hours = One-quarter time enrollment 19 20 c) Attending 360 to 539 aggregate hours = One-half time enrollment 21 22 d) Attending 540 to 719 aggregate hours = Three-quarter time enrollment 23 24 e) Attending 720 aggregate hours or more = Full-time enrollment 25 26

A school district may include in its calculation of ANB a pupil who is enrolled in a program 27 providing fewer than the required aggregate hours of pupil instruction required under subsection 28 20-9-311(4)(a) or (4)(b) if the pupil had demonstrated proficiency in the content ordinarily 29 covered by the instruction as determined by the school board using district assessments. The 30 ANB must be converted to an hourly equivalent based on the hours of instruction ordinarily 31 provided for the content over which the student has demonstrated proficiency. 20-9-311(4)(d). 32 33

Homebound Students 34 35

Students who are receiving instructional services, who were in the education program and, due to 36 medical reasons certified by a medical doctor, are unable to be present for pupil instruction, may 37 be counted as enrolled for ANB purposes, if the student: 38 39

a) Is enrolled and is currently receiving organized and supervised pupil instruction; 40 41 b) Is in a home or facility which does not offer a regular educational program; and 42 43 c) Has instructional costs during the absence, which are financed by the District’s general 44 fund. 45 46

If a homebound student does not meet the criteria set forth above, the District may request a 4 variance through the Office of Public Instruction, for consideration of the student in the 5 enrollment count for ANB purposes beyond the tenth (10th) day of absence. 6 7

Attendance Accounting 8 9 Days present and absent for every student are to be recorded in each building, for the purpose of 10 informing parents of a student’s attendance record. 11 12

On the first (1st) Monday in October and the first (1st) Monday in February, the number of all 13 enrolled students (whether present or absent) by grade level and class will be recorded on the 14 forms provided by the District. Special education children who are enrolled in special programs 15 sixteen (16) hours or more a week will be listed separately. The Director of Special Education 16 should be contacted to verify this count. Monthly student counts of enrolled children by grade 17 and classroom will be provided by the office. 18 19 20 21

Legal Reference: 10.20.102, ARM Calculation of Average Number Belonging (ANB) 22 § 20-1-101, MCA Definitions 23 § 20-9-311, MCA Calculation of average number belonging (ANB) – 24 three- year averaging 25 26

Procedure History: 27 Promulgated on: 12/18/2013 28 Reviewed on: 29 Revised on: 9/15/15, 8/9/16 30

Attendance Policy

To reach the goal of maximum educational benefits for each child requires a regular continuity 7 of instruction, classroom participation, learning experiences, and study. Regular interaction of 8 students with one another in the classroom and their participation in instructional activities under 9 the tutelage of competent teachers are vital to the entire process of education. This established 10 principle of education underlies and gives purpose to the requirement of compulsory schooling in 11 every state in the nation. The good things schools have to offer can only be presented to students 12 in attendance. 13 14

Specific regulations on attendance, absences, and tardies can be found in the student handbook. 15 16

Policy History: 17 Adopted on: 01/21/2014 18 Reviewed on: 19 Revised on: 20

Helena Flats School District

Attendance Policy - Truancy

Students are expected to attend all assigned classes each day. Teachers shall keep a record of absence and 7 tardiness. Before the end of the school day, each school shall attempt to contact every parent, guardian, 8 or custodian whose child is absent from school but who has not reported the child as absent for the school 9 day, to determine whether the parent, guardian, or custodian is aware of the child’s absence from school. 10 11

For the purpose of this policy “truant” or “truancy” means the persistent non-attendance without excuse, 12 as defined by this policy, for all or any part of a school day equivalent to the length of one class period of 13 a child required to attend a school under 20-5-103. “Habitual truancy” means recorded unexcused 14 absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year. 15 16

The Helena Flats School district’s definition of non-attendance without excuse is stated in the respective 17 student handbooks. 18 19

The Helena Flats School district has appointed the Superintendent as the attendance officer. If the district 20 does not appoint an attendance officer, the county superintendent must be the attendance officer. 21 22

Upon the board designating one or more of its staff as the attendance officer(s), the attendance officer(s) 23 shall have the powers and duties as stated in 20-5-105(1) (Section 2), MCA. 24 25 26

Legal Reference: § 20-5-103, MCA Compulsory attendance and excuses 27

§ 20-5-104, MCA Attendance officer 28

§ 20-5-105, MCA Attendance officer – powers and duties 29

§ 20-5-106, MCA Truancy 30

§ 20-5-107, MCA Incapacitated and indigent child attendance 31

§ 41-5-103(22), MCA Definitions 32

Policy History: 33 Adopted on: 01/21/2014 34 Reviewed on: 35 Revised on: 36

Adopted on: 10/10/17

Reviewed on: 4

3124-R

STUDENTS Revised on: 5 6

Page 1 of 5 7

Military Compact Waiver 8 9

The State of Montana is one of numerous states across the country that is a member of the 10 Interstate Compact on Educational Opportunity for Military Children. As a school district within 11 the State of Montana subject to the laws of the State of Montana, the District shall follow the 12 requirements of the Compact for students who enroll at the District for whom the Compact 13 applies. 14 15

Purpose 16 17

The purpose of the Interstate Compact on Educational Opportunity for Military Children is to 18 remove barriers to educational success for children of military families due to frequent relocation 19 and deployment of their parents. The Compact facilitates educational success by addressing 20 timely student enrollment, student placement, qualification and eligibility for programs 21 (curricular, co-curricular, and extra-curricular), timely graduation, and the facilitation of 22 cooperation and communication between various member states’ schools. 23 24

Applicability 25 26

This Compact applies only to children of: 27 28

1. Active duty members of the uniformed services as defined in the Compact, including 29 member of the national guard and reserve on active duty orders pursuant to 10 U.S.C., 30 12301(d) and 12304; 31 32

2. Members of the veterans of the uniformed services who are severely injured and 33 medically discharged or retired for a period of 1 year after medical discharge or 34 retirement; and 35 36

3. Members of the uniformed services who die on active duty or as a result of injuries 37 sustained on active duty for a period of 1 year after death. 38 39

Educational Records and Enrollment 40 41

1. Hand Carried/Unofficial Educational Records: In the event that official educational 42 records cannot be released to a parent for the purpose of school transfer, the custodian of 43 records from the sending school shall prepare and furnish to the parent a complete set of 44 unofficial educational records containing uniform information as determined by the 45 Interstate Commission. 46 47

Upon receipt of the unofficial educational records, the District shall enroll and 4 appropriately place the student based upon the information the school receives in the 5 unofficial educational records, pending validation by the official records, as soon as 6 possible. 7 8

2. Official Educational Records/Transcripts: At the time of enrollment and conditional 9 placement of a qualifying student at the District, the District shall request the student’s 10 official educational records from their last school of attendance. 11 12

A school receiving such a request shall process the official educational records request 13 and furnish such within a period of ten (10) days, or within the timeline determined to be 14 reasonable by the Interstate Commission. 15 16

3. Immunizations: The District shall provide a period of thirty (30) days from the date of 17 enrollment, or such other time frame as determined by the rules of the Interstate 18 Commission, within which students may obtain any immunizations required by the 19 District. Where the District’s requirements include a series of immunizations, initial 20 vaccinations must be obtained within thirty (30) days, or within the timeline determined 21 to be reasonable by the Interstate Commission. 22 23

4. Kindergarten and First Grade Entrance Age: Students shall be allowed to continue 24 their enrollment at grade level at the District, commensurate with their grade level from 25 their receiving school, including kindergarten, at the time of transition. However, the 26 provisions of Montana Code 20-5-101 regarding trustees enrolling a child in kindergarten 27 or in first grade whose fifth (5th) or sixth (6th) birthday occurs on or before the tenth (10th) 28 day of September of the school year in which the child is to enroll but is not yet 19 years 29 of age, shall continue to apply. 30 31

A student who has satisfactorily completed the prerequisite grade level in the sending 32 school shall be eligible for enrollment in the next highest grade level in the District, at the 33 receiving school, regardless of age. 34 35

A student who is transferring into the District after the start of the school year shall enter 36 the District on the student’s validated grade level from an accredited school in the 37 sending state. 38 39

Placement and Attendance 40 41

1. Course Placement: Upon transfer of a qualifying student, the receiving District shall 42 place the student in courses consistent with the student’s courses in the sending school 43 and/or the school’s educational assessments. 44 45 46

Course placement includes, but is not limited to honors, international baccalaureate, 4 advanced placement, vocational, technical, and career pathways courses. 5 6

Continuing the student’s academic program from the previous school and promoting 7 placement in academically and career challenging courses should be paramount when 8 considering placement. This requirement does not preclude the District from performing 9 subsequent evaluations to ensure appropriate placement and continued enrollment of the 10 student in the course(s). 11 12

2. Educational Program Placement: The District shall initially honor placement of the 13 student in educational programs based on current educational assessments conducted at 14 the sending school or participation/placement in similar programs at the sending school. 15 16

Educational program placement includes, but is not limited to, gifted and talented 17 programs and English as a second language. This requirement does not preclude the 18 District from performing subsequent evaluations to ensure appropriate placement of the 19 student. 20 21

3. Special Education Services: In compliance with the federal requirements of the 22 Individuals with Disabilities Education Act, the District, as the receiving school, shall 23 initially provide comparable services to a student with disabilities based on his or her 24 current Individual Education Plan. 25 26

In compliance with Section 504 of the Rehabilitation Act and with Title II of the 27 Americans with Disabilities Act, the District, as the receiving school, shall make 28 reasonable accommodations and modifications to address the needs of incoming students 29 with disabilities consistent with his or her existing 504 or Title II Plan. 30 31

This does not preclude the District, as the receiving school, from performing subsequent 32 evaluations to ensure appropriate placement and/or accommodations are made for the 33 student. 34 35

4. Placement Flexibility: The District’s Administration shall have the flexibility to waive 36 course/program prerequisites or other preconditions for placement in courses/programs 37 offered by the receiving District. 38 39

5. Absences Relating to Deployment Activities: A student whose parent/legal guardian is 40 an active duty member of the uniformed services and has been called to duty for, is on 41 leave from, or immediately returned from deployment in a combat zone or combat 42 support position, shall be granted additional excused absences at the discretion of the 43 District’s Superintendent to visit with his or her parent/legal guardian relative to such 44 leave or deployment of the parent/guardian. 45 46

1. Eligibility for Enrollment: A Special Power of Attorney pertaining to the guardianship 5 of a student of a military family and executed under applicable law shall be sufficient for 6 the purposes of enrollment and all other actions requiring parental participation and 7 consent. 8 9

The receiving District shall not charge tuition to a transitioning military student placed in 10 the care of a noncustodial parent or other person standing in loco parentis who lives in a 11 jurisdiction other than that of the custodial parent. 12 13

A transitioning military student, placed in the care of a noncustodial parent or other 14 person standing in loco parentis who lives in a jurisdiction other than that of the custodial 15 parent, may continue to attend the school in which he or she was enrolled when residing 16 with the custodial parent. 17 18

2. Eligibility for Extra-Curricular Activity Participation: The District shall facilitate the 19 opportunity for transitioning military students’ inclusion in extracurricular activities, 20 regardless of application deadlines, to the extent the student is otherwise qualified. 21 22

Graduation 23 24

In order to facilitate the on-time graduation of children of military families, the receiving District 25 shall incorporate the following procedure: 26 27

1. Graduation Course Requirements – Waiver: The receiving District’s Administration, 28 through the Superintendent or designee, shall waive specific courses that are required for 29 graduation if similar coursework has been satisfactorily completed at another school. 30 31

If the District does not waive the specific course requirement for graduation, the District 32 shall provide a reasonable justification for the denial. This justification shall be provided 33 to the parent/legal guardian in writing. 34 35

If the receiving District does not waive the specific course requirement for graduation 36 and the student would have otherwise qualified to graduate from the sending school, the 37 receiving District shall provide an alternative means of acquiring required course work to 38 ensure that the student’s graduation will occur on time. 39 40

2. Exit Exams: In lieu of testing requirements required for graduation at the receiving 41 District, the District and the State of Montana shall accept any or all of the following: 42 43

A. Exit exams or end-of-course exams required for graduation from the sending 44 school; 45

B. National norm-referenced achievement tests; or 46

C. Alternative testing. 4 5

In the event the above alternatives cannot be accommodated by the receiving District for 6 a student transferring during his or her senior year, subsection 3, below, shall apply. 7 8

3. Transfer During Senior Year of High School: Should a military student transferring at 9 the beginning of or during the senior year be ineligible to graduate from the receiving 10 District after all alternatives have been considered, the sending school and the receiving 11 District shall ensure the receipt of a diploma from the sending school if the student meets 12 the graduation requirements of the sending school. 13 14

In the event that one of the states in question is not a member of this Compact, the 15 member state shall use best efforts to facilitate the on-time graduation of the student. 16 17

Conflicts 18 19

All state laws and District policies that conflict with this policy and/or in conflict with the 20 Compact are superseded to the extent of the conflict. 21 22 Cooperation 23 24

The receiving District, through its administration, shall timely cooperate with all state agency 25 inquiries and other District/school inquiries relating to a student who is covered by the Compact. 26 27 28

Cross Reference: 2333 Participation in Commencement Exercises 29 2410 – 2410P High School Graduation Requirements 30 2413 Credit Transfer and Assessment for 31 Placement 32 3110 Entrance, Placement, and Transfer 33 34

Legal Reference: 20-1-230, MCA Enactment – interstate Compact on 35 Educational Opportunity for Military 36 Children - provisions 37 38

Education of Homeless Children

Every child of a homeless individual and every homeless child are entitled to equal access to the same 7 free, appropriate public education as provided to children with permanent housing. The District must 8 assign and admit a child who is homeless to a District school regardless of residence and irrespective of 9 whether the homeless child is able to produce records normally required for enrollment. The District may 10 not require an out-of-District attendance agreement and tuition for a homeless child. 11 12

Should a child become homeless over the course of the school year, the child must be able to remain at 13 the school of origin, or be eligible to attend another school in the district. 14 15

The Superintendent will review and revise as necessary rules or procedures that may be barriers to 16 enrollment of homeless children and youths. In reviewing and revising such procedures, the 17 Superintendent will consider issues of transportation, immunization, residence, birth certificates, school 18 records, and other documentation. 19 20

Homeless students will have access to services comparable those offered to other students, including but 21 not limited to: 22

1. Transportation services; 23

2. Educational services for which a student meets eligibility criteria (e.g., Title I); 24

3. Educational programs for children with disabilities and limited English proficiency; 25

4. Programs in vocational and technical education; 26

5. Programs for gifted and talented students; and 27

6. School nutrition program. 28

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless 29 children and youths not currently attending school. The Superintendent will appoint a liaison for 30 homeless children. 31 32

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless 33 children and youths not currently attending school. The Superintendent will appoint a liaison for 34 homeless children. A “homeless individual” is defined as provided in the McKinney Homeless 35 Assistance Act. 36 37

Anyone having a concern or complaint regarding placement or education of a homeless child will first 38 present it orally and informally to the District homeless liaison. To further ensure that the District is 39 removing barriers to the educational access and success of children and youths who are homeless, and to 40 ensure that Title 1 funding is expended in an appropriate manner, the District has adopted the dispute 41 resolution form at 3125F 42 43

Cross Reference: 1700 Uniform Complaint Procedure 44 3125F McKinney-Vento Homeless Educational Assistance Dispute 45 Resolution Form 46 47

Legal Reference: 42 U.S.C. §§42 U.S.C. § 11301 et seq 11431, et seq. 48 McKinney Homeless Assistance Act 49 § 20-5-101, MCA Admittance of child to school 50

Policy History: 2 Adopted on: 12/18/2013 3 Reviewed on: 4 Revised on: 9/19/17, 8/2019 5

Helena Flats School District

Adopted on: 9/19/17 Reviewed on: 3125F STUDENTS Revised on:

MCKINNEY-VENTO HOMELESS EDUCATION ASSISTANCE DISPUTE RESOLUTION FORM

School District Helena Flats Liaison _____________________ Telephone __________________

Date of first contact by homeless individual, guardian, or representative ____________

Homeless Student’s Name Describe the issue(s) in question ___________________________________________

School District Contact _____________________ Telephone __________________ (Superintendent/Principal)

Date _______________ (within 7 business days) Resolution of Liaison/School District Level (describe below) or Forwarded to OPI Homeless Coordinator [please contact at (406) 444-2036)

Date _______________ (within 15 business days) Resolution to OPI Homeless Coordinator Level (describe below) or Forwarded to Superintendent of Public Instruction

Describe Resolution Results _____________________________________________

Homeless Coordinator Signature

This form must be filed with Heather Denny Homeless Coordinator

Office of Public Instruction Po Box 202501 Helena, MT 59620-2501

Helena Flats School District

Non-Resident Student(s) Admission Policy/Procedure 5 6

An out-of-district student is defined as any student who resides outside the legal school 7 boundaries of the Helena Flats School District #15. Out-of-district students who are accepted 8 into Helena Flats School shall be accorded all rights and privileges of students who live within 9 the boundaries of Helena Flats School. However, out-of-district students are guests in the 10 district. Thus, out-of-district students, who are a continuous discipline problem, or exhibit 11 chronic attendance problems, may be asked to withdraw immediately from Helena Flats and 12 return to their home district/school. This decision would result only after consultation between 13 the administrator, the student and the parents. 14 15

Non-Resident students must make application annually. Continued enrollment in Helena Flats 16 School will include continued adherence to school rules and regulations. Generally allowing a 17 pupil to continue their education in the same school environment is in the best interest of the 18 student. However, the district will annually assess the capacity of specific grade levels and 19 programs to assure a reasonable class size is maintained. This annual assessment may 20 necessitate the rejection of an out-of-district student’s attendance for the subsequent year. 21 22

Admission Procedures 23

The Helena Flats School District will accept new non-resident applications each year with 24 preference given to siblings already enrolled in the district. 25 26

Any student desiring to continue attending Helena Flats School from an out-of-district school 27 and any new out-of district student applying for admission must meet certain criteria as listed 28 below: 29 30

1. Request, complete and submit a new Non-Resident Enrollment Application. 31

2. Disclosure of important information pertaining to the potential student. 32

3. A copy of the student’s latest report card must be attached with the application. 33 34

The following criteria will be utilized in rejecting out-of-district students under ordinary 35 conditions: 36 37

1. Students with a record of drug, alcohol and/or tobacco abuse. 38

2. Students suspected of being involved with weapons, explosives, or gang activities. 39

3. Students who have a record of fighting, or are incorrigible. 40

4. Students who have been suspended. 41

5. Students who have a record of continuous discipline problems or have exhibited chronic 42 attendance problems. 43

6. Students who have undergone, or are undergoing formal juvenile court proceedings as a 44 violator of the law. 45 46

7. Students who have committed vandalism and/or theft. 4

8. Students residing in the Helena Flats School District will be admitted prior to out-of- 5 district students. If after new students are enrolled, the school or grade level will exceed 6 maximum building capacity, as listed below, the student requesting new or continuing 7 out-of-district application may be rejected. However, after formal notification of 8 acceptance for the year, the non-resident student will be allowed to finish that academic 9 school year. 10

• Kindergarten through Grade 3 – 20 11

• Grade 4 – 28 12

• Grades 5 through 8 – 30 13 14

9. Students who move from the district during the year must make application to continue 15 the school year as a non-resident. 16

10. Students/parents who falsify or misrepresent any information on the application will be 17 asked to withdraw immediately after the school becomes aware of their actions. 18

11. When the district reaches its capacity to provide emotional support services such as 19 counseling to students currently enrolled, non-resident students who require those 20 services will be denied enrollment. 21 22

Exceptions to the above, capacity limits or ratios, in prioritized form, shall include the following: 23

1. Out-of-district pupils whose parents are employed by Helena Flats School. 24

2. Students who reside out of the district, but whose parents own property in the district and 25 have plans to build a residence on that property. These students will be recognized as a 26 student who resides in the district however parents still must file and out-of-district 27 enrollment form. If at the end of one year, the residence is still not completed, the 28 student’s status will be reviewed. 29 30

Admission of non-resident students is at the sole discretion of the board. 31 32

Policy History: 33

Adopted on: November 10, 1009 34 Reviewed on: 12/18/2013 35 Revised on: June 17, 2010 36 37

Helena Flats School District

Student Rights and Responsibilities 5 6

The District recognizes fully that all students are entitled to enjoy the rights protected under 7 federal and state constitutions and law for persons of their age and maturity in a school setting. 8 The District expects students to exercise these rights reasonably and to avoid violating the rights 9 of others. The District may impose disciplinary measures whenever students violate the rights of 10 others or violate District policies or rules. 11 12 13 14

Cross Reference: 3231 Searches and Seizure 15 3310 Student Discipline 16 17

Legal Reference: § 20-4-302, MCA Discipline and punishment of pupils – definition of 18 corporal punishment – penalty – defense 19 § 20-5-201, MCA Duties and sanctions 20 Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969) 21 22

Policy History: 23 Adopted on: 09/08/09 24 Reviewed on: 12/18/2013 25 Revised on: 26

Helena Flats School District

Equal Education, Nondiscrimination and Sex Equity 5 6

The District will make equal educational opportunities available for all students without regard 7 to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical 8 or mental handicap or disability, economic or social condition, or actual or potential marital or 9 parental status. 10 11 No student will be denied equal access to programs, activities, services, or benefits or be limited 12 in the exercise of any right, privilege, or advantage, or denied equal access to educational and 13 extracurricular programs and activities. 14 15

Inquiries regarding discrimination or intimidation should be directed to the District Title IX 16 Coordinator. Any individual may file a complaint alleging violation of this policy, Policy 3200- 17 Student Rights and Responsibilities, Policy 3225-Sexual Harassment/Intimidation of Students, or Policy 18 3226-Bullying/Harassment/Intimidation/Hazing by following those policies or Policy 1700-Uniform 19 Complaint Procedure. 20 21

The District, in compliance with federal regulations, will notify annually all students, parents, 22 staff, and community members of this policy and the designated coordinator to receive inquiries. 23 This annual notification will include the name and location of the coordinator and will be 24 included in all handbooks. 25 26

The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence 27 against students, staff, or volunteers with disabilities. The District will consider such behavior as 28 constituting discrimination on the basis of disability, in violation of state and federal law. 29 30

Cross Reference: 1700 Uniform Complaint Procedure 31 3200 Student Rights and Responsibilities 32 3225 Sexual Harassment/Intimidation of Students 33 3226 Bullying/Harassment/Intimidation/Hazing 34 35

Legal Reference: Art. X, Sec. 7, Montana Constitution- Nondiscrimination in education 36 § 49-2-307, MCA Discrimination in education 37 24.9.1001, et seq., ARM Sex Discrimination in Education 38 Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq. 39 34 CFR Part 106 Nondiscrimination on the basis of sex in 40 education programs or activities receiving 41 Federal financial assistance 42 43

Policy History: 44 Adopted on: 12/18/2013 45 Reviewed on: 46 Revised on: 9/19/17 47

Student publications produced as part of the school’s curriculum or with the support of student 7 body funds are intended to serve both as vehicles for instruction and student communications. 8 They are operated and substantively financed by the student body and the District. 9 10

Material appearing in such publications should reflect all areas of student interest, including 11 topics about which there may be controversy and dissent. Controversial issues may be presented 12 provided they are treated in depth and represent a variety of viewpoints. Such materials may not 13 be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade 14 the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the 15 violation of the law. They may not advertise tobacco, nicotine, liquor, illicit drugs or drug 16 paraphernalia. 17 18

The Superintendent shall develop guidelines to implement these standards and shall establish 19 procedures for the prompt review of any materials which appear not to comply with the 20 standards. 21 22 23 24

Policy History: 25 Adopted on: 11/11 26 Reviewed on: 12/18/2013 27 Revised on: 28

The District recognizes that a student’s choice of dress and grooming habits demonstrate 7 personal style and preference. The District has the responsibility to ensure proper and appropriate 8 conditions for learning, along with protecting the health and safety of its student body. Even 9 though the schools will allow a wide variety of clothing styles, dress and grooming must not 10 materially or substantially disrupt the educational process of the school or create a health or 11 safety hazard for students, staff, or others. 12 13

Building administrators shall establish procedures for the monitoring of student dress and 14 grooming in school or while engaging in extracurricular activities. Specific regulations shall be 15 published annually in student handbooks. 16 17 18 19

Policy History: 20 Adopted on: 10/10 21 Reviewed on: 12/18/2013 22 Revised on: 23

Helena Flats School District

STUDENTS 3225 3 page 1 of 2 4

Sexual Harassment, Sexual Intimidation and Sexual Misconduct 5 6

Sexual harassment, sexual intimidation, and sexual misconduct are forms of discrimination and 7 are prohibited. An employee, District agent, or student engages in sexual harassment, sexual 8 intimidation, and sexual misconduct whenever that individual makes unwelcome advances, 9 requests sexual favors, or engages in other verbal, non-verbal, electronic or physical contact or 10 conduct of a sexual or sex-based nature, imposed on the basis of sex, that: 11 12

1. Denies, deprives, or limits the provision of educational aid, benefits, services, 13 opportunities, or treatment, or that makes such conduct a condition of a student’s 14 academic status; or 15 16 2 Has the purpose or effect of: 17 18

a. Substantially interfering with a student’s educational environment; 19 20 b. Creating an intimidating, hostile, or offensive educational environment; 21 22

c. Denying, depriving, or limiting the provision of educational aid, benefits, 23 services, opportunities, or treatment; or 24 25

d. Making submission to or rejection of such unwelcome conduct the basis for 26 academic decisions affecting a student. 27 28

Sexual harassment, sexual intimidation and sexual misconduct prohibited by this policy includes 29 verbal, electronic, or physical contact or conduct. The terms “intimidating,” “hostile,” 30 “misconduct,” and “offensive” include conduct that has the effect of humiliation, embarrassment, 31 or discomfort. Examples of sexual harassment, sexual intimidation, and sexual misconduct 32 include but are not limited to unwelcome or forceful physical touching, crude jokes or pictures, 33 discussions of sexual experiences, pressure or requests for sexual activity or favors, intimidation 34 by words, actions, insults, or name calling, teasing related to sexual characteristics, and 35 spreading rumors related to a person’s alleged sexual activities. The District will evaluate sexual 36 harassment, sexual intimidation, and sexual misconduct in light of all circumstances. 37 38

Students who believe that they may have been sexually harassed, intimidated, or been subjected 39 to sexual misconduct should consult a counselor, teacher, Title IX coordinator, or administrator, 40 who will assist them in the complaint process. Supervisors or teachers who knowingly condone 41 or fail to report or assist a student to take action to remediate such behavior of sexual harassment, 42 intimidation, or misconduct may themselves be subject to discipline. The District will report any 43 suspected child abuse or neglect to proper authorities in accordance with District Policy 5232. 44 The District is authorized to report any violation of this policy to law enforcement that is 45 suspected to be a violation of state or federal criminal laws. 46

Any District employee who is determined, after an investigation, to have engaged in sexual 5 harassment, intimidation, or misconduct will be subject to disciplinary action up to and including 6 discharge. Any student of the District who is determined, after an investigation, to have engaged 7 in sexual harassment, intimidation, or misconduct will be subject to disciplinary action, including 8 but not limited to suspension and expulsion consistent with the District’s discipline policy. 9 10

To the greatest extent possible, the District will treat complaints in a confidential manner. The 11 District realizes that limited disclosure may be necessary in order to complete a thorough 12 investigation. Retaliation against persons who file a complaint is a violation of law prohibiting 13 discrimination and will lead to disciplinary action against an offender. 14 15

Any individual seeking further information should consult the Superintendent for the name of the 16 current Title IX Coordinator for the District. The Superintendent will ensure that student and 17 employee handbooks include the name, address, and telephone number of an individual 18 responsible for coordinating District compliance efforts. 19 20

Any person who knowingly makes a false accusation regarding sexual harassment, intimidation, 21 or misconduct likewise will be subject to disciplinary action up to and including discharge with 22 regard to employees or suspension and expulsion with regard to students. 23 24

Cross Reference: 1700 Uniform Complaint Procedure 25 5232 Abused and Neglected Child Reporting 26 27

Legal References: Art. X, Sec. 1, Montana Constitution – Educational goals and duties 28 §§ 49-3-101, et seq., MCA Montana Human Rights Act 29 Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq. 30 34 CFR Part 106 Nondiscrimination on the basis of sex in 31 education programs or activities receiving 32 Federal financial assistance 33 10.55.701(1)(f), ARM Board of Trustees 34 10.55.719, ARM Student Protection Procedures 35 10.55.801(1)(a), ARM School Climate 36 37

Policy History: 38 Adopted on: 09/08/09 39 Reviewed on: 12/18/2013 40 Revised on: 8/2019 41

Sexual Harassment Grievance Procedure - Students 6 7

The Board requires the following grievance process to be followed for the prompt and equitable 8 resolution of student complaints alleging any action that would be prohibited as sexual 9 harassment by Title IX. The Board directs the process to be published in accordance with all 10 statutory and regulatory requirements. 11 12

Definitions 13 14

The following definitions apply for Title IX policies and procedures: 15 16

“Actual knowledge:” notice of sexual harassment or allegations of sexual harassment to the 17 District’s Title IX Coordinator or any official of the District who has authority to institute 18 corrective measures on behalf of the District, or to any employee of an elementary or secondary 19 school. 20 21

“Education program or activity:” includes locations, events or circumstances over which the 22 District exercised substantial control over both the individual who has been reported to be the 23 perpetrator of conduct that could constitute sexual harassment, and the context in which the 24 sexual harassment occurs. 25 26

“Complainant:” an individual who is alleged to be the victim of conduct that could constitute 27 sexual harassment. 28 29

“Respondent:” an individual who has been reported to be the perpetrator of conduct that could 30 constitute sexual harassment. 31 32

“Formal complaint:” a document filed by a Complainant or signed by the Title IX Coordinator 33 alleging sexual harassment against a Respondent and requesting that the District investigate the 34 allegation of sexual harassment. 35 36

“Supportive measures:” non-disciplinary, non-punitive individualized services offered as 37 appropriate, as reasonably available and without fee or charge to the Complainant or Respondent 38 before or after the filing of a formal complaint or where no formal complaint has been filed. 39 40

District Requirements 41 42

When the District has actual knowledge of sexual harassment in an education program or activity 43 of the District, the District will respond promptly in a manner that is not deliberately indifferent. 44 When the harassment or discrimination on the basis of sex does not meet the definition of sexual 45 harassment, the Title IX Coordinator will direct the individual to the applicable sex 46 discrimination process for investigation. 47

The District treats individuals who are alleged to be the victim (Complainant) and perpetrator 4 (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive 5 measures. Supportive measures are designed to restore or preserve equal access to the District’s 6 education program or activity without unreasonably burdening the other party, including 7 measures designed to protect the safety of all parties or the District’s educational environment, or 8 deter sexual harassment. Supportive measures may include counseling, extensions of deadlines 9 or other course-related adjustments, modifications of work or class schedules, mutual restrictions 10 on contact between the parties, leaves of absence, increased security and monitoring of certain 11 areas of the District’s property, campus escort services, changes in work locations and other 12 similar measures. 13 14

The Title IX Coordinator is responsible for coordinating the effective implementation of 15 supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly 16 contact the Complainant to discuss the availability of supportive measures, consider the 17 Complainant’s wishes with respect to supportive measures, inform the Complainant of the 18 availability of supportive measures with or without the filing of a formal complaint, and explain 19 to the Complainant the process for filing a formal complaint. If the District does not provide the 20 Complainant with supportive measures, then the District must document the reasons why such a 21 response was not clearly unreasonable in light of the known circumstances. 22 23

Timelines 24 25

The District has established reasonably prompt time frames for the conclusion of the grievance 26 process, including time frames for filing and resolving appeals and informal resolution processes. 27 The grievance process may be temporarily delayed or extended for good cause. Good cause may 28 include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent 29 law enforcement activity; or the need for language assistance or accommodation of disabilities. 30 In the event the grievance process is temporarily delayed for good cause, the District will provide 31 written notice to the Complainant and the Respondent of the delay or extension and the reasons 32 for the action. 33 34

35 36

Response to a Formal Complaint

At the time of filing a formal complaint, a Complainant must be participating in or attempting to 37 participate in the education program or activity of the District with which the formal complaint is 38 filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by 39 electronic mail, or other means designated by the District. 40 41

The District must follow the formal complaint process before the imposition of any disciplinary 42 sanctions or other actions that are not supportive measures. However, nothing in this policy 43 precludes the District from removing a Respondent from the District’s education program or 44 activity on an emergency basis, provided that the District undertakes an individualized safety and 45 risk analysis, determines that an immediate threat to the physical health or safety of any student 46

3 4 or other individual arising from the allegations of sexual harassment justifies removal, and 5 provides the Respondent with notice and an opportunity to challenge the decision immediately 6 following the removal. A period of removal may include the opportunity for the student to 7 continue instruction in an offsite capacity. The District may also place a non-student employee 8 Respondent on administrative leave during the pendency of the grievance process. This 9 provision may not be construed to modify any rights under the Individuals with Disabilities 10 Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities 11 Act. 12 13 Upon receipt of a formal complaint, the District must provide written notice to the known parties 14 including: 15 16

1. Notice of the allegations of sexual harassment, including information about the 17 identities of the parties involved in the incident, the conduct allegedly constituting 18 sexual harassment, the date and location of the alleged incident, and any sufficient 19 details known at the time. Such notice must be provided with sufficient time to 20 prepare a response before any initial interview; 21 22

2. An explanation of the District’s investigation procedures, including any informal 23 resolution process; 24 25

3. A statement that the Respondent is presumed not responsible for the alleged 26 conduct and that a determination regarding responsibility will be made by the 27 decision-maker at the conclusion of the investigation; 28 29

4. Notice to the parties that they may have an advisor of their choice who may be, but 30 is not required to be, an attorney, and may inspect and review any evidence; and 31 32

5. Notice to the parties of any provision in the District’s code of conduct or policy that 33 prohibits knowingly making false statements or knowingly submitting false 34 information. 35 36

If, in the course of an investigation, the District decides to investigate allegations about the 37 Complainant or Respondent that are not included in the notice initially provided, notice of the 38 additional allegations must be provided to known parties. 39 40

The District may consolidate formal complaints as to allegations of sexual harassment against 41 more than one Respondent, or by more than one Complainant against one or more Respondents, 42 or by one party against the other party, where the allegations of sexual harassment arise out of 43 the same facts or circumstances. 44 45 46

Investigation of a Formal Complaint 5 6

When investigating a formal complaint and throughout the grievance process, the District must: 7 8

1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach 9 a determination regarding responsibility rests on the District and not the parties’; 10 11

2. Provide an equal opportunity for the parties to present witnesses and evidence; 12 13

3. Not restrict either party’s ability to discuss the allegations under investigation or to 14 gather and present relevant evidence; 15 16

4. Allow the parties to be accompanied with an advisor of the party’s choice who may be, 17 but is not required to be, an attorney. The District may establish restrictions regarding 18 the extent to which the advisor may participate in the proceedings, as long as the 19 restrictions apply equally to both parties; 20 21

5. Provide written notice of the date, time, location, participants, and purpose of any 22 interview or meeting at which a party is expected to participate, with sufficient time for 23 the party to prepare to participate; 24 25

6. Provide the parties equal access to review all the evidence collected which is directly 26 related to the allegations raised in a formal complaint and comply with the review 27 periods outlined in this process; 28 29

7. Objectively evaluate all relevant evidence without relying on sex stereotypes; 30 31

8. Ensure that Title IX Coordinators, investigators, decision-makers and individuals who 32 facilitate an informal resolution process, do not have a conflict of interest or bias for or 33 against Complainants or Respondents generally or an individual Complainant or 34 Respondent; 35 36

9. Not make creditability determinations based on the individual’s status as Complainant, 37 Respondent or witness; 38 39

10. Not use questions or evidence that constitute or seek disclosure of privileged 40 information unless waived. 41 42

43 44

Dismissal of Formal Complaints

If the conduct alleged in the formal complaint would not constitute sexual harassment even if 45 proved, did not occur in the District’s education program or activity, or did not occur against a 46

person in the United States, then the District must dismiss the formal complaint with regard to 5 that conduct for purposes of sexual harassment under this policy. 6 7

The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any 8 time during the investigation or hearing, if applicable, when any of the following apply: 9 10

1. a Complainant provides written notification to the Title IX Coordinator that the 11 Complainant would like to withdraw the formal complaint or any allegations therein; 12 13

2. the Respondent is no longer enrolled or employed by the District or; 14 15

3. specific circumstances prevent the District from gathering evidence sufficient to reach a 16 determination as to the formal complaint or allegations therein. 17 18

Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the 19 reasons for dismissal simultaneously to both parties. 20 21

Evidence Review 22 23

The District provides both parties an equal opportunity to inspect and review any evidence 24 obtained as part of the investigation so that each party can meaningfully respond to the evidence 25 prior to the conclusion of the investigation. The evidence provided by the District must include 26 evidence that is directly related to the allegations in the formal complaint, evidence upon which 27 the District does not intend to rely in reaching a determination regarding responsibility, and any 28 inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to 29 completion of the investigative report, the Title IX Coordinator must send to each party and the 30 party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a 31 hard copy. The parties have 10 calendar days to submit a written response to the Title IX 32 Coordinator, which the investigator will consider prior to completion of the investigative report. 33 34

35 36

Investigative Report

The investigator must prepare an investigative report that fairly summarizes relevant evidence 37 and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each 38 party and the party’s advisor, if any, the investigative report in an electronic format or a hard 39 copy, for their review and written response. The parties have 10 calendar days to submit a 40 written response to the Title IX Coordinator. 41 42

Decision-Maker’s Determination

The investigative report is submitted to the decision-maker. The decision-maker cannot be the 45 same person(s) as the Title IX Coordinator or the investigator. The decision-maker cannot hold a 46 47

hearing or make a determination regarding responsibility until 10 calendar days from the date the 4 Complainant and Respondent receive the investigator’s report. 5 6

Prior to reaching a determination regarding responsibility, the decision-maker must afford each 7 party the opportunity to submit written, relevant questions that a party wants asked of any party 8 or witness, provide each party with the answers, and allow for additional, limited follow-up 9 questions from each party. Questions and evidence about the Complainant’s sexual 10 predisposition or prior sexual behavior are not relevant, unless such questions and evidence 11 about the Complainant’s prior sexual behavior are offered to prove that someone other than the 12 Respondent committed the conduct alleged by the Complainant, or if the questions and evidence 13 concern specific incidents of the Complainant’s prior sexual behavior with respect to the 14 Respondent and are offered to prove consent. Questions must be submitted to the Title IX 15 Coordinator within three calendar days from the date the Complainant and Respondent receive 16 the investigator’s report. 17 18

The decision-maker must issue a written determination regarding responsibility based on a 19 preponderance of the evidence standard. The decision-maker’s written determination must: 20 21

1. Identify the allegations potentially constituting sexual harassment; 22 23

2. Describe the procedural steps taken, including any notifications to the parties, 24 interviews with parties and witnesses, site visits, methods used to gather evidence, and 25 hearings held; 26 27

3. Include the findings of fact supporting the determination; 28 29

4. Draw conclusions regarding the application of any District policies and/or code of 30 conduct rules to the facts; 31 32

5. Address each allegation and a resolution of the complaint including a determination 33 regarding responsibility, the rationale therefor, any recommended disciplinary 34 sanction(s) imposed on the Respondent, and whether remedies designed to restore or 35 preserve access to the educational program or activity will be provided by the District 36 to the Complainant and 37 38

6. The procedures and permissible bases for the Complainant and/or Respondent to appeal 39 the determination. 40 41 A copy of the written determination must be provided to both parties simultaneously, and 42 generally will be provided within 60 calendar days from the District’s receipt of a formal 43 complaint. 44 45 46

The determination regarding responsibility becomes final either on the date that the District 4 provides the parties with the written determination of the result of the appeal, if an appeal is 5 filed, or if an appeal is not filed, the date on which an appeal would no longer be considered 6 timely. 7 8

Where a determination of responsibility for sexual harassment has been made against the 9 Respondent, the District will provide remedies to the Complainant that are designed to restore or 10 preserve equal access to the District’s education program or activity. Such remedies may include 11 supportive measures; however, remedies need not be non-disciplinary or non-punitive and need 12 not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective 13 implementation of any remedies. Following any determination of responsibility, the District may 14 implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated 15 agreement. For students, the sanctions may include disciplinary action, up to and including 16 permanent exclusion. 17 18 19 Appeals 20 21

Either the Complainant or Respondent may appeal the decision-maker’s determination regarding 22 responsibility or a dismissal of a formal complaint, on the following bases: 23 24

1. Procedural irregularity that affected the outcome of the matter; 25 26

2. New evidence that was not reasonably available at the time that could affect the 27 outcome and 28 29

3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or 30 bias for or against Complainants or Respondents generally or an individual 31 Complainant or Respondent that affected the outcome 32 33

The request to appeal must be made in writing to the Title IX Coordinator within seven calendar 34 days after the date of the written determination. The appeal decision-maker must not have a 35 conflict of interest or bias for or against Complainants or Respondents generally or an individual 36 Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the 37 decision-maker from the original determination. 38 39

The appeal decision-maker must notify the other party in writing when an appeal is filed and 40 give both parties a reasonable equal opportunity to submit a written statement in support of, or 41 challenging, the outcome. After reviewing the evidence, the appeal decision-maker must issue a 42 written decision describing the result of the appeal and the rationale for the result. The decision 43 must be provided to both parties simultaneously, and generally will be provided within 10 44 calendar days from the date the appeal is filed. 45 46

Informal Resolution Process 4 5

Except when concerning allegations that an employee sexually harassed a student, at any time 6 during the formal complaint process and prior to reaching a determination regarding 7 responsibility, the District may facilitate an informal resolution process, such as mediation, that 8 does not involve a full investigation and determination of responsibility, provided that the 9 District: 10 11

1. Provides to the parties a written notice disclosing: 12 13

A. The allegations; 14 15

B. The requirements of the informal resolution process including the circumstances 16 under which it precludes the parties from resuming a formal complaint arising 17 from the same allegations, provided, however, that at any time prior to agreeing to 18 a resolution, any party has the right to withdraw from the informal resolution 19 process and resume the Title IX formal complaint process with respect to the 20 formal complaint; and 21 22

C. Any consequences resulting from participating in the informal resolution process, 23 including the records that will be maintained or could be shared. 24 25

2. Obtains the parties’ voluntary, written consent to the informal resolution process. 26 27

The informal resolution process generally will be completed within 30 calendar days, unless the 28 parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process. 29 The formal grievance process timelines are stayed during the parties’ participation in the 30 informal resolution process. If the parties do not reach resolution through the informal resolution 31 process, the parties will resume the formal complaint grievance process, including timelines for 32 resolution, at the point they left off. 33 34

Recordkeeping 35 36

The District must maintain for a period of seven years records of: 37 38

1. Each sexual harassment investigation, including any determination regarding 39 responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies 40 provided to the Complainant designed to restore or preserve equal access to the 41 District’s education program or activity; 42 43

2. Any appeal and the result therefrom; 44 45

3. Any informal resolution and the result therefrom; and 46

4. All materials used to train Title IX Coordinators, investigators, decision-makers, and 4 any person who facilitates an informal resolution process. The District must make 5 these training materials publicly available on its website. 6 7

The District must create, and maintain for a period of seven years, records of any actions, 8 including any supportive measures, taken in response to a report or formal complaint of sexual 9 harassment. In each instance, the District must document the basis for its conclusion that its 10 response was not deliberately indifferent, and document that it has taken measures designed to 11 restore or preserve equal access to the District’s education program or activity. 12 13

Cross Reference: Policy 3210 Equal Education, Nondiscrimination and Sex Equity 14 Policy 3225 Sexual Harassment 15 Policy 3310 Student Discipline 16 17

Legal References: Art. X, Sec. 1, Montana Constitution – Educational goals and duties 18 Section 49-3-101, et seq., MCA, Montana Human Rights Act 19 Civil Rights Act, Title VI; 42 USC 2000d et seq. 20 Civil Rights Act, Title VII; 42 USC 2000e et seq. 21 Education Amendments of 1972, Title IX; 20 USC 1681 et seq. 22 Section 20-5-201, MCA, Duties and Sanctions 23 Section 20-5-202, MCA, Suspension and Expulsion 24 34 CFR Part 106

Nondiscrimination on the basis of sex in 25 education programs or activities receiving 26 Federal financial assistance 27 10.55.701(1)(f), ARM Board of Trustees 28 10.55.719, ARM Student Protection Procedures 29 10.55.801(1)(a), ARM School Climate 30 31

Policy History: 32 Adopted on: October 20, 2020 33 Reviewed on: 34 Revised on: 35

Harassment Reporting Form for Students

School ______________________________________________ Date ___________________ 5 6

Student’s name _________________________________________________________________ 7 (If you feel uncomfortable leaving your name, you may submit an anonymous report, but 8 please understand that an anonymous report will be much more difficult to investigate. 9 We assure you that we’ll use our best efforts to keep your report confidential.) 10 11 • Who was responsible for the harassment or incident(s)? ______________________________ 12 13 14 • Describe the incident(s). ______________________________________________________ 15 16 17 18 • Date(s), time(s), and place(s) the incident(s) occurred. _______________________________ 19 20 21 22 • Were other individuals involved in the incident(s)?  yes  no 23 If so, name the individual(s) and explain their roles. 24 25 26 27 28 • Did anyone witness the incident(s)?  yes  no 29 If so, name the witnesses. ________________________________________________________ 30 31 32 33 34 • Did you take any action in response to the incident?  yes  no 35 If yes, what action did you take? ________________ 36 37 38 39 40 • Were there any prior incidents?  yes  no 41 If so, describe any prior incidents. __________________________________________________ 42 43 44 45

Signature of complainant _________________________________________________________ 46 47 Signatures of parents/legal guardians _______________________________________________ 48

The Board will strive to provide a positive and productive learning and working environment. Bullying, 7 harassment, intimidation, or hazing, by students, staff, or third parties, is strictly prohibited and shall not 8 be tolerated. 9 10

Definitions 11 12

1. “Third parties” include but are not limited to coaches, school volunteers, parents, school visitors, 13 service contractors or others engaged in District business, such as employees of businesses or 14 organizations participating in cooperative work programs with the District, and others not directly 15 subject to District control at inter-district and intra-District athletic competitions or other school 16 events. 17 18

2. “District” includes District facilities, District premises, and non-District property if the student or 19 employee is at any District-sponsored, District-approved, or District-related activity or function, 20 such as field trips or athletic events, where students are under the control of the District or where 21 the employee is engaged in District business. 22 23

3. “Hazing” includes but is not limited to any act that recklessly or intentionally endangers the 24 mental or physical health or safety of a student for the purpose of initiation or as a condition or 25 precondition of attaining membership in or affiliation with any District-sponsored activity or 26 grade-level attainment, including but not limited to forced consumption of any drink, alcoholic 27 beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged 28 exclusion from social contact, sleep deprivation, or any other forced activity that could adversely 29 affect the mental or physical health or safety of a student; requires, encourages, authorizes, or 30 permits another to be subject to wearing or carrying any obscene or physically burdensome 31 article, assignment of pranks to be performed, or other such activities intended to degrade or 32 humiliate. 33 34

4. "Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning 35 gesture or physical contact, including any intentional written, verbal, or electronic communication 36 (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and 37 that substantially interferes with a student’s educational benefits, opportunities, or performance, 38 that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, 39 on school-provided transportation, at any official school bus stop, or anywhere conduct may 40 reasonably be considered to be a threat or an attempted intimidation of a student or staff member 41 or an interference with school purposes or an educational function, and that has the effect of: 42

a. Physically harming a student or damaging a student’s property; 43

b. Knowingly placing a student in reasonable fear of physical harm to the student or 44 damage to the student’s property; 45

c. Creating a hostile educational environment, or; 46 d. Substantially and materially disrupts the orderly operation of a school. 47 48

5. “Electronic communication device” means any mode of electronic communication, 49 including but not limited to computers, cell phones, PDAs, or the internet. 50

All complaints about behavior that may violate this policy shall be promptly investigated. Any 5 student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she 6 has been a victim of hazing, harassment, intimidation, or bullying in violation of this policy is encouraged 7 to immediately report his/her concerns to the building principal or the District Administrator, who have 8 overall responsibility for such investigations. A student may also report concerns to a teacher or 9 counselor, who will be responsible for notifying the appropriate District official. Complaints against the 10 building principal shall be filed with the Superintendent. Complaints against the Superintendent or 11 District Administrator shall be filed with the Board. 12 13

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial 14 action has been taken. 15 16

Exhaustion of administrative remedies 17 18

A person alleging violation of any form of harassment, intimidation, hazing, or threatening, insulting, or 19 demeaning gesture or physical contact, including any intentional written, verbal, or electronic 20 communication, as stated above, may seek redress under any available law, either civil or criminal, after 21 exhausting all administrative remedies. 22 23

Responsibilities 24 25

The District Administrator shall be responsible for ensuring notice of this policy is provided to students, 26 staff, and third parties and for the development of administrative regulations, including reporting and 27 investigative procedures, as needed. 28 29

Consequences 30 31

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and 32 including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to 33 discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this 34 policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator 35 or the Board. Individuals may also be referred to law enforcement officials. 36 37

Retaliation and Reprisal 38

Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a 39 complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a 40 serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be 41 regarded as a serious offense and will result in disciplinary action or other appropriate sanctions. 42 43

Cross Reference: 3225F Harassment Reporting Form for Students 44

Legal Reference: 10.55.701(2)(f), ARM Board of Trustees 45 10.55.719, ARM Student Protection Procedures 46 10.55.801(1)(a), ARM School Climate 47

Policy History: 48 Adopted on: 2/05 49 Reviewed on: 12/18/2013 50 Revised on: 04/15/2014, 9/1515 51

Helena Flats School District

Searches and Seizure 5 6

The goal of search and seizure with respect to students is meeting the educational needs of 7 children and ensuring their security. The objective of any search and/or seizure is not the 8 eradication of crime in the community. Searches may be carried out to recover stolen property, 9 to detect illegal substances or weapons, or to uncover any matter reasonably believed to be a 10 threat to the maintenance of an orderly educational environment. The Board authorizes school 11 authorities to conduct reasonable searches of school property and equipment, as well as of 12 students and their personal effects, to maintain order and security in the schools. 13 14

The search of a student, by authorized school authorities, is reasonable if it is both: (1) justified 15 at its inception, and (2) reasonably related in scope to the circumstances which justified the 16 interference in the first place. 17 18

School authorities are authorized to utilize any reasonable means of conducting searches, 19 including but not limited to the following: 20 21

1. A “pat down” of the exterior of the student’s clothing; 22

2. A search of the student’s clothing, including pockets; 23

3. A search of any container or object used by, belonging to, or otherwise in the possession 24 or control of a student; and/or 25

4. Devices or tools such as breath-test instruments, saliva test strips, etc. 26 27

The “pat down” or “search’ of a student, if conducted, will be conducted by a school official or 28 employee of the same gender as the student being searched. 29 30

31 32

School Property and Equipment and Personal Effects of Students

School authorities may inspect and search school property and equipment owned or controlled 33 by the District (such as lockers, desks, and parking lots). 34 35

The Superintendent may request the assistance of law enforcement officials, including their use 36 of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots, and 37 other school property and equipment for illegal drugs, weapons, or other illegal or dangerous 38 substances or material. 39 40

Students 41 42

School officials may search any individual student, his/her property, or District property under 43 his/her control, when there is a reasonable suspicion that the search will uncover evidence that 44 he/she is violating the law, Board policy, administrative regulation, or other rules of the District 45 or the school. Reasonable suspicion shall be based on specific and objective facts that the search 46

will produce evidence related to the alleged violation. The types of student property that may be 4 searched by school officials include but are not limited to lockers, desks, purses, backpacks, 5 student vehicles parked on District property, cellular phones, or other electronic communication 6 devices. 7 8

Students may not use, transport, carry, or possess illegal drugs or any weapons in their vehicles 9 on school property. While on school property, vehicles may be inspected at any time by staff, or 10 by contractors employed by the District utilizing trained dogs, for the presence of illegal drugs, 11 drug paraphernalia, or weapons. In the event the school has reason to believe that drugs, drug 12 paraphernalia, or weapons are present, including by alert-trained dogs, the student’s vehicle will 13 be searched, and the student expressly consents to such a search. 14 15 Also, by parking in the school parking lots, the student consents to having his/her vehicle 16 searched if the school authorities have any other reasonable suspicion to believe that a violation 17 of school rules or policy has occurred. 18 19

Seizure of Property 20 21

When a search produces evidence that a student has violated or is violating either a law or 22 District policies or rules, such evidence may be seized and impounded by school authorities and 23 disciplinary action may be taken. As appropriate, such evidence may be transferred to law 24 enforcement authorities. 25 26 27 28

Legal Reference: Safford Unified School Dist. No. 1 v. Redding, _____ U.S. _____, 129 29 S.Ct. 2633 (2009) 30 Terry v. Ohio, 392 U.S. 1, 20 (1968) 31 B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260 32 33

Policy History: 34 Adopted on: 12/18/2013 35 Reviewed on: 36 Revised on: 01/20/2015 37

Searches and Seizure

The following rules shall apply to any searches and the seizure of any property by school 7 personnel: 8 9

1. The Superintendent, principal, and the authorized assistants of either shall be authorized 10 to conduct any searches or to seize property on or near school premises, as further 11 provided in this procedure. 12 13

2. If the authorized administrator has reasonable suspicion to believe that any locker, car, or 14 other container of any kind on school premises contains any item or substance which 15 constitutes an imminent danger to the health and safety of any person or to the property 16 of any person or the District, the administrator is authorized to conduct a search of any 17 car, locker, or container and to seize any such item or substance of any kind on school 18 premises without notice or consent 19 20

3 No student shall hinder, obstruct, or prevent any search authorized by this procedure. 21 22

4. Whenever circumstances allow, any search or seizure authorized in this procedure shall 23 be conducted in the presence of at least one (1) adult witness, and a written record of the 24 time, date, and results shall be made by the administrator. A copy shall be forwarded to 25 the Superintendent as soon as possible. 26 27

5 In any instance where an item or substance is found which would appear to be in 28 violation of the law, the circumstance shall be reported promptly to the appropriate law 29 enforcement agency. 30 31 32

Procedure History: 33 Promulgated on: 34 Reviewed on: 12/18/2013 35 Revised on: 36

Suspension and Expulsion - Corrective Actions and Punishment 5 6

The Board recognizes that every student is entitled to due process rights that are provided by law. 7 8

Suspension 9 10

• “Suspension” means the exclusion of a student from attending individual classes or school and 11 participating in school activities for an initial period not exceed ten (10) school days. An 12 administrator may order suspension of a student. 13 14

The procedure set forth below will be followed when a proposed punishment of a student is to include 15 denial of the right of school attendance from any single class or from a full schedule of classes for at least 16 one (1) day. 17 18

Before any suspension is ordered, a building administrator will meet with a student to explain charges of 19 misconduct, and the student will be given an opportunity to respond to the charges. 20 21

When a student’s presence poses a continuing danger to persons or property or poses an ongoing threat of 22 disruption to the educational process, a pre-suspension conference will not be required, and an 23 administrator may suspend a student immediately. In such cases, a building administrator will provide 24 notice of and schedule a conference as soon as practicable following the suspension. 25 26

A building administrator will report any suspension immediately to a student’s parent or legal guardian. 27 An administrator will provide a written report of suspension that states reasons for a suspension, 28 including any school rule that was violated, and a notice to a parent or guardian of the right to a review of 29 a suspension. An administrator will send a copy of the report and notice to the Superintendent. 30 31

The Superintendent will conduct a review of any suspension on request of a parent or legal guardian. A 32 student and parent or legal guardian may meet with the Superintendent to discuss suspension. After the 33 meeting and after concluding a review, the Superintendent will take such final action as appropriate. 34 35

Upon a finding by a school administrator that the immediate return to school by a student would be 36 detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a 37 student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student 38 is granted an informal hearing with the school administrator prior to the additional suspension, and if the 39 decision to impose the additional suspension does not violate the Individuals with Disabilities Education 40 Act (IDEA) or Rehabilitation Act. 41 42

Students who are suspended from any class or from school entirely have the right to make up any work 43 missed according to the student handbook. 44 45 46 47

• “Expulsion” is any removal of a student for more than twenty (20) school days without the 6 provision of educational services. Expulsion is a disciplinary action available only to the Board. 7 8

The Board, and only the Board, may expel a student from school and may do so only after following due 9 process procedures set forth below. 10 11

The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a 12 recommendation for expulsion, which will be sent by registered or certified mail at least five (5) school 13 days before the date of the scheduled hearing. The notice will include time and place of hearing, 14 information describing the process to be used to conduct the hearing, and notice that the Board intends to 15 conduct the hearing in closed session unless a parent or legal guardian waives the student’s right to 16 privacy. 17 18

Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to 19 consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good 20 cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled. 21 The Superintendent will determine if a request shows good cause to reschedule a hearing. 22 23

At hearing the student may be represented by counsel, present witnesses and other evidence, and cross- 24 examine witnesses. The Board is not bound by formal rules of evidence in conducting the hearing. 25 26

Procedures for Suspension and Expulsion of Students With Disabilities 27 28

The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) and 29 Rehabilitation Act when disciplining students. The Board will not expel any special education student 30 when the student’s particular act of gross disobedience or misconduct is a manifestation of the student’s 31 disability. The Board may expel pursuant to its expulsion procedures any special education student 32 whose gross disobedience or misconduct is not a manifestation of the student’s disability. A disabled 33 student will continue to receive education services as provided in the IDEA or Rehabilitation Act during a 34 period of expulsion. 35 36

A a building administrator may suspend a child with a disability from the child’s current placement for 37 not more than ten (10) consecutive school days for any violation of school rules, and additional removals 38 of not more than ten (10) consecutive school days in that same school year for separate incidents of 39 misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b), 40 whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling 41 condition. Any special education student who has exceeded or who will exceed ten (10) days of 42 suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the 43 District demonstrates that maintaining the student in the student’s current placement is substantially likely 44 to result in injury to the student or to others. After a child with a disability has been removed from his or 45 her placement for more than ten (10) school days in the same school year, during any subsequent days of 46 removal the public agency must provide services to the extent required under 34 CFR 300.121(d). 47 48 49 50 51

An administrator may remove from current placement any special education student who has carried a 4 weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or 5 solicits the sale of a controlled substance while at school or a school function. The District will place 6 such student in an appropriate interim alternative educational setting for no more than forty-five (45) 7 school days in accordance with the IDEA or Rehabilitation Act. 8 9

Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act 10 34 CFR 300.519-521 Procedural Safeguards 11

§ 20-4-302, MCA Discipline and punishment of pupils –definition of 12 corporal punishment – penalty – defense 13

§ 20-4-402, MCA Duties of district superintendent or county high 14 school principal 15

§ 20-5-105, MCA Attendance officer – powers and duties 16

§ 20-5-106, MCA Truancy 17

§ 20-5-201, MCA Duties and sanctions 18

§ 20-5-202, MCA Suspension and expulsion 19

ARM 10.16.3346 Aversive Treatment Procedures 20 Goss v. Lopez, 419 US 565 (1975) 21 Section 504 IDEA 22 23 24

Policy History: 25

Adopted on: 11/10/09 26 Reviewed on: 27 Revised on: 12/18/2013 28

Helena Flats School District

STUDENTS 3310 3 page 1 of 2 4

Student Discipline 5

The Board grants authority to a teacher or principal to hold a student to strict accountability for disorderly 6 conduct in a school building, on property owned or leased by a school district, on a school bus, on the 7 way to or from school, or during intermission or recess. 8 9

Disciplinary action may be taken against any student guilty of gross disobedience or misconduct, 10 including but not limited to instances set forth below: 11 12

• Using, possessing, distributing, purchasing, or selling tobacco products, and alternative nicotine 13 and vapor products as defined in 16-11-302, MCA. 14

• Using, possessing, distributing, purchasing, or selling alcoholic beverages, including powdered 15 alcohol Students who may be under the influence of alcohol will not be permitted to attend 16 school functions and will be treated as though they had alcohol in their possession. 17

• Using, possessing, distributing, purchasing, or selling drug paraphernalia, illegal drugs, 18 marijuana, controlled substances , or any substance which is represented to be or looks like a 19 narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, 20 stimulant, depressant, or intoxicant of any kind, including such substances that contain chemicals 21 which produce the same effect of illegal substances including but not limited to Spice and K2 22 Students who may be under the influence of such substances will not be permitted to attend 23 school functions and will be treated as though they had drugs in their possession. 24

• Using, possessing, controlling, or transferring a weapon in violation of the “Possession of 25 Weapons other than Firearms” section in policy 3311. 26

• Using, possessing, controlling, or transferring any object that reasonably could be considered or 27 used as a weapon as referred to in policy 3311 28

• Disobeying directives from staff members or school officials or disobeying rules and regulations 29 governing student conduct. 30

• Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct 31 toward anyone or urging other students to engage in such conduct. 32

• Causing or attempting to cause damage to, or stealing or attempting to steal, school property or 33 another person’s property. 34

• Engaging in any activity that constitutes an interference with school purposes or an educational 35 function or any other disruptive activity. 36

• Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic and 37 habitual truants. 38

• Hazing or bullying. 39

• Forging any signature or making any false entry or attempting to authorize any document used or 40 intended to be used in connection with the operation of a school. 41 42

These grounds stated above for disciplinary action apply whenever a student’s conduct is reasonably 43 related to school or school activities, including but not limited to the circumstances set forth below: 44 45

• On school grounds before, during, or after school hours or at any other 46 time when school is being used by a school group. 47

• Off school grounds at a school-sponsored activity or event or any activity or event that bears a 48 reasonable relationship to school. 49

• Travel to and from school or a school activity, function, or event. 50

• Anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a 4 staff member or an interference with school purposes or an educational function. 5 6

Disciplinary Measures 7 8

Disciplinary measures include but are not limited to: 9

• Expulsion 10

• Suspension 11

• Detention, including Saturday school 12

• Clean-up duty 13

• Loss of student privileges 14

• Loss of bus privileges 15

• Notification to juvenile authorities and/or police 16

• Restitution for damages to school property 17 No District employee or person engaged by the District may inflict or cause to be inflicted corporal 18 punishment on a student. Corporal punishment does not include reasonable force District personnel are 19 permitted to use as needed to maintain safety for other students, school personnel, or other persons or for 20 the purpose of self-defense. 21 22

Delegation of Authority 23 24

The Board grants authority to any teacher and to any other school personnel to impose on students under 25 their charge any disciplinary measure, other than suspension or expulsion, corporal punishment , or in- 26 school suspension, that is appropriate and in accordance with policies and rules on student discipline. The 27 Board authorizes teachers to remove students from classrooms for disruptive behavior. 28 29

Cross Reference: 3300 Suspension and Expulsion 30 3226 Bullying, Harassment, Intimidation, Hazing 31 5015 Bullying, Harassment, Intimidation 32 33

Legal Reference: § 16-11-302(1)(7), MCA Definitions 34 § 20-4-302, MCA Discipline and punishment of pupils – definition 35 of corporal punishment – penalty – defense 36 § 20-5-202, MCA Suspension and expulsion 37 § 45-8-361, MCA Possession or allowing possession of weapon in 38 school building – exceptions – penalties – 39 seizure and forfeiture or return authorized – 40 definitions 41 § 45-5-637, MCA Possession or consumption of tobacco products, 42 alternative nicotine products, or vapor products 43 by persons under 18 years of age is prohibited – 44 unlawful attempt to purchase - penalties 45 29 U.S.C. § 701 Rehabilitation Act of 1973 46 Policy History: 47 Adopted on: 04/098 48 Reviewed on: 49 Revised on: 12/18/2013, 9/15/15, 1/19/21 50

The District may establish a risk assessment team for students whose behavior may pose a risk to 7 the safety of school staff or students. 8 9

Each team shall: 10

1. Provide guidance to students, faculty, and staff regarding recognition of threatening or 11 aberrant behavior that may represent a risk to the community, school, or self; 12

2. Include persons with expertise in counseling, instruction, school administration, and law 13 enforcement. 14

3. Identify members of the school community who should be informed of behavior; 15

4. Implement school board policies for the assessment of and intervention with students 16 whose behavior poses a risk to the safety of school staff or students including response 17 plans; and 18

5. Utilize available forms and procedures. 19 20

All District employees, volunteers, and contractors are required to report any expressed risks or 21 behavior that may represent a risk to the community, school, or self. In cases determined to be 22 appropriate, teams shall follow established procedures for referrals to community services, 23 boards, or health care providers for evaluation or treatment when appropriate. 24 25

Upon a preliminary determination that a student poses a risk of violence or physical harm to self 26 or others, a risk assessment team shall immediately report its determination to the superintendent 27 or designee. The superintendent or designee shall immediately attempt to notify the student’s 28 parent or legal guardian. Nothing in this policy shall prevent a District employee from acting 29 immediately to address an imminent risk. 30 31

The superintendent may establish a committee charged with oversight of the risk assessment 32 teams. An existing committee may be designated to assume the oversight responsibility; 33 however, any such team shall include individuals with expertise in human resources, education, 34 school administration, mental health, and law enforcement. 35 36

Regardless of risk assessment activities, disciplinary action and referral to law enforcement are 37 to occur as required by school board policy and Montana law. The District may, in accordance 38 with the provisions in Policy 3600P, release student records or information in connection with an 39 emergency, without parental consent, if the knowledge of such information is necessary to 40 protect the health or safety of the student or other persons. 41 42

Policy History: 43 Adopted on: 6/21/22 44 Revised on: 45 Reviewed on: 46

Helena Flats School District

STUDENTS

Discipline of Students With Disabilities

Code of Conduct Violations by Students With Disabilities, Resulting in Disciplinary Consequences of Ten (10) School Days or Less

Student commits code of conduct violation for which the disciplinary consequence would result in removal from the student’s placement for ten (10) consecutive school days or less.

School personnel may assign the consequence applicable to non-disabled students for a similar period of time, not to exceed ten (10) consecutive school days. Reg. 300.520(a)(1)(i).

During the first (1st) ten (10) cumulative school days in one (1) school year, the school does not have to provide any services to the student if nondisabled students would not receive services. Reg. 300.121(d)(1).

School personnel may continue to remove the student for disciplinary reasons for up to ten (10) school days at a time throughout the same school year for separate incidents of misconduct, so long as the removals do not constitute a change of placement under Reg. 300.519(b) and are those which would be applied to non-disabled students. Reg. 300.520(a)(1)(i).

A series of disciplinary removals, each for ten (10) consecutive school days or less, may result in a change of placement if they cumulate to more than ten (10) school days in one (1) school year. School personnel should analyze the length of each removal, the proximity of the removals to each other, and the total amount of time the child is removed. Reg. 300.519(b). If a removal would result in a change of placement, a manifestation determination review (MDR) must first be done. Reg. 300.523(a).

Beginning with the eleventh (11th) day of disciplinary removals in a school year, educational services must be provided. Reg. 300.520(a)(1)(ii); Reg. 300.121(d)(2)(i)(A). If the removal does not result in a change of placement, school personnel, in consultation with the student’s special education teacher, determine the services to be provided. Reg. 300.121(d)(3)(i).

The educational services to be provided must meet the standard of enabling the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(A).

Beginning with the eleventh (11th) day of disciplinary removals in a school year, the IEP Team must address behavioral issues. If the removal does not result in a change of placement, the IEP Team must meet within ten (10) business days of first removing the student for more than ten (10) school days in a school year, to develop a plan to conduct a functional behavioral assessment, if one was not conducted before the behavior that resulted in the removal. Reg. 300.520(b)(1)(i).

After the functional behavioral assessment is completed, the IEP Team meets as soon as practicable to develop a behavioral intervention plan to address the behavior and implement the plan. Reg. 300.520(b)(2).

If the student is assigned subsequent disciplinary removals in a school year for ten (10) days or less that do not result in a change of placement, the IEP Team members (including the parent) informally review the behavior intervention plan and its implementation to determine if modifications are necessary. Reg. 300.520(c)(2).

If one or more team members believe modifications are needed, the IEP Team must meet to modify the plan and its implementation to the extent the IEP Team deems necessary. Reg. 300.520(c)(2).

If the student’s IEP already includes a behavior intervention plan, within ten (10) business days of first removing the student for more than ten (10) school days in a school year, the IEP Team must meet to review the behavior intervention plan and its implementation, and modify the plan and its implementation as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

Student violates code of conduct, and the recommended disciplinary consequence would result in a removal from the current educational placement for more than ten (10) consecutive school days (alternate placement, expulsion). This constitutes a change of placement. Reg. 300.519(a).

The recommended disciplinary consequence may be for a removal from the current educational placement for less than ten (10) consecutive school days, but may constitute a change of placement because the student has already been removed for disciplinary reasons for ten (10) or more school days in the current school year, and the length of each removal, their proximity to each other, and the total amount of time the student has been removed result in a change of placement. Reg. 300.519(b).

Code of Conduct Violations by Students With Disabilities for Which Recommended Disciplinary Consequences Would Result in Change of Placement for More Than Ten (10) School Days (Excluding Drug and Weapon Offenses)

School personnel may remove from current educational placement for ten (10) school days or less (Reg. 300.520(a)(1)(i)) and recommend further discipline according to the code of conduct. (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled. See pp. 1-2 for educational services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and law enforcement authorities to whom the crime was reported must be provided special education and disciplinary records to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9). Reg. 300.529.

At the time the decision is made to take this action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504. Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

Within ten (10) business days, IEP Team and other qualified personnel must meet and review relationship between disability and the behavior subject to disciplinary action (manifestation determination review – MDR). Sec. 1415(k)(4)(A); Reg. 300.523(a)(2), (b). If there has been no previous functional behavioral assessment and creation of a behavior intervention plan, the IEP Team must develop an assessment plan. Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). If the IEP contains a behavior intervention plan, the IEP Team reviews the plan and its implementation and modifies them as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement. The misbehavior is not a manifestation of the disability, if the IEP Team finds that in relationship to the misbehavior subject to discipline:

• The IEP and placement were appropriate;

• Consistent with the content of the student’s IEP and placement, special education services, supplementary aids, and behavior intervention strategies were actually provided;

• The disability did not impair the ability of the student to understand the impact and consequences of the misbehavior; and

• The disability did not impair the ability of the student to control the misbehavior.

Sec. 1415(k)(4)(C); Reg. 300.523(c).

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identified deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412 (a)(1)(A); Reg. 300.121(a); Reg. 300.524(a). The campus must ensure that special education and disciplinary records are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(k)(6); Reg. 300.525(a), (b).

Parent may appeal decision to place student in forty-five-(45)-day interim placement. The hearing is expedited before a special education hearing officer, who applies the standards regarding a dangerous student in Reg. 300.521. Sec. 1415(k)(6)(B)(ii); Reg. 300.525(b)(2).

When a parent requests a hearing in a drug or weapon case to challenge the interim alternative placement or the manifestation determination, student remains in interim placement until decision of hearing officer or forty-five (45) days expires, whichever comes first, unless the parent and school agree otherwise. Reg. 300.526(a). Then student returns to current placement (defined as placement prior to interim alternative educational setting). School can ask for expedited hearing before special education hearing officer to prevent this return, if the student is substantially likely to injure self or others. Reg. 300.526(b), (c). The hearing officer applies the standards in Reg. 300.121. Reg. 300.526(c). Hearing officer can order another placement for up to forty-five (45) days. Reg. 300.526(c)(3). This procedure may be repeated as necessary. Sec. 1415(k)(7); Reg. 300.526(c)(4).

The standard the educational services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(B); Reg. 300.524(a). The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121(d)(3)(ii).

Drug and Weapon Offenses by Students With Disabilities

Student carries weapon to school, or possesses, uses, sells, or solicits sale of illegal or controlled substance on school property or at a school function.

Illegal drug – controlled substance. Excludes legally used and possessed prescription drugs. Sec. 1415(k)(10)(B); Reg. 300.520(d)(2).

Controlled substance – drug or substance in 21 U.S.C. § 812(c), Schedules I-V. Sec. 1415(k)(10)(A); Reg. 300.520 (d)(1).

Weapon – A firearm and more. Something used for or readily capable of causing death or serious bodily injury. Excludes pocket knife with blade of 2½ inches or less. Sec. 1415(k)(10)(D); Reg. 300.520(d)(3).

School personnel may remove from current educational placement for ten (10) school days or less, and recommend further discipline according to the code of conduct. Sec. 1415(k)(1)(A)(i); Reg. 300.520(a)(1)(i). (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled students. See pp. 1-2 for education services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and special education and disciplinary records will be transmitted to law enforcement authorities to whom the crime was reported, to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9); Reg. 300.529.

At time decision is made to take this disciplinary action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504 Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

The forty-five-(45)-day alternative interim placement must:

• Enable student to progress in general curriculum, although in another setting;

• Enable student to continue to receive those services and modifications, including those described in the student’s IEP, that will enable the student to meet the goals set out in that IEP; and

Within ten (10) business days, IEP Team must meet and may extend the removal by placing student in appropriate interim alternative educational setting applicable to non-disabled student for same amount of time non-disabled student would be assigned, but not more than forty-five (45) calendar days. Sec. 1415 (k)(1)(A)(ii) and (3)(A); Reg. 300.520(a)(2); Reg. 300.522(a). IEP Team must review the behavior intervention plan, if one exists, and its implementation and modify, as necessary, to address behavior. Reg. 300.520(b)(1)(ii). If there has been no previous functional behavioral assessment and creation of behavior intervention plan, IEP Team must develop assessment plan. Sec. 1415(k)(1)(B); Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). The IEP Team and other qualified personnel must review the relationship between disability and the behavior subject to disciplinary action (manifestation determination review-MDR). Sec. 1415(k)(4)(A); Reg. 300.523 (a)(2)(b).

• Include services and modifications designed to address the drug or weapon offense so that it does not recur. Sec. 1415(k)(3)(B); Reg. 300.522; Reg. 300.121 (d)(2)(ii).

Comments to regulations: Students may be subject to multiple forty - five - (45) - day interim placements for separate drug and weapon offenses. The forty - five - (45) - day interim placement may be completed even if drug or weapon offense was manifestation of disability. If misbehavior was not a manifestation of disability, regular disciplinary consequence can be applied in addition to forty - five - (45) - day interim placement.

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement. The misbehavior is not a manifestation of the disability if the IEP Team finds that, in relationship to the misbehavior subject to discipline:

• The IEP and placement were appropriate;

• Consistent with the content of the student’s IEP and placement, special education services, supplementary aids and services, and behavior intervention strategies were actually provided;

• The disability did not impair the ability of student to understand the impact and consequences of the misbehavior; and

• The disability did not impair the ability of the student to control the misbehavior.

Sec. 1415(k)(4)(C); Reg. 300.523(c).

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identifies deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

↓ - or- -- - -

If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412(a)(1)(A). Reg. 300.121(a). Reg. 300.524(a). The campus must ensure that special education and disciplinary record are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(i)(6); Reg. 300.525 (a), (b).

If IEP Team finds no manifestation and changes placement to comply with the disciplinary recommendation, parent may appeal the placement decision. The hearing is expedited before a special education hearing officer. Sec. 1415(k)(6)(A); Reg. 300.525(a)(2).

During appeals, stay put applies. Reg. 300.524(c). If child is substantially likely to injure self or others in the current placement, the school can request an expedited hearing and request the hearing officer to remove to an interim alternative educational placement for up to forty-five (45) days. Standards to be met are those in Sec. 1415(k)(2) and Reg. 300.521.

The standard the education services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121 (d)(2)(i)(B); Reg. 300.524(a).

The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121 (d)(3)(ii).

Students Dangerous to Self or Others

IDEA discipline procedures are followed for a non-drug or weapon offense, the penalty for which would result in expulsion or removal from the student’s placement for more than ten (10) school days.

IEP Team meets, determines no manifestation and recommends discipline proceed. Parent disagrees and requests a due-process hearing. Stay put applies, and child stays in the current placement, unless school acts to change the placement. Reg. 300.524.

School requests hearing officer to change the placement during the pendency of the hearing because of the likelihood of injury to self or others. Sec. 1415(k)(2); Reg. 300.521.

Hearing officer holds expedited hearing to consider request. School has burden of proof to show by more than a preponderance of the evidence that maintaining the child in the current placement is substantially likely to result in injury to self or others. Sec. 1415(k)(2)(A), (10)(D); Reg. 300.521(a). Hearing officer must also:

• Consider the appropriateness of the current placement.

• Consider whether the school has made reasonable effort to minimize the risk of harm in the current placement, including the use of supplemental aids and services.

• Determine that the interim alternative setting proposed by the school personnel, in consultation with special education teacher:

o Enables the student to participate in the general curriculum, although in another setting;

o Enables the student to continue to receive those services and modifications, including those described in the student’s current IEP, that will enable the student to meet the goals set out in the IEP; and

o Include services and modification designed to address the behavior so that it does not recur.

Sec. 1415(k)(2); Reg. 300.521(b), (c), (d); Reg. 300.522(b); Reg. 300.121(d)(2)(ii)(B).

If parent appeals forty-five(45)-day interim alternative placement by IEP Team in drug or weapon case, hearing officer applies these standards in expedited hearing. Sec. 1415(k)(6)(B)(ii); Reg. 300.525 (b)(2).

If all requirements are met, hearing officer may order a change of placement to the interim alternative educational setting for up to forty-five (45) days. Sec. 1415(k)(2); Reg. 300.521.

Student returns to his or her current placement (the placement prior to the interim alternative educational setting) at end of forty-five (45) days, if no decision has been issued by hearing officer in pending due-process hearing. If school believes it would be dangerous for student to return to current placement while hearing is still pending, school may request another expedited hearing to again place student in forty-five-(45)-day interim placement while hearing continues to be pending. Reg. 300.526(b), (c)(4). Hearing officer holds same type of hearing initially held when hearing officer ordered first forty-five-(45)-day interim placement. Sec. 1415(k)(7); Reg. 300.526. Any subsequent forty-five-(45)-day interim setting must meet the standards in Reg. 300.522.

Procedure History:

Promulgated on: 04/10/10

Reviewed on: 12/18/2013

Revised on:

It is the policy of the School District to comply with the federal Gun Free Schools Act of 1994 9 and Section20-5-202 (2), MCA, pertaining to students who bring a firearm to, or possess a 10 firearm at, any setting that is under the control and supervision of the school district 11 12

The District does not allow students to possess firearms on District property or at any setting that 13 is under the control and supervision of the District. In accordance with Section 20-5-202 (3), 14 MCA, a teacher, superintendent, or a principal shall suspend immediately for good cause a 15 student who is determined to have brought a firearm to, or possess a firearm at, any setting that is 16 under the control and supervision of the District. The Policy does not govern conduct in a 17 student's home, a locked vehicle, a parking lot, or a commercial business when the student is 18 participating in an online, remote, or distance-learning setting. In accordance with Montana law, 19 a student who is determined to have brought a firearm to, or possess a firearm at, any setting that 20 is under the control and supervision of the school district must be expelled from school for a 21 period of not less than 1 year. 22 23

For the purposes of the firearms section of this policy, the term “firearm” means (A) any weapon 24 (including a starter gun) which will or is designed to or may readily be converted to expel a 25 projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any 26 firearm muffler or firearm silencer; or (D) any destructive device pursuant to 18 U.S.C. 921 (4). 27 Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16). 28 29

However, on a case-by-case basis, the Board of Trustees will convene a hearing to review the 30 underlying circumstances and, in the discretion of the Board, may authorize the school 31 administration to modify the requirement for expulsion of a student. 32 33

A decision to change the placement of a student with a disability who has been expelled pursuant 34 to this section must be made in accordance with the Individuals with Disabilities Education Act. 35 36

Before holding a hearing to determine if a student has violated this Policy, the Board shall, in a 37 clear and timely manner, notify the student if the student is an adult or notify the parent or 38 guardian of a student if the student is a minor that the student may waive the student's privacy 39 interest by requesting that the hearing be held in public and invite other individuals to attend the 40 hearing. 41 42

Before expelling a student under this Policy, the Board shall hold a due process hearing that 43 includes presentation of a summary of the information leading to the allegations and an 44 opportunity for the student to respond to the allegations. The student may not be expelled unless 45

the trustees find that the student knowingly, as defined in Section 1-1-204, MCA, brought a 1 firearm to school or possessed a firearm at school. 2 3

When a student subject to a hearing is found to have not violated this Policy, the student's school 4 record must be expunged of the incident. 5 6

The provisions of this Policy do not require the Board to expel a student who has brought a 7 firearm to school or possesses a firearm at school if the firearm is secured in a locked container 8 approved by the school district or in a locked motor vehicle the entire time the firearm is at 9 school, except while the firearm is in use for a school-sanctioned instructional activity. 10 11

12

Possession of Weapons other than Firearms

The District does not allow students to possess other weapons on District property or at any 13 setting that is under the control and supervision of the District. Any student found to have 14 possessed, used or transferred a weapon on school property will be subject to discipline in 15 accordance with the District’s discipline policy. For purposes of this section, “weapon” means 16 any object, device, or instrument designed as a weapon or through its use is capable of 17 threatening or producing bodily harm or which may be used to inflict self-injury, including but 18 not limited to air guns; pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; clubs; 19 metal knuckles; numchucks (also known as nunchucks); throwing stars; explosives; fireworks; 20 mace or other propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have 21 been modified to serve as a weapon. 22 23

No student shall possess, use, or distribute any object, device, or instrument having the 24 appearance of a weapon, and such objects, devices, or instruments shall be treated as weapons, 25 including but not limited to weapons listed above which are broken or non-functional, look-alike 26 guns; toy guns; and any object that is a facsimile of a real weapon. No student shall use articles 27 designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, 28 etc.) to inflict bodily harm and/or intimidate, and such use will be treated as the possession and 29 use of a weapon. 30 31

32

Definitions, Exceptions and Referral to Law Enforcement

The District may refer to law enforcement for immediate prosecution any student who possesses, 33 carries, or stores a weapon in a school building as specified in Section 45-8-361, MCA. In 34 addition the District will refer for possible prosecution a parent or guardian of any minor 35 violating this policy on grounds of allowing a minor to possess, carry, or store a weapon in a 36 school building. For the purposes of this section of the policy, “school property” means within 37 school buildings, in vehicles used for school purposes, or on owned or leased school land or 38 grounds. “Building” specifically means a combination of any materials, whether mobile, 39 portable, or fixed, to form a structure and the related facilities for the use or occupancy by 40 persons or property owned or leased by a local school district that are used for instruction or for 41 student activities as specified in Section 50-60-101(2), MCA and Section 45-8-361, MCA. The 42 term is construed as though followed by the words "or part or parts of a building" and is 43 considered to include all stadiums, bleachers, and other similar outdoor facilities, whether 44 temporary or permanently fixed. 45 46

The Board of Trustees may grant persons and entities advance permission to possess, carry, or 1 store a weapon in a school building. All persons who wish to possess, carry, or store a weapon 2 in a school building must request permission of the Board at a regular meeting. The Board has 3 sole discretion in deciding whether to allow a person to possess, carry, or store a weapon in a 4 school building. 5 6

This section does not apply to a law enforcement officer acting in the officer’s official capacity 7 or an individual previously authorized by the Board of Trustees to possess a firearm or weapon 8 in a school building. 9 10

The Board of Trustees shall annually review this policy and update this policy as determined 11 necessary by the trustees based on changing circumstances pertaining to school safety. 12 13

Cross Reference: 3310 Student Discipline 14 4332 Conduct of School Property 15 5332 Personal Conduct 16 17

Legal Reference: § 20-5-202, MCA Suspension and expulsion 18 § 45-8-361, MCA Possession or allowing possession of 19 a weapon in a school building 20 20 U.S.C. § 7151, et seq. Gun Free Schools Act of 1994 21 18 U.S.C. § 921 Definitions 22 ESSA, Section 4141 Gun Free Requirements 23

Policy History: 24 Adopted on: 05/12/12 25 Reviewed on: 12/18/2013 26 Revised on: 9/21/21 27 28

For minor infractions of school rules or regulations, or for minor misconduct, staff may detain 7 students. Students may be required to attend Saturday detention for up to four (4) hours. 8 9

Preceding the assessment of such punishment, the staff member shall inform the student of the 10 nature of the offense charged and/or the specific conduct which allegedly constitutes the 11 violation. The student shall be afforded an opportunity to explain or justify his/her actions to the 12 staff member. Parents must be notified prior to a student serving an after-school detention. 13 14

Students detained for corrective action or punishment shall be under the supervision of the staff 15 member or designee. 16 17 18 19

Policy History: 20 Adopted on: 12/08/09 21 Reviewed on: 12/18/2013 22 Revised on: 23

Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use 5 6

The District views participation in extracurricular activities as an opportunity extended to 7 students willing to make a commitment to adhere to the rules which govern them. The District 8 believes that participation in organized activities can contribute to all-around development of 9 young men and women and that implementation of these rules will serve these purposes: 10 11

Emphasize concern for the health and well-being of students while participating in 12 activities; 13 14

Provide a chemical-free environment which will encourage healthy development; 15 16

Diminish chemical use by providing an education assistance program; 17 18

Promote a sense of self-discipline among students; 19 20

Confirm and support existing state laws which prohibit use of mood-altering chemicals; 21 22

Emphasize standards of conduct for those students who, through their participation, are 23 leaders and role models for their peers and younger students; and 24 25 Assist students who desire to resist peer pressure that often directs them toward the use of 26 chemicals. 27 28

Violations of established rules and regulations governing chemical use by participants in extra- 29 and co-curricular activities will result in discipline as stated in student and athletic handbooks. 30 31 32 33

Legal Reference: § 20-5-201, MCA Duties and sanctions 34 35

Policy History: 36 Adopted on: 09/08/09 37 Reviewed on: 12/18/2013 38 Revised on: 39

The Board requires all students to present evidence of their having been immunized against the 7 following diseases: varicella, diphtheria, pertussis (whooping cough), poliomyelitis, measles 8 (rubeola), mumps, rubella, and tetanus in the manner and with immunizing agents approved by 9 the department. Haemophilus influenza type “b” immunization is required for students under 10 age five (5). Upon initial enrollment, an immunization status form shall be completed by the 11 student’s parent or guardian. The certificate shall be made a part of the student’s permanent 12 record. 13 14

A student who transfers into the District may photocopy immunization records in the possession 15 of the school of origin. The District will accept the photocopy as evidence of immunization. 16 Within thirty (30) days after a transferring student ceases attendance at the school of origin, the 17 school shall retain a certified copy for the permanent record and send the original immunization 18 records for the student to the school district to which the student transfers. 19 20

Exemptions from one or more vaccines shall be granted for medical reasons upon certification by 21 a licensed or certified health care provider in a manner provided by Section 20-5-405, MCA. 22 Exemptions for religious reasons must be filed in a manner provided by Section 20-5-405, MCA. 23 The statement for an exemption shall be maintained as part of the student’s immunization record 24 in accordance with FERPA as specified in Policy 3600P. 25 26

All students who are enrolled under an exemption and have a disease listed in this Policy, have 27 been exposed to a disease listed in this Policy, or may be exposed to a disease listed in this 28 Policy while attending school may be excluded from the school by the local health officer or the 29 DPHHS until the excluding authority is satisfied that the student no longer risks contracting or 30 transmitting that disease. 31 32

The administrator may allow the commencement of attendance in school by a student who has 33 not been immunized against each disease listed in Section 20-5-403, MCA, if that student has 34 received one or more doses of varicella, polio, measles (rubeola), mumps, rubella, diphtheria, 35 pertussis, and tetanus vaccine, except that Haemophilus influenza type “b” vaccine is required 36 only for children under 5 years of age. 37 38

The District shall exclude a student for noncompliance with the immunization laws and properly 39 notify the parent or guardian. The local health department may seek an injunction requiring the 40 parent to submit an immunization status form, take action to fully immunize the student, or file 41 an exemption for personal or medical reasons. 42 43

This policy does not apply to or govern vaccinations against COVID-19. The Board does not 44 require immunization against COVID-19 in order to enroll in the District in accordance with 45 Montana law. District officials shall not inquire about the COVID-19 vaccination status of 46 students, employees, or visitors. District officials shall not make decisions regarding access to 47

District services for students, employees, or visitors based upon an individual’s COVID-19 4 vaccination status. Students enrolled in dual credit courses in accordance with District policies 5 may be subject to distinct immunization requirements of the applicable post-secondary 6 institution. 7 8

Legal Reference: § 20-3-324(20), MCA Powers and duties 9

§ 20-5-402 - 426, MCA Health 10

§ 20-5-403, MCA

Immunization required – release and 11 acceptance of immunization records 12 § 20-5-405, MCA Exemptions 13 Chapter 418 2021 General Legislative Session 14 15

Policy History: 16 Adopted on: 17 Reviewed on: 12/18/2013 18 Revised on: 9/15/15, 9/21/21 19 20

Physician: Please mark the contraindications/precautions that apply to this patient, then sign and date the back of the form. The signed Medical Exemption Statement verifying true contraindications/precautions is submitted to and accepted by schools, childcare facilities, and other agencies that require proof of immunization. For medical exemptions for conditions not listed below, please note the vaccine(s) that is contraindicated and a description of the medical condition in the space provided at the end of the form. The State Medical Officer may request to review medical exemptions.

Attach a copy of the most current immunization record

Name of patient DOB

Name of parent/guardian Address (patient/parent) School/child care facility

For official use only:

Check if reviewed by public health Name/credentials of reviewer:_ Date of review:_

Medical contraindications for immunizations are determined by the most recent General Recommendations of the Advisory Committee on Immunization Practices (ACIP), U.S. Department of Health and Human Services, published in the Centers for Disease Control and Prevention’s publication, the Morbidity and Mortality Weekly Report.

A contraindication is a condition in a recipient that increases the risk for a serious adverse reaction. A vaccine will not be administered when a contraindication exists. A precaution is a condition in a recipient that might increase the risk for a serious adverse reaction or that might compromise the ability of the vaccine to produce immunity. Under normal conditions, vaccinations should be deferred when a precaution is present

Contraindications and Precautions

Vaccine X Hepatitis B (not currently required by Administrative Rule of Montana [ARM])

DTaP DT, Td Tdap

Contraindications

• Serious allergic reaction (e.g., anaphylaxis) after a previous vaccine dose or vaccine component Precautions

• Moderate or severe acute illness with or without fever

Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a vaccine component

• Encephalopathy within 7 days after receiving previous dose of DTP or DTaP

Precautions

• Progressive neurologic disorder, including infantile spasms, uncontrolled epilepsy, progressive encephalopathy; defer DTaP until neurological status has clarified and stabilized

• Fever ≥40.5°C (105°F) within 48 hours after vaccination with previous dose of DTP or DTaP

• Guillain-Barre′ syndrome ≤6 weeks after a previous dose of tetanus toxoid-containing vaccine

• Seizure ≤3 days after vaccination with previous dose of DTP or DTaP

• Persistent, inconsolable crying lasting ≥3 hours within 48 hours after vaccination with previous dose of DTP/ DTaP

• History of arthus-type hypersensitivity reactions after a previous dose of tetanus toxoidcontaining vaccine

• Moderate or severe acute illness with or without fever

IPV

Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a vaccine component

Precautions

• Pregnancy

• Moderate or severe acute illness with or without fever

PCV

(not currently required by ARM)

Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose (of PCV7, PCV13, or any diphtheria toxoid contain vaccine) or to a component of a vaccine (PCV7, PCV13, or any diphtheria toxoid-containing vaccine)

Precautions

• Moderate or severe acute illness with or without fever

Hib Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a vaccine component

• Age <6 weeks

Precautions

• Moderate or severe acute illness with or without fever

MMR

Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a vaccine component

• Known severe immunodeficiency (e.g., hematologic and solid tumors, chemotherapy, congenital immunodeficiency, long-term immunosuppressive therapy, or patients with HIV infection who are severely immunocompromised )

• Pregnancy

Precautions

• Recent (<11 months) receipt of antibody-containing blood product (specific interval depends on the product)

• History of thrombocytopenia or thrombocytopenic purpura

• Need for tuberculin skin testing

• Moderate or severe acute illness with or without fever

Varicella

Contraindications

• Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a vaccine component

• Known severe immunodeficiency (e.g., hematologic and solid tumors, chemotherapy, congenital immunodeficiency, long-term immunosuppressive therapy, or patients with HIV infection who are severely immunocompromised )

• Pregnancy Precautions

• Recent (<11 months) receipt of antibody-containing blood products (interval depends on product)

• Moderate or severe acute illness with or without fever

For medical conditions not listed, please note the vaccine(s) that is contraindicated and a description of the condition

Instructions

Purpose: To provide Montana physicians with a mechanism to document true medical exemptions to vaccinations

Preparation: 1. Complete patient information (name, DOB, address, and school/childcare facility)

Check applicable vaccine(s) and exemption(s)

Complete date exemption ends and physician information

Completing physician’s name (please print) Address Phone

Montana Code Annotated

20-5-101-410: Montana Immunization Law 52-2-735: Daycare certification

Attach a copy of the most current immunization record

Retain a copy for file

Return original to person requesting form

Reorder: Immunization Program

1400 Broadway, Room C-211 Helena, MT 59620 (406) 444-5580 http://www.dphhs.mt.gov/publichealth/immunization/

Questions? Call (406) 444-5580

Administrative Rules of Montana 37.114.701-721: Immunization of K-12, Preschool, and Post-secondary schools 37.95.140: Daycare Center Immunizations, Group Daycare Homes, Family Day Care Homes

Student's Full Name Birth Date Age Sex

School:

If student is under 18, name of parent, guardian, or other person responsible for student’s care and custody:

Street address and city: Telephone: I, the undersigned, swear or affirm that immunization against Diphtheria, Pertussis, Tetanus (DTaP, DT, Tdap) Polio Measles, Mumps and Rubella (MMR) Varicella (chickenpox) Haemophilus Influenzae Type b (Hib) is contrary to my religious tenets and practices.

I also understand that:

(1) I am subject to the penalty for false swearing if I falsely claim a religious exemption for the above-named student [i.e. a fine of up to $500, up to 6 months in jail, or both (Sec. 45-7-202, MCA)];

(2) In the event of an outbreak of one of the diseases listed above, the above-exempted student may be excluded from school by the local health officer or the Department of Public Health and Human Services until the student is no longer at risk for contracting or transmitting that disease; and

(3) A new affidavit of exemption for the above student must be signed, sworn to, and notarized yearly, before the start of the school year and kept together with the State of Montana Certificate of Immunization (HES-101) in the school’s records.

Signature of parent, guardian, or other person Date responsible for the above student’s care and custody; or of the student, if 18 or older.

Subscribed and sworn to before me this day of ,

Seal

Signature: Notary Public for the State of Montana

Print Name: Notary Public for the State of Montana

Residing in My commission expires

Helena Flats School District

Management of Sports Related Concussions

The Helena Flats School District recognizes that concussions and head injuries are possible 7 injuries in children and adolescents who participate in sports and other recreational activities. 8 The Board acknowledges the risk of catastrophic injuries or death is significant when a 9 concussion or head injury is not properly evaluated and managed. Therefore, all K-12 10 competitive sport athletic activities in the District will be identified by the administration. 11 Consistent with guidelines provided by the U.S. Department of Health and Human Services, 12 Centers for Disease Control and Prevention, the National Federation of High School (NFHS) and 13 the Montana High School Association (MHSA), the District will utilize procedures developed by 14 the MHSA and other pertinent information to inform and educate coaches, athletic trainers, 15 officials, youth athletes, and their parents and/or guardians of the nature and risk of concussions 16 or head injuries, including the dangers associated with continuing to play after a concussion or 17 head injury. Resources are available on the Montana High School Association Sports Medicine 18 page at www.mhsa.org; U.S. Department of Health and Human Services page at: www.hhs.gov; 19 and; the Centers for Disease and Prevention page at www.cdc.gov/concussion/sports.index.html. 20 21

Annually, the district will distribute a head injury and concussion information and sign-off sheet 22 to all parents and guardians of student-athletes in competitive sport activities prior to the student- 23 athlete's initial practice or competition. 24

All coaches, athletic trainers, officials, including volunteers participating in organized youth 25 athletic activities, shall complete the training program at least once each school year as required 26 in the District procedure. Additionally, all coaches, athletic trainers, officials, including 27 volunteers participating in organized youth athletic activities will comply with all procedures for 28 the management of head injuries and concussions. 29 30

Reference: Montana High School Association, Rules and Regulations 31 Section 4, Return to Play 32 33

Legal Reference: Dylan Steigers Protection against Student Athlete Act 34 35

Cross Reference: 3415F Student-Athlete & Parent/Legal Custodian Concussion Statement 36 37 38

Policy History: 39 Adopted on: 01/21/2014 40 Reviewed on: 41 Revised on: 42

Student-Athlete & Parent/Legal Custodian Concussion Statement 3415F

Because of the passage of the Dylan Steiger’s Protection of Youth Athletes Act, schools are required to distribute information sheets for the purpose of informing and educating student-athletes and their parents of the nature and risk of concussion and head injury to student athletes, including the risks of continuing to play after concussion or head injury. Montana law requires that each year, before beginning practice for an organized activity, a student-athlete and the student-athlete’s parent(s)/legal guardian(s) must be given an information sheet, and both parties must sign and return a form acknowledging receipt of the information to an official designated by the school or school district prior to the student-athletes participation during the designated school year. The law further states that a student-athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from play at the time of injury and may not return to play until the student-athlete has received a written clearance from a licensed health care provider.

Student-Athlete Name: This form must be completed for each student-athlete, even if there are multiple student-athletes in each household.

Parent/Legal Custodian Name(s):

□ We have read the Student-Athlete & Parent/Legal Custodian Concussion Information Sheet. If true, please check box

After reading the information sheet, I am aware of the following information: StudentAthlete Initials

A concussion is a brain injury, which should be reported to my parents, my coach(es), or a medical professional if one is available.

A concussion can affect the ability to perform everyday activities such as the ability to think, balance, and classroom performance.

A concussion cannot be “seen.” Some symptoms might be present right away. Other symptoms can show up hours or days after an injury.

Parent/Legal Custodian Initials

I will tell my parents, my coach, and/or a medical professional about my injuries and illnesses. N/A

If I think a teammate has a concussion, I should tell my coach(es), parents, or licensed health care professional about the concussion. N/A

I will not return to play in a game or practice if a hit to my head or body causes any concussion-related symptoms. N/A

I will/my child will need written permission from a licensed health care professional to return to play or practice after a concussion.

After a concussion, the brain needs time to heal. I understand that I am/my child is much more likely to have another concussion or more serious brain injury if return to play or practice occurs before concussion symptoms go away.

Sometimes, repeat concussions can cause serious and long-lasting problems. I have read the concussion symptoms on the Concussion fact sheet.

Signature of Student-Athlete Date

Signature of Parent/Legal Custodian Date

A concussion is a type of traumatic brain injury, or TBI, caused by a bump, blow, or jolt to the head that can change the way your brain normally works. Concussions can also occur from a blow to the body that causes the head to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be mild bump or blow to the head can be serious. Concussions can occur in any sport or recreation activity. So, all coaches, parents, and athletes need to learn concussion signs and symptoms and what to do if a concussion occurs.

SIGNS AND SYMPTOMS OF A CONCUSSION

SIGNS OBSERVED BY PARENTS OR GUARDIANS SYMPTOMS REPORTED BY YOUR CHILD OR TEEN

•Appears dazed or stunned

•Is confused about events

•Answers questions slowly

•Repeats questions

•Can’t recall events prior to the hit, bump, or fall

•Can’t recall events after the hit, bump, or fall

•Loses consciousness (even briefly)

•Shows behavior or personality changes

•Forgets class schedule or assignments

Thinking/Remembering:

•Difficulty thinking clearly

•Difficulty concentrating or remembering

•Feeling more slowed down

•Feeling sluggish, hazy, foggy, or groggy

Physical:

•Headache or “pressure” in head

•Nausea or vomiting

•Balance problems or dizziness

•Fatigue or feeling tired

•Blurry or double vision

•Sensitivity to light or noise

•Numbness or tingling

•Does not “feel right”

LINKS TO OTHER RESOURCES

• CDC –Concussion in Sports

o http://www.cdc.gov/concussion/sports/index.html

Emotional:

•Irritable

•Sad

•More emotional than usual

•Nervous

Sleep*:

•Drowsy

•Sleeps lessthan usual •Sleeps morethan usual

•Has trouble falling asleep

*Only ask about sleep symptoms if the injury occurred on a prior day.

• National Federation of State High School Association/ Concussion in Sports - What You Need To Know

o www.nfhslearn.com

• Montana High School Association – Sports Medicine Page

o http://www.mhsa.org/SportsMedicine/SportsMed.htm

A Fact Sheet for ATHLETES

WHAT IS A CONCUSSION?

A concussion is a brain injury that:

• Is caused by a bump or blow to the head

• Can change the way your brain normally works

• Can occur during practices or games in any sport

• Can happen even if you haven’t been knocked out

• Can be serious even if you’ve just been “dinged”

WHAT ARE THE SYMPTOMS OF A CONCUSSION?

• Headache or “pressure” in head

• Nausea or vomiting

• Balance problems or dizziness

• Double or blurry vision

• Bothered by light

• Bothered by noise

• Feeling sluggish, hazy, foggy, or groggy

• Difficulty paying attention

• Memory problems

• Confusion

• Does not “feel right”

WHAT SHOULD I DO IF I THINK I HAVE A CONCUSSION?

• Tell your coaches and your parents. Never ignore a bump or blow to the head even if you feel fine. Also, tell your coach if one of your teammates might have a concussion.

• Get a medical checkup. A doctor or health care professional can tell you if you have a concussion and when you are OK to return to play.

• Give yourself time to get better. If you have had a concussion, your brain needs time to heal. While your brain is still healing, you are much more likely to have a second concussion. Second or later concussions can cause damage to your brain. It is important to rest until you get approval from a doctor or health care professional to return to play.

HOW CAN I PREVENT A CONCUSSION?

Every sport is different, but there are steps you can take to protect yourself.

• Follow your coach’s rules for safety and the rules of the sport.

• Practice good sportsmanship at all times.

• Use the proper sports equipment, including personal protective equipment (such as helmets, padding, shin guards, and eye and mouth guards). In order for equipment to protect you, it must be:

> The right equipment for the game, position, or activity

> Worn correctly and fit well

> Used every time you play

WHAT IS A CONCUSSION?

A concussion is a brain injury. Concussions are caused by a bump or blow to the head. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump or blow to the head can be serious.

You can’t see a concussion. Signs and symptoms of concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If your child reports any symptoms of concussion, or if you notice the symptoms yourself, seek medical attention right away.

WHAT ARE THE SIGNS AND SYMPTOMS OF A CONCUSSION?

Signs Observed by Parents or Guardians

If your child has experienced a bump or blow to the head during a game or practice, look for any of the following signs and symptoms of a concussion:

• Appears dazed or stunned

• Is confused about assignment or position

• Forgets an instruction

• Is unsure of game, score, or opponent

• Moves clumsily • Answers questions slowly

• Loses consciousness (even briefly)

• Shows behavior or personality changes

• Can’t recall events prior to hit or fall

• Can’t recall events after hit or fall

Symptoms Reported by Athlete

• Headache or “pressure” in head

• Nausea or vomiting

• Balance problems or dizziness

• Double or blurry vision

• Sensitivity to light

• Sensitivity to noise

• Feeling sluggish, hazy, foggy, or groggy

• Concentration or memory problems

• Confusion

• Does not “feel right”

HOW CAN YOU HELP YOUR CHILD PREVENT A CONCUSSION?

Every sport is different, but there are steps your children can take to protect themselves from concussion.

• Ensure that they follow their coach’s rules for safety and the rules of the sport.

• Encourage them to practice good sportsmanship at all times.

• Make sure they wear the right protective equipment for their activity (such as helmets, padding, shin guards, and eye and mouth guards). Protective equipment should fit properly, be well maintained, and be worn consistently and correctly.

• Learn the signs and symptoms of a concussion.

WHAT SHOULD YOU DO IF YOU THINK YOUR CHILD HAS A CONCUSSION?

1. Seek medical attention right away. A health care professional will be able to decide how serious the concussion is and when it is safe for your child to return to sports.

2. Keep your child out of play. Concussions take time to heal. Don’t let your child return to play until a health care professional says it’s OK. Children who return to play too soon while the brain is still healing risk a greater chance of having a second concussion. Second or later concussions can be very serious. They can cause permanent brain damage, affecting your child for a lifetime.

3. Tell your child’s coach about any recent concussion. Coaches should know if your child had a recent concussion in ANY sport. Your child’s coach may not know about a concussion your child received in another sport or activity unless you tell the coach.

A. Athletic Director or Administrator in Charge of Athletic Duties: 7

1. Updating: Each spring, the athletic director, or the administrator in charge of athletics if there 8 is no athletic director, shall review any changes that have been made in procedures required 9 for concussion and head injury management or other serious injury by consulting with the 10 MHSA or the MHSA Web site, U.S. DPHHS, and CDCP web site. If there are any updated 11 procedures, they will be adopted and used for the upcoming school year. 12

2. Identified Sports: Identified sports include all organized youth athletic activity sponsored by 13 the school or school district. 14

B. Training: All coaches, athletic trainers, and officials, including volunteers shall undergo training 15 in head injury and concussion management at least once each school year by one of the following 16 means: (1) through viewing the MHSA sport-specific rules clinic; (2) through viewing the 17 MHSA concussion clinic found on the MHSA Sports Medicine page at www.mhsa.org; or by the 18 district inviting the participation of appropriate advocacy groups and appropriate sports 19 governing bodies to facilitate the training requirements. 20

C. Parent Information Sheet: On a yearly basis, a concussion and head injury information sheet 21 shall be distributed to the student-athlete and the athlete's parent and/or guardian prior to the 22 student-athlete's initial practice or competition. This information sheet may be incorporated into 23 the parent permission sheet which allows students to participate in extracurricular athletics and 24 should include resources found on the MHSA Sports Medicine page at www.mhsa.org, U.S. 25 DPHHS, and CDCP websites. 26

D. Responsibility: An athletic trainer, coach, or official shall immediately remove from play, 27 practice, tryouts, training exercises, preparation for an athletic game, or sport camp a student- 28 athlete who is suspected of sustaining a concussion or head injury or other serious injury. 29

E. Return to Play After Concussion or Head Injury: In accordance with MHSA Return to Play 30 Rules and Regulations and the Dylan Steigers Protection against Student Athlete Act, a student 31 athlete who has been removed from play, practice, tryouts, taining exercises, preparation for an 32 athletic game, or sport camp may not return until the athlete is cleared by a licensed health care 33 professional (registered, licensed, certified, or otherwise statutorily recorgnized health care 34 professional). The health care provider may be a volunteer. 35 36

Policy History: 37

Adopted on: 12/18/2013 38

Reviewed on: 39 Revised on: 40

Helena Flats School District 1

STUDENTS

Administering Medication to Students 5 6

“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food 7 and Drug Administration and are ordered by a healthcare provider. It includes over-the-counter 8 medications prescribed through a standing order by authorized physician or prescribed by the 9 student’s healthcare provider. 10 11

Except in an emergency situation, only a qualified healthcare professional may administer a drug 12 or a prescription drug to a student under this policy. Diagnosis and treatment of illness and the 13 prescribing of drugs are never the responsibility of a school employee and should not be 14 practiced by any school personnel. 15 16

Administering Medication 17 18

The Board shall permit administration of medication to students in schools in its jurisdiction. A 19 school nurse or other employee who has successfully completed specific training in 20 administration of medication, pursuant to written authorization of a physician or dentist and that 21 of a parent, an individual who has executed a caretaker relative educational authorization 22 affidavit, or guardian, may administer medication to any student in the school or may delegate 23 this task pursuant to Montana law. 24 25

Emergency Administration of Medication 26 27

In the event of an emergency, a school nurse or trained staff member, exempt from the nursing 28 license requirement under § 37-8-103(1)(c), MCA, may administer emergency medication to any 29 student in need thereof on school grounds, in a school building, at a school function, or on a 30 school bus according to a standing order of an authorized physician or a student’s private 31 physician. In the event that emergency medication is administered to a student, the school nurse 32 or staff member shall call emergency responders and notify the student’s parents/guardians. A 33 building administrator or school nurse shall enter any medication to be administered in an 34 emergency on an individual student medication record and retain the documentation. 35 36

37 38

Assisting Students with Self-Administration of Medication

A building principal or other school administrator may authorize, in writing, any school 39 employee: 40 41

To assist in self-administration of any drug that may lawfully be sold over the counter 42 without a prescription to a student in compliance with the written instructions and with 43 the written consent of a student’s parent or guardian; and 44 45

To assist in self-administration of a prescription drug to a student in compliance with 46

written instructions or standing order of an authorized physician or a student’s private 4 physician and with the written consent of a student’s parent or guardian. 5 6

A school employee authorized, in writing, assist students with self-administration of 7 medications, may only rely on the following techniques: 8 9

• Making oral suggestions, prompting, reminding, gesturing, or providing a written guide 10 for self-administering medications; 11

• Handing to a student a prefilled, labeled medication holder or a labeled unit dose 12 container, syringe, or original marked and labeled container from a pharmacy; 13

• Opening the lid of a container for a student; 14

• Guiding the hand of a student to self-administer a medication; 15

• Holding and assisting a student in drinking fluid to assist in the swallowing of oral 16 medications; and 17

• Assisting with removal of a medication from a container for a student with a physical 18 disability that prevents independence in the act. 19

• Other guidance or restrictions previously provided in writing to the school by a student’s 20 parent, an individual who has executed a caretaker relative educational authorization 21 affidavit, or guardian is on file. 22 23

Self-Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication 24 25

Students with allergies or asthma may be authorized by the building principal or Superintendent, 26 in consultation with medical personnel, to possess and self-administer emergency medication 27 during the school day, during field trips, school-sponsored events, or while on a school bus. The 28 student shall be authorized to possess and self-administer medication if the following conditions 29 have been met: 30 31

• A written and signed authorization from the parents, an individual who has executed a 32 caretaker relative educational authorization affidavit, or guardians for self-administration 33 of medication, acknowledging that the District or its employees are not liable for injury 34 that results from the student self-administering the medication. 35

• The student shall have the prior written approval of his/her primary healthcare provider. 36 The written notice from the student’s primary care provider shall specify the name and 37 purpose of the medication, the prescribed dosage, frequency with which it may be 38 administered, and the circumstances that may warrant its use. 39

• Documentation that the student has demonstrated to the healthcare practitioner and the 40 school nurse, if available, the skill level necessary to use and administer the medication. 41

• Documentation of a doctor-formulated written treatment plan for managing asthma, 42 severe allergies, or anaphylaxis episodes of the student and for medication use by the 43 student during school hours. 44 45

Authorization granted to a student to possess and self-administer medication shall be valid for 46

the current school year only and shall be renewed annually. A student’s authorization to possess 4 and self-administer medication may be limited or revoked by the building principal or other 5 administrative personnel. 6 7

If provided by the parent, an individual who has executed a caretaker relative educational 8 authorization affidavit, or guardian, and in accordance with documentation provided by the 9 student’s doctor, backup medication shall be kept at a student’s school in a predetermined 10 location or locations to which the student has access in the event of an asthma, severe allergy, or 11 anaphylaxis emergency. 12 13 Immediately after using epinephrine during school hours, a student shall report to the school 14 nurse or other adult at the school who shall provide follow up care, including making a call to 15 emergency responders 16 17

Self-Administration of Other Medication 18 19

The District shall permit students who are able to self-administer specific medication to do so 20 provided that all of the following have occurred: 21 22

• A physician, dentist, or other licensed health care provider provides a written order for 23 self-administration of said medication; 24

• Written authorization for self-administration of medication from a student’s parent, an 25 individual who has executed a caretaker relative educational authorization affidavit, or 26 guardian is on file; and 27

• A principal and appropriate teachers are informed that a student is self-administering 28 prescribed medication. 29 30

Administration of Glucagons 31 32

School employees may voluntarily agree to administer glucagons to a student pursuant to § 20-5- 33 412, MCA, only under the following conditions: (1) the employee may administer glucagon to a 34 diabetic student only in an emergency situation; (2)the employee has filed the necessary 35 designation and acceptance documentation with the District, as required by § 20-5-412(2), MCA, 36 and (3) the employee has filed the necessary written documentation of training with the District, 37 as required by § 20-5-412(4), MCA. Designation of staff is to be made by a parent, and individual 38 who has executed a caretaker relative authorization affidavit, or guardian of a diabetic student, and 39 school employees are under no obligation to agree to designation. Glucagon is to be provided by the 40 parent or guardian. All documentation shall be kept on file. 41 42

43 44

Handling and Storage of Medications

The Board requires that all medications, including those approved for keeping by students for 45 self-medication, be first delivered by a parent, an individual who has executed a caretaker 46

relative educational authorization affidavit, or other responsible adult to a nurse or employee 4 assisting with self-administration of medication. A nurse or assistant: 5 6

• Shall examine any new medication to ensure it is properly labeled with dates, name of 7 student, medication name, dosage, and physician’s name; 8

• Shall develop a medication administration plan, if administration is necessary for a 9 student, before any medication is given by school personnel; 10

• Shall record on the student’s individual medication record the date a medication is 11 delivered and the amount of medication received; 12

• Shall store medication requiring refrigeration at 36° to 46° F; 13

• Shall store prescribed medicinal preparations in a securely locked storage compartment; 14 and 15

• Shall store controlled substances in a separate compartment, secured and locked at all 16 times. 17

• All non-emergency medication shall be kept in a locked, nonportable container, stored in 18 its original container with the original prescription label. Epinephrine, naloxone, and 19 student emergency medication may be kept in portable containers and transported by the 20 school nurse or other authorized school personnel. 21

• Food is not allowed to be stored in refrigeration unit with medications. 22

• Shall notify the building administrator, school district nurse, and parent or guardian of 23 any medication error and document it on the medication administration record. 24 25

The District shall permit only a forty-five-(45)-school-day supply of a medication for a student to 26 be stored at a school; and all medications, prescription and nonprescription, shall be stored in 27 their original containers. 28 29

The District shall limit access to all stored medication to those persons authorized to administer 30 medications or to assist in the self-administration of medications. The District requires every 31 school to maintain a current list of those persons authorized by delegation from a licensed nurse 32 to administer medications. 33 34

The District may maintain a stock supply of auto-injectable epinephrine to be administered by a 35 school nurse or other authorized personnel to any student or nonstudent as needed for actual or 36 perceived anaphylaxis. If the district intends to obtain an order for emergency use of epinephrine 37 in a school setting or at related activities, the district shall adhere to the requirements stated in 38 law. 39 40

The District may maintain a stock supply of an opioid antagonist to be administered by a school 41 nurse or other authorized personnel to any student or nonstudent as needed for an actual or 42 perceived opioid overdose. A school that intends to obtain an order for emergency use of an 43 opioid antagonist in a school setting or at related activities shall adhere to the requirements in 44 law. 45 46

Disposal of Medication, Medical Equipment, Personal Protective Equipment

The District requires school personnel either to return to a parent, an individual who has 6 executed a caretaker relative educational authorization affidavit, or guardian or, with permission 7 of the parent, an individual who has executed a caretaker relative educational authorization 8 affidavit, or guardian, to destroy any unused, discontinued, or obsolete medication. A school 9 nurse, in the presence of a witness, shall destroy any medicine not repossessed by a parent or 10 guardian within a seven-(7)-day period of notification by school authorities. 11 12

Medical sharps shall be disposed of in an approved sharps container. Building administrators 13 should contact the school nurse or designated employee when such a container is needed. Sharps 14 containers are to be kept in a secure location in the school building. Disposal of sharps container, 15 medical equipment, and personal protective equipment is the responsibility of the school nurse or 16 designated employee in accordance with the Montana Infectious Waste Management Act and the 17 manufacture guidelines specific to the container or equipment. 18 19

Legal Reference: § 20-5-412, MCA

Definition – parent-designated adult 20 administration of glucagons – training 21 § 20-5-420, MCA Self-administration or possession of asthma, 22 severe allergy, or anaphylaxis medication 23

§ 20-5-421, MCA Emergency use of epinephrine in school 24 setting 25

§ 37-8-103(1)(c), MCA Exemptions – limitations on authority 26 27

§ 20-5-426, MCA Emergency use of an opioid antagonist in 28 school setting – limit on liability 29

§ 75-10-1001, et seq Infectious Waste Management Act 30 37.111.812, ARM Safety Requirements 31 10.55.701(s), ARM Board of Trustees 32

Policy History: 33 Adopted on: 05/15/12 34 Reviewed on: 35 Revised on: 12/18/2013, 1/17/23 36

Montana Authorization to Possess or Self-Administer Asthma, Severe Allergy, or Anaphylaxis Medication

For this student to possess or self-administer asthma, severe allergy, or anaphylaxis medication while in school, while at a school sponsored activity, while under the supervision of school personnel, before or after normal school activities (such as while in before-school or after-school care on school-operated property), or while in transit to or from school or school-sponsored activities, this form must be fully completed by: 1) the prescribing physician/ physician assistant/advanced practice registered nurse, and 2) an authorizing parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or legal guardian.

Student’s Name:_______________________________ School: Sex: (Please circle) Female/Male City/Town: ___________ Birth Date: _____/_____/_____ School Year: ______ (Must be renewed annually)

Physician’s Authorization: The above named student has my authorization to carry and self administer the following medication: Medication: (1) Dosage: (1) ___________ ________ (2) ________________________ (2) ___________________ Reason for prescription(s): ____________________________________________________ Medication(s) to be used under the following conditions (times or special circumstances): _____________________

I confirm that this student has been instructed in the proper use of this medication and is able to self-administer this medication without school personnel supervision. I have formulated and provided to the parent/guardian or caretaker relative a written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes and for medication use by this student during school hours and school activities.

Authorization by Parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or Guardian

As the parent, individual who has executed a caretaker relative educational or medical authorization affidavit, or guardian of the above named student, I confirm that this student has been instructed by his/her health care provider on the proper use of this/these medication(s). He/she has demonstrated to me that he/she understands the proper use of this medication. He/she is physically, mentally, and behaviorally capable to assume this responsibility. He/she has my permission to self-medicate as listed above, if needed. If he/she has used epinephrine during school hours, he/she understands the need to alert the school nurse or other adult at the school who will provide follow-up care, including making a 9-1-1 emergency call.

I acknowledge that the school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the self-administration of medication by the student, and I indemnify and hold them harmless for such injury, unless the claim is based on an act or omission that is the result of gross negligence, willful and wanton conduct, or an intentional tort.

I agree to work with the school in establishing a plan for use and storage of backup medication. This will include a predetermined location to keep backup medication to which my child has access in the event of an asthma, severe allergy, or anaphylaxis emergency. I have provided the following backup medication: __________________

I understand that in the event the medication dosage is altered, a new “self-administration form” must be completed, or the health care provider may rewrite the order on his/her prescription pad, and I, the parent/caretaker relative/guardian, will sign the new form and assure the new order is attached.

I understand it is my responsibility to pick up any unused medication at the end of the school year, and the medication that is not picked up will be disposed of.

I authorize the school administration to release this information to appropriate school personnel and classroom teachers.

Parent/Guardian, Caretaker Relative Signature: ______________________ Date: (Original signed authorization to the school; a copy of the signed authorization to the parent/guardian and health care provider) See, generally, Mont. Code Ann. § 20-5-420.

Signature of Physician/PA/APRN Phone Number Date

DESIGNATION AND ACCEPTANCE TO ADMINISTER

GLUCAGON

As a parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or a guardian of a diabetic student, I have designated __________________ to administer glucagon to __________________ only in emergency situations. I understand the designee must be an adult.

Signature Date

As the parent-designated adult, I agree to administer glucagon only in emergency situations to ________________ __. I understand the glucagon must be provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or the guardian of the student. I confirm that I have been trained in recognizing hypoglycemia and the proper method of administering glucagon. I have been trained by _____ on the ______ day of _______________, 20___.

Signature of parent-designated adult Date

Helena Flats School District

Communicable Diseases 5

Note: For purposes of this policy, the term “communicable disease” refers to the diseases identified in 6 37.114.203, ARM, Reportable Diseases, with the exception of common colds and flu. 7 8

In all proceedings related to this policy, the District will respect a student’s right to privacy. 9 Although the District is required to provide educational services to all school-age children who reside 10 within its boundaries, it may deny attendance at school to any child diagnosed as having a communicable 11 disease that could make a child’s attendance harmful to the welfare of other students. The District also 12 may deny attendance to a child with suppressed immunity in order to protect the welfare of that child 13 when others in a school have an infectious disease, which, although not normally life threatening, could 14 be life threatening to a child with suppressed immunity. 15 16

The Board recognizes that communicable diseases that may afflict students range from common 17 childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as human 18 immunodeficiency virus (HIV) infection. The District will rely on advice of the public health and 19 medical communities in assessing the risk of transmission of various communicable diseases to determine 20 how best to protect the health of both students and staff. 21 22

The District will manage common communicable diseases in accordance with Montana Department of 23 Public Health and Human Services guidelines and communicable diseases control rules. The District may 24 temporarily exclude from school attendance a student who exhibits symptoms of a communicable disease 25 that is readily transmitted in a school setting. 26 27

Students who complain of illness at school may be referred to a school nurse or other responsible person 28 designated by the Board and may be sent home as soon as a parent or person designated on a student’s 29 emergency medical authorization form has been notified. The District reserves the right to require a 30 statement from a student’s primary care provider authorizing a student’s return to school. 31 32

When information is received by a staff member or a volunteer that a student is afflicted with a serious 33 communicable disease, the staff member or volunteer will promptly notify a school nurse or other 34 responsible person designated by the Board to determine appropriate measures to be taken to protect 35 student and staff health and safety. A school nurse or other responsible person designated by the Board, 36 after consultation with and on advice of public health officials, will determine which additional staff 37 members, if any, have need to know of the affected student’s condition. 38 39

Only those persons with direct responsibility for the care of a student or for determining appropriate 40 educational accommodation will be informed of the specific nature of a condition, if it is determined that 41 such individuals need to know this information. 42 43

The District may notify parents of other children attending a school that their children have been exposed 44 to a communicable disease without identifying the particular student who has the disease. 45 46

Legal Reference: 37.114.101, et seq., ARM Communicable Disease Control 47

Policy History: 48

Adopted on: 09/08/09 49 Reviewed on: 12/18/2013 50 Revised on: 51

The Board recognizes its responsibility to all students enrolled in the Helena Flats School to 7 provide a safe and healthy environment in which they may attend school. One inhibitor to a 8 healthy environment is the head louse (Pediculus capitis). Head lice infestations must be 9 addressed in public schools if a healthy environment is to be maintained. Every attempt will be 10 made to educate students and parents on the prevention and eradication of head lice before and 11 after infestation is detected. 12 13

The innocent desire of children to be social and the communicable nature of lice requires 14 preventive measures by the school district and the public health agency to contain infestations. 15 The Helena Flats School will work cooperatively with the public health agency to insure that 16 infestations of head lice are contained and eradicated in the school. 17 18

In the interest of health and welfare of students enrolled in Helena Flats School, no student will 19 be permitted to attend classes with the general population if they are infested with head lice. 20 21

To avoid embarrassment and to contain the infestation, whole classrooms will be checked for 22 head lice upon the report of possible infestation by a classroom teacher. The administrator, 23 his/her designee, school nurse or another qualified professional will examine the child in 24 question and their classmates. Siblings of students found with lice and their classmates will also 25 be checked if there is suspicion that infestation may exist. 26 27

The student found with head lice is to be kept out of school until he/she is treated and hair is free 28 of lice and eggs. Although eggs (nits) cannot spread to other children, they may hatch in 2-3 29 days and would immediately become communicable. A child may return to school after being 30 successfully treated so that no live lice are present 31 32

Parents or guardians will be informed of lice infestation by a letter that explains the problem, 33 lists the procedures for treatment and requirements for reentering school. Every attempt will be 34 made to contact parents or guardians immediately upon discovery of head lice. Parents will be 35 asked to come to school to pick up the student and begin treatment immediately. 36 37 38

The Board recognizes that schools are responsible for providing first aid or emergency treatment 7 to a student in case of sudden illness or injury; however, further medical attention is the 8 responsibility of a parent or guardian. 9 10

The District requires that every parent or guardian provide a telephone number where a parent or 11 designee of a parent may be reached in case of an emergency. 12 13

When a student is injured, staff will provide immediate care and attention until relieved by a 14 superior, a nurse, or a doctor. The District will employ its normal procedures to address medical 15 emergencies without regard to the existence of a do not resuscitate (DNR) request. A principal 16 or designated staff member will immediately call a parent or parental designee so that the parent 17 may arrange for care or treatment of an injured student. 18 19

When a student develops symptoms of illness while at school, a responsible school official will 20 do the following: 21 22

Isolate the student from other children to a room or area segregated for that purpose; 23 24

Inform a parent or guardian as soon as possible about the illness and request the parent or 25 guardian to pick up the child; and 26 27

Report each case of suspected communicable disease the same day by telephone to a 28 local health authority or as soon as possible thereafter if a health authority cannot be 29 reached the same day. 30 31

When a parent or guardian cannot be reached, and it is the judgment of a principal or other 32 person in charge that immediate medical attention is required, an injured student may be taken 33 directly to a hospital. Once located, a parent or a guardian is responsible for continuing 34 treatment or for making other arrangements. 35 36 37 38

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance 39 40

Policy History: 41

Adopted on: 02/19/10 42 Reviewed on: 12/18/2013 43 Revised on: 44

Removal of Student During School Day

The Board recognizes its responsibility for the proper care of students during a school day. In 7 accordance with District procedures, only a duly authorized person may remove a student from 8 school grounds, any school building, or school function during a school day. A person seeking 9 to remove a student from school must present evidence satisfactory to the Superintendent of 10 having proper authority to remove the student. A teacher should not excuse a student from class 11 to confer with anyone, unless a request is approved by the Superintendent. The Superintendent 12 will establish procedures for removal of a student during a school day. 13 14 15 16

Policy History: 17 Adopted on: 05/10 18 Reviewed on: 12/18/2013 19 Revised on: 20

Helena Flats School District

Removal of Student During School Day 5 6

Schools must exercise a high order of responsibility for the care of students while in school. The 7 removal of a student during the school day may be authorized in accordance with the following 8 procedures: 9 10

1. Law enforcement officers, upon proper identification, may remove a student from school 11 as provided in Policies 4410 and 4411. 12 13

2. Any other agencies must have a written administrative or court order directing the 14 District to give custody to them. However, employees of the Department of Public Health 15 and Human Services may take custody of a student under provisions of § 41-3-301, 16 MCA, without a court order. Proper identification is required before the student shall be 17 released. 18 19

3. A student shall be released to the custodial parent. When in doubt as to custodial rights, 20 school enrollment records must be relied upon, as the parents (or guardians) have the 21 burden of furnishing schools with accurate, up-to-date information. 22 23

4. The school should always check with the custodial parent before releasing the student to 24 a non-custodial parent. 25 26

5. Prior written authorization from the custodial parent or guardian is required before 27 releasing a student into someone else’s custody, unless an emergency situation justifies a 28 waiver. 29 30

6. Police should be called if a visitor becomes disruptive or abusive. 31 32 33 34

Cross Reference: 4410 Relations With the Law Enforcement and Child Protective 35 Agencies 36 4411 Investigations and Arrests by Police 37 38

Procedure History: 39 Promulgated on: 10/10 40 Reviewed on: 12/18/2013 41 Revised on: 42

1. Student Organizations: 7

8

a. All curricular student clubs or organizations must be approved by the 9 administration. Secret or clandestine organizations or groups will not be 10 permitted. 11

b. Bylaws and rules of curricular student clubs or organizations must not be contrary 12 to Board policy or to administrative rules and regulations. 13

c. Procedures in curricular student clubs or organizations must follow generally 14 accepted democratic practices in the acceptance of members and nomination and 15 election of officers. 16

d. Student led and initiated non-curricular student groups may meet at school in 17 accordance with District Policy without the sponsorship of the School District. 18 19

20 21

2. Social Events

a. Social events must have prior approval of the administration. 22 b. Social events must be held in school facilities unless approved by the Board. 23 c. Social events must be chaperoned at all times. 24 25

26 27

3. Extracurricular Activities

a. Academic and behavior eligibility rules are established by District policy. 28 b. Any student convicted of a criminal offense may, at the discretion of school 29 officials, become ineligible for such a period of time as the school officials may 30 decide. 31

c. In establishing an interscholastic program, the Board directs the administration to: 32 i. Open all sports to all students enrolled in the District, with an equal 33 opportunity for participation. 34

ii. Open all sports to residents of the school district and who is at least 5 35 years of age on or before September 10 of the year in which participation 36 in extracurricular activities is sought by such child in accordance with the 37 provisions of this policy. 38

iii. Recommend sports activities based on interest inventories completed by 39 the students. 40 41

42 43

4. Participation in District Extracurricular Activities by Unenrolled Children

a. Any child identified in Section 3.c.ii of this policy who is attending a nonpublic or home 44 school meeting the requirements of section 20-5-109: 45 46

i. Is eligible to seek to participate in any extracurricular activity of the District that 4 is offered to pupils of the district who are of the same age. 5

ii. Is subject to the same standards for participation as those required of full-time 6 pupils enrolled in the school and the same rules of any interscholastic 7 organization of which the school of participation is a member as specified in 8 Section 3.a. and 3.b. of this policy and any related student or activity handbook 9 provisions. 10

iii. Will be assessed for purposes of placement, team formation and cuts using the 11 same criteria as used for full-time pupils enrolled in the District. 12

b. In cases where there is more than one school serving the same age group within District 13 boundaries, a child under Section 4 of this policy shall be subject to the same school zone 14 rules applicable to full-time pupils of the District. Participation for one school for one 15 sport and another school for another sport is prohibited. 16

c. The academic eligibility for extracurricular participation for a student attending a 17 nonpublic school as specified under Section 4.a.ii of this policy shall be attested by the 18 head administrator of the nonpublic school. No further verification shall be required. 19

d. The academic eligibility for extracurricular participation for a student attending a home 20 school as specified under Section 4.a.ii shall be attested in writing by the educator 21 providing the student instruction with verification by the school principal for the school 22 of participation. The verification may not include any form of student assessment. 23

e. Students participating in extracurricular activities under Section 4 of this policy may be 24 considered part-time enrollees for purposes of ANB in accordance with Policy 3150, 25 3121, and 3121P. 26 27

Cross Reference: Policy 3150 Part Time Attendance 28 Policy 3121-3121P Enrollment and Attendance 29 Policy 3233 Student use of Buildings-Equal Access 30 Policy 3550 Student Clubs 31 Policy 2332 Religion and Religious Activities 32 Policy 3222 Distribution and Posting Materials 33 Policy 3233- Student Use of Buildings - Equal Access 34 Policy 4331 Use of School Property for Posting Notices 35 36

Legal Reference: Chapter 297 2021 General Legislative Session 37 Chapter 269 2021 General Legislative Session 38

Policy History: 39 Adopted on: 11/10 40 Reviewed on: 12/18/2013 41 Revised on: 9/21/21 42

5

Student Fees and Fines

Within the concept of free public education, the District will provide an educational program for students 6 as free of costs as possible. 7 8

Fees 9

The Board may require fees for actual cost of breakage and for excessive supplies used in commercial, 10 industrial arts, music, domestic science, science, or agriculture courses. The Board may also charge a 11 student a reasonable fee for any course or activity not reasonably related to a recognized academic and 12 educational goal of the District or for any course or activity taking place outside normal school functions. 13 The Board may waive fees in cases of financial hardship. 14 15

The Board delegates authority to the Superintendent to establish appropriate fees and procedures 16 governing collection of fees and asks the Superintendent to make annual reports to the Board regarding 17 fee schedules. The Board also may require fees for actual cost of breakage and for excessive supplies 18 used in commercial, industrial arts, music, domestic science, science, or agriculture courses. 19 20

Fines 21

The District holds a student responsible for the cost of replacing materials or property that are lost or 22 damaged because of negligence. A building administrator will notify a student and parent regarding the 23 nature of violation or damage, how restitution may be made, and how an appeal may be instituted. 24 25

26

Withholding and Transferring Records for Unpaid Fines or Fees

The District may not refuse to transfer files to another district because a student owes fines or fees. The 27 District may not withhold the school schedule of a student because the student owes fines or fees. The 28 district may withhold the grades, diploma, or transcripts of a current or former student who is responsible 29 for the cost of school materials or the loss or damage of school property until the student or the student’s 30 parent or guardian pays the owed fines or fees 31 32

In the event a student who owes fines or fees transfers to another school district in the state and the 33 District has decided to withhold the student’s grades, diploma, or transcripts from the student and the 34 student’s parent or guardian, the District shall: 35

1. upon receiving notice that the student has transferred to another school district in the state, notify 36 the 's student’s parent or guardian in writing that the school district to which the has transferred 37 will be requested to withhold the student’s grades, diploma, or transcripts until any obligation has 38 been satisfied; 39

2. forward appropriate grades or transcripts to the school district to which the student has 40 transferred; 41

3. at the same time, notify the school district to which the student has transferred of any financial 42 obligation of the student and request the withholding of the student’s grades, diploma, or 43 transcripts until any obligations are met; 44

4. when the student or the student’s parent or guardian satisfies the obligation, inform the school 45 district to which the student has transferred 46 47

A student or parent may appeal the imposition of a charge for damages to the Superintendent and to the 48 Board. 49 50

Legal reference: § 20-1-213 (3), MCA Transfer of school records 51

§ 20-5-201(4), MCA Duties and sanctions 1

§ 20-7-601, MCA Free textbook provisions 2 § 20-9-214, MCA Fees 3

Policy History: 4 Adopted on: 11/10 5 Reviewed on: 12/18/2013 6 Revised on: 01/21/20 7

Student Fund-Raising Activities

The Board acknowledges that the solicitations of funds from students, staff, and citizens must be 7 limited since students are a captive audience and since solicitation can disrupt the program of the 8 schools. Solicitation and collection of money by students for any purpose, including the 9 collection of money by students in exchange for tickets, papers, magazine subscriptions, or for 10 any other goods or services for the benefit of an approved school organization, may be permitted 11 by the Superintendent, providing that the instructional program is not adversely affected. 12 13 14 15

Policy History: 16 Adopted on: 11/10 17 Reviewed on: 12/18/2013 18 Revised on: 19

School student records are confidential, and information from them will not be released other 7 than as provided by law. State and federal laws grant students and parents certain rights, 8 including the right to inspect, copy, and challenge school records. 9 10

The District will ensure information contained in student records is current, accurate, clear, and 11 relevant. All information maintained concerning a student receiving special education services 12 will be directly related to the provision of services to that child. The District may release 13 directory information as permitted by law, but parents will have the right to object to release of 14 information regarding their child. Military recruiters and institutions of higher education may 15 request and receive the names, addresses, and telephone numbers of all high school students, 16 unless the parent(s) notifies the school not to release this information. 17 18

The Superintendent will implement this policy and state and federal law with administrative 19 procedures. The Superintendent or designee will inform staff members of this policy and inform 20 students and their parents of it, as well as of their rights regarding student school records. 21 22

Each student’s permanent file, as defined by the board of public education, must be permanently 23 kept in a secure location. Other student records must be maintained and destroyed as provided in 24 20-1-212, MCA. 25 26

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 27 99 28

§ 20-1-212, MCA Destruction of records by school officer. 29 § 20-5-201, MCA Duties and sanctions 30 § 40-4-225, MCA Access to records by parent 31 10.55.909, ARM Student Records 32 No Child Left Behind Act of 2001, P.L. 107-334 33 34

Policy History: 35 Adopted on: 36 Reviewed on: 12/18/2013 37 Revised on: 38

Helena Flats School District

Notification to Parents and Students of Rights Concerning a Student’s School Records 7 8

This notification may be distributed by any means likely to reach the parent(s)/guardian(s). 9 10

The District will maintain two (2) sets of school records for each student: a permanent record 11 and a cumulative record. The permanent record will include: 12 13

Basic identifying information 14

Academic work completed (transcripts) 15

Level of achievement (grades, standardized achievement tests) 16 Immunization records (per § 20-5-506, MCA) 17

Attendance record 18

Record of any disciplinary action taken against the student, which is educationally related 19 20 The cumulative record may include: 21 22

Intelligence and aptitude scores 23 Psychological reports 24 Participation in extracurricular activities 25 Honors and awards 26 Teacher anecdotal records 27

Verified reports or information from non-educational persons 28 Verified information of clear relevance to the student’s education 29 Information pertaining to release of this record 30 Disciplinary information 31 32

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students 33 over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s 34 education records. They are: 35 36

1. The right to inspect and copy the student’s education records, within a reasonable 37 time from the day the District receives a request for access. 38 39

“Eligible” students, who are eighteen (18) years of age or older, have the right to inspect 40 and copy their permanent record. Parents/guardians or “eligible” students should submit 41 to the school principal (or appropriate school official) a written request identifying the 42 record(s) they wish to inspect. The principal will make, within forty-five (45) days, 43 arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the 44 time and place the records may be inspected. The District charges a nominal fee for 45 copying, but no one will be denied their right to copies of their records for inability to pay 46

3 this cost. 4 5

The rights contained in this section are denied to any person against whom an order of 6 protection has been entered concerning a student. 7 8

2. The right to request amendment of the student’s education records which the 9 parent(s)/guardian(s) or eligible student believes are inaccurate, misleading, 10 irrelevant, or improper. 11 12

Parents/guardians or eligible students may ask the District to amend a record they believe 13 is inaccurate, misleading, irrelevant, or improper. They should write the school principal 14 or records custodian, clearly identifying the part of the record they want changed, and 15 specify the reason. 16 17

If the District decides not to amend the record as requested b y the parent(s)/guardian(s) or 18 eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the 19 decision and advise him or her of their right to a hearing regarding the request for 20 amendment. Additional information regarding the hearing procedures will be provided to 21 the parent(s)/guardian(s) or eligible student when notified of the right to a hearing. 22 23

3. The right to permit disclosure of personally identifiable information contained in 24 the student’s education records, except to the extent that FERPA or state law 25 authorizes disclosure without consent. 26 27

Disclosure is permitted without consent to school officials with legitimate educational or 28 administrative interests. A school official is a person employed by the District as an 29 administrator, supervisor, instructor, or support staff member (including health or 30 medical staff and law enforcement unit personnel); a person serving on the Board; a 31 person or company with whom the District has contracted to perform a special task (such 32 as contractors, attorneys, auditors, consultants, or therapists); volunteers; other outside 33 parties to whom an educational agency or institution has outsourced institutional services 34 or functions that it would otherwise use employees to perform; or a parent(s)/guardian(s) 35 or student serving on an official committee, such as a disciplinary or grievance 36 committee, or assisting another school official in performing his or her tasks. 37 38

A school official has a legitimate educational interest, if the official needs to review an 39 education record in order to fulfill his or her professional responsibility. 40 41

Upon request, the District discloses education records, without consent, to officials of 42 another school district in which a student has enrolled or intends to enroll, as well as to 43 any person as specifically required by state or federal law. Before information is 44 released to individuals described in this paragraph, the parent(s)/guardian(s) will receive 45 written notice of the nature and substance of the information and an opportunity to 46

inspect, copy, and challenge such records. The right to challenge school student records 4 does not apply to: (1) academic grades of their child, and (2) references to expulsions or 5 out-of-school suspensions, if the challenge is made at the time the student’s school 6 student records are forwarded to another school to which the student is transferring. 7 8

Disclosure is also permitted without consent to: any person for research, statistical 9 reporting, or planning, provided that no student or parent(s)/guardian(s) can be identified; 10 any person named in a court order; and appropriate persons if the knowledge of such 11 information is necessary to protect the health or safety of the student or other persons. 12 13

4. The right to a copy of any school student record proposed to be destroyed or 14 deleted. 15 16

5. The right to prohibit the release of directory information concerning the parent’s/ 17 guardian’s child. 18 19

Throughout the school year, the District may release directory information regarding 20 students, limited to: 21 22

Student’s name 23 Address 24 Telephone listing 25 Electronic mail address 26 Photograph (including electronic version) 27 Date and place of birth 28 Dates of attendance 29 Grade level 30

Enrollment status (e.g., undergraduate or graduate; full-time or part-time) 31

Participation in officially recognized activities and sports 32 Weight and height of members of athletic teams 33

Honors and awards received 34

Most recent educational agency or institution attended 35 36

Any parent(s)/guardian(s) or eligible student may prohibit the release of all of the above 37 information by delivering written objection to the building principal within ten (10) days 38 of the date of this notice. No directory information will be released within this time 39 period, unless the parent(s)/guardian(s) or eligible student are specifically informed 40 otherwise. When a student transfers, leaves the District, or graduates, the school must 41 continue to honor a decision to opt-out, unless the parent or student rescinds the 42 decision. 43 44 45 46

A parent or student 18 years of age or an emancipated student, may not opt out of 4 directory information to prevent the district from disclosing or requiring a student to 5 disclose their name [identifier, institutional email address in a class in which the student 6 is enrolled] or from requiring a student to disclose a student ID card or badge that 7 exhibits information that has been properly designated directory information by the 8 district in this policy. 9 10

6. The right to request that information not be released to military recruiters and/or 11 institutions of higher education. 12 13

Pursuant to federal law, the District is required to release the names, addresses, and 14 telephone numbers of all high school students to military recruiters and institutions of 15 higher education upon request. 16 17

Parent(s)/guardian(s) or eligible students may request that the District not release this 18 information, and the District will comply with the request. 19 20

7. The right to file a complaint with the U.S. Department of Education, concerning 21 alleged failures by the District to comply with the requirements of FERPA. 22 23

The name and address of the office that administers FERPA is: 24 25

Family Policy Compliance Office 26 U.S. Department of Education 27 400 Maryland Avenue, SW 28 Washington, DC 20202-4605 29

Helena

Student Records 5 6

Maintenance of School Student Records 7 8

The District maintains two (2) sets of school records for each student – a permanent record and a 9 cumulative record. 10 11

The permanent record will include: 12 13

Basic identifying information 14

Academic work completed (transcripts) 15

Level of achievement (grades, standardized achievement tests) 16

Immunization records (per § 20-5-406, MCA) 17 Attendance record 18

Statewide student identifier assigned by the Office of Public Instruction 19 20

Each student’s permanent file, as defined by the board of public education, must be permanently kept in a 21 secure location. 22 23

The cumulative record may include: 24 25

Intelligence and aptitude scores 26 Psychological reports 27

Participation in extracurricular activities 28 Honors and awards 29

Teacher anecdotal records 30

Verified reports or information from non-educational persons 31

Verified information of clear relevance to the student’s education 32 Information pertaining to release of this record 33 Disciplinary information 34 Camera footage only for those students directly involved in the incident 35 36

Information in the permanent record will indicate authorship and date and will be maintained in 37 perpetuity for every student who has been enrolled in the District. Cumulative records will be maintained 38 for eight (8) years after the student graduates or permanently leaves the District. Cumulative records 39 which may be of continued assistance to a student with disabilities, who graduates or permanently 40 withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the 41 student has succeeded to the rights of the parents. 42 43

The building principal will be responsible for maintenance, retention, or destruction of a student’s 44 permanent or cumulative records, in accordance with District procedure established by the 45 Superintendent. 46 47

Access to Student Records 48 49

The District will grant access to student records as follows: 50

1. The District or any District employee will not release, disclose, or grant access to information 4 found in any student record except under the conditions set forth in this document. 5 6

2. The parents of a student under eighteen (18) years of age will be entitled to inspect and copy 7 information in the child’s school records. Such requests will be made in writing and directed to 8 the records custodian. Access to the records will be granted within fifteen (15) days of the 9 District’s receipt of such request. Parents are not entitled to records of other students. If a record 10 contains information about two students, information related to the student of the non-requesting 11 parent will be redacted from the record. 12 13

In situations involving a record containing video footage, a parent of a student whose record 14 contains the footage is allowed to view the footage contained in the record but is not permitted to 15 receive a copy unless the parents of the other involved students provide cons ent. The footage is 16 not a record of students in the background of the image or not otherwise involved in the 17 underlying matter. 18 19

Where the parents are divorced or separated, both will be permitted to inspect and copy the 20 student’s school records, unless a court order indicates otherwise. The District will send copies 21 of the following to both parents at either one’s request, unless a court order indicates otherwise: 22 23

a. Academic progress reports or records; 24 b. Health reports; 25 c. Notices of parent-teacher conferences; 26 d. School calendars distributed to parents/guardians; and 27 e. Notices about open houses and other major school events, including student-parent 28 interaction. 29 30

Once a student reaches 18 years of age or attends a postsecondary institution, all rights formerly 31 given to parents under FERPA transfer to the student. 32 33

Access will not be granted to the parent or the student to confidential letters and 34 recommendations concerning admission to a post-secondary educational institution, applications 35 for employment, or receipt of an honor or award, if the student has waived his or her right of 36 access after being advised of his or her right to obtain the names of all persons making such 37 confidential letters or statements. 38 39

3. The District may grant access to or release information from student records without prior written 40 consent to school officials with a legitimate educational interest in the information. A school 41 official is a person employed by the District in an administrative, supervisory, academic, or 42 support staff position (including, but not limited to administrators, teachers, counselors, 43 paraprofessionals, coaches, and bus drivers ), and the board of trustees. A school official may 44 also include a volunteer or contractor not employed by the District but who performs an 45 educational service or function for which the District would otherwise use its own employees and 46 who is under the direct control of the District with respect to the use and maintenance of 47 personally identifying information from education records, or such other third parties under 48 contract with the District to provide professional services related to the District’s educational 49 mission, including, but not limited to, attorneys and auditors. A school official has a legitimate 50 educational interest in student education information when the official needs the information in 51

order to fulfill his or her professional responsibilities for the District. Access by school officials 4 to student education information will be restricted to that portion of a student’s records necessary 5 for the school official to perform or accomplish their official or professional duties 6 7

4. The District may grant access to or release information from student records without parental 8 consent or notification to any person, for the purpose of research, statistical reporting, or 9 planning, provided that no student or parent can be identified from the information released, and 10 the person to whom the information is released signs an affidavit agreeing to comply with all 11 applicable statutes and rules pertaining to school student records. 12 13

5. The District may grant release of a child’s education records to child welfare agencies without the 14 prior written consent of the parents. 15 16

6 The District will grant access to or release information from a student’s records pursuant to a 17 court order, upon receipt of such order, of its terms, the nature and substance of the information 18 proposed to be released, and an opportunity to inspect and copy such records and to challenge 19 their contents. 20 21

7. The District will grant access to or release information from any student record, as specifically 22 required by federal or state statute. 23 24

8. The District will grant access to or release information from student records to any person 25 possessing a written, dated consent, signed by the parent or eligible student, with particularity as 26 to whom the records may be released, the information or record to be released, and reason for the 27 release. One (1) copy of the consent form will be kept in the records, and one (1) copy will be 28 mailed to the parent or eligible student by the Superintendent. Whenever the District requests 29 consent to release certain records, the records custodian will inform the parent or eligible student 30 of the right to limit such consent to specific portions of information in the records. 31 32

9. The District may release student records to the superintendent or an official with similar 33 responsibilities in a school in which the student has enrolled or intends to enroll, upon written 34 request from such official. School officials may also include those listed in #3 abov e. 35 36

10 Prior to release of any records or information under items 5, 6, 7, and 8, above, the District will 37 provide prompt written notice to the parents or eligible student of this intended action. This 38 notification will include a statement concerning the nature and substance of the records to be 39 released and the right to inspect, copy, and challenge the contents. 40 41

11 The District may release student records or information in connection with an emergency, without 42 parental consent, if the knowledge of such information is necessary to protect the health or safety 43 of the student or other persons. The records custodian will make this decision, taking into 44 consideration the nature of the emergency, the seriousness of the threat to the health and safety of 45 the student or other persons, the need for such records to meet the emergency, and whether the 46 persons to whom such records are released are in a position to deal with the emergency. The 47 District will notify the parents or eligible student, as soon as possible, of the information released, 48 date of the release, the person, agency, or organization to whom the release was made, and the 49 purpose of the release. 50 51

12 The District may disclose, without parental consent, student records or information to the youth 4 court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act 5 or criminal laws by the student. 6 7

13 The District will comply with an ex parte order requiring it to permit the U.S. Attorney 8 General or designee to have access to a student’s school records without notice to or consent of 9 the student’s parent(s)/guardian(s). 10 11

14 The District charges a nominal fee for copying information in the student’s records. No parent or 12 student will be precluded from copying information because of financial hardship. 13 14

15 A record of all releases of information from student records (including all instances of access 15 granted, whether or not records were copied) will be kept and maintained as part of such records. 16 This record will be maintained for the life of the student record and will be accessible only to the 17 parent or eligible student, records custodian, or other person. The record of release will include: 18 19

a. Information released or made accessible. 20

b. Name and signature of the records custodian. 21

c. Name and position of the person obtaining the release or access. 22 d. Date of release or grant of access. 23

e. Copy of any consent to such release. 24 25

Directory Information 26 27

The District may release certain directory information regarding students, except that parents may 28 prohibit such a release. Directory information will be limited to: 29 30

Student’s name 31 Address 32 Telephone listing 33 Electronic mail address 34

Photograph (including electronic version) 35

Date and place of birth 36

Dates of attendance 37 Grade level 38

Enrollment status (e.g., undergraduate or graduate; full-time or part-time) 39

Participation in officially recognized activities and sports 40

Weight and height of members of athletic teams 41

Honors and awards received 42

Most recent educational agency or institution attended 43 44

The notification to parents and students concerning school records will inform them of their right to 45 object to the release of directory information. The School District will specifically include information 46 about the missing children electronic directory photograph repository permitting parents or guardians to 47 chose to choose to have the student's photograph included in the repository for that school year; 48 information about the use of the directory photographs if a student is identified as a missing child; and 49 50 51

information about how to request the student's directory photograph be removed from the repository. 4 5

Military Recruiters/Institutions of Higher Education/Government Agencies 6 7

Pursuant to federal law, the District is required to release the names, addresses, and telephone 8 numbers of all high school students to military recruiters and institutions of higher education upon 9 request. 10 11

The Montana Superintendent of Public Instruction may release student information to the Montana 12 Commissioner of Higher Education and Montana Department of Labor and Industry for research purposes 13 after entering into agreement with Commissioner and Department. If the Superintendent of Public 14 Instruction offers a statewide assessment that serves as a college entrance exam, the student’s personally 15 identifiable information may be released to colleges, state-contracted testing agencies, and scholarship 16 organizations with student consent. 17 18

The notification to parents and students concerning school records will inform them of their right to 19 object to the release of this information. 20 21

Student Record Challenges 22 23

The District shall give a parent or eligible student, on request, an opportunity for a hearing to challenge 24 content of the student’s education records on the grounds that the information contained in the education 25 records is inaccurate, misleading, or in violation of the privacy rights of the student. 26 27

The hearing required by 34 C.F.R. 99.21 must meet, at a minimum, the following requirements: 28

• The District shall hold the hearing within a reasonable time after it has received the request for 29 the hearing from the parent or eligible student. 30

• The District shall give the parent or eligible student notice of the date, time, and place, reasonably 31 in advance of the hearing. 32

• The hearing may be conducted by any individual including an official of the District who does 33 not have direct interest in the outcome of the hearing. 34

• The District shall make its decision in writing within a reasonable amount of time after the 35 hearing. 36

• The decision must be based solely on the evidence presented at the hearing, and must include a 37 summary of the evidence and the reasons for the decision. 38 39

They parent eligible student has: 40 41

• The right to present evidence and to call witnesses; 42

• The right to cross-examine witnesses; 43

• The right to counsel; 44

• The right to a written statement of any decision and the reasons therefor; 45 46

The parents may insert a written statement of reasonable length describing their position on disputed 47 information. The school will maintain the statement with the contested part of the record for as long as 48 the record is maintained and will disclose the statement whenever it discloses the portion of the record to 49 which the statement relates 50

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R. 4 99 (2011), 34 C.F.R. 99.20-22 5

§ 20-5-201, MCA Duties and sanctions 6

§ 40-4-225, MCA Access to records by parent 7

§ 41-3-201, MCA Reports 8

§ 41-5-215, MCA Youth court and department records – notification of 9 school 10

§ 20-7-104 Transparency and public availability of public school 11 performance data reporting availability for timely 12 use to improve instruction. 13

10.55.909, ARM Student records 14

10.55.910, ARM Student Discipline Records 15 Chapter 250 (2019) Electronic Director Photograph Repository 16 17 18

Procedure History: 19 Promulgated on: 05/08 20 Reviewed on: 21 Revised on: 12/18/2013, 04/15/2014, 01/20/2015, 01/21/20 22 23

Helena Flats School District 3600F2

Student Directory Information Notification

Please sign and return this form to the school within ten (10) days of the receipt of this form ONLY if you do not want directory information about your child disclosed to third parties in accordance with the Family Educational Rights and Privacy Act (FERPA). If we receive no response by that date, we will disclose all student directory information at our discretion and/or in compliance with law.

Date

Dear Parent/Eligible Student:

This document informs you of your right to direct the District to withhold the release of student directory information for _______________________________________________.

Student’s Name

Following is a list of items this District considers student directory information Please review School District Policy 3600P for complete information.

-Student’s name

-Enrollment status (e.g., undergraduate or -Address graduate; full-time or part-time)

-Telephone listing -Participation in officially recognized activities -Electronic mail address and sports -Photograph (including electronic version) -Weight and height of members of athletic teams -Date and place of birth -Degrees -Major field of study -Honors and awards received -Dates of attendance -Most recent educational agency or institution -Grade level attended

If you do NOT want directory information provided to the following, please check the appropriate box.

 Institutions of Higher Education,  Potential Employers,  Armed Forces Recruiters,  Government Agencies  Other

NOTE: If information such as a student’s name, grade level, or photograph, and other listed information is to be withheld, the student will not be included in the school’s yearbook, program events, and similar School District publications or other statewide programs related to student safety, research, and scholarship Please review School District Policy 3600P for complete information.

Date

Parent/Eligible Student’s Signature

4 5

Student Record Challenges

The District shall give a parent or eligible student, on request, an opportunity for a hearing to challenge 6 content of the student’s education records on the grounds that the information contained in the education 7 records is inaccurate, misleading, or in violation of the privacy rights of the student. 8 9

The hearing required by 34 C.F.R. 99.21 must meet, at a minimum, the following requirements: 10

• The District shall hold the hearing within a reasonable time after it has received the request for 11 the hearing from the parent or eligible student. 12

• The District shall give the parent or eligible student notice of the date, time, and place, reasonably 13 in advance of the hearing. 14

• The hearing may be conducted by any individual including an official of the District who does 15 not have direct interest in the outcome of the hearing. 16

• The District shall make its decision in writing within a reasonable amount of time after the 17 hearing. 18

• The decision must be based solely on the evidence presented at the hearing, and must include a 19 summary of the evidence and the reasons for the decision. 20 21

They parent eligible student has: 22 23

• The right to present evidence and to call witnesses; 24

• The right to cross-examine witnesses; 25

• The right to counsel; 26

• The right to a written statement of any decision and the reasons therefor; 27 28

The parents may insert a written statement of reasonable length describing their position on disputed 29 information. The school will maintain the statement with the contested part of the record for as long as 30 the record is maintained and will disclose the statement whenever it discloses the portion of the record to 31 which the statement relates. 32 33 34 35

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R. 36 99 (2011) 37 § 20-5-201, MCA Duties and sanctions 38

§ 40-4-225, MCA Access to records by parent 39 § 41-5-215, MCA Youth court and department records – notification of 40 school 41

10.55.909, ARM Student records 42 10.55.910, ARM Student Discipline Records 43 44

Procedure History: 45 Promulgated on: 05/08 46 Reviewed on: 47 Revised on: 12/18/2013, 04/15/2014, 01/20/2015 48 49

Transfer of Student Records

The District will forward by mail or by electronic means a certified copy of a permanent or 7 cumulative file of any student and a file of special education records of any student to a local 8 educational agency or accredited school in which a student seeks to or intends to enroll within 9 five (5) working days after receipt of a written or electronic request. The files to be forwarded 10 must include education records in a permanent file – that is, name and address of a student, name 11 of parent or legal guardian, date of birth, academic work completed, level of achievement 12 (grades, standardized tests), immunization records, special education records, and any 13 disciplinary actions taken against a student that are educationally related. 14 15

When the District cannot transfer records within five (5) days, the District will notify a requestor, 16 in writing or electronically, and will provide reasons why the District is unable to comply with a 17 five-(5)-day time period. The District also will include in that notice the date by which requested 18 records will be transferred. The District will not refuse to transfer records because a student owes 19 fines or fees. 20 21 22 23

Cross Reference: 3413 Student Immunization 24 3600 - 3600P Student Records 25 3606F Records Certification 26 27

Legal Reference: § 20-1-213, MCA Transfer of school records 28 29

Policy History: 30 Adopted on: 05/10 31 Reviewed on: 12/18/2013 32 Revised on: 33

Helena Flats School District

Receipt of Confidential Records 5 6

Pursuant to Montana law, the District may receive case records of the Department of Public 7 Health and Human Services and its local affiliate, the county welfare department, the county 8 attorney, and the court concerning actions taken and all records concerning reports of child abuse 9 and neglect. The District will keep these records confidential as required by law and will not 10 include them in a student’s permanent file. 11 12

The Board authorizes the individuals listed below to receive information with respect to a 13 District student who is a client of the Department of Public Health and Human Services: 14 15

• Superintendent 16

• School Counselor 17 18 19

When the District receives information pursuant to law, the Superintendent will prevent 20 unauthorized dissemination of that information. 21 22 23 24

Cross Reference: 3600 - 3600P Student Records 25 26

Legal Reference: § 41-3-205, MCA Confidentiality – disclosure exceptions 27 28

Policy History: 29 Adopted on: 05/15/12 30 Reviewed on: 12/18/2013 31 Revised on: 32

Helena Flats School District

District-Provided Access to Electronic Information, Services, and Networks 5 6

The District makes Internet access and interconnected computer systems available to District 9 students and faculty. The District provides electronic networks, including access to the Internet, as 10 part its instructional program and to promote educational excellence by facilitating resource sharing, 11 innovation, and communication. 12 13

The District expects all students to take responsibility for appropriate and lawful use of this access, 14 including good behavior on-line. The District may withdraw student access to its network and to the 15 Internet when any misuse occurs. District teachers and other staff will make reasonable efforts to 16 supervise use of network and Internet access; however, student cooperation is vital in exercising and 17 promoting responsible use of this access. 18 19

Curriculum 20 21

Use of District electronic networks will be consistent with the curriculum adopted by the District, as 22 well as with varied instructional needs, learning styles, abilities, and developmental levels of 23 students, and will comply with selection criteria for instructional materials and library materials. 24 Staff members may use the Internet throughout the curriculum, consistent with the District’s 25 educational goals. 26 27

28 29

Acceptable Uses

1. Educational Purposes Only. All use of the District’s electronic network must be: (1) in 30 support of education and/or research, and in furtherance of the District’s stated educational 31 goals; or (2) for a legitimate school business purpose. Use is a privilege, not a right. 32 Students and staff members have no expectation of privacy in any materials that are stored, 33 transmitted, or received via the District’s electronic network or District computers. The 34 District reserves the right to monitor, inspect, copy, review, and store, at any time and 35 without prior notice, any and all usage of the computer network and Internet access and any 36 and all information transmitted or received in connection with such usage. 37 38

2. Unacceptable Uses of Network. The following are considered unacceptable uses and 39 constitute a violation of this policy: 40 41

A. Uses that violate the law or encourage others to violate the law, including but not 42 limited to transmitting offensive or harassing messages; offering for sale or use any 43 substance the possession or use of which is prohibited by the District’s student 44 discipline policy; viewing, transmitting, or downloading pornographic materials or 45 materials that encourage others to violate the law; intruding into 46

the networks or computers of others; and downloading or transmitting confidential, 4 trade secret information, or copyrighted materials. 5 6

B. Uses that cause harm to others or damage to their property, including but not limited 7 to engaging in defamation (harming another’s reputation by lies); employing 8 another’s password or some other user identifier that misleads message recipients into 9 believing that someone other than you is communicating, or otherwise using his/her 10 access to the network or the Internet; uploading a worm, virus, other harmful form of 11 programming or vandalism; participating in “hacking” activities or any form of 12 unauthorized access to other computers, networks, or other information. 13 14

C. Uses that jeopardize the security of student access and of the computer network or 15 other networks on the Internet. 16 17

D. Uses that are commercial transactions. Students and other users may not sell or buy 18 anything over the Internet. Students and others should not give information to others, 19 including credit card numbers and social security numbers. 20 21

The District makes no warranties of any kind, express or implied, in connection with its provision of 24 access to and use of its computer networks and the Internet provided under this policy. The District 25 is not responsible for any information that may be lost, damaged, or unavailable when using the 26 network or for any information that is retrieved or transmitted via the Internet. The District will not 27 be responsible for any unauthorized charges or fees resulting from access to the Internet. Any user is 28 fully responsible to the District and will indemnify and hold the District, its trustees, administrators, 29 teachers, and staff harmless from any and all loss, costs, claims, or damages resulting from such 30 user’s access to its computer network and the Internet, including but not limited to any fees or 31 charges incurred through purchase of goods or services by a user. The District expects a user or, if a 32 user is a minor, a user’s parents or legal guardian to cooperate with the District in the event of its 33 initiating an investigation of a user’s use of access to its computer network and the Internet. 34 35

Violations

If a student violates this policy, the District will deny the student access or will withdraw access and 38 may subject the student to additional disciplinary action. An administrator or building principal will 39 make all decisions regarding whether or not a user has violated this policy and any related rules or 40 regulations and may deny, revoke, or suspend access at any time, with that decision being final. 41 42 43 44

Policy History: 45

Adopted on: 46 Reviewed on: 12/18/2013 47 Revised on: 48

Please read this document carefully before signing. 6 7

Introduction 8

We are pleased to offer students of the Helena Flats Schools access to the district computer network 9 resources, electronic mail and the Internet. To use these resources, all students must have parental 10 approval and sign and return this form. Parents, please read and complete this document carefully, review 11 its contents with your son/daughter, and sign and initial where appropriate. Any questions or concerns 12 about this permission form or any aspect of the computer network should be referred to the office. 13 14

15

General Network Use

The network is provided for students to conduct research, complete assignments, and communicate with 16 others. Access to network services is given to students who agree to act in a considerate and responsible 17 manner. Students are responsible for good behavior on school computer networks just as they are in a 18 classroom or a school hallway. Access is a privilege - not a right. As such, general school rules for 19 behavior and communications apply and users must comply with district standards and honor the 20 agreements they have signed. Beyond the clarification of such standards, the district is not responsible for 21 restricting, monitoring or controlling the communications of individuals utilizing the network. The Media 22 Specialist will provide education to minors about appropriate online use. 23 24

Internet / World Wide Web / E-mail Access 25

Access to the Internet and e-mail will enable students to use thousands of libraries and databases. Within 26 reason, freedom of speech and access to information will be honored. Families should be warned that 27 some material accessible via the Internet might contain items that are illegal, defamatory, inaccurate or 28 potentially offensive to some people. While our intent is to make Internet access available to further 29 educational goals and objectives, students may find ways to access other materials as well. Filtering 30 software is in use, but no filtering system is capable of blocking 100% of the inappropriate material 31 available on the Internet. We believe that the benefits to students from access to the Internet, in the form 32 of information resources and opportunities for collaboration, exceed any disadvantages. Ultimately, 33 parents and guardians of minors are responsible for setting and conveying the standards that their children 34 should follow when using media and information sources. To that end, the Helena Flats Schools support 35 and respect each family's right to decide whether or not to apply for access. Students in Middle School 36 may access Web 2.0 tools in the classroom or for homework activities. Some of these online tools require 37 E-mail accounts to access the tools. With parental permission, middle school students will create free 38 Google Mail accounts. These E-mail addresses will be used to access online programs and Google 39 Documents. Teachers will not monitor these E-mail accounts. 40 41 42

Publishing to the World Wide Web 43

Parents, your child’s work may be considered for publication on the on the school’s web site. Such 44 publishing requires parent/guardian permission. Unidentified photos of students may be published on 45 school websites, illustrating student projects and achievements. If you do not want your child’s photo to 46 be published on the Website, please indicate this on the ACCEPTABLE

USE AGREEMENT FORM

47 included with this document. Please know that when publishing student work or images, no names will 48 be included with the documents. 49 50

4 5

Acceptable Use Agreement: Helena Flats School

To use networked resources at Helena Flats School, all students and their parent/guardian must sign and 6 return this form. 7 8

Students must 9

1. Respect and protect the privacy of others. 10

o Use only assigned accounts. 11

o Not view, use, or copy passwords, data, or networks to which they are not authorized. 12

o Not distribute private information about others or themselves. 13

2. Respect and protect the integrity, availability, and security of all electronic resources. 14

o Observe all network security practices, as posted. 15

o Report security risks or violations to a teacher or network administrator. 16

o Not destroy or damage data, networks, or other resources that do not belong to them, 17 without clear permission of the owner. 18

o Conserve, protect, and share these resources with other students and Internet users. 19

3. Respect and protect the intellectual property of others. 20

o Not infringe copyrights (no making illegal copies of music, games, or movies!). 21

o Not plagiarize. 22

4. Respect and practice the principles of community. 23

o Communicate only in ways that are kind and respectful. 24

o Report threatening or discomforting materials to a teacher. 25

o Not intentionally access, transmit, copy, or create material that violates the school's code 26 of conduct (such as messages that are pornographic, threatening, rude, discriminatory, or 27 meant to harass). 28

o Not intentionally access, transmit, copy, or create material that is illegal (such as 29 obscenity, stolen materials, or illegal copies of copyrighted works). 30

o Not use the resources to further other acts that are criminal or violate the school's code of 31 conduct. 32

o Not send spam, chain letters, or other mass unsolicited mailings. 33

o Not buy, sell, advertise, or otherwise conduct business, unless approved as a school 34 project. 35

Students may, if in accord with the policy above: 36

1. Design and post web pages and other material from school resources. 37

2. Use direct communications such as online chat, instant messaging, posts to Blogs or Wikis, with a 38 teacher's permission. 39

3. Install or download software, if also in conformity with laws and licenses, and under the 40 supervision of a teacher. 41

4. Legally use the resources for any educational purpose. 42 43 44 45 46

Internet Safety 4 5

1. Internet access is limited to only those “acceptable uses,” as detailed in these procedures. Internet 6 safety is almost assured if users will not engage in “unacceptable uses,” as detailed in these 7 procedures, and will otherwise follow these procedures. 8 9

2. Staff members shall supervise students while students are using District Internet access, to ensure 10 that the students abide by the Terms and Conditions for Internet access, as 11 contained in these procedures. 12 13

3. Each District computer with Internet access has a filtering device that blocks entry to visual 14 depictions that are: (1) obscene; (2) pornographic; or (3) harmful or inappropriate for students, as 15 defined by the Children’s Internet Protection Act and determined by the Superintendent or 16 designee. 17 18

4. The district shall provide age-appropriate instruction to students regarding appropriate online 19 behavior. Such instruction shall include, but not be limited to: positive interactions with others 20 online, including on social networking sites and in chat rooms; proper online social etiquette; 21 protection from online predators and personal safety; and how to recognize and respond to 22 cyberbullying and other threats. 23 24

5. The system administrator and building principal shall monitor student Internet access. 25 26

Legal Reference: Children’s Internet Protection Act, P.L. 106-554 27 Broadband Data Services Improvement Act/Protecting Children in 28 the 21st Century Act of 2008 (P.L. 110-385) 29 20 U.S.C. § 6801, et seq. Language instruction for limited English 30 proficient and immigrant students 31 47 U.S.C. § 254(h) and (l) Universal service 32 33

Violations may result in a loss of access as well as other disciplinary or legal action. 34 35 36 37 38

Procedure History: 39 Promulgated on: 40 Reviewed on: 41 Revised: 12/18/2013 42 43 44 45 46 47 48 49 50 51

Acceptable Use Agreement Form: 4 After reading the attached agreement, please initial the appropriate items, sign and return the form to 5 school. 6 7

Student Name: _________________________________________________ Grade: __________ 8 9 Teacher: ________________ Date: _________________________ 10 11 12 13

Student User Agreement: 14 As a user of the Helena Flats Schools computer network, I hereby agree to comply with the statements 15 and expectations outlined in this document and to honor all relevant laws and restrictions. 16 17

(Initial appropriate items) 18 ______ agree to use the network responsibly 19 ______ grant permission to have my materials published to the school website 20 21

Student Signature ____________________________ Date ___________________ 22 23 24 25 26

Parent/Guardian Permission: 27 28

All students are provided with access to district computer resources. In addition to accessing our district 29 computer network, as the parent or legal guardian, I grant permission for the above named student to: 30 31

(Initial appropriate items) 32 ______ access the Internet and e-mail/blog systems 33 ______ have his/her materials published to the school website 34 ______ have his/her picture published to the school website 35 ______ create a free Google Mail (G-Mail) account to access Web 2.0 tools 36 37

These permissions are granted for an indefinite period of time, unless otherwise requested. I understand 38 that individuals and families may be held liable for violations. I understand that some materials on the 39 Internet may be objectionable, but I accept responsibility for guidance of Internet use - setting and 40 conveying standards for my daughter or son to follow when selecting, sharing or exploring information 41 and media. 42 43

Parent/Guardian Signature _____________________________ Date _________________ 44 45

Cell Phones and Other Electronic Equipment

Student possession and use of cellular phones, pagers, and other electronic signaling devices on school 7 grounds, at school--‐sponsored activities, and while under the supervision and control of District 8 e mp loyees is a privilege which will be permitted only under the circumstances described herein. The 9 use of cell phones includes making phone calls, receiving phone calls, ringing or other sounds, playing 10 music or video, text messaging, use of cell phone cameras, or any other electronic function. 11 12

Cell phone use in the classroom is at the discretion of each classroom teacher who may allow its use as a 13 technology source for use with teacher approved apps and websites only. At no time will any student 14 operate a cell phone or other electronic device with audio and/or video capabilities in a locker room, 15 bathroom, or other location where such operation may violate the privacy right or harassment of another 16 person. Cell phones may only be used as cameras when a teacher directs a student to do so. 17 18 Students may use cellular phones, pagers, and other electronic signaling devices on campus before 19 school begins and after school ends These devices must be turned off and kept in locker during the 20 instructional day Unauthorized use of such devices disrupts the instructional program and distracts 21 from the learning environment. Therefore, unauthorized use is grounds for confiscation of the device by 22 school officials, including classroom teachers Confiscated devices will be returned to the parent or 23 guardian Repeated unauthorized use of such devices will result in d isc ip lina ry ac tion The staff of 24 Helena Flats School District is not responsible for any lost, stolen or damaged devices 25 26 27

Policy History: 28 Adopted on: 29 Reviewed on: 12/18/2013 30 Revised on: 05/15/18 31

Cell Phone Use Agreement Fo rm : 3630F

After readin g the attached agreement, please initial the appropriate items, sign and return the 3 form to schoo l 4 5

Studen t N a m e: Grade: 6 7 8 9 10 11 12

Teacher: Date:

Student User Agreement: 13

As a student of the Helena Flats Schools, I hereb y agree to compl y with the statements and 14 expectations outlined in this document and to honor all relevant laws and res trictions. 15 16 17

(Initial appropriate ite m ) 18 agree to use the guidelines for cell phone use described in this ag ree m en t 19 w ill not use a cell phone at school 20 21 22

Studen t S ignatu re D a te 23 24 25 26

Parent/ Guardian Perm ission: 27 28 29

I have read and understand the cell phone use agreement outlined in this docu m en t 30 31 32

(Initial appropriate ite m s ) 33 My child w ill have a cell phone at school and I have discussed the guidelines and 34 consequences outlined in this agreement w ith hi m/her. 35 _ My child w ill not have a cell phone at schoo l. 36 37 38

These permissions are granted for an indefin ite period of time, unless otherwis e requested I 39 understand that individuals and families ma y be held liable for violations. I understand that if 40 m y child is caught using a cell phone at school, it will be con fiscated. If this happens, the 41 phone will not b e returned to m y child; I w ill have to come to th e school to get the phone from 42 the p rincipal. 43 44 45

Pa ren t/ Gua rd ia n S igna tu re D a te 46

HELENA FLATS SCHOOL DISTRICT

4000 SERIES COMMUNITY RELATIONS

TABLE OF CONTENTS

R 4120 Public Relations 4301 Visitors to Schools

R 4310 Public Complaints and Suggestions 4313 Disturbance of School Environment 4315 Spectator Conduct and Sportsmanship for Athletic and CoCurricular Events

R 4316 Accommodating Individuals With Disabilities

R 4330 Community Use of School Facilities 4330P Rules and Regulations for Building Use 4330F Facilities Use Agreement 4331 Use of School Property for Posting Notices 4332 Conduct on School Property 4340 Public Access to District Records 4410 Relations With Law Enforcement and Child Protective Agencies 4411 Interrogations and Investigations Conducted by School Officials 4520 Cooperative Programs With Other Districts and Public Agencies 4550 Registered Sex Offenders

R 4600 Notice to Parents Required by No Child Left Behind Act of 2001 (“NCLB”)

Building use Application

The District will strive to maintain effective two-way communications with the public to enable 7 the Board and staff to interpret schools’ needs to the community and provide a means for citizens 8 to express their needs and expectations to the Board and staff. 9 10

The Superintendent will establish and maintain a communication process within the school 11 system and between it and the community. Such public information program will provide for 12 news releases at appropriate times, arrange for media coverage of District programs and events, 13 provide for regular direct communications between individual schools and the citizens they 14 serve, and assist staff in improving their skills and understanding in communicating with the 15 public. 16 17

The District may solicit community opinion through parent organizations, parent-teacher 18 conferences, open houses, and other events or activities which may bring staff and citizens 19 together. 20 21 22 23

Legal Reference: Art. II, Sec. 8, Montana Constitution - Right of participation 24 Art. II, Sec. 9, Montana Constitution - Right to know 25 26

Policy History: 27 Adopted on: 12/18/2013 28 Reviewed on: 29 Revised on: 30

Visitors to Schools

The District welcomes visits by parents and citizens to all District buildings. All visitors shall 7 report to the principal’s office on entering any District building and comply with any other 8 applicable school safety and security policy, procedure or protocol. School visitors shall not 9 interfere with school operations or delivery of educational services to students. Conferences 10 with teachers should be held outside school hours or during the teacher’s conference or 11 preparation time. 12 13 14 15 16

Policy History: 17 Adopted on: 12/18/2013 18 Reviewed on: 19 Revised on: 8/9/16, 8/2019 20

Public Complaints and Suggestions

The Board is interested in receiving valid complaints and suggestions. Public complaints and 7 suggestions shall be submitted by the Uniform Complaint Procedure to the appropriate-level staff 8 member or District administrator. Each complaint or suggestion shall be considered on its merits. 9 10

Unless otherwise indicated in these policies or otherwise provided for by law, no appeal may be 11 taken from any decision of the Board. 12 13 14 15

Cross Reference: 1700 Uniform Complaint Procedure 16 17

Policy History: 18

Adopted on: 05/15/12 19 Reviewed on: 12/18/2013 20 Revised on: 21

Disturbance of School Environment

Law enforcement officers may be requested to assist in controlling disturbances of the school 7 environment which the Principal or other school administrator has found to be unmanageable by 8 school personnel and which disturbances have the potential of causing harm to students, other 9 persons, or school property. Staff members may also notify law enforcement officials. 10 11

Such potential of possible disturbance includes members of the public who have exhibited 12 undesirable or illegal conduct on school premises or at a school event held on school property, 13 and who have been requested to leave by an administrator or staff member, but have failed or 14 refused to do so. 15 16 17

Legal Reference: § 20-1-206, MCA Disturbance of school - penalty 18 § 20-5-201, MCA Duties and sanctions 19 § 45-8-101, MCA Disorderly conduct 20 21

Policy History: 22 Adopted on: 05/15/12 23 Reviewed on: 12/18/2013 24 Revised on: 25

Visitor and Spectator Conduct

Any person, including an adult, who behaves in an unsportsmanlike or inappropriate manner 7 during a visit to the school or a school event may be ejected from the event and/or denied 8 permission to access school buildings or property or school events as determined by the Board of 9 Trustees. Examples of unsportsmanlike or inappropriate conduct include but are not limited to: 10 11

• Using vulgar or obscene language or gestures; 12

• Possessing or being under the influence of any alcoholic beverage; 13

• Possessing or consuming any illegal substance or marijuana; 14

• Possessing a weapon in a school building; 15

• Fighting or otherwise striking or threatening another person; 16

• Failing to obey instructions of a security officer or District employee; and 17

• Engaging in any illegal or disruptive activity. 18

• Other violations of District Policy. 19 20

The Superintendent is authorized to temporarily restrict access to school buildings or property 21 and recommend to the Board of Trustees denial of future admission to any person by delivering 22 or mailing a notice by certified mail with return receipt requested, containing: 23 24

1. Date, time, and place of a Board hearing; 25 26

2. Description of the unsportsmanlike conduct; and 27 28

3. Proposed time period admission to school buildings or property or school events will be 29 denied. 30 31

Cross Reference: 4301 Visitors to School 32 33

Legal Reference: § 20-1-206, MCA Disturbance of school – penalty 34

§ 20-4-303, MCA Abuse of teachers 35 § 45-8-101, MCA Disorderly conduct 36 Initiative 190 – “Montana Marijuana Regulation and Taxation Act.” 37 January 1, 2021 38 39 40

Policy History 41

Adopted on: 12/18/2013 42 Reviewed on: 43 Revised on: 8/2019, 1/19/21 44

Individuals with disabilities will be provided opportunity to participate in all school-sponsored 7 services, programs, or activities on a basis equal to those without disabilities and will not be 8 subject to illegal discrimination. 9 10

The District may provide auxiliary aids and services when necessary to afford individuals with 11 disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or 12 activity. 13 14

The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in 15 that capacity, is directed to: 16 17

1. Oversee District compliance efforts, recommend necessary modifications to the Board, 18 and maintain the District’s final Title II self-evaluation document and keep it available 19 for public inspection for at least three (3) years after its completion date (for districts 20 having fifty (50) or more full- or part-time employees). 21 22

2. Institute plans to make information regarding Title II protection available to any 23 interested party. 24 25

An individual with a disability should notify the Superintendent or building principal if they have 26 a disability which will require special assistance or services and what services are required. This 27 notification should occur as far as possible before the school-sponsored function, program, or 28 meeting. 29 30

Individuals with disabilities may allege a violation of this policy or of federal law by reporting it 31 to the Superintendent, as the Title II Coordinator, or by filing a grievance under the Uniform 32 Complaint Procedure. 33 34 35 36

Cross Reference: 1700 Uniform Complaint Procedure 37 38

Legal Reference : Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131, 39 et seq.; 28 C.F.R. Part 35. 40 41

Policy History: 42

Adopted on: 01/09 43 Reviewed on: 12/18/2013 44 Revised on: 45

Community Use of School Facilities

School facilities are available to the community for educational, civic, cultural, and other 7 noncommercial uses consistent with the public interest, when such use will not interfere with the 8 school program or school-sponsored activities. Use of school facilities for school purposes has 9 precedence over all other uses. Persons on school premises must abide by District conduct rules 10 at all times. 11 12

Student and school-related organizations shall be granted the use of school facilities at no cost. 13 Other organizations granted the use of school facilities shall pay fees and costs. The 14 Superintendent will develop procedures to manage community use of school facilities, which 15 will be reviewed and approved by the Board. Use of school facilities requires the 16 Superintendent’s approval and is subject to the procedures. 17 18

Administration will approve and schedule various uses of school facilities. A master calendar 19 will be kept in the office for scheduling dates to avoid conflicts during the school year. Should a 20 conflict arise, the District reserves the right to cancel an approved request when it is determined 21 that the facilities are needed for school purposes. Requests for use of school facilities must be 22 submitted to the Superintendent’s office in advance of the event. 23 24 25 26

Legal Reference: § 20-7-805, MCA Recreational use of school facilities secondary 27 Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct. 28 2141 29 30

Policy History: 31 Adopted on: 01/09 32 Reviewed on: 01/21/2014 33 Revised on: 34

FACILITIES USE AGREEMENT

Helena Flats School District

Organization or Individual Requesting Facility Use: ____________________ Facility Requested: _____________________________________________________ Date and Hours of Requested Use: ________________________________________ Purpose of Use: _____________________________________________________________

Premises and Conditions

Conditions of Facilities Use - Use of District facilities is conditioned upon the following covenants:

1. That no alcoholic beverages, tobacco, nicotine products, or other drugs are sold or consumed on the premises by the requesting organization or individual or any of its employees, patrons, agents, or members.

2. That no illegal games of chance or lotteries will be permitted.

3. That no functional alteration of the premises or functional changes in the use of such premises shall be made without specific written consent of the District.

4. That adequate supervision is provided by the requesting organization or individual to ensure proper care and use of District facilities.

Rent and Deposit

The requesting organization or individual agrees to pay the District, as rent for the premises and as payment for special services (if any) provided by the District, the sum of $___ ____, and this shall be due _ _ days in advance. The requesting organization or individual shall be responsible for the actual cost of repair or replacement, including costs, disbursements, and expenses, resulting while it has use of the premises.

Insurance and Indemnification

The requesting organization or individual, by signature below, hereby guarantees that the organization shall indemnify, defend, and hold harmless the District and any of its employees or agents, from any liability, expenses, costs (including attorney’s fees), damages, and/or losses arising out of injury or death to any person or persons or damage to any property of any kind in connection with the organization or individual’s use of the District facility, which are not the result of fraud, willful injury to a person or property, or willful or negligent violation of a law.

The requesting organization or individual shall provide the District with a certificate of insurance prior to the use of the facility. The certificate shall show coverage for comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000) for injuries to or death of any person or damage to or loss of property arising out of or in any way resulting from the described use of the facility.

Non-Discrimination

The requesting organization or individual agrees to abide by non-discrimination clauses as contained in the Montana Human Rights Act and the Governmental Code of Fair Practices.

District’s Rights

The District reserves the right to cancel this Agreement, when it is determined by the District that the facilities are needed for school purposes.

DATED this _____ day of _______________, 20__.

School District: Requesting Organization or Individual:

By __________________________ By Address ___________________________ Phone Additional Obligations

6 7

Helena Flats School District

Rules and Regulations for Building Use

1. Applications requesting use of the school facility must be presented to the building administrator 8 at least ten (10) days in advance of the time desired and must be signed by a qualified 9 representative of the organization desiring to use the building. 10 11

2. The school premises shall not be available before 5:00 p.m. on school days, except under special 12 conditions. 13 14

3. Rental fees are as follows: 15 16

Group l Group 2 Group 3 Group 4 17 18

Gymnasium Negotiable $25-lst 2 hrs. $45-lst 2 hrs. $70.00 19 with the intent $15-Add 2 hrs. $25-Add 2 hrs. 20 to pay for heat 21 & lights 22 23 Classroom “ $15.00 $30.00 $55.00 24 25 Lunch Room “ $15.00 $30.00 $55.00 26 27 28

Description of Group categories: 29 30

Group l - Organizations whose activity is solely for the benefit of the school, students of the 31 school, and non-sectarian youth, Hunter Safety, Boy Scouts, Girl Scouts, 4-H, etc. 32 Precedence goes to Helena Flats events. 33 34

Group 2 - Organizations that sponsor a non-profit activity for the community benefit. 35 36

Group 3 - Any individual or individuals for recreational purposes. 37 38

Group 4 - Local organizations sponsoring any activities for their own benefit or profit. 39 40

4. The use of the school premises will be denied when, in the opinion of the Superintendent or the 41 Board, such use may be construed to be solely for commercial purposes, there is a probability of 42 damage or injury to school property, or the activity is deemed to be improper to hold in school 43 buildings. 44 45

5. In case of loss or damage to school property, the organization and/or individual signing the 46 request shall be fully responsible and liable. 47 48

6. The District reserves the right to require a certificate of insurance from the renting agency. 49 50

7. No furniture or apparatus shall be moved or displaced without permission. 51

8. No access to other rooms in the building shall be permitted unless designated by agreement. 4 5

9. There shall be no narcotics, drugs (including tobacco or nicotine products), stimulants, or alcohol 6 used or sold in or about school buildings and premises, nor shall profane language, quarreling, 7 fighting, or illegal gambling be permitted. Violations of this rule by any organization during 8 occupancy shall be sufficient cause for denying further use of school premises to the 9 organization. 10 11

10. Wax, or other preparations ordinarily used on dance floors, is not to be used on gymnasium 12 floors. 13 14

11. The Superintendent may require a school employee to be present during use of the building by the 15 non-school organization. In such case, the requesting organization will 16 pay for the employee expense (i.e., custodians, overtime). 17 18

12. When the school official finds it necessary that police or other security personnel be retained for 19 crowd control, such requirement may be added as a condition of the Facilities Use Agreement. 20 21

Procedure History: 22 Promulgated on: 01/21/2014 23 Reviewed on: 24 Revised on: 25

Use of School Property for Posting Notices 5 6

Non-school-related organizations may request permission of the building principal to display 7 posters in the area reserved for community posters or to have flyers distributed to students. 8 9

Posters and/or flyers must be student oriented and have the sponsoring organization’s name 10 prominently displayed. The District will not permit the posting or distribution of any material 11 that would: 12 13

A. Disrupt the educational process; 14 15

B. Violate the rights of others; 16 17

C. Invade the privacy of others; 18 19

D. Infringe on a copyright; 20 21

E. Be obscene, vulgar, or indecent; or 22 23

F. Promote the use of drugs, alcohol, tobacco, firearms, or certain products that create 24 community concerns. 25 26

No commercial publication shall be posted or distributed unless the purpose is to further a school 27 activity, such as graduation, class pictures, or class rings. 28 29

If permission is granted to distribute materials, the organization must arrange to have copies 30 delivered to the school. Distribution of the materials will be arranged by administration. 31 32 33 34

Policy History: 35 Adopted on: 11/11 36 Reviewed on: 12/18/2013 37 Revised on: 38

Conduct on School Property

In addition to prohibitions stated in other District policies, no person on school property shall: 7 8 1. Injure or threaten to injure another person; 9 10 2. Damage another’s property or that of the District; 11 12 3. Violate any provision of the criminal law of the state of Montana or town or county ordinance; 13 14 4. Smoke or otherwise use tobacco or nicotine products, and alternative nicotine and vapor products 15 as defined in 16-11-302, MCA, or other similar products; 16 17 5. Consume, possess, or distribute alcoholic beverages, illegal drugs, or marijuana; 18 19 6. Possess weapons (as defined in Policy 3310/3311) in a school building at any time; 20 21

7. Impede, delay, or otherwise interfere with the orderly conduct of the District’s educational 22 program or any other activity occurring on school property; 23 24

8. Enter upon any portion of school premises at any time for purposes other than those which are 25 lawful and authorized by the Board; or 26 27 9. Willfully violate other District rules and regulations. 28 29

“School property” means within school buildings, in vehicles used for school purposes, or on owned or 30 leased school grounds. District administrators will take appropriate action, as circumstances warrant. 31 32

Cross Reference: 3310 Student Discipline 33 3311 Firearms and Weapons 34 35

Legal Reference: Pro-Children Act of 1994, 20 U.S.C. § 6081 36 Smoke Free School Act of 1994 37 16-11-302, MCA Definitions 38

§ 20-1-220, MCA Use of tobacco product in public school building or on 39 public school property prohibited 40 § 20-5-410, MCA Civil penalty 41 Initiative 190 – “Montana Marijuana Regulation and Taxation Act.” January 1, 42 2021 43 44

Policy History: 45 Adopted on: 12/18/2013 46 Reviewed on: 47 Revised on: 9/15/15, 1/19/21 48

Within limits of an individual’s right of privacy, the public will be afforded full access to 7 information concerning administration and operations of the District. Public access to District 8 records shall be afforded according to appropriate administrative procedures. 9 10

“District records” include any writing, printing, photostating, photographing, etc. (including 11 electronic mail), which has been made or received by the District in connection with the 12 transaction of official business and presented for informative value or as evidence of a 13 transaction, and all other records required by law to be filed with the District. “District records” 14 do not include personal notes and memoranda of staff which remain in the sole possession of the 15 maker and which are not generally accessible or revealed to other persons. 16 17

The Superintendent will serve as the public records coordinator, with responsibility and authority 18 for ensuring compliance with the display, indexing, availability, inspection, and copying 19 requirements of state law and this policy. As coordinator, the Superintendent will authorize the 20 inspection and copying of District records only in accordance with the criteria set forth in this 21 policy. 22 23

In accordance with Title 2, Chapter 6, MCA, the District will make available for public 24 inspection and copying all District records or portions of records, except those containing the 25 following information: 26 27

1. Personal information in any file maintained for students. Information in student records 28 will be disclosed only in accordance with requirements of the Family Educational Rights 29 and Privacy Act of 1974 and adopted District policy. 30 31

2. Personal information in files maintained for staff, to the extent that disclosure will violate 32 their right to privacy. 33 34

3. Test questions, scoring keys, or other examination data used to administer academic tests. 35 36

4. The contents of real estate appraisals made for or by the District relative to the 37 acquisition of property, until the project is abandoned or until such time as all of the 38 property has been acquired, but in no event will disclosure be denied for more than three 39 (3) years after appraisal. 40 41

5. Preliminary drafts, notes, recommendations, and intra-District memoranda in which 42 opinions are expressed or policies formulated or recommended, except a specific record 43 shall not be exempt when publicly cited by the District in connection with any District 44 action. 45 46 47

6. Records relevant to a controversy to which the District is a party, but which would not be 4 available to another party under the rules of pretrial discovery, for cases pending 5 resolution. 6 7

7. Records or portions of records, the disclosure of which would violate personal rights of 8 privacy. 9 10

8. Records or portions of records, the disclosure of which would violate governmental 11 interests. 12 13

9. Records or information relating to individual or public safety or the security of public 14 schools if release of the information jeopardizes the safety of facility personnel, the 15 public, students in a public school. 16 17

If the District denies any request, in whole or in part, for inspection and copying of records, the 18 District will provide the requesting party with reasons for denial. 19 20

If the record requested for inspection and/or copying contains both information exempted from 21 disclosure and non-exempt information, the District shall, to the extent practicable, produce the 22 record with the exempt portion deleted and shall provide written explanation for the deletion. 23 24

The District will not provide access to lists of individuals, which the requesting party intends to 25 use for commercial purposes or which the District reasonably believes will be used for 26 commercial purposes if such access is provided. However, the District may provide mailing lists 27 of graduating students to representatives of the U.S. armed forces and the National Guard for 28 purpose of recruitment. 29 30

The coordinator is authorized to seek an injunction to prevent disclosure of records otherwise 31 suitable for disclosure, when it is determined reasonable cause exists to believe disclosure would 32 not be in the public interest and would substantially or irreparably damage any person or would 33 substantially or irreparably damage vital governmental functions. 34 35 36 37

Legal Reference: Title 20, Ch. 6, MCA School districts 38 § 2-6-1001, MCA, et seq. Public Records 39 40

Policy History: 41 Adopted on: 11/01 42 Reviewed on: 12/18/2013 43 Revised on: 8/2019 44

Relations With Law Enforcement and Child Protective Agencies

The staff is primarily responsible for maintaining proper order and conduct in the schools. Staff 7 shall be responsible for holding students accountable for infractions of school rules, which may 8 include minor violations of the law, occurring during school hours or at school activities. When 9 there is substantial threat to the health and safety of students or others, such as in the case of 10 bomb threats, mass demonstrations with threat of violence, individual threats of substantial 11 bodily harm, trafficking in prohibited drugs, or the scheduling of events where large crowds may 12 be difficult to handle, the law enforcement agency shall be called upon for assistance. 13 Information regarding major violations of the law shall be communicated to the appropriate law 14 enforcement agency. 15 16

County Interdisciplinary Child Information and School Safety Team 17 18

The District will participate in the Flathead County interdisciplinary child information and 19 school safety team established by Section 52-2-211, MCA. This team consists of county-level 20 representatives of the youth court, the county attorney, the department of public health and 21 human services, the county superintendent of schools, the sheriff, the chief of any police force, 22 the superintendents of public school districts in the County, and the department of corrections. 23 24

The purpose of the team is “to facilitate the exchange and sharing of information that one or 25 more team members may be able to use in serving a child in the course of their professions and 26 occupations, including but not limited to abused or neglected children, delinquent youth, and 27 youth in need of intervention, and of information relating to issues of school safety.” 28 29

The Superintendent is authorized to request information from the interdisciplinary child 30 information and school safety team regarding students in the School District. The 31 Superintendent shall utilize this authority on a regular basis to ensure the safety and security of 32 the District. 33 34

Cross Reference: 4313 Disruption of School Operations 35 36

Legal Reference: § 20-1-206, MCA Disturbance of school – penalty 37 § 52-2-211, MCA County Interdisciplinary Child Information and 38 School Safety Team 39

Policy History: 40 Adopted on: 10/10 41 Reviewed on: 12/18/2013 42 Revised on: 08/2019 43

Interrogation and Investigations Conducted by School Officials

The administration has the authority and duty to conduct investigations and to question students 8 pertaining to infractions of school rules, whether or not the alleged conduct is a violation of 9 criminal law. The administration shall determine when the necessity exists that law enforcement 10 officers be asked to conduct an investigation of alleged criminal behavior which jeopardizes the 11 safety of other people or school property or which interferes with the operation of the schools. 12 13

In instances when the administration has reasonable suspicion that a violation of district policy or 14 the student code of conduct has been violated, the administrator will investigate. The 15 administrator will notify the suspected rule violator(s) or potential witness(es) to the infraction. 16 The suspected student shall be advised orally or in writing of the nature of the alleged offense 17 and of the evidence against the student. Circumstances may arise where it would be advisable to 18 have another adult present during questioning of students. 19 20

21 22

Investigations by Law Enforcement

When a student becomes involved with law enforcement officers due to events outside of the 23 school environment and officers must interact with a student, the officer(s) is requested to confer 24 with the student when he/she is being investigated for conduct not under the jurisdiction of the 25 school. The following steps shall be taken to cooperate with the authorities. 26 27

a. The officer shall contact the school principal and present proper identification in all 28 occasions upon his/her arrival on school premises. 29 30

b. Parents or guardians shall be notified by the law enforcement officer or school principal 31 as soon as possible. The law enforcement officer or principal shall make every effort to 32 inform parents or guardians of the intent of the law enforcement officers except when that 33 notification may compromise the student’s safety. 34 35

c. The student’s parent or guardian should be present, if practicable, during any 36 interrogation on school premises. 37 38

39 40

Cooperation with Law Enforcement

Although cooperation with law enforcement officers will be maintained, it is the preference of 41 the District that it will not normally be necessary for law enforcement officers to initiate, and 42 conduct any investigation and interrogation on the school premises, during school hours, 43 pertaining to criminal activities unrelated to the operation of the school. It is preferred that only 44 in demonstrated emergencies, when law enforcement officers find it necessary, will they conduct 45 such an investigation during school hours. These circumstances might be limited to those in 46

which delay might result in danger to any person, flight of a person reasonably suspected of a 4 crime from the jurisdiction or local authorities, destruction of evidence, or continued criminal 5 behavior. 6 7

No school official, however, should ever place him/herself in the position of interfering with a 8 law enforcement official in the performance of his or her duties as an officer of the law. If the 9 law enforcement officials are not recognized and/or are lacking a warrant or court order, the 10 principal shall require proper identification of such officials and the reason(s) for the visit to the 11 school. 12 13

In all cases, the officers shall be requested to obtain prior approval of the principal or other 14 designated person before beginning such an investigation on school premises. The administrator 15 shall document the circumstances of such investigations as soon as practical. Alleged behavior 16 related to the school environment brought to the Principal’s attention by law enforcement 17 officers shall be dealt with under the provisions of the two previous sections. 18 19

Taking a Student into Custody 20 21

School officials shall not release students to law enforcement authorities voluntarily unless the 22 student has been placed under arrest or unless the parent or guardians and the student agree to the 23 release. When students are removed from school for any reason by law enforcement authorities, 24 every reasonable effort will be made to notify the student’s parents or guardians immediately. 25 Such effort shall be documented. Whenever an attempt to remove a student from school occurs 26 without an arrest warrant, court order, or without acquiescence of the parent or guardian, or the 27 student, the administrator shall immediately notify a superior of the law enforcement officers 28 involved to make objection to the removal of the student and shall attempt to notify the parent or 29 guardian of the student. The principal’s office shall be notified immediately of any removal of a 30 student from school by law enforcement officers under any circumstances. 31 32

When it is necessary to take a student into custody on school premises and time permits, the law 33 enforcement officer shall be requested to notify the principal and relate the circumstances 34 necessitating such action. When possible, the principal shall have the student summoned to the 35 principal’s office where the student may be taken into custody. In all situations of interrogations, 36 arrest or service of subpoenas of a student by law enforcement officers on school premises, all 37 practicable steps shall be taken to ensure a minimum of embarrassment or invasion of privacy of 38 the student and disruption to the school environment. 39 40 41

Policy History: 42

Adopted on: 10/10 43

Reviewed on: 12/18/2013 44 Revised on: 8/9/2016 45

Cooperative Programs With Other Districts and Public Agencies

Whenever it appears to the economic, administrative, and/or educational advantage of the 7 District to participate in cooperative programs with other units of local government, the 8 Superintendent will prepare and present for Board consideration an analysis of each cooperative 9 proposal. 10 11

When formal cooperative agreements are developed, such agreements shall comply with 12 requirements of the Interlocal Cooperation Act, with assurances that all parties to the agreement 13 have legal authority to engage in the activities contemplated by the agreement. 14 15

The District may enter into an interlocal agreement providing for the sharing of teachers, 16 specialists, superintendents, or other professional persons licensed under Title 37, MCA. If the 17 District shares a teacher or specialist with another district(s), the District’s share of such 18 teacher’s or specialist’s compensation will be based on the total number of instructional hours 19 expended by the teacher or the specialist in the District. 20 21 22 23

Legal Reference: §§ 7-11-101, et seq., MCA Interlocal Cooperation Act 24 §§ 20-7-451 through 456, MCA Authorization to create full service 25 education cooperatives 26 §§ 20-7-801, et seq., MCA Public recreation 27 28

Policy History: 29 Adopted on: 11/01 30 Reviewed on: 31 Revised on: 12/18/2013 32

Helena Flats School District

The State of Montana has determined that perpetrators of certain sex crimes pose a continuing 7 threat to society as a whole even after completion of their criminal sentences. Recognizing that 8 the safety and welfare of students is of paramount importance, the Helena Flats School District 9 declares that, except in limited circumstances, Helena Flats School District should be off limits 10 to registered sex offenders. 11 12

Employment 13 14

Notwithstanding any other Board policy, individuals listed by the State of Montana as registered 15 sex offenders are ineligible for employment in any position within the Helena Flats School 16 District. However, the Superintendent shall have discretion consistent with other Board policies 17 to recommend an individual whose name has been expunged from the Sex Offender Registry. 18 19

School Off Limits 20 21

The District hereby declares that no registered sex offender whose victim was a minor may come 22 on, about, or within one thousand (1,000) feet of any District-owned buildings or property except 23 as otherwise provided in this policy. If an administrator becomes aware that such a sex offender 24 is on, about, or within one thousand (1,000) feet of school property, the administrator shall direct 25 the sex offender to immediately leave the area. The Board authorizes the administrator to request 26 the assistance of the appropriate law enforcement authorities to secure the removal of any 27 registered sex offender from the area. If a registered sex offender disregards the terms of this 28 policy or the directives of the school administrator, then the Superintendent is authorized to 29 confer with counsel and to pursue such criminal or civil action as may be necessary to enforce 30 compliance with this policy. 31 32 This policy shall not be construed to impose any duty upon any administrator or any other 33 employee of the District to review the Sex Offender Registry or to screen individuals coming on 34 or within one thousand (1,000) feet of school property to ascertain whether they are on the 35 Registry. This policy shall only apply when administrators are actually aware that the person in 36 question is on the Sex Offender Registry and that the offender’s victim was a minor. 37 38

The provisions of this policy prohibiting a registered sex offender from coming on, about, or 39 within one thousand (1,000) feet of school property shall not apply in the event that a sex 40 offender’s name should be expunged from the Registry. 41 42

43 44

Rights of Parents on the Sex Offender Registry

In the event that a registered sex offender whose victim was a minor has a child attending the 45 District, the administrator of the school where the child attends shall be authorized to modify this 46

policy’s restrictions to permit the parent to drop off and pick up the child from school and to 4 come onto campus to attend parent-teacher conferences. However, the parent may not linger on 5 or about school property before or after dropping off his or her child, and the parent is prohibited 6 from being in any part of the school building except the main office. 7 8

This policy does not impose a duty upon the administrator of any school or any other employee 9 of the District to review the Sex Offender Registry and the school system’s directory information 10 to ascertain whether a registered sex offender may have a child attending school in the District. 11 The provisions of this policy shall apply only if an administrator actually becomes aware that a 12 parent of a student at the school is a registered sex offender. 13 14

To facilitate voluntary compliance with this policy, administrators are encouraged to speak with 15 any affected parents upon learning of their status as registered sex offenders to communicate the 16 restrictions of this policy. At all times, the administrator shall endeavor to protect the privacy of 17 the offender’s child. 18 19

In the event of a truly exceptional situation such as graduation, a parent on the Sex Offender 20 Registry may ask the Superintendent for a waiver of this policy to permit the parent to attend 21 these special events. It is the intent of the Board, however, that these special circumstances be 22 truly unusual and infrequent occurrences. 23 24 25 26

Legal Reference: § 46-23-501, MCA Sexual or Violent Offender Registration Act 27 www.doj.mt.gov/svor/ Sexual or Violent Offender Registry 28 29

Policy History: 30 Adopted on: 01/21/2014 31 Reviewed on: 32 Revised on: 33

Notice to Parents Required by No Child Left Behind Act of 2001 (“NCLB”) *

Improving Basic Programs Operated by Local Educational Agencies

1. As required by NCLB § 1111(h)(6)(A): At the beginning of each school year, a district 9 that receives Title I funds shall notify the parents of each student attending any school 10 receiving Title I funds that the parents may request, and the district will provide the 11 parents on request, information regarding the professional qualifications of the student’s 12 classroom teachers, including, at a minimum, the following: 13

a. Whether the teacher has met the state qualifications and licensing criteria for the 14 grade levels and subject areas in which the teacher provides instruction. 15

b. Whether the teacher is teaching under emergency or other provisional status. 16

c. The teacher’s baccalaureate degree major and any other graduate certifications or 17 degrees. 18

d. Whether paraprofessionals provide services to the student and, if so, their 19 qualifications. 20 21

2. As required by NCLB § 1111(h)(6)(B)(i): Districts must provide parents information on 22 the level of achievement of the parent’s child in each of the state academic assessments. 23 24

3. As required by NCLB § 1111(h)(6)(B)(ii): Districts must provide parents timely notice 25 that the parent’s child has been assigned, or has been taught for four (4) or more 26 consecutive weeks by, a teacher who is not highly qualified. 27 28

29 30

Limited English Proficient Students

1. As required by NCLB § 1112(g)(1)(A) and (g)(2) and § 3302(a): Districts must inform a 31 parent of a limited English proficient child identified for participation or participating in 32 such a program, of the reasons for their child being identified, their child’s level of 33 English proficiency, instructional method, how their child’s program will meet the child’s 34 needs, how the program will help the child learn English, exit requirements for the 35 program to meet the objectives of any limited English proficiency, and information 36 regarding parental rights. 37 38

2. As required by NCLB § 1112(g)(1)(B) and § 3302(b): Each district using Title I funds to 39 provide a language instruction educational program, that has failed to make progress on 40 the annual measurable achievement objectives described in § 3122 for any fiscal year for 41 which part A is in effect, shall separately inform the parents of a child identified for 42 participation or participating in such a program, of such failure not later than thirty (30) 43 days after such failure occurs. 44 45

3. As required by NCLB § 1112(g)(4) and § 3302(e): Each district shall implement an 46

effective means of outreach to parents of limited English proficient students to inform the 4 parents regarding how they can be involved in their child’s education and be active 5 participants in assisting their child to attain English proficiency, achieve at high levels in 6 core academic subjects, and meet challenging state academic achievement standards and 7 state academic content standards expected of all students. In addition, the outreach shall 8 include holding and sending notice of opportunities for regular meetings for formulating 9 and responding to parent recommendations. 10 11

12 13

Academic Assessment and Local Education Agency and School Improvement

1. As required by NCLB § 1116(b)(6): Districts shall promptly provide to parents of each 14 student enrolled in an elementary school or a secondary school identified for school 15 improvement under § 1116(b)(1)(E)(I), for corrective action under § 1116(b)(7)(C)(I), or 16 for restructuring under § 1116(b)(8)(A)(I): 17

a. An explanation of what the identification means and how the school compares in 18 terms of academic achievement to other district schools and the state educational 19 agency; 20

b. The reasons for the identification; 21

c. An explanation of what the school identified for school improvement is doing to 22 address the problem; 23

d. An explanation of what the district or state educational agency is doing to help the 24 school address the achievement problem; 25

e. An explanation of how the parents can become involved in addressing the 26 academic issues that caused the school to be identified for school improvement; 27 and 28

f. An explanation of the parents’ option to transfer their child to another public 29 school under paragraphs (1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection 30 (c)(10)(C)(vii) (with transportation provided by the agency when required by 31 paragraph (9)) or to obtain supplemental educational services for the child in 32 accordance with subsection (e). 33 34

2. As required by NCLB § 1116(b)(8)(c): Whenever the school fails to make adequate 35 yearly progress and/or is restructured, the district shall provide the teachers and parents 36 with an adequate opportunity to comment and participate in developing any plan. 37 38

3. As required by NCLB § 1116(e)(2)(A): The district shall provide annual notice to parents 39 of: 40

a. The availability of supplemental education services; 41

b. The identity of approved providers of those services within the district or whose 42 services are reasonably available in neighboring districts; and 43

c. A brief description of those services, qualifications, and the demonstrated 44 effectiveness of each such provider. 45 46

Parental Involvement

1. As required by NCLB § 1118(b): Parents shall be notified of the parental involvement 6 policy, in an understandable and uniform format and, to the extent practicable, in a 7 language the parents can understand. Such policy shall be made available to the local 8 community and updated periodically to meet the changing needs of parents and the 9 school. 10 11

2. As required by NCLB § 1118(c): Each school shall: 12

a. Convene an annual meeting at a convenient time, to which all parents of 13 participating children shall be invited and encouraged to attend, to inform parents 14 of their school’s participation and to explain the requirements of the NCLB and 15 the right of the parents to be involved; 16 b. Offer a flexible number of meetings; 17 c. Involve parents, in an organized, ongoing, and timely way, in the planning, 18 review, and improvement of programs, including the planning, review, and 19 improvement of the school parental involvement policy and the joint development 20 of the school-wide program plan under § 1114(b)(2); 21 d. Provide parents of participating children: 22

• Timely information about programs under this part; 23

• A description and explanation of the curriculum in use at the school, the 24 forms of academic assessment used to measure student progress, and the 25 proficiency levels students are expected to meet; and 26

• If requested by parents, opportunities for regular meetings to formulate 27 suggestions and to participate, as appropriate, in decisions relating to the 28 education of their children, and respond to any such suggestions as soon as 29 practicably possible. 30 31

32 33

Education of Homeless Children and Youths

1. As required by NCLB § 722(e)(3)(C): The district shall provide written notice, at the 34 time any homeless child or youth seeks enrollment in the school and at least twice 35 annually while the child or youth is enrolled in the school, to the parent or guardian of the 36 child or youth (or, in the case of an unaccompanied youth, the youth) that: 37

a. Shall be signed by the parent or guardian; 38 b. Sets forth the general rights provided under this subtitle; 39

c. Specifically states: 40

• The choice of schools homeless children and youths are eligible to attend; 41

• That no homeless child or youth is required to attend a separate school for 42 homeless children or youths; 43

• That homeless children and youths shall be provided comparable services, 44 including transportation services, educational services, and meals through 45 school meals programs; 46

• That homeless children and youths should not be stigmatized by school 4 personnel; 5

d. Includes contact information for the local liaison for homeless children and 6 youths. 7 8

2. As required by NCLB § 722(g)(2)(B)(iii): In the case of an unaccompanied homeless 9 youth, the district shall ensure that the homeless liaison assists in placement or enrollment 10 decisions, considers the views of such unaccompanied youth, and provides notice to such 11 youth of the right to appeal. 12 13

3. As required by NCLB § 722(g)(6)(A)(iv): Each district shall ensure that public notice of 14 the educational rights of homeless children is disseminated where such children and 15 youths receive services under this Act, such as schools, family shelters, and soup 16 kitchens. 17 18

Persistently Dangerous Schools 19 20

If the district is identified as a persistently dangerous school,1 the district must, in a timely 21 manner: 22 23

1. Notify parents of each student attending the school that the state has identified the school 24 as persistently dangerous. 25 26

2. Offer all students the opportunity to transfer to a safe public school within the district. If 27 there is not another school in the district, the district is encouraged, but not required, to 28 explore other options such as an agreement with a neighboring district to accept transfer 29 students. 30 31

3. For those students who accept the offer, complete the transfer. 32 33 In addition a district must also: 34 35

1 “Persistently dangerous public elementary school or secondary school,” in the context of the No Child Left Behind Act of 2001 (ESEA), a Montana public elementary or secondary school is considered to be persistently dangerous if each of the following two conditions exist:

(1) In each of three consecutive years, the school has a federal or state gun-free schools violation or a violent criminal offense has been committed on school property, and

(2) In any two years within a three-year period, the school has experienced expulsions for drug, alcohol, weapons or violence that exceed one of the following rates –(a) more than five expulsions for a school of less than 250 students, (b) more than 10 expulsions for a school of more than 250 students but less than 1000 students, or (c) more than 15 expulsions for a school of more than 1,000 students.

1. Develop a corrective action plan; and 4 5

2. Implement the plan in a timely manner. 6 7 Parental notification regarding the status of the school and the offer to transfer students may be 8 made simultaneously. 9 10

Student Privacy 11 12

1. As required by NCLB § 1061(c)(2)(A): The student privacy policies developed by the 13 district shall provide for reasonable notice of the adoption or continued use of such 14 policies directly to the parents of students enrolled in schools served by the district. At a 15 minimum, the district shall: 16 a. Provide such notice at least annually at the beginning of the school year and 17 within a reasonable period of time after any substantive change in such policies; 18 and 19 b. Offer an opportunity for the parent to opt the student out of the activity. 20 21

2. As required by NCLB § 1061(c)(2): All districts shall provide reasonable notice of such 22 existing policies to parents and guardians of students, e.g., “The Board has adopted and 23 continues to use policies regarding student privacy, parental access to information, and 24 administration of certain physical examinations to minors. Copies of those policies are 25 available on request.” 26 27 28

[* This list of parental notice requirements may not be exhaustive. The only notices applying to 29 districts that do not receive Title I funds are those regarding student privacy. The notices 30 described in this administrative procedure are paraphrased; please see the specific NCLB section 31 cited for the exact requirements.] 32 33 34 35

Policy History: 36 Adopted on: 01/09 37 Reviewed on: 12/18/2013 38 Revised on: 39

Helena Flats School District #15 Application for Use of School Facility

Organization requesting facility use: Facility Requested: Day(s) and Date(s) of use: Hours of use: Purpose: Will there be fees for admission? How much?

Organization Representative: Daytime Phone: Evening Phone: Address: Equipment needed by user:

The Helena Flats School District encourages the use of its facilities by the public. It is district policy to give priority to the student use of the facilities. In this request, the right to cancel a facility use is reserved by the school district.

The use of the property shall be supervised by an adequate number of adult sponsors to assure proper care and use of the facility. It is agreed that all rules and regulations for the use of the facility will be complied with and that all damage to the building or its contents, resulting from this use of the facility, will be reimbursed to the district at the cost of repair or replacement.

The undersigned organization, by signature of its authorized representative, hereby guarantees that the organization shall indemnify, defend, and hold harmless the Helena Flats School District and any of its employees or agents from any and all liability, expenses, costs (including attorney fees), damages and/or losses arising out of injuries or death to any person or persons or damage to any property of any kind in connection with the organization’s use of the aforementioned school facility. The undersigned further agrees to abide by nondiscrimination clauses as contained in the Montana Human Rights Act and the Governmental Code of Fair Practice.

Signature: Date: Organization Representative

Facility Use Waiver

Activity: I ________________________ am an activity leader and will be using the Helena Flats School building. The privilege of using the building requires that I ensure that the facility will be treated with respect, equipment is put away, lights turned off, and locked when leaving. I will also ensure that those in attendance are supervised and sign the waiver. If students are in attendance, parents will sign the facility use waiver. Please note that school activities super cede any previously scheduled gym use by an outside group. The District will strive to eliminate any conflicts. -

Printed Gym Supervisor/Team Leader

Signature and Date

I, the below signed, release Helena Flats School from all claims on account of injury I sustain while on Helena Flats premise.

Date Print Student’s Name Print Adult/Parent Signature Adult/Parent

Date Print Student’s Name Print Adult/Parent Signature Adult/Parent

= required

HELENA FLATS SCHOOL DISTRICT

5000 SERIES PERSONNEL

TABLE OF CONTENTS

5000 Board Goal/Personnel

R 5002 Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973

R 5010 Equal Employment Opportunity and Non-Discrimination

R 5012-5012F Sexual Harassment/Sexual Intimidation in the Workplace 5015 Bullying/Harassment/Intimidation 5120 Hiring Process and Criteria 5120P Fingerprint Background Handling Procedures 5121 Applicability of Personnel Policies 5122 Fingerprints and Criminal Background Investigations 5122F Authorization to Release Information, Including Consent to Fingerprint Background Check 5125 Whistle Blowing and Retaliation 5130 Staff Health 5140 Classified Employment and Assignment 5210 Assignments, Reassignments, Transfers 5213 Vacancies 5221 Work Day

R 5222 Evaluation of Non-Administrative Staff 5223 Personal Conduct 5224 Political Activity 5226 Drug-Free Workplace

R 5228 - 5228P-5228F Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers 5230 Prevention of Disease Transmission 5329 - 5329P Long Term Illness 5330 Maternity and Paternity Leave 5231 - 5231P Personnel Records 5232 Abused and Neglected Child Reporting 5232F Report of Suspected Child Abuse or Neglect

R 5240 Resolution of Staff Complaints/Problem-Solving 5250 Non-Renewal of Employment/Dismissal From Employment 5251 Resignations 5253 Retirement Programs for Employees 5254 Payment of Employer Contributions and Interest on Previous Service 5254F Payment of Employer Contributions and Interest on Previous Service

5255 Disciplinary Action 5256 Reduction in Force 5314 Substitutes 5321 Leaves of Absence 5322 Military Leave

R 5325 Breastfeeding Workplace

R 5328 Family Medical Leave 5329 - 5329P Long-Term Illness/Temporary Disability/Maternity Leave 5333 Holidays 5334 - 5334P Vacations

R 5336 Compensatory Time and Overtime for Classified Employees 5337 Workers’ Compensation Benefits 5420 Paraprofessionals

5420F ESSA Qualifications Notification Request Form 5430 Volunteers/Chaperones 5440 Student Teachers/Interns 5450 Employee Electronic Mail and On-Line Services Usage 5500 Payment of Wages Upon Termination

R 5510 HIPAA 5510F HIPAA Form

Helena Flats School District

Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973

It is the intent of the District to ensure that qualified employees with disabilities under Section 7 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate 8 accommodations or other positive actions in assistance. 9 10

The District will not discriminate against a qualified individual on the basis of disability in 11 regard to job application procedures, the hiring, advancement, or discharge of employees, 12 employee compensation, job training, or other terms, conditions, and privileges of employment. 13 14

The Superintendent is designated the Section 504 and Americans with Disabilities Act Title II 15 Coordinator and, in that capacity, is directed to: 16 17

1. Oversee District compliance efforts, recommend to the Board necessary modifications, 18 and maintain the District’s final Title II self-evaluation document and keep it available 19 for public inspection. 20

2. Make information regarding Title II protection available to any interested party.0 21

3. Coordinating and monitoring the district’s compliance with Section 504 and Title II of 22 the ADA, as well as state civil rights requirements regarding discrimination and 23 harassment based on disability 24

4. Overseeing prevention efforts to avoid Section 504 and ADA violations by necessary 25 actions, including by not limited to, scheduling Section 504 meetings, implementing and 26 monitoring Section 504 plans of accommodation and providing information to employees 27 and supervisors. 28

5. Implementing the district’s discrimination complaint procedures with respect to 29 allegations of Section 504/ADA violations, discrimination based on disability, and 30 disability harassment; and 31

6. Investigating complaints alleging violations of Section 504/ADA, discrimination based 32 on disability, and disability harassment. 33 34

The District’s procedure for resolution of complaints alleging violation of this policy is set forth 35 in Policy 1700. 36 37

Cross Reference: 1700 Uniform Complaint Procedure 38 39

Legal Reference: Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131, 40 et seq.; 28 C.F.R. Part 35. 41 42

Policy History: 43 Adopted on: 12/18/2013 44 Reviewed on: 45 Revised on: 05/15/18 46

Equal Employment Opportunity and Non-Discrimination

The District will provide equal employment opportunities to all persons, regardless of their race, 7 color, religion, creed, national origin, genetic information, sex, age, ancestry, marital status, 8 military status, citizenship status, use of lawful products while not at work physical or mental 9 disability, if otherwise able to perform essential functions of a other legally protected categories. 10 11

The District will make reasonable accommodation for an individual with a disability known to 12 the District, if the individual is otherwise qualified for the position, unless the accommodation 13 would impose undue hardship on the District. 14 15

A person with an inquiry regarding discrimination should direct their questions to the Title IX 16 Coordinator. A person with a specific written complaint should follow the Uniform Complaint 17 Procedure. 18 19

Retaliation against an employee who has filed a discrimination complaint, testified, or 20 participated in any manner in a discrimination investigation or proceeding is prohibited. 21 22 23

Cross Reference: 1700 Uniform Complaint Procedure 24 25

Legal Reference: Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq 26

Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq. 27

Equal Pay Act, 29 U.S.C. § 206(d) 28

Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq. 29

Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq. 30

Genetic Information Nondiscrimination Act of 2008 (GINA) 31

Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R., 32 Part 1601 33

Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 34 34 C.F.R., Part 106 35

Montana Constitution, Art. X, § 1 -

Educational goals and duties 36

§ 49-2-101, et seq, MCA Human Rights Act 37

§ 49-3-102, MCA What local governmental units affected 38 39

Policy History: 40 Adopted on: 10/13/09 41 Reviewed on: 42 Revised on: 12/18/2013, 05/15/18 43

District staff are invaluable in creating an effective educational program and vibrant learning 7 environment. The Board seeks always to employ highly qualified individuals for all positions in 8 the District. The Board realizes opportunities for staff development should be provided 9 periodically. 10 11

The Board expects supervision and evaluation of staff to be conducted in a positive and helpful 12 manner, with the intent of improving staff performance. The Board looks to staff to promote a 13 positive school climate in all educational endeavors, so students may work toward their greatest 14 potential, and the community will be proud of its investment. 15 16

Nothing contained in the policies or administrative procedures included herein is intended to 17 limit the legal rights of the Board or its agents except as expressly stated. 18 19

Should any provision of Board policy or administrative procedure be held to be illegal by a court 20 of competent jurisdiction, all remaining provisions shall continue in full force and effect. 21 22 23 24

Policy History: 25 Adopted on: 01/10 26 Reviewed on: 12/18/2013 27 Revised on: 28

Sexual Harassment, Sexual Intimidation and Sexual Misconduct in the Workplace

The District will strive to provide employees a work environment free of unwelcome sexual 7 advances, requests for sexual favors, and other verbal or physical conduct or communications 8 constituting sexual harassment, or misconduct, as defined and otherwise prohibited by state and 9 federal law. 10 11

The District prohibits its employees from engaging in any conduct of a sexual nature when: 12 13

1. Submission to such conduct is made either explicitly or implicitly a term or condition of 14 an individual’s employment; 15

2. Submission to or rejection of such conduct by an individual is used as a basis for 16 employment decisions affecting that individual; or 17

3. Such conduct has the purpose or effect of substantially interfering with the individual’s 18 work performance or creating an intimidating, hostile, or offensive work environment. 19

4. Such conduct deprives the individual of their rights to equal employment under District 20 policy and state or federal law. 21 22

Sexual harassment, sexual intimidation and sexual misconduct prohibited by this policy includes 23 verbal, electronic, or physical contact or conduct. The terms “intimidating,” “hostile,” 24 “misconduct,” or “offensive” include but are not limited to conduct that has the effect of 25 deprivation of rights, humiliation, embarrassment, or discomfort. Examples of sexual 26 harassment, sexual intimidation, and sexual misconduct include but are not limited to unwelcome 27 or forceful physical touching, crude jokes or pictures, discussions of sexual experiences, pressure 28 or requests for sexual activity or favors, intimidation by words, actions, insults, or name calling, 29 teasing related to sexual characteristics, and spreading rumors related to a person’s alleged 30 sexual activities. The District will evaluate sexual harassment, sexual intimidation, and sexual 31 misconduct in light of all circumstances. 32 33

A violation of this policy may result in disciplinary action, up to and including termination of 34 employment. The District is authorized to report any violation of this policy to law enforcement 35 that is suspected to be a violation of state or federal criminal laws. 36 37

Employees who believe they may have been sexually harassed, intimidated, or been subjected to 38 sexual misconduct should contact the Title IX Coordinator or an administrator, who will assist 39 them in filing a complaint. An individual with a complaint alleging a violation of this policy 40 shall follow the Uniform Complaint Procedure. 41 42

Any person who knowingly makes false accusation regarding sexual harassment intimidation or 43 misconduct will likewise be subject to disciplinary action, up to and including termination of 44 employment. 45 46

47

Cross Reference: 1700 Uniform Complaint Procedure 3 4

Legal Reference: Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), 29 C.F.R. 5 § 1604.11 6

Title IX of the Education Amendments, 20 U.S.C. §§ 1681, 7 Montana Constitution, Art. X, § 1 - Educational goals and duties 8 § 49-2-101, MCA Human Rights Act 9

Harris v. Fork Lift Systems, 114 S.Ct. 367 (1993) 10 11

Adopted on: 10/13/09 12

Reviewed on: 12/18/2013 13 Revised on: 08/2019 14

Helena Flats School District 5012F 1 2

Sexual Harassment Reporting/Intake Form for Employees

3 This form is not required. Complaints may be submitted in any manner noted in Policy 5012. The form may be used by the 4 Title IX Coordinator to document allegations. 5 6 School ______________________________________________ Date ___________________ 7 8 Employee’s name _________________________________ 9 10 • Who was responsible for the harassment or incident(s)? ____________________________ 11 12 13 • Describe the incident(s). ______________________________________________________ 14 15 16 17 • Date(s), time(s), and place(s) the incident(s) occurred. _______________________________ 18 19 20 21 • Were other individuals involved in the incident(s)? c yes c no 22 If so, name the individual(s) and explain their roles. _ 23 24 25 26 27 • Did anyone witness the incident(s)? c yes c no 28 If so, name the witnesses. ________________________________________________________ 29 30 31 32 33 • Did you take any action in response to the incident? c yes c no 34 If yes, what action did you take? ___ 35 36 37 38 39 • Were there any prior incidents? c yes c no 40 If so, describe any prior incidents. __________________________________________________ 41 42 43 44

Signature of complainant _________________________________________________________ 45 46 Retaliation is prohibited by federal law and district policy The identity of the individual signing this form will 47 remain confidential in accordance with law and policy. 48

The Board will strive to provide a positive and productive working environment. Bullying, 7 harassment, or intimidation between employees or by third parties, are strictly prohibited and 8 shall not be tolerated. This includes bullying, harassment, or intimidation via electronic 9 communication devices (“cyberbullying”). 10 11

Definitions 12 13

1. “Third parties” include but are not limited to coaches, school volunteers, parents, school 14 visitors, service contractors, or others engaged in District business, such as employees of 15 businesses or organizations participating in cooperative work programs with the District, 16 and others not directly subject to District control at inter-district and intra-District athletic 17 competitions or other school events. 18 19

2. “District” includes District facilities, District premises, and non-District property if the 20 employee is at any District-sponsored, District-approved, or District-related activity or 21 function, such as field trips or athletic events, where the employee is engaged in District 22 business. 23 24

3. “Harassment, intimidation, or bullying” means any act that substantially interferes with 25 an employee’s opportunities or work performance, that takes place on or immediately 26 adjacent to school grounds, at any school-sponsored activity, on school-provided 27 transportation, or anywhere such conduct may reasonably be considered to be a threat or 28 an attempted intimidation of a staff member or an interference with school purposes or an 29 educational function, and that has the effect of: 30 31

a. Physically harming an employee or damaging an employee’s property; 32 b. Knowingly placing an employee in reasonable fear of physical harm to the 33 employee or damage to the employee’s property; or 34 c. Creating a hostile working environment. 35 36

4. “Electronic communication device” means any mode of electronic communication, 37 including but not limited to computers, cell phones, PDAs, or the internet. 38 39

Reporting 40 41

All complaints about behavior that may violate this policy shall be promptly investigated. Any 42 employee or third party who has knowledge of conduct in violation of this policy or feels he/she 43 has been a victim of harassment, intimidation, or bullying in violation of this policy is 44 encouraged to immediately report his/her concerns to the building principal or the District 45 Administrator, who have overall responsibility for such investigations. Complaints against the 46

building principal shall be filed with the Superintendent. Complaints against the Superintendent 4 or District Administrator shall be filed with the Board. 5 6

The complainant shall be notified of the findings of the investigation and, as appropriate, that 7 remedial action has been taken. 8 9

Responsibilities 10 11

The District Administrator shall be responsible for ensuring that notice of this policy is provided 12 to staff and third parties and for the development of administrative regulations, including 13 reporting and investigative procedures, as needed. 14 15

Consequences

Staff whose behavior is found to be in violation of this policy will be subject to discipline up to 18 and including termination of employment. Third parties whose behavior is found to be in 19 violation of this policy shall be subject to appropriate sanctions as determined and imposed by 20 the District Administrator or the Board. Individuals may also be referred to law enforcement 21 officials. 22 23

24 25

Retaliation and Reprisal

Retaliation is prohibited against any person who reports or is thought to have reported a 26 violation, files a complaint, or otherwise participates in an investigation or inquiry. Such 27 retaliation shall be considered a serious violation of Board policy, whether or not a complaint is 28 substantiated. False charges shall also be regarded as a serious offense and will result in 29 disciplinary action or other appropriate sanctions. 30 31 32 33

Legal Reference: Admin. R. Mont. 10.55.701(3)(g) Board of Trustees 34 Admin. R. Mont. 10.55.801(1)(d) School Climate 35 36

Policy History: 37 Adopted on: 10/13/09 38 Reviewed on: 12/18/2013 39 Revised on: 40

5

Hiring Process and Criteria

The Superintendent is responsible for recruiting personnel, in compliance with Board policy, and for 6 making hiring recommendations to the Board. The Superintendent will initially screen applicants for 7 educational support positions. The District will hire highly qualified personnel consistent with budget 8 and staffing requirements and will comply with Board policy and state law on equal employment 9 opportunities and veterans’ preference. All applicants must complete a District application form to be 10 considered for employment. 11 12

Every applicant must provide the District with written authorization for a criminal background 13 investigation. The Superintendent will keep any conviction record confidential as required by law and 14 District policy. Every newly hired employee must complete an Immigration and Naturalization Service 15 form, as required by federal law. 16 17

Every newly hired employee must provide the District documentation of the results of a tuberculin skin 18 test done within the year prior to initial employment, along with the name of the tester and the date and 19 type of test administered, unless the person provides written medical documentation that he/she is a 20 known tuberculin reactor. 21 22

Certification 23

The District requires its’ contracted certified staff to hold valid Montana teacher or specialist certificates 24 endorsed for the roles and responsibilities for which they are employed. Failure to meet this requirement 25 shall be just cause for termination of employment. No salary warrants may be issued to a staff member, 26 unless a valid certificate for the role to which the teacher has been assigned has been registered with the 27 county superintendent within sixty (60) calendar days after a term of service begins. Every teacher and 28 administrator under contract must bring their current, valid certificate to the personnel office at the time 29 of initial employment, as well as at the time of each renewal of certification. 30 31

The personnel office will register all certificates, noting class and endorsement of certificates, and will 32 update permanent records as necessary. The personnel office also will retain a copy of each valid 33 certificate of a contracted certified employee in that employee’s personnel file. 34 35

Reference Checks 36 The Board authorizes the Superintendent or the Superintendent’s designee to inquire of past employers 37 about an applicant’s employment on topics including but not limited to: title, role, reason for leaving, 38 work ethic, punctuality, demeanor, collegiality, putting the interests of students first, and suitability for 39 the position in the District. Responses to these inquiries should be documented and considered as part of 40 the screening and hiring process. 41 42

Cross Reference: 5122 Fingerprints and Criminal Background Investigations 43 44

Legal Reference: § 20-4-202, MCA Teacher and specialist certification registration 45 § 39-29-102, MCA Point preference or alternative preference in initial hiring 46 for certain applicants – substantially equivalent selection 47 procedure 48 No Child Left Behind Act of 2001 (P.L. 107-110) 49 Admin. R. Mont. 37.114.1010 Employee of School: Day Care 50

1

Facility Care Provider

Policy History: 2 Adopted on: 3 Reviewed on: 12/18/2013 4 Revised on: 01/21/20 5

Helena Flats School District 1

PERSONNEL

Fingerprint Background Handling Procedure 5

1. Who needs to be fingerprinted: All individuals 18 years of age or older to be volunteers or 6 recommended for hire by Helena Flats School District need to be fingerprinted. 7 8

2. Helena Flats School District will obtain a signed waiver from all applicants and provide written 9 communication of applicant rights (Applicant Rights and Consent to Fingerprint Form 5122F). 10 The Applicant Rights and Consent to Fingerprint Form will be kept on file for 5 years 11 12

13

Authority to Fingerprint

The Helena Flats School District will send candidates recommended for hire to the Flathead County 14 Superintendent of Schools to obtain fingerprinting 15 16

Applicants will complete two (2) fingerprint cards following instructions on the card to fill out the 17 information. District office personnel will add information in the box regarding reason to be 18 fingerprinted. 19 20

A spreadsheet of those fingerprinted is kept by School District to identify the individual, position being 21 hired for and date of fingerprint. 22 23

Helena Flats School District staff that have received training by CRISS will process the fingerprints and 24 send them to the DOJ. 25 26

Determination Procedures 27

Personnel staff that have been trained by CRISS and granted access to criminal history record information 28 will receive the background results through their Montana State File Transfer account. 29

a. Results are reviewed for determination of eligibility to hire. 30

b. Any adverse reports are presented to the appropriate administrator for final approval. 31

c. Determination is noted on a determination form and kept in a locked file cabinet. 32 33

Dissemination Procedure 34

The Helena Flats School District will not disseminate any fingerprint information. 35 36

Destruction Procedure 37

The Helena Flats School District utilizes shredding for destruction of information no longer needed. 38 39

Training Procedure 40

• Privacy and Security Training 41

o CRISS training on CHRI required to receive background reports 42 43

Policy History: 44

Adopted on: 12/11/18 45 Reviewed on: 46 Revised on: 9/17/19 47

Except where expressly provided to the contrary, personnel policies apply uniformly to the 7 employed staff of the District. However, where there is a conflict between terms of a collective 8 bargaining agreement and District policy, the law provides that the terms of the collective 9 bargaining agreement shall prevail for staff covered by that agreement. 10 11

Board policies will govern when a matter is not specifically provided for in an applicable 12 collective bargaining agreement. 13 14 15 16

Legal Reference: § 39-31-102, MCA Chapter not limit on legislative authority 17 18

Policy History: 19 Adopted on: 02/04 20 Reviewed on: 12/18/2013 21 Revised on: 22

It is the policy of the Board that any finalist recommended for hire to a paid or volunteer position with the 7 District involving regular unsupervised access to students in schools, as determined by the 8 Superintendent, shall submit to a name-based and fingerprint criminal background investigation 9 conducted by the appropriate law enforcement agency prior to consideration of the recommendation for 10 employment or appointment by the Board. The results of the name-based check will be presented to the 11 Board, concurrent with the recommendation for employment or appointment. Any subsequent offer of 12 employment or appointment will be contingent on results of the fingerprint criminal background check, 13 which must be acceptable to the Board, in its sole discretion. 14 15

Any requirement of an applicant to submit to a fingerprint background check shall be in compliance with 16 the Volunteers for Children Act of 1998 and applicable federal regulations. If an applicant has any prior 17 record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other 18 than a minor traffic violation, the facts must be reviewed by the Superintendent, who shall decide whether 19 the applicant shall be declared eligible for appointment or employment in a manner consistent with the 20 expectations and standards set by the board. Arrests resolved without conviction shall not be considered 21 in the hiring process unless the charges are pending. 22 23

The following applicants for employment, as a condition for employment, will be required, as a condition 24 of any offer of employment, to authorize, in writing, a name-based and fingerprint criminal background 25 investigation: 26 27

• A certified teacher seeking full- or part-time employment with the District; 28

• An educational support personnel employee seeking full- or part-time employment with the 29 District; 30

• An employee of a person or firm holding a contract with the District, if the employee is assigned 31 to the District; 32

• A volunteer assigned to work in the District, who has regular unsupervised access to students; and 33

• Substitute teachers. 34 35 36 37

Legal Reference: § 44-5-301, MCA Dissemination of public criminal justice information 38

§ 44-5-302, MCA Dissemination of criminal history record information 39 that is not public criminal justice information 40

§ 44-5-303, MCA Dissemination of confidential criminal justice 41 information – procedure for dissemination through court 42 Admin. R. Mont. 10.55.716

Substitute Teachers 43 Public Law 105-251, Volunteers for Children Act 44 45

Policy History: 46

Adopted on: 1/12/10 47 Reviewed on: 12/18/2013 48 Revised on: 49

APPLICATION AND NOTICE PURSUANT TO THE NATIONAL CHILD PROTECTION ACT OF

To Whom It May Concern: 4 5

You have applied for employment with, will be working in a volunteer position with, or will be providing 6 vendor or contractor services to Helena Flats School District (the District) for the position of (please be 7 specific) ___________________________ 8 9

The National Child Protection Act of 1993 (NCPA), Public Law (Pub. L.) 103-209, as amended by the 10 Volunteers for Children Act (VCA), Pub. L. 105-251 (Sections 221 and 222 of Crime Identification 11 Technology Act of 1998), codified at 42 United States Code (U.S.C.) Sections 5119a and 5119c, authorizes a 12 state and national criminal history background check to determine the fitness of an employee, or volunteer, or a 13 person with unsupervised access to children, the elderly, or individuals with disabilities. 14 15

Pursuant to the VCA, the district (a) to which you have applied for employment or to serve as a volunteer, or 16 (b) by which you are employed or serve as a volunteer requests a background check. Your rights and 17 responsibilities under the VCA are as follows: 18 19

1. Provide a set of fingerprints. I understand a fingerprint background check will be at my expense and 20 will be deducted from the initial paycheck, unless other arrangements are made with the District 21 Office. These fingerprints will be used to conduct a search of FBI criminal history records. The 22 district conducting this background check may use the resulting record only for the authorized 23 purpose(s) and will not retain or disseminate it in violation of federal statute, regulation, or executive 24 order, or rule, procedure, or standard established by the National Crime Prevention and Privacy 25 Compact Council. 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 26 20.21(c), 20.33(d) and 906.2(d). 27 28

2. Provide your name, address, and date of birth, as appears on a document made or issued by or under 29 the authority of the United States Government, a State, political subdivision of a State, a foreign 30 government, a political subdivision of a foreign government, an international governmental or an 31 international quasi-governmental organization which, when completed with information concerning a 32 particular individual, is of a type intended or commonly accepted for the purpose of identification of 33 individuals. 18 U.S.C. §1028(D)(2). 34 35

3. Provide a certification that you (a) have not been convicted of a crime, (b) are not under indictment for 36 a crime, or (c) have been convicted of a crime. If you are under indictment or have been convicted of 37 a crime, you must describe the crime and the particulars of the conviction, if any. 38 39

4. You are entitled to (a) obtain a copy of the background check report and (b) challenge the accuracy 40 and completeness of any information contained in any such report and obtain a prompt determination 41 as to the validity of such challenge before a final determination is made by the state government 42 agency performing the background check. If district policy permits, its officials may provide you with 43 a copy of your FBI criminal history record for review and possible challenge. If the district policy 44 does not permit it to provide you a copy of the record, you may obtain a copy of the record by 45 submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at 46 http://www.fbi.gov/about-us/cjis/background-checks or by contacting Montana Criminal Records and 47 Identification Services at PO Box 201403, Helena MT 59620. 28 CFR, 16.30 through 16.34. 48 49

5. Prior to the completion of the background check, the district may choose to deny you unsupervised 50 access to a person to whom the district provides care. 51 52

The Superintendent shall access and review State and Federal criminal history records and shall make 53 reasonable efforts to make a determination whether you have been convicted of, or are under pending 54 indictment for, a crime that bears upon your fitness and shall convey that determination to the Board of 55 Trustees. The district shall make reasonable efforts to respond to the inquiry within 15 business days. 56

Your Name: ________________________________________________ 3 First Middle Maiden Last 4 5

Date of Birth: ________________________________ 6 7

Address: ________________________________________________________________________________ 8 Street Apt. 9 10 11 City State Zip 12 13 14

I have been convicted of, or am under pending indictment for, the following crimes 15 [include the dates, location/jurisdiction, circumstances and outcome]: 16 17 18

I have not been convicted of, nor am I under pending indictment for, any crimes. 19 20 21

Your signature below acknowledges this entity has informed you of your privacy rights for 22 fingerprint-based background check requests used by the entity for non-criminal justice purposes. 23 24

I have been provided with a copy of this form. I have read and understood the foregoing and my certification 25 is true and correct to the best of my knowledge and belief. 26 27 28 29

Date Signature of Applicant 30 31

Adopted on: 01/20/2015

Reviewed on: 4 5125

PERSONNEL Revised on: 5 6

Whistle Blowing and Retaliation

When district employees know or have reasonable cause to believe that serious instances of wrongful 11 conduct (e.g., mismanagement of district resources, violations of law and/or abuse of authority) have 12 occurred, they should report such wrongful conduct to the Superintendent or Board Chairperson. 13 14

For purposes of this policy, the term “wrongful conduct” shall be defined to include: 15 16

• theft of district money, property, or resources; 17

• misuse of authority for personal gain or other non-district purpose; 18

• fraud; 19

• violations of applicable federal and state laws and regulations; and/or 20

• serious violations of district policy, regulation, and/or procedure. 21 22

The Board of Trustees will not tolerate any form of reprisal, retaliation or discrimination against: 23 24

• Any employee, or applicant for employment, because he/she opposed any practice that he/she 25 reasonably believed to be made unlawful by federal or state laws prohibiting employment 26 discrimination on the basis of sex, sexual orientation, race, color, national origin, age, religion, height, 27 weight, marital status, handicap or disability. 28 29

• Any employee, or applicant for employment, because he/she filed a charge, testified, assisted or 30 participated, in any manner, in an investigation, proceeding or hearing under federal or state laws 31 prohibiting employment discrimination on the basis of sex, sexual orientation, race, color, national 32 origin, age, religion, height, weight, marital status, handicap or disability or because he/she reported a 33 suspected violation of such laws according to this policy; or, 34 35

• Any employee or applicant because he/she reported, or was about to report, a suspected violation of 36 any federal, state or local law or regulation to a public body (unless the employee knew that the report 37 was false) or because he/she was requested by a public body to participate in an investigation, hearing 38 or inquiry held by that public body or a court. 39 40

An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or 41 discrimination in violation of this policy shall report the incident(s) to the Superintendent or his/her 42 designee. The Board of Trustees guarantees that no employee or applicant for employment who makes 43 such a report will suffer any form of reprisal, retaliation or discrimination for making the report. 44 Individuals are forbidden from preventing or interfering with whistle blowers who make good faith 45 disclosures of misconduct. 46 47

The Board or its agents will not discharge, discipline or otherwise penalize any employee because the 48 employee or someone acting on the employee’s behalf, reports, verbally or in writing, a violation or 49 suspected violation of any state or federal law or regulation or any town/city ordinance or regulation to a 50

public body, or because an employee is requested by a public body to participate in an investigation, 4 hearing or inquiry held by that public body, or a court action. Further, the Board or its agents will not 5 discharge, discipline or otherwise penalize any employee because the employee, or a person acting on 6 his/her behalf, reports, verbally or in writing, to a public body, as defined in the statutes, concerning 7 unethical practices, mismanagement or abuse of authority by the employer. This section does not apply 8 when an employee knowingly makes a false report. 9 The District will exercise reasonable efforts to: 10 11

• investigate any complaints of retaliation or interference made by whistle blowers; 12 • take immediate steps to stop any alleged retaliation; and 13 • discipline any person associated with the District found to have retaliated against or interfered with a 14 whistle blower. 15 16

The Board of Trustees considers violations of this policy to be a major offense that will result in 17 disciplinary action, up to and including termination, against the offender, regardless of the offender’s 18 position within the District. 19 20

The Board shall make this policy available to its staff by posting it on its website with its other District 21 policies. 22 23 24 25

Legal References: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-3(a) 26 Age Discrimination in Employment Act, 29 U.S.C. §623 (d) 27 Americans with Disabilities Act, 42 U.S.C. §12203(a) and (b) 28 Fair Labor Standards Act, 29 U.S.C. §215(a)(3) 29 Occupational Safety and Health Act, 29 U.S.C. §6660(c) 30 Family and Medical Leave Act, 29 U.S.C. §2615 31 National Labor Relations Act, 29 U.S.C. §158(a) 32 33

Through its overall safety program and various policies pertaining to school personnel, the Board 9 will promote the safety of employees during working hours and assist them in the maintenance 10 of good health. The Board will encourage all its employees to maintain optimum health through 11 the practice of good health habits. 12 13

The Board may require physical examinations of its employees, under circumstances defined 14 below. The District will maintain results of physical examinations in medical files separate from 15 the employee’s personnel file and will release them only as permitted by law. 16 17

Physical Examinations

The District participates in a Pre-Placement Physical Program for all custodial and maintenance 20 personnel and other positions deemed inclusive of this policy as determined by specific Board 21 action. Subsequent to a conditional offer of employment in a position for which the District may 22 require participation in a pre-placement physical but before commencement of work, the District 23 may require an applicant to have a medical examination and to meet any other health 24 requirements which may be imposed by the state. The District may condition an offer of 25 employment on the results of such examination, if all employees who received a conditional 26 offer of employment in the applicable job category are subject to such examination. The report 27 shall certify the employee’s ability to perform the job-related functions of the position for which 28 the employee is being considered. Such examination shall be used only to determine whether the 29 applicant is able to perform with reasonable accommodation job-related functions. 30 31

All bus drivers, whether full-time, regular part-time, or temporary part-time, are required by state 32 law to have a satisfactory medical examination before employment. 33 34

35 36

Communicable Diseases

If a staff member has a communicable disease and has knowledge that a person with 37 compromised or suppressed immunity attends the school, the staff member must notify the 38 school nurse or other responsible person designated by the Board of the communicable disease 39 which could be life threatening to an immune-compromised person. The school nurse or other 40 responsible person designated by the Board must determine, after consultation with and on the 41 advice of public health officials, if the immune-compromised person needs appropriate 42 accommodation to protect their health and safety. 43 44

An employee with a communicable disease shall not report to work during the period of time in 45 which the employee is infectious. An employee afflicted with a communicable disease capable of 46

being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) shall 4 be encouraged to report the existence of the illness so that precautions may be taken to protect 5 the health of others. The District reserves the right to require a statement from an employee’s 6 primary care provider, before the employee may return to work. 7 8

Confidentiality 9 10

In all instances, District personnel will respect an individual’s right to privacy and treat any 11 medical diagnosis as confidential information. Any information obtained regarding the medical 12 condition or history of any employee will be collected and maintained on separate forms and in 13 separate medical files and will be treated as confidential information. Only those individuals with 14 a legitimate need to know (i.e., those persons with a direct responsibility for the care of or for 15 determining workplace accommodation for the staff person) will be provided necessary medical 16 information. 17 18

Supervisors and managers may be informed of necessary restrictions on the work or duties of an 19 employee and necessary accommodations. First aid and safety personnel may be informed, 20 when appropriate, if a staff member with a disability might require emergency treatment. 21 22 23 24

Legal Reference: 29 U.S.C. § 794, et seq.

Section 504 of the Rehabilitation Act 25 42 U.S.C. § 12101, et seq Americans with Disabilities Act 26 29 CFR, Part 1630.14(c) Examination of employees 27

Title 49, Chapter 2, MCA Illegal Discrimination 28

Title 49, Chapter 4, MCA Rights of Persons With Disabilities 29 § 20-10-103(4), MCA School bus driver qualifications 30 Admin. R. Mont. 37.114.1010

Employee of School: Day Care 31 Facility Care Provider 32 Admin. R. Mont. 37.111.825 Health Supervision and Maintenance 33 34

Policy History: 35 Adopted on: 10/13/09 36 Reviewed on: 12/18/2013 37 Revised on: 38

Helena Flats School District

Classified Employment and Assignment

Each classified employee will be employed under a written contract of a specified term, of a 7 beginning and ending date, within the meaning of § 39-2-912, MCA. 8 9

The District reserves the right to change employment conditions affecting an employee’s duties, 10 assignment, supervisor, or grade. 11 12

The Board will determine salary and wages for classified personnel. 13 14 15 16 17 18

Legal Reference: § 39-2-904, MCA Elements of wrongful discharge – presumptive 19 probationary period 20

§ 39-2-912, MCA Exceptions to Wrongful Discharge from 21 Employment Act 22

Hunter v. City of Great Falls (2002), 2002 MT 331 23 Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999) 24 Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981) 25 Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989) 26 Stowers v. Community Medical Center, Inc., 2007 MT 309, 340 Mont. 27 116, 172 P.2d 1252. 28 29

Policy History: 30 Adopted on: 12/18/2013 31 Reviewed on: 32 Revised on: 33

Helena Flats School District

The Superintendent may assign, reassign, and/or transfer positions and duties of all staff. 7 Teachers will be assigned at the levels and in the subjects for which they are licensed and 8 endorsed, or for which they are enrolled in an internship as defined in ARM 10.55.602 and meet 9 the requirements of ARM 10.55.607. The Superintendent will provide for a system of 10 assignment, reassignment, and transfer of classified staff, including voluntary transfers and 11 promotions. Nothing in this policy prevents reassignment of a staff member during a school 12 year. 13 14

Classified

Staff 15 16

The District retains the right of assignment, reassignment, and transfer. Written notice of 17 reassignment or involuntary transfer will be given to the employee. The staff member will be 18 given opportunity to discuss the proposed transfer or reassignment with the Superintendent. 19 20

Teaching 21 22

Notice of their teaching assignments relative to grade level, building, and subject area will be 23 given to teachers before the beginning of the school year. All District employees assigned 24 extracurricular activities as a contract obligation must honor this obligation as a condition of 25 employment unless released from this responsibility by the Board. 26 27

Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be 28 found in negotiated agreements or employee handbooks. 29 30 31

Legal Reference: Bonner School District No. 14 v. Bonner Education Association, MEA- 32 MFT, NEA, AFT, AFL-CIO, (2008) 2008 MT 9 33 § 20-4-402, MCA Duties of District Superintendent or County High 34 School Principal 35

ARM 10.55.602 Definition of Internship 36

ARM 10.55.607 Internships 37 38

Policy History: 39

Adopted on: 04/13/10 40

Reviewed on: 12/18/2013 41 Revised on: 04/15/2014 42

Vacancies

When a vacancy exists, that vacancy will be posted on the bulletin board in the teachers’ lounge 7 at least 10 calendar days prior to the deadline for application. When a vacancy occurs during the 8 summer a notice shall be mailed to each employee who has left with the District sufficient self- 9 addressed postage prepaid envelopes for this purpose. 10 11

Vacancies may be advertised in-District only or they may be advertised in-District and through 12 job service, Career Services at a college or university, local public advertising, and, where 13 appropriate and if time permits, through a broader regional and/or national basis. A vacancy 14 need not be advertised, as determined by the Superintendent. 15 16 17 18

Policy History: 19

Adopted on: 01/10 20 Reviewed on: 12/18/2013 21 Revised on: 22

Length of Work Day - Certified Staff 7 8

The current collective bargaining agreement sets forth all conditions pertaining to the certified work day, 9 preparation periods, lunches, etc. Arrival time shall generally be as directed by the principal or as 10 stipulated in the agreement. 11 12 13

Length of Work Day - Classified Staff 14 15

The length of a work day for classified staff is governed by the number of hours for which the employee 16 is assigned. A “full-time” employee shall be considered to be an eight-(8)-hour-per- day/forty-(40)-hour- 17 per-week employee. The work day is exclusive of lunch but inclusive of breaks unless otherwise and 18 specifically provided for by an individual contract. Supervisors will establish schedules. Normal office 19 hours in the District will be 8:00 a.m. to 4:00 p.m. 20 21 Breaks 22 23

The District may make available daily morning and afternoon rest periods of fifteen (15) minutes to all 24 full-time, classified employees. Hourly personnel may take one (1) fifteen-(15)-minute rest period for 25 each four (4) hours worked in a day. Breaks normally are to be taken approximately mid-morning and 26 mid-afternoon and should be scheduled in accordance with the flow of work and with approval of the 27 employee’s supervisor. 28 29

Legal Reference: 29 U S C. §§ 201 to 219 Fair Labor Standards Act of 1985 30 29 C F R Part 516, et seq Records to be kept by employers 31 § 39-3-405, MCA Overtime compensation 32 § 39-4-107, MCA State and municipal governments, school 33 districts, mines, mills, and smelters 34

Admin. R. Mont.10.65.103(2) Program of Approved Pupil Instruction-Related 35 Days 36

Admin. R. Mont. 24.16.101, Wages and Hours 37 Admin. R. Mont. 24.16.1006 Rest and Meal Periods 38 39

Policy History: 40 Adopted on: 01/21/2014 41 Reviewed on: 42 Revised on: 43

Evaluation of Non-Administrative Staff

Each non-administrative staff member’s job performance will be evaluated by the staff member’s 7 direct supervisor. Non-tenured certified staff shall be evaluated, at a minimum, on at least an 8 annual basis. Tenured certified staff members may be evaluated according to the terms stated in 9 the current collective bargaining agreement if applicable. The evaluation model shall be aligned 10 with applicable district goals, standards of the Board of Public Education, and the district’s 11 mentorship and induction program. It shall identify what skill sets are to be evaluated, include 12 both summative and formative elements, and include an assessment of the educator’s 13 effectiveness in supporting every student in meeting rigorous learning goals through the 14 performance of the educator’s duties. 15 16

The supervisor will provide a copy of the completed evaluation to the staff member and will 17 provide opportunity to discuss the evaluation. The original should be signed by the staff member 18 and filed with the Superintendent. If the staff member refuses to sign the evaluation, the 19 supervisor should note the refusal and submit the evaluation to the Superintendent. 20 21 22

Legal Reference: ARM 10.55.701(4)(a)(b) Board of Trustees 23 24

Policy History: 25 Adopted on: 12/18/2013 26 Reviewed on: 27 Revised on: 04/15/2014 28

School District employees will abide by all district policies, state and federal laws in the course 7 of their employment. Where applicable, employees will abide by and honor the professional 8 educator code of conduct. 9 10

All employees are expected to maintain high standards of honesty, integrity, professionalism, 11 decorum, and impartiality in the conduct of District business. All employees shall maintain 12 appropriate employee-student relationship boundaries in all respects, including but not limited to 13 personal, speech, print, and digital communications. Failure to honor the appropriate employee 14 student relationship boundary will result in a report to the Department of Public Health and 15 Human Services and the appropriate law enforcement agency. 16 17

While on school property, employees shall not injure or threaten to injure another person; 18 damage another’s property or that of the District While in a school building, employees shall 19 not use, control, possess or transfer any weapon or any item that could be reasonably considered 20 to be a weapon as defined in Policies 3310 and 3311. “School property” means within school 21 buildings, in vehicles used for school purposes, or on grounds leased or owned by the school 22 district. "School building" means all buildings owned or leased by a local school district that are 23 used for instruction or for student activities. 24 25

In accordance with state law, an employee shall not dispense or utilize any information gained 26 from employment with the District, accept gifts or benefits, or participate in business enterprises 27 or employment that creates a conflict of interest with the faithful and impartial discharge of the 28 employee’s District duties. A District employee, before acting in a manner which might impinge 29 on any fiduciary duty, may disclose the nature of the private interest which would create a 30 conflict. Care should be taken to avoid using or avoid the appearance of using official positions 31 and confidential information for personal advantage or gain. 32 33

Further, employees are expected to hold confidential all information deemed not to be for public 34 consumption as determined by state law and Board policy. Employees also will respect the 35 confidentiality of people served in the course of an employee’s duties and use information gained 36 in a responsible manner. The Board may discipline, up to and including discharge, any 37 employee who discloses confidential and/or private information learned during the course of the 38 employee’s duties or learned as a result of the employee’s participation in a closed (executive) 39 session of the Board. Discretion should be used even within the school system’s own network of 40 communication and confidential information should only be communicated on a need to know 41 basis. 42 43

Administrators and supervisors may set forth specific rules and regulations governing staff 44 conduct on the job within a particular building. 45 46

Cross Reference: Professional Educators of Montana Code of Ethics 1 Policy 3310 – Student Discipline 2 Policy 3311 – Firearms and Weapons 3 Policy 5232- Abused and Neglected Children 4 5

Legal Reference: § 20-1-201, MCA School officers not to act as agents 6

Title 2, Chapter 2, Part 1 Standards of Conduct 7 § 39-2-102, MCA What belongs to employer 8 § 45-8-361, MCA Possession or allowing possession of 9 a weapon in a school building 10

§ 45-5-501, MCA Definitions 11 § 45-5-502, MCA Sexual Assault 12 13

Policy History: 14 Adopted on: 10/13/09 15 Reviewed on: 12/18/2013 16 Revised on: 08/2019, 01/21/20, 1/19/21 17

The Board recognizes its employees’ rights of citizenship, including but not limited to engaging 7 in political activities. A District employee may seek an elective office, provided the employee 8 does not campaign on school property during working hours, and provided all other legal 9 requirements are met. The District assumes no obligation beyond making such opportunities 10 available. An employee elected to office is entitled to take a leave of absence without pay, in 11 accordance with the provisions of § 39-2-104, MCA. 12 13

No person, in or on District property, may attempt to coerce, command, or require a public 14 employee to support or oppose any political committee, the nomination or election of any person 15 to public office, or the passage of a ballot issue. 16 17

No District employee may solicit support for or in opposition to any political committee, the 18 nomination or election of any person to public office, or the passage of a ballot issue, while on 19 the job or in or on District property. 20 21

Nothing in this policy is intended to restrict the right of District employees to express their 22 personal political views. 23 24 25 26

Legal Reference: 5 U.S.C. § 7321 Hatch Act 27 § 39-2-104, MCA Mandatory leave of absence for employees holding 28 public office 29 § 13-35-226, MCA Unlawful acts of employers and employees 30 31

Policy History: 32 Adopted on: 12/18/2013 33 Reviewed on: 34 Revised on: 35

All District workplaces are drug- and alcohol-free. All employees are prohibited from: 7 8

• Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the 9 influence of a controlled substance while on District premises or while performing work 10 for the District 11

• Distributing, consuming, using, possessing, or being under the influence of alcohol while 12 on District premises or while performing work for the District. 13 14

For purposes of this policy, a controlled substance is: 15 16

• Not legally obtainable; 17

• Being used in a manner other than as prescribed; 18

• Legally obtainable but has not been legally obtained; 19

• Marijuana or marijuana paraphernalia that is possessed or consumed on the grounds of 20 any property owned or leased by a school district, a public or private preschool, school, 21 or postsecondary school or in a school bus; 22

• Marijuana purchased, consumed, transported, possessed, or used of by a person under 21 23 years of age; 24

• Marijuana smoked in a location where smoking tobacco is prohibited; 25

• Marijuana consumed in a manner that endangers others; or 26

• Referenced in federal or state controlled-substance acts. 27 28

As a condition of employment, each employee will: 29 30

• Abide by the terms of the District policy respecting a drug- and alcohol-free workplace; 31 and 32

• Notify his or her supervisor of his or her conviction under any criminal drug statute, for a 33 violation occurring on District premises or while performing work for the District, no 34 later than five (5) days after such conviction. 35 36

In order to make employees aware of dangers of drug and alcohol abuse, the District will 37 endeavor to: 38 39

• Provide each employee with a copy of the District drug- and alcohol-free workplace 40 policy; 41

• Post notice of the District drug- and alcohol-free workplace policy in a place where other 42 information for employees is posted; 43

• Enlist the aid of community and state agencies with drug and alcohol informational and 44 rehabilitation programs, to provide information to District employees; and 45 46

• Inform employees of available drug and alcohol counseling, rehabilitation, reentry, and 4 any employee-assistance programs. 5 6

7 8

District Action Upon Violation of Policy

An employee who violates this policy may be subject to disciplinary action; up to and including 9 termination of employment. Alternatively, the Board may require an employee to successfully 10 complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program. 11 12

The Board will take disciplinary action with respect to an employee convicted of a drug offense 13 in the workplace, within thirty (30) days of receiving notice of a conviction. 14 15

Should District employees be engaged in the performance of work under a federal contract or 16 grant, or under a state contract or grant, the Superintendent will notify the appropriate state or 17 federal agency from which the District receives contract or grant moneys of an employee’s 18 conviction, within five (5) days after receiving notice of the conviction. 19 20 21 22

Legal Reference: 41 U.S.C. §§ 702, 703, 706 Drug-free workplace requirements for 23 Federal grant recipients 24

Initiative 190 – “Montana Marijuana Regulation and Taxation Act.” 25 January 1, 2021 26 27

Policy History: 28 Adopted on: 12/18/2013 29 Reviewed on: 30 Revised on: 1/19/21 31

Drug

and Alcohol Testing for School Bus and Commercial Vehicle Drivers

The District will adhere to federal law and regulations requiring a drug and alcohol testing 7 program for school bus and commercial vehicle drivers. 8 9

The program will comply with requirements of the Code of Federal Regulations, Title 49, §§ 10 382, et seq. The Superintendent will adopt and enact regulations consistent with federal 11 regulations, defining the circumstances and procedures for testing. 12 13 14 15

Legal Reference: 49 U.S.C. §§ 45101, et seq. Alcohol and Controlled Substances Testing 16 (Omnibus Transportation Employee Testing Act of 1991) 17 49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and 18 Alcohol Testing Programs), 382 (Controlled substance and alcohol use 19 and testing), and 395 (Hours of service of drivers) 20 21

Policy History: 22 Adopted on: 10/13/09 23 Reviewed on: 12/18/2013 24 Revised on: 25

ACKNOWLEDGEMENT OF RECEIPT POLICY 5228F

I, _______________________________, an employee serving as a commercially licensed driver for Helena Flats School District complete this form to document that I have received School District Policies 5228 and 5228P and been given the opportunity to ask questions about the policies to fully understand how the policies govern my employment with the School District

Employee Signature:

Signature: _________________________________ Date: ______________

Supervisor Receipt: Signature: _________________________________ Date: ___________________

REQUEST FOR RECORDS POLICY 5228F2

I, _______________________________, an employee serving as a commercially licensed driver for Helena Flats School District complete this form to request any records pertaining to my use of drugs or alcohol, including any records pertaining to my drug or alcohol tests in accordance with School District Policies 5228 and 5228P If I chose to have these records forwarded to a third party, I am noting the contact information in the space provided on this form.

Employee Signature:

Signature: _________________________________ Date: ___________________

Supervisor Receipt:

Signature: _________________________________ Date: ___________________

I authorize the School District to send the requested records to the following individual or entity in accordance with the authorization outlined on this form.

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers 6 7

School bus and commercial vehicle drivers shall be subject to a drug and alcohol testing program 8 that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382. 9 10

Other persons who drive vehicles designed to transport sixteen (16) or more passengers, 11 including the driver, are likewise subject to the drug and alcohol testing program. 12 13

Testing procedures and facilities used for the tests shall conform with the requirements of the 14 Code of Federal Regulations, Title 49, §§ 40, et seq. 15 16

17 18

Pre-Employment Tests

Tests shall be conducted before the first time a driver performs any safety-sensitive function for 19 the District. Safety-sensitive functions include all on-duty functions performed from the time a 20 driver begins work or is required to be ready to work, until he/she is relieved from work and all 21 responsibility for performing work. It includes driving; waiting to be dispatched; inspecting and 22 servicing equipment; supervising, performing, or assisting in loading and unloading; repairing or 23 obtaining and waiting for help with a disabled vehicle; performing driver requirements related to 24 accidents; and performing any other work for the District or paid work for any entity. 25 26

The tests shall be required of an applicant only after he/she has been offered the position. 27 28

Exceptions may be made for drivers who have had the alcohol test required by law within the 29 previous six (6) months and participated in the drug testing program required by law within the 30 previous thirty (30) days, provided that the District has been able to make all verifications 31 required by law. 32 33

34 35

Post-Accident Tests

Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable 36 on any driver: 37 38

1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident 39 involved loss of human life; or 40

2. Who receives a citation under state or local law, for a moving traffic violation arising 41 from the accident. 42 43

Drivers shall make themselves readily available for testing, absent the need for immediate 44 medical attention. 45 46 47

No such driver shall use alcohol for eight (8) hours after the accident, or until after he/she 4 undergoes a post-accident alcohol test, whichever occurs first. 5 6

If an alcohol test is not administered within two (2) hours or if a drug test is not administered 7 within thirty-two (32) hours, the District shall prepare and maintain records explaining why the 8 test was not conducted. Tests will not be given if not administered within eight (8) hours after 9 the accident for alcohol or within thirty-two (32) hours for drugs. 10 11

Tests conducted by authorized federal, state, or local officials will fulfill post-accident testing 12 requirements, provided they conform to applicable legal requirements and are obtained by the 13 District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled 14 substance testing obligations. 15 16

17 18

Random

Tests

Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for 19 alcohol shall be conducted just before, during, or just after the performance of safety-sensitive 20 functions. The number of random alcohol tests annually must equal twenty-five percent (25%) 21 of the average number of driver positions. The number of random drug tests annually must equal 22 fifty percent (50%) of the average number of driver positions. Drivers shall be selected by a 23 scientifically valid random process, and each driver shall have an equal chance of being tested 24 each time selections are made. 25 26

27 28

Reasonable Suspicion Tests

Tests shall be conducted when a supervisor or District official trained in accordance with law has 29 reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions. This 30 reasonable suspicion must be based on specific, contemporaneous, articulable observations 31 concerning the driver’s appearance, behavior, speech, or body odors. The observations may 32 include indications of the chronic and withdrawal effects of controlled substances. 33 34

Alcohol tests are authorized for reasonable suspicion only if the required observations are made 35 during, just before, or just after the period of the work day when the driver must comply with 36 alcohol prohibitions. An alcohol test may not be conducted by the person who determines that 37 reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within 38 two (2) hours of a determination of reasonable suspicion, the District shall prepare and maintain 39 a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate 40 after eight (8) hours. 41 42

A supervisor or District official who makes observations leading to a controlled substance 43 reasonable suspicion test shall make a written record of his/her observations within twenty-four 44 (24) hours of the observed behavior or before the results of the drug test are released, whichever 45 is earlier. 46 47

Enforcement 4

Any driver who refuses to submit to a post-accident, random, reasonable suspicion, or follow-up 5 test shall not perform or continue to perform safety-sensitive functions. 6 7

Drivers who test positive for alcohol or drugs shall be subject to disciplinary action up to and 8 including termination of employment. 9 10

A driver who violates District prohibitions related to drugs and alcohol shall receive from the 11 District the names, addresses, and telephone numbers of substance abuse professionals and 12 counseling and treatment programs available to evaluate and resolve drug and alcohol-related 13 problems. The employee shall be evaluated by a substance abuse professional who shall 14 determine what help, if any, the driver needs in resolving such a problem. Any substance abuse 15 professional who determines that a driver needs assistance shall not refer the driver to a private 16 practice, person, or organization in which he/she has a financial interest, except under 17 circumstances allowed by law. 18 19

An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated 20 by a substance abuse professional to determine that he/she has properly followed the prescribed 21 rehabilitation program and shall be subject to unannounced follow-up tests after returning to 22 duty. 23 24

25 26

Return-to-Duty Tests

A drug or alcohol test shall be conducted when a driver who has violated the District’s drug or 27 alcohol prohibition returns to performing safety-sensitive duties. 28 29

Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function 30 until the return-to-duty drug test produces a verified negative result. 31 32

Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function 33 until the return-to-duty alcohol test produces a verified result that meets federal and District 34 standards. 35 36

37 38

Follow-Up Tests

A driver who violates the District’s drug or alcohol prohibition and is subsequently identified by 39 a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall 40 be subject to unannounced follow-up testing as directed by the substance abuse professional in 41 accordance with law. Follow-up alcohol testing shall be conducted just before, during, or just 42 after the time when the driver is performing safety-sensitive functions. 43 44 Records 45 46

Employee drug and alcohol test results and records shall be maintained under strict 47

confidentiality and released only in accordance with law. Upon written request, a driver shall 4 receive copies of any records pertaining to his/her use of drugs or alcohol, including any records 5 pertaining to his/her drug or alcohol tests. Records shall be made available to a subsequent 6 employer or other identified persons only as expressly requested in writing by the driver. 7 8

Notifications 9 10

Each driver shall receive educational materials that explain the requirements of the Code of 11 Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and 12 regulations for meeting these requirements. Representatives of employee organizations shall be 13 notified of the availability of this information. The information shall identify: 14 15

1. The person designated by the District to answer driver questions about the materials; 16 17

2. The categories of drivers who are subject to the Code of Federal Regulations, Title 49, 18 Part 382; 19 20

3. Sufficient information about the safety-sensitive functions performed by drivers to make 21 clear what period of the work day the driver is required to comply with Part 382; 22 23

4. Specific information concerning driver conduct that is prohibited by Part 382; 24 25

5 The circumstances under which a driver will be tested for drugs and/or alcohol under Part 26 382; 27 28

6. The procedures that will be used to test for the presence of drugs and alcohol, protect the 29 driver and the integrity of the testing processes, safeguard the validity of test results, and 30 ensure that test results are attributed to the correct driver; 31 32

7. The requirement that a driver submit to drug and alcohol tests administered in accordance 33 with Part 382; 34 35

8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the 36 attendant consequences; 37 38

9. The consequences for drivers found to have violated the drug and alcohol prohibitions of 39 Part 382, including the requirement that the driver be removed immediately from safety- 40 sensitive functions and the procedures for referral, evaluation, and treatment; 41 42

10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater 43 but less than 0.04; 44 45

11. Information concerning the effects of drugs and alcohol on an individual’s health, work, 46 and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a 47

coworker’s); and available methods of intervening when a drug or alcohol problem is 4 suspected, including confrontation, referral to an employee assistance program, and/or 5 referral to management; and 6 7

12. The requirement that the following personal information collected and maintained under 8 this part shall be reported to the Commercial Driver's License Drug and Alcohol 9 Clearinghouse: 10 11

A. A verified positive, adulterated, or substituted drug test result; 12 13

B. An alcohol confirmation test with a concentration of 0.04 or higher; 14 15

C. A refusal to submit to any test required by law; 16 17

D. An employer's report of actual knowledge, as defined in law: 18 19

E. On duty alcohol use; 20 21 F. Pre-duty alcohol use; 22 23

G. Alcohol use following an accident; 24 25 H. Controlled substance use; 26 27

I. A substance abuse professional report of the successful completion of the 28 return-to-duty process; 29 30

J. A negative return-to-duty test; and 31 32

K. An employer's report of completion of follow-up testing. 33 34

Drivers shall also receive information about legal requirements, District policies, and 35 disciplinary consequences related to the use of alcohol and drugs. 36 37

Each driver shall sign a statement certifying that he/she has received a copy of the above 38 materials. 39 40

Before any driver operates a commercial motor vehicle, the District shall provide him/her with 41 post-accident procedures that will make it possible to comply with post-accident testing 42 requirements. 43 44

Before drug and alcohol tests are performed, the District shall inform drivers that the tests are 45 given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be 46 provided only after the compliance date specified in law. 47

The District shall notify a driver of the results of a pre-employment drug test if the driver 4 requests such results within sixty (60) calendar days of being notified of the disposition of his/ 5 her employment application. 6 7

The District shall notify a driver of the results of random, reasonable suspicion, and post- 8 accident drug tests if the test results are verified positive. The District shall also tell the driver 9 which controlled substance(s) were verified as positive. 10 11

Drivers shall inform their supervisors if at any time they are using a controlled substance which 12 their physician has prescribed for therapeutic purposes. Such a substance may be used only if 13 the physician has advised the driver that it will not adversely affect his/her ability to safely 14 operate a commercial motor vehicle. 15 16

Clearinghouse 17 18

The School District will comply with the requirements of the Commercial Driver's License Drug 19 and Alcohol Clearinghouse. The School District and Transportation service providers are called 20 upon to report DOT drug and alcohol testing program violations to the Clearinghouse. Drivers 21 have been notified that any information subject to disclosure will be submitted to the 22 Clearinghouse in accordance with this policy and applicable regulations. 23 24

Legal Reference: 49 C.F.R. Part 40 Procedures for Transportation Workplace Drug and 25 Alcohol Testing 26 49. C.F.R. Part 382 Controlled Substances and Alcohol Use and Testing 27 28

Policy History: 29 Adopted on: 12/18/2013 30 Reviewed on: 31 Revised on: 5/18/21 32 33

All District personnel shall be advised of routine procedures to follow in handling body fluids. 7 These procedures, developed in consultation with public health and medical personnel, shall 8 provide simple and effective precautions against transmission of diseases to persons exposed to 9 the blood or body fluids of another. The procedures shall follow standard health and safety 10 practices. No distinction shall be made between body fluids from individuals with a known 11 disease or infection and from individuals without symptoms or with an undiagnosed disease. 12 13

The District shall provide training on procedures on a regular basis. Appropriate supplies shall 14 be available to all personnel, including those involved in transportation and custodial services. 15 16

The District shall provide soap and disposable towels or other hand-drying devices shall be 17 available at all handwashing sinks. Common-use towels are prohibited. The District shall provide 18 sanitary napkin disposal in teachers' toilet rooms and nurses' toilet rooms. The District shall 19 provide either sanitary napkin dispensers in the girls', nurses', and teachers' toilet rooms or some 20 other readily available on-site access to sanitary napkins. 21 22

If a staff member develops symptoms of any reportable communicable or infectious illness 23 while at school, the responsible school officials shall do the following: 24 25

(a) isolate the staff member immediately from students or staff 26 (b) consult with a physician, other qualified medical professional, or the local county 27 health authority to determine if the case should be reported. 28 29

Healthy Hand Hygiene Behavior 30 31

All staff and volunteers present in any school building shall engage in hand hygiene at the 32 following times, which include but are not limited to: 33

(a) Arrival to the facility and after breaks 34

(b) Before and after preparing, eating, or handling food or drinks 35

(c) Before and after administering medication or screening temperature 36

(d) After coming in contact with bodily fluid 37

(e) After recess 38

(f) After handling garbage 39 (g) After assisting students with handwashing 40 (h) After use of the restroom 41 42

Hand hygiene includes but is not limited to washing hands with soap and water for at least 20 43 seconds. If hands are not visibly dirty, alcohol-based hand sanitizers with at least 60% alcohol 44 can be used if soap and water are not readily available. 45 46

Staff members shall supervise children when they use hand sanitizer and soap to prevent 5 ingestion. Staff members shall place grade level appropriate posters describing handwashing 6 steps near sinks. 7 8

Confidentiality 9 10

This policy in no way limits or adjusts the School District’s obligations to honor staff privacy 11 rights. All applicable district policies and handbook provision governing confidentiality of staff 12 medical information remain in full effect. 13 14

Legal Reference: 37.114.101, et seq., ARM Communicable Disease Control 15 37.111.825, ARM Health Supervision and Maintenance 16 17 18

Policy History: 19

Adopted on: 8-17-21 20 Reviewed on: 21 Revised on: 22

The District maintains a complete personnel record for every current and former employee. The 7 employees’ personnel records will be maintained in the District’s administrative office, under the 8 Superintendent’s direct supervision. Employees will be given access to their personnel records, 9 in accordance with guidelines developed by the Superintendent. 10 11

In addition to the Superintendent or other designees, the Board may grant a committee or a 12 member of the Board access to cumulative personnel files. When specifically authorized by the 13 Board, counsel retained by the Board or by the employee will also have access to a cumulative 14 personnel file. 15 16

In accordance with federal law, the District shall release information regarding the professional 17 qualifications and degrees of teachers and the qualifications of paraprofessionals to parents upon 18 request, for any teacher or paraprofessional who is employed by a school receiving Title I funds, 19 and who provides instruction to their child at that school. Access to other information contained 20 in the personnel records of District employees is governed by Policy 4340. 21 22

Personnel records must be kept for 10 years after termination. 23 24

Cross Reference: 4340 Public Access to District Records 25 26

Legal Reference: Admin. R. Mont. 10.55.701(5) Board of Trustees 27 No Child Left Behind Act of 2001, (Public Law 107-334) 28 § 20-1-212(2), MCA Destruction of records by school officer. 29 30

Policy History: 31 Adopted on: 12/08/09 32 Reviewed on: 33 Revised on: 12/18/2013 34

Helena Flats School District

The District shall maintain a cumulative personnel file in the administrative office for each of its 7 employees, as required by the Office of Public Instruction and current personnel policies. These 8 records are not to leave the administrative office except as specifically authorized by the 9 Superintendent, and then only by signed receipt. Payroll records are maintained separately. 10 11

Contents of Personnel Files

A personnel file may contain but is not limited to transcripts from colleges or universities, 14 information allowed by statute, a record of previous employment (other than college placement 15 papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and 16 copies of letters of recommendation requested by an employee. All material in the personnel file 17 must be related to the employee’s work, position, salary, or employment status in the District. 18 All documents, communications, and records dealing with the processing of a grievance shall be 19 filed separately from the personnel files of the participants. 20 21 No material derogatory to an employee’s conduct, service, character, or personality shall be 22 placed in the file, unless such placement is authorized by the Superintendent, as indicated by the 23 Superintendent’s initials, and unless the employee has had adequate opportunity to read the 24 material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the 25 employee’s initials or signature verifying that the employee has received a copy of the material. 26 If the employee refuses to sign the document indicating that the employee has had an opportunity 27 to read it, the Superintendent will place an addendum to the document, noting that the employee 28 was given a copy but refused to sign. The Superintendent will date and sign the addendum. 29 30

31 32

Disposition of Personnel Files

An employee, upon termination, may request transcripts of college and university work. Any 33 confidential college or university placement papers shall be returned to the sender or destroyed at 34 the time of employment. All other documents shall be retained and safeguarded by the District 35 for such periods as prescribed by law. 36 37

1. Records required for ALL employees: 40 41

A. Name in full (same name as used for Social Security); 42

B. Employee’s home address, including zip code; 43 C. Date of birth if under the age of nineteen (19); 44

D. Sex (may be indicated with Male/Female, M/F, Mr./Mrs./Miss/Ms.); 45

E. Time of day and day of week on which the employee’s workweek begins; 46

F. Basis on which wages are paid (such as $5/hour, $200/week, etc.); 4

G. Any payment made which is not counted as part of the “regular rate”; 5 H. Total wages paid each pay period. 6 I. Occupation 7 8

2. Additional records required for non-exempt employees: 9 10

A. Regular hourly rate of pay during any week when overtime is worked; 11

B. Hours worked in any workday (consecutive twenty-four-(24)-hour period); 12 C. Hours worked in any workweek (or work period in case of 207[k]); 13

D. Total daily or weekly straight-time earnings (including payment for hours in 14 excess of forty (40) per week but excluding premium pay for overtime); 15

E. Total overtime premium pay for a workweek; 16 F. Date of payment and the pay period covered; 17 G. Total deductions from or additions to wages each pay period; 18 H. Itemization of dates, amounts, and reason for the deduction or addition, 19 maintained on an individual basis for each employee; 20 I. Number of hours of compensatory time earned each pay period; 21 J. Number of hours of compensatory time used each pay period; 22 K. Number of hours of compensatory time compensated in cash, the total amount 23 paid, and the dates of such payments; 24 L. The collective bargaining agreements which discuss compensatory time, or 25 written understandings with individual non-union employees. 26 27 All records obtained in the application and hiring process shall be maintained for at least two (2) 28 years. 29 30 31 32

Legal Reference: 29 USC §§ 201, et seq Fair Labor Standards Act 33 §§ 2-6-101, et seq., MCA Public Records Generally 34 Admin. R. Mont. 24.9.805 Employment Records 35 29 C.F.R. Part 516 Records to be kept by employers 36 37

Procedure History: 38 Promulgated on: 10/13/09 39 Reviewed on: 12/18/2013 40 Revised on: 41

Abused and Neglected Child Reporting

A District employee who has reasonable cause to suspect, as a result of information they receive 7 in their professional or official capacity, that a child is abused or neglected by anyone regardless 8 of whether the person suspected of causing the abuse or neglect is a parent or other person 9 responsible for the child's welfare, shall report the matter promptly to the Department of Public 10 Health and Human Services. Child abuse or neglect means actual physical or psychological 11 harm to a child, substantial risk of physical or psychological harm to a child, and abandonment. 12 This definition includes sexual abuse and sexual contact by or with a student. The obligation to 13 report suspected child abuse or neglect also applies to actual or attempted sexual or romantic 14 contact between a student and a staff member 15 16

A District employee who makes a report of child abuse or neglect is encouraged to notify the 17 building administrator of the report. An employee does not discharge the obligation to personally 18 report by notifying the Superintendent or principal. 19 20

Any District employee who fails to report a suspected case of abuse or neglect to the Department 21 of Public Health and Human Services, or who prevents another person from doing so, may be 22 civilly liable for damages proximately caused by such failure or prevention and is guilty of a 23 misdemeanor. The employee will also be subject to disciplinary action up to and including 24 termination. 25 26

When a District employee makes a report, the DPHHS may share information with that 27 individual or others as permitted by law. Individuals in the District who receive information 28 related to a report of child abuse or neglect shall maintain the confidentiality of the information 29 30

Cross Reference: Policy 5223 – Personal Conduct 31 Policy 3225- Sexual Harassment of Students 32 33

Legal Reference: § 41-3-201, MCA Reports 34

§ 41-3-202, MCA Action on reporting 35

§ 41-3-203, MCA Immunity from liability 36

§ 41-3-205, MCA Confidentiality – disclosure exceptions 37

§ 41-3-207, MCA Penalty for failure to report 38

§ 45-5-501, MCA Definitions 39

§ 45-5-502, MCA Sexual Assault 40 41

Policy History: 42 Adopted on: 10/13/09 43 Reviewed on: 44 Revised on: 12/18/2013, 8/9/2016, 01/21/20 45

Helena Flats School District 1 2 PERSONNEL 5232F 3 4

Helena Flats School District 5 Report of Suspected Child Abuse or Neglect 6 Hot Line Number – 866-820-5437 7 8

Original to: Department of Public Health and Human Services 9 Copy to: Building Principal 10 11

From: Title: ______________________________ 12 13 School: Phone: __________________ 14 15 Persons contacted: □ Principal □ Teacher □ School Nurse □ Other ______________ 16 17

Name of Minor: Date of Birth: __________________ 18 19 Address: Phone: _______________________ 20 21

Date of Report: Attendance Pattern: _______________________________ 22 23

Father: Address: Phone: __________ 24 25 Mother: Address: Phone: __________ 26 27 Guardian or 28 Stepparent: Address: Phone: __________ 29 30

Any suspicion of injury/neglect to other family members: ______________________________ 31 32

Nature and extent of the child’s injuries, including any evidence of previous injuries, and any 33 other information which may be helpful in showing abuse or neglect, including all acts which 34 lead you to believe the child has been abused or neglected: ______________________________ 35 ______________________________________________________________________________ 36 37

Previous action taken, if any: _____________________________________________________ 38 39 40 41

Follow-up by Department of Public Health and Human Services (DPHHS to complete and return 42 copy to the Building Principal): 43 44

Date Received: Date of Investigation: ________________ 45

Resolution of Staff Complaints/Problem-Solving

As circumstances allow, the District will attempt to provide the best working conditions for its 7 employees. Part of this commitment is encouraging an open and frank atmosphere in which any 8 problem, complaint, suggestion, or question is answered quickly and accurately by District 9 supervisors or administration. 10 11

The District will endeavor to promote fair and honest treatment of all employees. Administrators 12 and employees are all expected to treat each other with mutual respect. Each employee has the 13 right to express his or her views concerning policies or practices to the administration in a 14 businesslike manner, without fear of retaliation. Employees are encouraged to offer positive and 15 constructive criticism. 16 17

Each employee is expected to follow established rules of conduct, policies, and practices. 18 Should an employee disagree with a policy or practice, the employee can express his or her 19 disagreement through the District’s grievance procedure. No employee shall be penalized, 20 formally or informally, for voicing a disagreement with the District in a reasonable, businesslike 21 manner or for using the grievance procedure. An employee filing a grievance under a 22 collective bargaining agreement is required to follow the grievance procedure for that 23 particular agreement. 24 25 26 27

Cross Reference: 1700 Uniform Complaint Procedure 28 29

Policy History: 30 Adopted on: 02/04 31 Reviewed on: 12/18/2013 32 Revised on: 33

Helena Flats School District

Non-Renewal of Employment/Dismissal From Employment

The Board, after receiving the recommendations of the Superintendent, will determine the non- 7 renewal or termination of certified and classified staff, in conformity with state statutes and 8 applicable District policy. 9 10 11 12

Cross Reference: 5140 Classified Employment and Assignment 13 14

Legal Reference: § 20-3-324(2), MCA Trustee Powers and Duties 15

§ 20-4-204, MCA Termination of tenure teacher services 16

§ 20-4-206, MCA Notification of nontenure teacher reelection – 17 acceptance – termination. 18

§ 20-4-207, MCA Dismissal of teacher under contract 19

§ 39-2-912, MCA Exemptions to Wrongful Discharge from 20 Employment Act 21 22

Policy History: 23 Adopted on: 02/19/10 24 Reviewed on: 12/18/2013 25 Revised on: 26

Resignations

The Board authorizes the Superintendent to accept on its behalf resignations from any District 7 employee. The Superintendent shall provide written acceptance of the resignation, including the 8 date of acceptance, to the employee, setting forth the effective date of the resignation. 9 10

Once the Superintendent has accepted the resignation, it may not be withdrawn by the employee. 11 The resignation and its acceptance should be reported as information to the Board at the next 12 regular or special meeting. 13 14 15 16

Legal Reference: Booth v. Argenbright, 225 Mont. 272, 731 P 2d 1318 (1987) 17 18

Policy History: 19 Adopted on: 01/21/2014 20 Reviewed on: 21 Revised on: 22

All District employees shall participate in retirement programs under the Federal Social Security 7 Act and either the Teachers’ Retirement System or the Public Employees’ Retirement System in 8 accordance with state retirement regulations. 9 10

Certified employees who intend to retire at the end of the current school year should notify the 11 Superintendent in writing prior to April 1 of that year OR according to terms of the current 12 collective bargaining agreement. 13 14

Those employees intending to retire, who are not contractually obligated to complete the school 15 year, should notify the Superintendent as early as possible and no less than sixty (60) days before 16 their retirement date. 17 18

The relevant and most current negotiated agreements for all categories of employees shall 19 specify severance stipends, if any, and other retirement conditions and benefits. 20 21

The District will contribute to the PERS whenever a classified employee is employed for more 22 than the equivalent of one hundred twenty (120) full days (960 hours) in any one (1) fiscal year. 23 Part-time employees who are employed for less than 960 hours in a fiscal year may elect PERS 24 coverage, at their option and in accordance with § 19-3-412, MCA. 25 26 27 28

Legal Reference: Title 19, Chapter 1, MCA Social Security 29

Title 19, Chapter 3, MCA Public Employees’ Retirement System 30 Title 19, Chapter 20, MCA Teachers’ Retirement 31 32

Policy History: 33 Adopted on: 12/18/2013 34 Reviewed on: 35 Revised on: 36

Payment of Employer Contributions and Interest on Previous Service

A Public Employees’ Retirement System (PERS) member may purchase: (1) all or a portion of 7 the member’s employment with an employer prior to the time the employer entered into a 8 contract for PERS coverage; and (2) all or a portion of the member’s employment for which 9 optional PERS membership was declined (both of which are known as previous service). 10 11

The member must file a written application with the PERS Board to purchase all or a portion of 12 the employment for service credit and membership service. The application must include salary 13 information certified by the member’s employer or former employer. 14 15

The District has the option to pay, or not to pay, the employer’s contributions due on previous 16 service and the option to pay, or not to pay, the outstanding interest due on the employer’s 17 contributions for the previous service. 18 19

It is the policy of this District to not pay the employer’s contributions due on previous service. 20 21

It is also the policy of this District to not pay the outstanding interest due on the employer’s 22 contributions for the previous service. 23 24

This policy will be applied indiscriminately to all employees and former employees of this 25 District. 26 27

The employee shall pay the amount not paid by the employer in order to receive service credit 28 and membership service for the period of employment. 29 30 31

Legal Reference: § 19-3-505, MCA Purchase of previous employment with employer 32 33

Policy History: 34 Adopted on: 01/21/2014 35 Reviewed on: 36 Revised on: 37

Employer Payment Policy

I. Section 19-3-505,

MCA

Payment of Employer Contributions and Interest on Previous Service

A Public Employees' Retirement System (PERS) member may purchase (1) all or a portion of the member's employment with an employer prior to the time the employer entered into a contract for PERS coverage and (2) all or a portion of the member's employment for which optional PERS membership was declined (both of which are known as previous service). PERS employers must establish policies regarding payment of employer contributions and employer interest due for the previous service being purchased by an employee. The policy must be applied indiscriminately to all employees and former employees. Thus, it is our policy to: not pay the employer's contributions due on previous service. and to: not pay the outstanding interest due on the employer's contributions for the previous service.

II. Section 19-3-504, MCA

Payment of Interest on Employer Contributions for Workers' Compensation Time

A PERS member may purchase time during which the member is absent from service because of an employment-related injury entitling the member to workers' compensation payments. PERS employers are required to pay employer contributions and must establish a policy for the payment of interest on employer contributions due for the workers' compensation time being purchased by an employee. The policy regarding payment of interest must be applied to all employees similarly situated. Thus, it is our policy to: not pay the outstanding interest due on the employer's contributions for the employee's purchase of workers' compensation time.

NAME OF EMPLOYER

Signature of Officer: Printed Name: Title of Officer: Dated: ____________________, 20___.

District employees who fail to fulfill their job responsibilities or to follow reasonable directions 7 of their supervisors, or who conduct themselves on or off the job in ways that affect their 8 effectiveness on the job, may be subject to discipline. Behavior, conduct, or action that may call 9 for disciplinary action or dismissal includes but is not limited to reasonable job-related grounds 10 based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or 11 other legitimate reasons. The Superintendent or the Board may order an investigation into the 12 employee’s conduct when warranted by the circumstances. 13 14

Discipline will be reasonably appropriate to the circumstance and will include but not be limited 15 to a supervisor’s right to reprimand an employee and the Superintendent’s right to suspend an 16 employee, with or without pay, or to impose other appropriate disciplinary sanctions. In 17 accordance with Montana law, only the Board may terminate an employee or non-renew 18 employment. 19 20

The District’s restrictions on students who have brought to, or possess a firearm at, any setting 21 that is under the control and supervision of the school district and a student who has been found 22 to have possessed, used or transferred a weapon on school district property apply to all 23 employees of the District pursuant to Policy 3311. 24 25

The Superintendent is authorized to immediately suspend a staff member. 26 27 28

Cross Reference Policy 3311 Firearms and Weapons 29 30 31

Legal Reference: § 20-3-210, MCA Controversy appeals and hearings 32 § 20-3-324, MCA Powers and duties 33 § 20-4-204, MCA Termination of tenure teacher services 34 § 20-4-207, MCA Dismissal of teacher under contract 35 § 39-2-903, MCA Definitions 36 Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N. 37 38

Policy History: 39 Adopted on: 12/18/2013 40 Reviewed on: 41 Revised on: 42

Reduction in Force

The Board has exclusive authority to determine the appropriate number of employees. A 7 reduction in certified employees may occur as a result of but not be limited to changes in the 8 education program, staff realignment, changes in the size or nature of the student population, 9 financial considerations, or other reasons deemed relevant by the Board. 10 11

The Board will follow the procedure stated in the current collective bargaining agreement when 12 considering a reduction in force. The reduction in certified employees, other than administrators, 13 will generally be accomplished through normal attrition when possible. The Board may 14 terminate certified employees, if normal attrition does not meet the required reduction in force. 15 16

The Board will consider performance evaluations, staff needs, and other reasons it deems 17 relevant, in determining order of dismissal when it reduces classified staff or discontinues some 18 type of educational service. 19 20 21 22

Cross Reference: 5250 Non-Renewal of Employment/Dismissal From Employment 23 24

Legal Reference: § 20-4-206, MCA Notification of nontenure teacher reelection – 25 acceptance – termination 26 27

Policy History: 28 Adopted on: 05/11/04 29 Reviewed on: 30 Revised on: 31

The Board has exclusive authority to determine the appropriate number of employees. A 7 reduction in employees may occur as a result of but not be limited to changes in the education 8 program, staff realignment, changes in the size or nature of the student population, financial 9 considerations, or other reasons deemed relevant by the Board. 10 11

The Board will follow the procedure stated in the current collective bargaining agreement, if 12 applicable, when considering a reduction in force. The reduction in employees will generally be 13 accomplished through normal attrition when possible. The Board may terminate employees, if 14 normal attrition does not meet the required reduction in force. 15 16

If no collective bargaining agreement covers the affected employee, the Board will consider 17 needs of the students, employee performance evaluations, staff needs, and other reasons it deems 18 relevant, in determining order of dismissal when it reduces classified staff or discontinues some 19 type of educational service. 20 21 22

Cross Reference: 5250 Termination from Employment, Non-Renewal of Employment 23 24

Legal Reference: § 39-2-912, MCA Exceptions 25 26

Policy History: 27 Adopted on: 05/11/04 28 Reviewed on: 29 Revised on: 8/2019 30

The Board authorizes the use of substitute teachers as necessary to replace teachers who are 7 temporarily absent. Staff members will use the Sub-Online service to request substitutes before 8 6:30AM on the morning of an illness. Teachers will also use the service to request personal and 9 professional development days with prior approval from the administrator. 10 11

A substitute teacher may be employed to carry on a teacher’s duties not to exceed 35 consecutive 12 teaching days. 13 14

If the absence of the regular, licensed or authorized teacher continues for more than 35 15 consecutive teaching days, the substitute may be placed under contract if licensed or the board of 16 trustees shall place a licensed teacher under contract. If the board of trustees makes a written 17 declaration to the Superintendent of Public Instruction that no licensed teacher is available, the 18 district shall pursue the employment of a teacher authorized under the provisions of Admin. R. 19 Mont. 10.57.107. 20 21

The Board annually establishes a daily rate of pay for substitute teachers. No fringe benefits are 22 given to substitute teachers. 23 24

Substitutes for classified positions will be paid by the hour. When a classified employee is called 25 upon to substitute for a teacher, the teacher sub rate shall apply unless the classified rate of pay is 26 higher. 27 28

All substitute teachers will be required to undergo fingerprint and background checks. 29 30 31

Legal Reference: Admin. R. Mont. 10.55.716

Substitute teachers 32 33 34

Policy History: 35 Adopted on: 36 Reviewed on: 37 Revised on: 12/18/2013 38

Sick and Bereavement Leave 7 8

Certified employees will be granted sick leave according to terms of their collective bargaining 9 agreement. 10 11

Classified employees will be granted sick leave benefits in accordance with § 2-18-618, MCA. 12 For classified staff, “sick leave” is defined as a leave of absence, with pay, for a sickness 13 suffered by an employee or an employee’s immediate family. Sick leave may be used by an 14 employee when they are unable to perform job duties because of: 15 16

• A physical or mental illness, injury, or disability; 17 18

• Maternity or pregnancy-related disability or treatment, including prenatal care, birth, or 19 medical care for the employee or the employee’s child; 20 21

• Parental leave for a permanent employee as provided in § 2-18-606, MCA; 22 23

• Quarantine resulting from exposure to a contagious disease; 24 25

• Examination or treatment by a licensed health care provider; 26 27

• Short-term attendance, in an agency’s discretion, to care for a person (who is not the 28 employee or a member of the employee’s immediate family) until other care can 29 reasonably be obtained; 30 31

• Necessary care for a spouse, child or parent with a serious health condition, as defined in 32 the Family and Medical Leave Act of 1993; or 33 34

• Death or funeral attendance of an immediate family member or, at an agency’s discretion, 35 another person. 36 37

Nothing in this policy guarantees approval of the granting of such leave in any instance. The 38 District will judge each request in accordance with this policy and governing collective 39 bargaining agreements. 40 41

It is understood that seniority will accumulate while a teacher or employee is utilizing sick leave 42 credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave 43 is cause for disciplinary action up to and including termination of employment. 44 45

Immediate family is defined as an employee’s spouse and any member of the employee’s 46

household, or any parent, child, grandparent, grandchild, or corresponding in-law. 4 5

An employee who has suffered a death in the immediate family will be eligible for bereavement 6 leave. The Superintendent has the authority to grant bereavement leave for up to five (5) days. 7 Bereavement leave longer than five (5) days must be approved by the Board. Such leave will not 8 exceed three (3) months unless prescribed by a physician. 9 10

11 12

Personal

Leave

Teachers will be granted personal leave according to terms of the current collective bargaining 13 agreement. Upon recommendation of the Superintendent, and in accordance with law and 14 District policy, classified staff may be granted personal leave pursuant to the following 15 conditions: 16 17

1. Leave will be without pay unless otherwise stated. If leave is to include expenses payable 18 by the District, leave approval will so state. 19 20

2 Notice of one (1) month is required for any personal leave exceeding one (1) week. 21 22

3. With approval of the Board, the Superintendent has the flexibility, in unusual or 23 exceptional circumstances, to grant personal leave to employees not covered by sick or 24 annual leave. The employee will not receive fringe benefits during any personal leave of 25 greater than fifteen (15) days. During the leave, the employee may pay the District’s 26 share of any insurance benefit program in order to maintain those benefits, provided that 27 is acceptable to the insurance carrier. Staff using personal leave will not earn any sick 28 leave or annual leave credits or any other benefits during the approved leave of absence. 29 30

Civic

Duty

Leave 31 32

Leaves for service on either a jury or in the Legislature will be granted in accordance with state 33 and federal law. A certified staff member hired to replace one serving in the Legislature does not 34 acquire tenure. 35 36

An employee who is summoned to jury duty or subpoenaed to serve as a witness may elect to 37 receive regular salary or to take annual leave during jury time. An employee who elects not to 38 take annual leave, however, must remit to the District all juror and witness fees and allowances 39 (except for expenses and mileage). The District may request the court to excuse an employee 40 from jury duty, when an employee is needed for proper operation of the school. 41 42 43 44 45

Legal Reference: 42 U.S.C §2000e Equal Employment Opportunities 4 § 2-18-601(15), MCA Definitions 5 6 7

§ 2-18-618, MCA Sick leave 8 § 2-18-619, MCA Jury Duty – Service as Witness 9 § 39-2-104, MCA Mandatory Leave of Absence for employees 10 Holding public office 11

§ 49-2-310, MCA Maternity leave – unlawful acts of 12 employers 13

§ 49-2-311, MCA Reinstatement to job following 14 pregnancy- related leave of absence 15 16

Policy History: 17 Adopted on: 01/21/2014 18 Reviewed on: 19 Revised on: 20

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and 7 the Montana Military Service Employment Rights, the Superintendent shall grant military leave 8 to employees for voluntary or involuntary service in the uniformed services of the United States, 9 upon receipt of the required notice. Benefits shall be maintained for these employees as required 10 by law and/or collective bargaining agreements. A service member who returns to the District 11 for work following a period of active duty must be reinstated to the same or similar position and 12 at the same rate of pay unless otherwise provided by law. 13 14

Time spent in active military service shall be counted in the same manner as regular employment 15 for purposes of seniority or District service unless otherwise provided in a collective bargaining 16 agreement. 17 18

The District will not discriminate in hiring, reemployment, promotion, or benefits based upon 19 membership or service in the uniformed services. 20 21

All requests for military leave will be submitted to the Superintendent, in writing, accompanied 22 by copies of the proper documentation showing the necessity for the military leave request. 23 24

When possible, all requests for military leave will be submitted at least one (1) full month in 25 advance of the date military service is to begin. 26 27

Persons returning from military leave are asked to give the Superintendent notice of intent to 28 return, in writing, as least one (1) full month in advance of the return date. 29 30

The District shall post notice of the rights, benefits, and obligations of the District and employees 31 in the customary place for notices. 32 33

Legal Reference: 38 U.S.C. §§ 4301-4334

The Uniformed Services Employment and 34 Reemployment Act of 1994 35

§10-1-1004, MCA Rights under federal law 36

§10-1-1005, MCA Prohibition against employment 37 discrimination 38

§10-1-1006, MCA Entitlement to leave of absence 39

§10-1-1007, MCA Right to return to employment without loss 40 of benefits – exceptions – definition 41

§10-1-1009, MCA Paid military leave for public employees 42 Policy History: 43 Adopted on: 12/18/2013 44 Reviewed on: 45 Revised on: 8/9/2016 46

Breastfeeding Workplace

Recognizing that breastfeeding is a normal part of daily life for mothers and infants and that 7 Montana law authorizes mothers to breastfeed their infants where mothers and children are 8 authorized to be, the District will support women who want to continue breastfeeding after 9 returning from maternity leave. 10 11

The District shall provide reasonable unpaid break time each day to an employee who needs to 12 express milk for the employee’s child, if breaks are currently allowed. If breaks are not currently 13 allowed, the District shall consider each case and make accommodations as possible. The 14 District is not required to provide break time if to do so would unduly disrupt the District’s 15 operations. Supervisors are encouraged to consider flexible schedules when accommodating 16 employees’ needs. 17 18

The District will make reasonable efforts to provide a room or other location, in close proximity 19 to the work area, other than a toilet stall, where an employee can express the employee’s breast 20 milk. The available space will include the provision for lighting and electricity for the pump 21 apparatus. If possible, supervisors will ensure that employees are aware of these workplace 22 accommodations prior to maternity leave. 23 24 25 26

Legal Reference: § 39-2-215, MCA Public employer policy on support of women and 27 breastfeeding – unlawful discrimination 28 § 39-2-216, MCA Private Place for nursing mothers 29 § 39-2-217, MCA Break time for nursing mothers 30 31

Policy History: 32 Adopted on: 12/18/2013 33 Reviewed on: 34 Revised on: 35

Helena Flats School District

Family Medical Leave

Employees are eligible for benefits under the Family Medical Leave Act when the District has 7 fifty (50) or more employees. The Helena Flats School District has less than fifty (50) 8 employees, and therefore employees are not eligible for FMLA benefits. 9 10 11

NOTE: This provision applies to school districts with fifty (50) or more employees. Those 12 districts with less than fifty (50) employees must comply with notice and record 13 retention but are not obligated to provide the leave as a benefit of any employee’s 14 employment. The FMLA poster may be obtained by going to the Montana 15 Department of Labor website, highlight “Resources & Services” tab and click on 16 “Required Postings”. 17 18 19 20 21 22

Legal Reference: 29 U.S.C §2601, et seq. - Family and Medical Leave Act of 1993 23 29 C.F.R. Part 825, Family and Medical Leave Regulations 24 §§2-18-601, et seq., MCA Leave Time 25 §§49-2-301, et seq., MCA Prohibited Discriminatory Practices 26 Section 585 – National Defense Authorization Act for FY 2008, Public 27 Law [110-181] 28 29

Policy History: 30 Adopted on: 12/18/2013 31 Reviewed on: 32 Revised on: 33

Employees may use sick leave for long-term illness or temporary disability, and, upon the 7 expiration of sick leave, the Board may grant eligible employees leave without pay if requested. 8 Medical certification of the long-term illness or temporary disability may be required, at the 9 Board’s discretion. 10 11

Leave without pay arising out of any long-term illness or temporary disability, including 12 pregnancy, miscarriage, childbirth and recovery therefrom, shall commence only after sick leave 13 has been exhausted. The duration of leaves, extensions, and other benefits for privileges such as 14 health and long-term illness or temporary disability plans in the event of maternity leave, shall 15 apply under the same conditions as other long-term illness or temporary disability leaves. 16 17

Policy History: 18

Adopted on: 12/18/2013 19 Reviewed on: 20 Revised on: 01/21/20 21

Long-Term Illness/Temporary Disability/Maternity Leave

The following procedures will be used when an employee has a long-term illness or temporary 7 disability, including maternity: 8 9

1. When any illness or temporarily disabling condition is “prolonged,” an employee will be 10 asked by the administration to produce a written statement from a physician, stating that 11 the employee is temporarily disabled and is unable to perform the duties of his/her 12 position until such a time. 13 14

2 In the case of any other extended illness, procedures for assessing the probable duration 15 of the temporary disability will vary. The number of days of disability will vary 16 according to different conditions, individual needs, and the assessment of individual 17 physicians. Normally, however, the employee should expect to return on the date 18 indicated by the physician, unless complications develop which are further certified by a 19 physician. 20 21

3 An employee who has signified her intent to return at the end of her maternity leave of 22 absence shall be reinstated to her original job or an equivalent position with equivalent 23 pay and accumulated seniority, retirement, fringe benefits, and other service credits. 24 25 26

Procedure History: 27

Promulgated on: 12/18/2013 28 Reviewed on: 29 Revised on: 01/21/20 30

Helena Flats School District

Maternity and Paternity Leave

The School District’s maternity leave policy covers employees who are not eligible for FMLA 7 leave at Policy 5328 Maternity leave includes only continuous absence immediately prior to 8 adoption, delivery, absence for delivery, and absence for post-delivery recovery, or continuous 9 absence immediately prior to and in the aftermath of miscarriage or other pregnancy-related 10 complications. 11 12

The School District shall not refuse to grant an employee a reasonable leave of absence for 13 pregnancy or require that an employee take a mandatory maternity leave for an unreasonable 14 length of time The School District has determined that maternity leave shall not exceed 12 15 weeks unless mandated otherwise by the employee’s physician. 16 17

The School District shall not deny to the employee who is disabled as a result of pregnancy any 18 compensation to which the employee is entitled as a result of the accumulation of disability or 19 leave benefits accrued pursuant to plans maintained by the employer, provided that the employer 20 may require disability as a result of pregnancy to be verified by medical certification that the 21 employee is not able to perform employment duties. 22 23

An employee who has signified her intent to return at the end of her maternity leave of absence 24 shall be reinstated to her original job or an equivalent position with equivalent pay and 25 accumulated seniority, retirement, fringe benefits, and other service credits. 26 27

The School District will review requests for Paternity Leave in accordance with any applicable 28 policy or collective bargaining agreement provision governing use of leave for family purposes 29 30

Legal Reference: § 49-2-310, MCA Maternity leave – unlawful acts of employers 31 § 49-2-311, MCA Reinstatement to job following pregnancy-related 32 leave of absence 33 Admin. R. Mont. 24.9.1201 1207 Maternity Leave 34 35

Policy History: 36 Adopted on: 01/21/20 37 Reviewed on: 38 Revised on: 39

Holidays for certified staff are dictated in part by the school calendar. Temporary employees will 7 not receive holiday pay. Part-time employees will receive holiday pay on a prorated basis. 8 9

The holidays required for classified staff, by § 20-1-305, MCA, are: 10 11 1. Independence Day 12 2. Labor Day 13 3. Thanksgiving Day 14 4. Christmas Day 15 5. New Year’s Day 16 6. Memorial Day 17 7. State and national election days when the school building is used as a polling place and 18 conduct of school would interfere with the election process 19 20

When an employee, as defined above, is required to work any of these holidays, another day 21 shall be granted in lieu of such holiday, unless the employee elects to be paid for the holiday in 22 addition to the employee’s regular pay for all time worked on the holiday. 23 24

When one of the above holidays falls on Sunday, the following Monday will not be a holiday. 25 When one of the above holidays falls on Saturday, the preceding Friday will not be a holiday. 26 27

When a holiday occurs during a period in which vacation is being taken by an employee, the 28 holiday will not be charged against the employee’s annual leave. 29 30 31 32

Legal Reference: § 20-1-305, MCA School holidays 33 37 A.G. Op. 150 (1978) 34 35

Policy History: 36 Adopted on: 12/18/2013 37 Reviewed on: 38 Revised on: 39

Vacations

Classified and twelve-(12)-month administrative employees will accrue annual vacation leave 7 benefits in accordance with §§ 2-18-611, 2-18-612, 2-18-614 through 2-18-617 and 2-18-621, 8 MCA. Nothing in this policy guarantees approval for granting specific days as annual vacation 9 leave in any instance. The District will judge each request for vacation in accordance with 10 staffing needs. 11 12

Employees are not entitled to any vacation leave with pay until they have been continuously 13 employed for a period of six (6) calendar months. 14 15

Certified employees will accrue vacation leave, if any, in accordance with the collective 16 bargaining agreement or their individual contracts. 17 18 19

Legal Reference: § 2-18-611, MCA Annual vacation leave 20 § 2-18-612, MCA Rate earned 21 § 2-18-617, MCA Accumulation of leave – cash for unused – transfer 22 23

Policy History: 24 Adopted on: 25 Reviewed on: 26 Revised on: 12/18/2013 27

Helena Flats School District

All classified employees, except those in a temporary status, serving more than six (6) months, 7 are eligible to earn vacation leave credits retroactive to the date of employment. Leave credits 8 may not be advanced nor may leave be taken retroactively. A seasonal employee’s accrued 9 vacation leave credits may be carried over to the next season, if management has a continuing 10 need for the employee, or paid out as a lump-sum payment to the employee when the season 11 ends (generally in June). The employee may request a lump-sum payment at the end of each 12 season. 13 14

Vacation is earned according to the following schedule: 15 16

RATE-EARNED SCHEDULE 17 18 Years of Working Days 19 Employment Credit per Year 20 1 day - 10 years 15 21 10 - 15 years 18 22 15 - 20 years 21 23 20 years on 24 24 25

Time as an elected state, county, or city official, as a school teacher, or as an independent 26 contractor, does not count toward the rate earned. For purposes of this paragraph, an employee of 27 a district or the university system is eligible to have school district or university employment 28 time count toward the rate-earned schedule, if that employee was eligible for annual leave in the 29 position held with the school district or university system. 30 31

Maximum Accrual of Vacation Leave 32 33

All full-time and part-time employees serving in permanent and seasonal positions may 34 accumulate two (2) times the total number of annual leave credits they are eligible to earn per 35 year, according to the rate-earned schedule. 36 37

Sick Leave Bank 38 39

An employee may contribute accumulated vacation leave to the sick leave bank provided for in § 40 2-18-618, MCA. Donation of vacation leave credits to and use of vacation leave credits in the 41 sick leave bank are governed by terms of the current collective bargaining agreement. 42 43

Annual Pay-Out 44 45

The District may, in its sole discretion and/or subject to the terms of a collective bargaining 46

agreement, provide cash compensation in January of each year for unused vacation leave in lieu 4 of the accumulation of vacation leave. 5 6

Lump-Sum Payment Upon Termination

An employee who terminates employment for reasons not reflecting discredit on the employee 9 shall be entitled, upon the date of such termination, to cash compensation for unused vacation 10 leave, assuming that the employee has worked the qualifying periods set forth in § 2-18-611, 11 MCA. The District shall not pay accumulated leaves to employees who have not worked the 12 qualifying period. Vacation leave contributed to the sick leave bank is nonrefundable and is not 13 eligible for cash compensation upon termination. 14 15 16 17

Legal Reference: §§ 2-18-611 - § 2-18-618, MCA Leave Time 18 19

Procedure History: 20 Promulgated on: 12/18/2013 21 Reviewed on: 22 Revised on: 23

Compensatory Time and Overtime for Classified Employees

Non-exempt classified employees who work more than forty (40) hours in a given workweek may receive 7 overtime pay of one and one-half (1½) times the normal hourly rate, unless the District and the employee 8 agree to the provision of compensation time at a rate of one and one-half (1½) times all hours worked in 9 excess of forty (40) hours in any workweek. The Superintendent must approve any overtime work of a 10 classified employee. 11 12

Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not volunteer to 13 work without pay in an assignment similar to the employee’s regular work. 14 15

A non-exempt employee who works overtime without authorization may be subject to disciplinary action. 16 17 Blended Time 18 19

Classified Employees working two or more jobs for the District at different rates of pay shall be paid 20 overtime at a weighted average of the differing wages. This shall be determined by dividing the total 21 regular remuneration for all hours worked by the number of hours worked in that week to arrive at the 22 weighted average. One half that rate is then multiplied times the number of hours worked over 40 to 23 arrive at the overtime compensation due. 24 25

Example: Employee works one job at 30 hrs./week at 10.00/hr. The same employee works a different 26 job at 20 hrs./week at $12.00/hr. (Same district). The employee would get $300.00 per week for the 30 27 hr/week job ($10.00X30) and $240.00 per week for the 20 hr./week job ($12.00X20). A total of $540.00 28 (regular remuneration). Divide $540.00 by 50(total hours worked) = $10.8/hr (weighted average). One- 29 half that rate ($10.80/2 = $5.40) is multiplied by 10 (number of hours over 40). $54.00 is the amount of 30 overtime compensation due the employee based on the “blended time”. 31 32

NOTE: Please be advised that comp time is not required. If a district adopts a comp time policy, there 33 are basically two (2) types of employees: 1) Those who are covered before the policy was adopted need 34 to be treated on a case-by-case basis, and the agreement to allow comp time must be entered into before 35 the work is performed. 2) Those hired after the policy is in place – the Department of Labor has 36 determined that the employee agreed to the policy. Some experts have said comp time is a credit card, 37 not a savings account. The employee has broad latitude to decide when the time will be taken. 38 39

Legal Reference: 29 U S C § 201, et seq

Fair Labor Standards Act 40

Title 39, Chapter 3, Part 4

Minimum Wage and Overtime 41 Compensation 42

Admin. R. Mont. 24.16.2501 2581

Overtime Compensation 43 44

Policy History: 45

Adopted on: 11/10/09 46 Reviewed on: 12/18/2013 47 Revised on: 018/20/2015 48 49

Helena Flats School District

All employees of the District are covered by workers’ compensation benefits. In the event of an 7 industrial accident, an employee should: 8 9

1. Attend to first aid and/or medical treatment during an emergency; 10 11

2. Correct or report as needing correction a hazardous situation as soon as possible after an 12 emergency situation is stabilized; 13 14

3. Report the injury or disabling condition, whether actual or possible, to the immediate 15 supervisor, within forty-eight (48) hours, on the Employer’s First Report of Occupational 16 Injury or Disease; and 17 18

4. Call or visit the administrative office after medical treatment, if needed, to complete the 19 necessary report of accident and injury on an Occupational Injury or Disease form. 20 21 The administrator will notify the immediate supervisor of the report and will include the 22 immediate supervisor as necessary in completing the required report. 23 24

An employee who is injured in an industrial accident may be eligible for workers’ compensation 25 benefits. By law, employee use of sick leave must be coordinated with receipt of workers’ 26 compensation benefits, on a case-by-case basis, in consultation with the Workers’ Compensation 27 Division, Department of Labor and Industry. 28 29

The District will not automatically and simply defer to a report of industrial accident but will 30 investigate as it deems appropriate to determine: (1) whether continuing hazardous conditions 31 exist which need to be eliminated; and (2) whether in fact an accident attributable to the District 32 working environment occurred as reported. The District may require the employee to authorize 33 the employee’s physician to release pertinent medical information to the District or to a 34 physician of the District’s choice, should an actual claim be filed against the Workers’ 35 Compensation Division, which could result in additional fees being levied against the District. 36 37 38 39

Legal Reference: §§ 39-71-101, et seq., MCA Workers’ Compensation Act 40 41

Policy Histor y: 42 Adopted on: 12/18/2013 43 Reviewed on: 44 Revised on: 45

Paraprofessionals, as defined in the appropriate job descriptions, are under the supervision of a 7 principal and a teacher to whom the principal may have delegated responsibility for close 8 direction. The nature of the work accomplished by paraprofessionals will encompass a variety of 9 tasks that may be inclusive of “limited instructional duties.” 10 11

Paraprofessionals are employed by the District mainly to assist the teacher. A paraprofessional 12 is an extension of the teacher, who legally has the direct control and supervision of the classroom 13 or playground and responsibility for control and the welfare of the students. 14 15

It is the responsibility of each principal and teacher to provide adequate training for a 16 paraprofessional. This training should take into account the unique situations in which a 17 paraprofessional works and should be designed to cover the general contingencies that might be 18 expected to pertain to that situation. During the first thirty (30) days of employment, the 19 supervising teacher or administrator shall continue to assess the skills and ability of the 20 paraprofessional to assist in reading, writing, and mathematics instruction. 21 22

The Superintendent shall develop and implement procedures for an annual evaluation of 23 paraprofessionals. Evaluation results shall be a factor in future employment decisions. 24 25

If the school receives Title I funds, the District shall notify parents of students attending the 26 school annually that they may request the District to provide information regarding the 27 professional qualifications of their child’s paraprofessionals, if applicable. 28 29

Legal Reference: 20 U.S.C. § 6319 Qualifications for teachers and paraprofessionals 30 31 32

Policy History: 33 Adopted on: 11/10 34 Reviewed on: 12/18/2013 35 Revised on: 9/19/17 36

Adopted on: 9/19/17

Reviewed on:

on:

ANNUAL NOTIFICATION - OPTION TO REQUEST PROFESSIONAL QUALIFICATIONS 14 15 TO: ______________________________________ FROM 16 Parent’s Name School Name 17 DATE RE GRADE 18 Student’s Name 19 20 21 Dear Parent/Guardian, 22 23 Because our District receives federal funds for Title I programs as a part of the Every Student 24 Succeeds Act (ESSA), you may request information regarding the professional qualifications of 25 your child’s teacher(s) and paraprofessional(s), if applicable. 26 27 If you would like to request this information, please contact _____________________________ 28 by phone at ___________________________ or by e-mail at __________________________. 29 30 31 Sincerely, _________________________________ 32 Principal/designee 33 34

Helena Flats School District

The District recognizes the valuable contributions made to the total school program by members 7 of the community who act as volunteers. By law, a volunteer is an individual who: 8 9

1.Has not entered into an express or implied compensation agreement with the District; 10 11

2. Is excluded from the definition of “employee” under appropriate state and federal 12 statutes; 13 14

3.May be paid expenses, reasonable benefits, and/or nominal fees in some situations; and 15 16

4. Is not employed by the District in the same or similar capacity for which he/she is 17 volunteering. 18 19

District employees who work with volunteers shall clearly explain duties for supervising children 20 in school, on the playground, and on field trips. An appropriate degree of training and/or 21 supervision of each volunteer shall be administered commensurate with the responsibility 22 undertaken. 23 24

Volunteers who have unsupervised access to children are subject to the District’s policy 25 mandating background checks. 26 27

Chaperones 28 29

The Superintendent may direct that appropriate screening processes be implemented to assure 30 that adult chaperones are suitable and acceptable for accompanying students on field trips or 31 excursions. 32 33

When serving as a chaperone for the District, the parent(s)/guardian(s) or other adult volunteers, 34 including employees of the District, assigned to chaperone, shall not use tobacco products in the 35 presence of students, nor shall they consume any alcoholic beverages or use any illicit drug 36 during the duration of their assignment as a chaperone, including during the hours following the 37 end of the day’s activities for students. The chaperone shall not encourage or allow students to 38 participate in any activity that is in violation of District policy during the field trip or excursion, 39 including during the hours following the end of the day’s activities. Chaperones shall be given a 40 copy of these rules and sign a letter of understanding verifying they are aware of and agree to 41 these District rules before being allowed to accompany students on any field trip or excursion. 42 43

Any chaperone found to have violated these rules shall not be used again as a chaperone for any 44 District-sponsored field trips or excursions and may be excluded from using District-sponsored 45 transportation for the remainder of the field trip or excursion and be responsible for their own 46

transportation back home. Employees found to have violated these rules may be subject to 4 disciplinary action. 5 6 7 8

Cross Reference: 9 5122 Fingerprints and Criminal Background Investigations 5430VF/CF Volunteer/Chaperone Letter of Understanding 10 11 12 13

Policy History: 14

Adopted on: 11/10/09 15 Reviewed on: 12/18/2013 16 Revised on: 17

VOLUNTEERAGREEMENT FORM

I, hereby agree to serve Helena Flats School District on a volunteer basis as:

(describe volunteer service)

Please initial next to each statement:

● The volunteer understands that any volunteer service will not be compensated now or in the future

● The volunteer has been informed and understands that volunteer services rendered do not create an employee-employer relationship between the volunteer and Helena Flats School District for the position stated above

● The volunteer understands that the District may not carry worker’s compensation insurance and does not carry medical insurance for a person serving as a volunteer in the position stated above

● The volunteer understands that the mutually established schedule of services for the position stated above carries no obligation for either party and may be adjusted at any time

● The volunteer understands that services as a volunteer may be terminated at any time without cause.

● The volunteer understands that they are under the direction of the school district at all times during their service as a volunteer and must follow directives given by district employees

● The volunteer understands that they are to follow all laws, policies, and rules regarding student and employee confidentiality during their service as a volunteer.

● The volunteer understands that they are to follow district policy as well as local, state, federal and other applicable laws during their service as a volunteer

● The volunteer understands that they are not to use alcohol, tobacco or other drugs around students at any time whether on school property or not

● The volunteer understands that they are not to encourage students to violate district policy The volunteer further understands that if they observe a student violating district policy they are to report the behavior to the supervising district employee immediately.

● The volunteer understands that any violation of this agreement, district policy, or any local, state, federal or other applicable law can result in permanent termination of volunteer privileges and possible legal action

● The volunteer is 18 years of age or older

● The volunteer understands that this authorization only applies to this academic year (20 to 20 ).

● The volunteer understands that the position stated above involves regular unsupervised access to students in schools and shall submit to a name-based and fingerprint criminal background investigation conducted by the appropriate law enforcement agency prior to the consideration of this agreement.

CHAPERONE LETTER OF UNDERSTANDING

I ________________________________(print name), understand that as a chaperone for the Helena Flats School District I must adhere to the following rules:

1. I shall not use tobacco products in the presence of students;

2. I shall not consume any alcoholic beverages nor use any illicit drugs during the duration of my assignment as a chaperone, including during the hours following the end of the day’s activities for students;

3. I will not encourage or allow students to participate in any activity that is in violation of District policy during this field trip or excursion, including during the hours following the end of the day’s activities.

4. I understand that while serving as a chaperone that I am under the direction of the school district and will follow the directions given by district employees.

I understand that should I have been found to have violated these rules, I will not be used again as a chaperone for any District-sponsored field trips or excursions and may be excluded from using District-sponsored transportation for the remainder of the field trip or excursion and that I will be responsible for my own transportation back home.

I also understand that, if found to have violated these rules, I may be subject to disciplinary action.

I understand that this authorization applies only to this event and I will need to complete an additional letter for future events.

*This form must be signed and returned to the District three (3) school days prior to the event

District

Chaperone Signature Date

Administration Date

The District recognizes its obligation to assist in the development of members of the teaching 7 profession. The District shall make an effort to cooperate with accredited institutions of higher 8 learning in the education of student teachers and other professionals in training (such as interns) 9 by providing a reasonable number of classroom and other real-life situations each year. 10 11

The District and the respective training institutions shall enter into mutually satisfactory 12 agreements whereby the rules, regulations, and guidelines of the practical experiences shall be 13 established. 14 15

The Superintendent shall coordinate all requests from cooperating institutions for placement with 16 building principals so that excessive concentrations of student teachers and interns shall be 17 avoided. As a general rule: 18 19

1. A student teacher shall be assigned to a teacher or other professional who has agreed to 20 cooperate and who has no less than three (3) years of experience in the profession; 21 22

2. A supervising professional shall be assigned no more than one (1) student teacher/intern 23 per school year; 24 25

3. The supervising professional shall remain responsible for the class; 26 27

4. The student teacher shall assume the same conditions of employment as a regular teacher 28 with regard to meeting the health examination requirements, length of school day, 29 supervision of co-curricular activities, staff meetings, and in-service training; and 30 31

5. The student teacher shall be subject to the District policy regarding background checks, if 32 the student teacher has unsupervised access to children. 33 34 35 36

Cross Reference: 5122 Fingerprints and Criminal Background Investigations 37 38

Legal Reference: § 20-4-101(2) and (3), MCA System and definitions of teacher and 39 specialist certification – student teacher 40 exception 41 42

Policy History: 43

Adopted on: 10/10 44 Reviewed on: 12/18/2013 45 Revised on: 46

Helena Flats School District

Employee use of Electronic Mail, Internet, and District Equipment

Electronic mail (“e-mail”) is an electronic message that is transmitted between two (2) or more 7 computers or electronic terminals, whether or not the message is converted to hard-copy format 8 after receipt, and whether or not the message is viewed upon transmission or stored for later 9 retrieval. E-mail includes all electronic messages that are transmitted through a local, regional, or 10 global computer network. 11 12

Because of the unique nature of e-mail/Internet, and because the District desires to protect its 13 interest with regard to its electronic records, the following rules have been established to address 14 e-mail/Internet usage by all employees: 15 16

The District e-mail and Internet systems are intended to be used for educational purposes only, 17 and employees should have no expectation of privacy when using the e-mail or Internet systems 18 for any purpose. Employees have no expectation of privacy in district owned technology 19 equipment, including but not limited to district-owned desktops, laptops, memory storage 20 devices, and cell phones. 21 22

Users of District e-mail and Internet systems are responsible for their appropriate use. All illegal 23 and improper uses of the e-mail and Internet system, including but not limited to extreme 24 network etiquette violations including mail that degrades or demeans other individuals, 25 pornography, obscenity, harassment, solicitation, gambling, and violating copyright or 26 intellectual property rights, are prohibited. Abuse of the e-mail or Internet systems through 27 excessive personal use, or use in violation of the law or District policies, will result in 28 disciplinary action, up to and including termination of employment. 29 30

All e-mail/Internet records are considered District records and should be transmitted only to 31 individuals who have a need to receive them. If the sender of an e-mail or Internet message does 32 not intend for the e-mail or Internet message to be forwarded, the sender should clearly mark the 33 message “Do Not Forward.” 34 35

In order to keep District e-mail and Internet systems secure, users may not leave the terminal 36 “signed on” when unattended and may not leave their password available in an obvious place 37 near the terminal or share their password with anyone except the system administrator. The 38 District reserves the right to bypass individual passwords at any time and to monitor the use of 39 such systems by employees. 40 41

Additionally, District records and e-mail/Internet records are subject to disclosure to law 42 enforcement or government officials or to other third parties through subpoena or other process. 43 Consequently, the District retains the right to access stored records in cases where there is 44 45 46

reasonable cause to expect wrongdoing or misuse of the system and to review, store, and disclose 4 all information sent over the District e-mail systems for any legally permissible reason, including 5 but not limited to determining whether the information is a public record, whether it contains 6 information discoverable in litigation, and to access District information in the employee’s 7 absence. Employee e-mail/Internet messages may not necessarily reflect the views of the 8 District. 9 10

Except as provided herein, District employees are prohibited from accessing another employee’s 11 e-mail without the expressed consent of the employee. All District employees should be aware 12 that e-mail messages can be retrieved, even if they have been deleted, and that statements made 13 in e-mail communications can form the basis of various legal claims against the individual author 14 or the District. 15 16

E-mail sent or received by the District or the District’s employees may be considered a public 17 record subject to public disclosure or inspection. All District e-mail and Internet communications 18 may be monitored. 19 20 21 22

Policy History: 23 Adopted on: 12/18/2013 24 Reviewed on: 25 Revised on: 26 27

Payment of Wages Upon Termination

When a District employee separates from employment, wages owed will be paid on the next 7 regular pay day for the pay period in which the employee left employment or within fifteen (15) 8 days, whichever occurs first. 9 10

In the case of an employee discharged for allegations of theft connected to the employee’s work, 11 the District may withhold the value of the theft, provided: 12 13

• The employee agrees in writing to the withholding; or 14 15

• The District files a report of the theft with law enforcement within seven (7) business 16 days of separation. 17 18

If no charges are filed within thirty (30) days of the filing of a report with law enforcement, 19 wages are due within a thirty-(30)-day period. 20 21 22 23

Legal Reference: § 39-3-205, MCA Payment of wages when employee separated from 24 employment prior to payday – exceptions 25 26

Policy History: 27 Adopted on: 12/18/2013 28 Reviewed on: 29 Revised on: 05/15/18 30

Helena Flats School District

(1) Any school district offering a group “health care plan” for its employees is affected by 9 HIPAA. School districts offering health plans that are self-insured will be entirely responsible 10 for compliance with HIPAA, despite a third party administrator managing the plan. School 11 districts may also be subject to HIPAA as a “health care provider” by either having a school- 12 based health center or a school nurse. School-based health centers staffed and serviced by a 13 hospital or local health department are responsible for complying with HIPAA if there is a 14 sharing of records containing health information. For those districts providing the services of a 15 school nurse, HIPAA regulations issued in 2000 commented that an “educational institution that 16 employs a school nurse is subject to [the] regulations as a health care provider if the school 17 nurse or the school engaged in a HIPAA transaction.” This transaction occurs when a school 18 nurse submits a claim electronically. 19 20

(2) Any personally identifiable health information contained in an “education record” under 21 FERPA is subject to FERPA, not HIPAA. 22 23

Background 24 25

Health Insurance Portability and Accountability Act of 1996 (HIPAA) 26 27

The District’s group health plan is a Covered Entity under the Health Insurance Portability and 28 Accountability Act of 1996 (HIPAA) and its implementing regulations, the Standards for the 29 Privacy of Individually Identifiable Information. In order to comply with HIPAA and its related 30 regulations, the District has implemented the following HIPAA Privacy Policy: 31 32

The HIPAA Privacy Rule 33 34

HIPAA required the federal government to adopt national standards for electronic health care 35 transactions. At the same time, Congress recognized that advances in electronic technology 36 could erode the privacy of health information and determined there was a need for national 37 privacy standards. As a result HIPAA included provisions which mandated the adoption of 38 federal privacy standards for individually identifiable health information. 39 40

The standards found in the Privacy Rule are designed to protect and guard against the misuse of 41 individually identifiable health information, with particular concern regarding employers using 42 an employee’s (or dependent’s) health information from the group health plan to make adverse 43 employment-related decisions. The Privacy Rule states that verbal, written, or electronic 44 information that can be used to connect a person’s name or identity with medical, treatment, or 45 health history information is Protected Health Information (PHI) under the HIPAA Privacy Rule. 46

Under the HIPAA Privacy Rule: 4 5

1. Individuals have a right to access and copy their health record to the extent allowed by 6 HIPAA. 7 8

2. Individuals have the right to request an amendment to their health record. The plan may 9 deny an individual’s request under certain circumstances specified in the HIPAA Privacy 10 Rule. 11 12

3. Individuals have the right to an accounting of disclosures of their health record for 13 reasons other than treatment, payment, or healthcare operations. 14 15

4. PHI, including health, medical, and claims records, can be used and disclosed without 16 authorization for specific, limited purposes (treatment, payment, or operations of the 17 group health plan). A valid authorization from the individual must be provided for use or 18 disclosure for other than those purposes. 19 20

5. Safeguards are required to protect the privacy of health information. 21 22

6. Covered entities are required to issue a notice of privacy practices to their enrollees. 23 24

7. Violators are held accountable with civil and criminal penalties for improper use or 25 disclosure of PHI. 26 27 Compliance 28 29

The District Clerk has been designated Privacy Officer. The Privacy Officer will oversee all 30 ongoing activities related to the development, implementation, maintenance of, and adherence to 31 the District’s policies and procedures covering the privacy of and access to patient health 32 information in compliance with HIPAA, other applicable federal and state laws, and the 33 District’s privacy practices. 34 35

As required for a Covered Entity under HIPAA, the plan has developed these internal privacy 36 policies and procedures to assure that PHI is protected and that access to and use and disclosure 37 of PHI are restricted in a manner consistent with HIPAA’s privacy protections. The policies and 38 procedures recognize routine and recurring disclosures for treatment, payment, and healthcare 39 operations and include physical, electronic, and procedural safeguards to protect PHI. The 40 procedures include safeguards for sending PHI via mail or fax, receiving PHI for plan purposes, 41 and workstation safeguards and procedures for securing and retaining PHI received by the plan. 42 Plan participants are entitled to receive a copy of the plan’s policies and procedures upon 43 request. 44 45

Designating a limited number of privacy contacts allows the District to control who is receiving 46

PHI from the contract claims payor for plan operations purposes. The contract claims payor will 4 provide only the minimum PHI necessary for the stated purpose and, as required under the 5 Privacy Rule, will provide PHI only to individuals with a legitimate need to know for plan 6 operations purposes. 7 8

The District has distributed a notice of privacy practices to plan participants. The notice informs 9 plan participants of their rights and the District’s privacy practices related to the use and 10 disclosure of PHI. A copy of this notice may be obtained by contacting the Privacy Officer. 11 12

The District has reviewed how PHI is used and disclosed by the plan and has limited disclosure 13 of that information to employees who have a legitimate need to know or possess the PHI for 14 healthcare operations and functions. The District will make reasonable efforts to use de- 15 identified information whenever possible in the operations of the plan and will only use the 16 minimum PHI necessary for the stated purpose. 17 18

Some of the District’s employees need access to PHI in order to properly perform the functions 19 of their jobs. The District has identified these employees and has given them training in the 20 important aspects of the HIPAA Privacy Rule, the privacy policy, and procedures. New 21 employees who will have access to PHI will receive training on the HIPAA Privacy Rule and 22 related policies and procedures as soon as reasonably possible after they are employed. 23 Employees who improperly use or disclose PHI or misuse their access to that information may 24 be subject to discipline, as deemed appropriate. 25 26

In the event the group health plan must disclose PHI in the course of performing necessary plan 27 operations functions or as required by law or a governmental agency, the District has developed 28 a system to record those disclosures and requests for disclosures. An individual may request a 29 list of disclosures of his or her PHI made by the plan for other than treatment or claims payment 30 purposes. All requests for an accounting of PHI disclosures must be made in writing, and the 31 plan may impose fees for the cost of production of this information. Requests will be responded 32 to within sixty (60) days. If the plan is not able to provide the requested information within sixty 33 (60) days, a written notice of delay will be sent to the requesting individual, with the reasons for 34 the delay and an estimated time for response. 35 36

In order to comply with the new privacy regulations, the plan has implemented compliant 37 communication procedures. Except for its use in legitimate healthcare operations, written 38 permission will be required in order for the District to disclose PHI to or discuss it with a third 39 party. 40 41

The HIPAA Privacy Rule prohibits the District from disclosing medical information without the 42 patient’s written permission other than for treatment, payment, or healthcare operations purposes. 43 An authorization signed by the patient and designating specified individuals to whom the District 44 may disclose specified medical information must be on file, before the plan can discuss a 45 patient’s medical information with a third party (such as a spouse, parent, group health plan 46

3 representative, or other individual). 4 5

The District has taken the following steps to ensure PHI is safeguarded: 6 7

• The District has implemented policies and procedures to designate who has and who does 8 not have authorized access to PHI. 9 10

• Documents containing PHI are kept in a restricted/locked area. 11 12

• Computer files with PHI are password protected and have firewalls making unauthorized 13 access difficult. 14 15

• Copies of PHI will be destroyed when information is no longer needed, unless it is 16 required by law to be retained for a specified period of time. 17 18

• The District will act promptly to take reasonable measures to mitigate any harmful effects 19 known to the group health plan, due to a use or disclosure of PHI in violation of the 20 plan’s policies, procedures, or requirements of the HIPAA Privacy Rule. 21 22

• The District will appropriately discipline employees who violate the District’s group 23 health plan’s policies, procedures, or the HIPAA Privacy Rule, up to and including 24 termination of employment if warranted by the circumstances. 25 26

The District has received signed assurances from the plan’s business associates that they 27 understand the HIPAA Privacy Rule, applicable regulations, and the Privacy Policy and will 28 safeguard PHI just as the plan would. 29 30

The contract claims payor and certain other entities outside the group health plan require access 31 on occasion to PHI, if they are business associates of the group health plan and in that role need 32 to use, exchange, or disclose PHI from the group health plan. The plan requires these entities to 33 sign an agreement stating they understand HIPAA’s privacy requirements and will abide by 34 those rules just as the group health plan does, to protect the PHI to which they have access. For 35 example the plan engages a certified public accountant to audit the plan annually and to make 36 sure payments are made in compliance with the Plan Document. In order for the CPA to 37 complete an audit, the auditor reviews a sample of the claims for accuracy. 38 39

The District will ensure health information will not be used in making employment and 40 compensation decisions. The HIPAA Privacy Rule and other applicable laws expressly prohibit 41 an employer from making adverse employment decisions (demotions, terminations, etc.) based 42 on health information received from the group health plan. To the extent possible, the District 43 has separated the plan operations functions from the employment functions and has safeguards in 44 place to prevent PHI from the plan from going to or being used by an employee’s supervisor, 45 manager, or superior to make employment-related decisions. 46

If an employee believes their privacy rights have been violated, they may file a written complaint 6 with the Privacy Officer. No retaliation will occur against the employee for filing a complaint. 7 The contact information for the Privacy Officer is: 8 9

District Clerk 10

Helena Flats School District 11 1000 Helena Flats Road 12 Kalispell, MT 59901 13 14 15

Legal Reference: 45 C.F.R. Parts 160, 162, 164 16 17

Policy History: 18 Adopted on: 12/18/2013 19 Reviewed on: 20 Revised on: 21

Request for Protected Health Information

This form should be used when release of a patient’s protected health information is being made to the health care provider for an employee or student for a purpose other than treatment, payment or health care operations.

I, _______ _____, hereby authorize ___________________

Name of Employee, Student 18 or older, or Parent/Guardian Name of Physician/Practice to use and/or disclose my protected health information described below to Helena Flats School District.

My protected health information will be used or disclosed upon request for the following purposes (name and explain each purpose): _________________________

This authorization for use and/or disclosure applies to the following information (please mark those that apply):

 Any and all records in the possession of the above-named physician or physician’s practice, including mental health, HIV, and/or substance abuse records. (Please cross out any item you do not authorize to be released.)

 Records regarding treatment for the following condition or injury ____________________________ on or about_______________________.

 Records covering the period of time _____________________ to ________________.

 Other (Specify and include dates.)__________________ ___.

I understand that I have the right to revoke this authorization, in writing, at any time by sending such written notification to above-named physician/practice. I also understand that my revocation is not effective to the extent that the persons I have authorized to use and/or disclose my protected health information have acted in reliance upon this authorization.

I understand that I do not have to sign this authorization and that the above-named physician/practice may not condition treatment or payment on whether I sign this authorization.

I understand that information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my protected health information.

This authorization expires on the following date or event: ___ __.

I certify that I have received a copy of this authorization.

Signature of Patient or Personal Representative Date

Name of Patient or Personal Representative

Personal Representative's Authority

HELENA FLATS SCHOOL DISTRICT

6000 SERIES ADMINISTRATION

TABLE OF CONTENTS

6000 Goals R 6110-6110P Superintendent 6121 District Organization 6122 Delegation of Authority 6310 Internships 6420 Professional Growth and Development

The administrative staff’s primary functions are to manage the District and to facilitate the 7 implementation of a quality educational program. It is the goal of the Board that the 8 administrative organization: 9 10

1. Provide for efficient and responsible supervision, implementation, evaluation, and 11 improvement of the instructional program, consistent with the policies established by the 12 Board; 13 14

2. Provide effective and responsive communication with staff, students, parents, and other 15 citizens; and 16 17

3. Foster staff initiative and rapport. 18 19

The District’s administrative organization will be designed so that all divisions and departments 20 of the District are part of a single system guided by Board policies implemented through the 21 Superintendent. Principals and other administrators are expected to administer their facilities in 22 accordance with Board policy and the Superintendent’s rules and procedures. 23 24 25 26

Policy History: 27 Adopted on: 12/18/2013 28 Reviewed on: 29 Revised on: 30

Helena Flats School District

ADMINISTRATION

Superintendent

The Board will:

The Superintendent will: Select the Superintendent and delegate to him/her all necessary administrative powers.

Adopt policies for the operations of the school system and review administrative procedures.

Formulate a statement of goals reflecting the philosophy of the District.

Serve as chief executive officer of the District.

Recommend policies or policy changes to the Board and develop procedures which implement Board policy.

Provide leadership in the development, operation, supervision, and evaluation of the educational program.

Adopt annual objectives for improvement of the District.

Recommend annual objectives for improvement of the District.

Approve courses of study. Recommend courses of study.

Approve textbooks. Recommend textbooks.

Approve the annual budget. Prepare and submit the annual budget.

Employ certificated and classified staff, in its discretion, upon recommendation of the Superintendent.

Authorize the allocation of certificated and classified staff.

Recommend candidates for employment as certificated and classified staff.

Recommend staff needs based on student enrollment, direct and assign teachers and other employees of the schools under his/her supervision; shall organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, as best serves the District, subject to the approval of the Board.

Approve contracts for major construction, remodeling, or maintenance.

Recommend contracts for major construction, remodeling, or maintenance.

Approve payment of vouchers and payroll. Recommend payment of vouchers and payroll.

Approve proposed major changes of school plant and facilities.

Prepare reports regarding school plant and facilities needs.

The Board will:

The Superintendent will: Approve collective bargaining agreements. Supervise negotiation of collective bargaining agreements.

Assure that appropriate criteria and processes for evaluating staff are in place.

Appoint citizens and staff to serve on special Board committees, if necessary.

Conduct regular meetings.

Serve as final arbitrator for staff, citizens, and students.

Promptly refer to the Superintendent all criticisms, complaints, and suggestions called to its attention.

Authorize the ongoing professional enrichment of its administrative leader, as feasible.

Approve appropriate District expenditures recommended by the Superintendent for the purpose of ongoing District operations.

Establish criteria and processes for evaluating staff.

Recommend formation of ad hoc citizens’ committees.

As necessary, attend all Board meetings and all Board and citizen committee meetings, serve as an ex-officio member of all Board committees, and provide administrative recommendations on each item of business considered by each of these groups.

Inform the Board of appeals and implement any such forthcoming Board decisions.

Respond and take action on all criticism, complaints, and suggestions, as appropriate.

Undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations.

Diligently investigate and make purchases that benefit the most efficient and functional operation of the District.

NOTE: A copy of the Superintendent’s evaluation tool and job description may be included.

Legal Reference: ARM 10.55.701 Board of Trustees

Procedure History:

Promulgated on: 12/18/2013

Reviewed on: Revised on: 05/15/18

Duties and Authorities 7 8

The Superintendent is the District’s executive officer and is responsible for the administration and 9 management of District schools, in accordance with Board policies and directives and state and federal 10 law. The Superintendent is authorized to develop administrative procedures to implement Board policy 11 and to delegate duties and responsibilities; however, delegation of a power or duty does not relieve the 12 Superintendent of responsibility for that which was delegated. 13 14

Qualifications and Appointment

The Superintendent will have the experience and skills necessary to work effectively with the Board, 17 District employees, students, and the community. The Superintendent must be appropriately licensed and 18 endorsed in accordance with state statutes and Board of Public Education rules; or considered 19 appropriately assigned if the Superintendent is enrolled in an internship program as defined in ARM 20 10.55.602 and meets the requirements of ARM 10.55.607 and ARM 10.55.702. 21 22

Evaluation 23 24

At least annually the Board will evaluate the performance of the Superintendent, using standards and 25 objectives developed by the Superintendent and the Board, which are consistent with District mission and 26 goal statements. A specific time shall be designated for a formal evaluation session. The evaluation will 27 include a discussion of professional strengths, as well as performance areas needing improvement. 28 29

Compensation and Benefits 30 31

The Board and the Superintendent will enter into a contract which conforms to this policy and state law. 32 The contract will govern the employment relationship between the Board and the Superintendent. 33 34

Legal Reference: § 20-4-402, MCA Duties of district superintendent or county high school 35 principal 36

ARM 10.55.602 Definition of Internship 37 ARM 10.55.607 Internships 38 ARM 10.55.702 Licensure and Duties of District Administrator – 39 District Superintendent 40 41

Policy History: 42

Adopted on: 12/18/2013 43 Reviewed on: 44 Revised on: 04/15/2014 45

District Organization

The Superintendent shall develop an organizational chart indicating the channels of authority and 7 reporting relationships for school personnel. These channels should be followed, and no level 8 should be bypassed, except in unusual circumstances. 9 10

The organization of District positions of employment for purposes of supervision, services, 11 leadership, administration of Board policy, and all other operational tasks shall be on a “line and 12 staff” basis. District personnel occupying these positions of employment shall carry out their 13 duties and responsibilities on the basis of line and staff organization. 14 15 16 17

Policy History: 18

Adopted on: 12/18/2013 19 Reviewed on: 20 Revised on: 21

Delegation of Authority

Unless otherwise specified, the Superintendent has the authority to designate a staff member to 7 serve in an official capacity for the implementation of District policies or as his/her personal 8 representative. This authorization will include those responsibilities appropriate for the position 9 as designated or directed by the Superintendent.

Policy History: 14

Adopted on: 12/18/2013 15 Reviewed on: 16 Revised on: 17

Internships

The Board recognizes the need to provide training opportunities for prospective administrators. 7 Internships for those in the process of acquiring administrative credentials shall be considered 8 and approved on an individual basis. The Superintendent or designee and the District 9 administrator involved will review the internship proposal with the candidate and the university 10 representative, much in the same manner as student teachers are assigned. 11 12 13

Legal Reference: ARM 10.55.607 14 ARM 10.57.412-413 15 16 17

Policy History: 18

Adopted on: 12/18/2013 19 Reviewed on: 20 Revised on: 21

Professional Growth and Development

The Board recognizes that training and study for administrators contribute to skill development 7 necessary to better serve the District’s needs. 8 9

The Administrator is encouraged to be a member of and participate in professional associations 10 which have as their purposes the upgrading of school administration and the continued 11 improvement of education in general. 12 13 14 15

Legal Reference: § 20-1-304, MCA Pupil-instruction-related day 16 17

Policy History: 18 Adopted on: 12/18/2013 19 Reviewed on: 20 Revised on: 21

HELENA FLATS SCHOOL DISTRICT

7000 SERIES FINANCIAL MANAGEMENT

TABLE OF CONTENTS

7000 Goals 7008 Nonresident Student Attendance Agreement (Tuition/Transportation Costs) 7110 Budget and Program Planning 7121 Budget Adjustments 7210 Revenues 7220-7220P Title I Supplement/Supplant 7225 Crowdfunding 7260 Endowments, Gifts, and Investments 7310 Budget Implementation and Execution 7320 Purchasing 7325 Accounting System Design 7326 Documentation and Approval of Claims 7332 Advertising in Schools/Revenue Enhancement 7335 Personal Reimbursements 7336 Travel Allowances and Expenses 7410 Fund Accounting System 7425 Extra- and Co-Curricular Funds 7430 Financial Reporting and Audits 7510 Capitalization Policy for Fixed Assets 7515 GASB 54 7520 Independent Investment Accounts 7525 Lease – Purchase Agreement

Because educational programs are dependent on adequate funding and the proper management of 7 those funds, District goals can best be attained through efficient fiscal management. As trustee 8 of local, state, and federal funds allocated for use in public education, the Board shall fulfill its 9 responsibility to see that funds are used to achieve the intended purposes. 10 11

Because of resource limitations, fiscal concerns often overshadow the educational program. 12 Recognizing this, the District must take specific action to ensure that education remains primary. 13 This concept shall be incorporated into Board operations and into all aspects of District 14 management and operation. 15 16

The Board seeks to achieve the following goals in the District’s fiscal management: 17 18

1. Engage in advance planning, with staff and community involvement, to develop budgets 19 which will achieve the greatest educational returns in relation to dollars expended. 20 21

2. Establish levels of funding which shall provide superior education for District students. 22 23

3. Provide timely and appropriate information to staff who have fiscal responsibilities. 24 25

4. Establish efficient procedures in all areas of fiscal management. 26 27 28 29

Legal Reference: Title 20, Chapter 9, MCA Finance 30 31

Policy History: 32 Adopted on: 12/18/2013 33 Reviewed on: 34 Revised on: 35

Helena Flats School District

Nonresident Student Attendance Agreement (Tuition/Transportation Costs) 5 6

Whenever a nonresident student is to be enrolled in the District, either by choice or by 7 placement, an attendance agreement must be filed with the Board. Terms of the agreement must 8 include tuition rate, the party responsible for paying tuition and the schedule of payment, 9 transportation charges, if any, and the party responsible for paying transportation costs. 10 11

Tuition rates shall be determined annually, consistent with Montana law and approved by the 12 Board. 13 14 15 16

Cross Reference: 3141 Discretionary Nonresident Student Attendance Policy 17 18

Legal Reference: § 20-5-314, MCA Reciprocal attendance agreement with adjoining 19 state or province 20

§ 20-5-320, MCA Attendance with discretionary approval 21 § 20-5-321, MCA Attendance with mandatory approval – tuition and 22 transportation 23

§ 20-5-322, MCA Residency determination – notification – appeal for 24 attendance agreement 25

§ 20-5-323, MCA Tuition and transportation rates 26 10.10.301, ARM Calculating Tuition Rates 27 28

Policy History: 29 Adopted on: 12/18/2013 30 Reviewed on: 31 Revised on: 32

The annual budget is evidence of the Board’s commitment to the objectives of the instruction 7 programs. The budget supports immediate and long-range goals and established priorities within 8 all areas – instructional, non-instructional, and administrative programs. 9 10

Before presentation of a proposed budget for adoption, the Superintendent and business manager 11 will prepare, for the Board’s consideration, recommendations designed to meet the needs of 12 students, within the limits of anticipated revenues. 13 14

Program planning and budget development may provide for staff participation and the sharing of 15 information with patrons before any action by the Board. 16 17 18 19

Policy History: 20 Adopted on: 03/09/10 21 Reviewed on: 22 Revised on: 12/18/2013 23

When any budgeted fund line item is in excess of the amount required, the Board may transfer any of 7 the excess appropriation to another line item(s) within the same fund. 8 9

The Board authorizes the administration to transfer line items within the same budgeted fund to 10 adjust line item overdrafts or to meet special line item needs. Line item budget transfers to adjust line 11 item overdrafts are at the discretion of the administrators. 12 13

Total budget expenditures for each fund as adopted in the final budget shall constitute the 14 appropriations of the District for the ensuing fiscal year. The Board will be limited in the incurring 15 of expenditures to the total of such appropriations. 16 17

With timely notice of a public meeting, trustees, by majority vote of those present, may declare by 18 resolution that a budget amendment (in addition to the final budget) is necessary. Budget 19 amendments are authorized for specified reasons by § 20-9-161, MCA. The resolution must state the 20 facts constituting the need for the budget amendment, the funds affected by the budget amendment, 21 the anticipated source of financing, the estimated amount of money required to finance the budget 22 amendment, and the time and place the trustees will meet for the purpose of considering and adopting 23 the budget amendment for the current school fiscal year. 24 25

The meeting to adopt a budget amendment will be open and will provide opportunity for any 26 taxpayer to appear and be heard. Budget procedures will be consistent with statutory requirements. 27 When applicable, the District will apply for state financial aid to supplement the amount to be 28 collected from local taxes. 29 30

Legal Reference: § 20-9-133, MCA Adoption and expenditure limitations of final budget 31 § 20-9-161, MCA Definition of budget amendment for budgeting 32 purposes 33

§ 20-9-162, MCA Authorization for budget amendment adoption 34 § 20-9-163, MCA Resolution for budget amendment – petition to 35 superintendent of public instruction 36

§ 20-9-164, MCA Notice of budget amendment resolution 37

§ 20-9-165, MCA Budget amendment limitation, preparation, and 38 adoption procedures 39

§ 20-9-166, MCA State financial aid for budget amendments 40 § 20-9-208, MCA Transfers among appropriation items of fund – 41 transfers from fund to fund 42 43

Policy History: 44

Adopted on: 03/09/10 45 Reviewed on: 12/18/2013 46 Revised on: 47

The District will seek and utilize all available sources of revenue for financing its educational 7 programs, including revenues from non-tax, local, state, and federal sources. The District will 8 properly credit all revenues received to appropriate funds and accounts as specified by federal 9 and state statutes and accounting and reporting regulations for Montana school districts. 10 11

The District will collect and deposit all direct receipts of revenues as necessary but at least once 12 monthly. The District will make an effort to collect all revenues due from all sources, including 13 but not limited to rental fees, bus fees, fines, tuition fees, other fees and charges. Uncollectible 14 checks may be turned over to the county attorney for collection. 15 16 17 18

Legal Reference: Title 20, Chapter 9, MCA Finance 19 Title 10, Chapter 10, ARM Special Accounting Practices 20 21

Policy History: 22 Adopted on: 12/18/2013 23 Reviewed on: 24 Revised on: 25

Use of Federal Title I Funds

The School District will ensure that federal Title I funds, are used only to supplement, and not 7 supplant, state and local funds that would, in the absence of federal funds, be spent on Title I 8 programs or services supported by federal funds 9 10

Title I funds will not take the place of funds supporting education services that are to be provided 11 to all students. The School District uses Title I funds only to supplement funds that would, in the 12 absence of Title I funds, be made available from state and local non-Federal sources for the 13 education of children participating in Title I programs. 14 15 16

Cross Reference: 2160 – Title I Family Engagement 17 18

Legal Reference: Elementary and Secondary Education Act, Section 1118(b)(1) 19 20

Policy History: 21 Adopted on: 5/18/21 22 Reviewed on: 23 Revised on: 24

Use of Federal Title I Funds Methodology

In accordance with the Every Student Succeeds Act (ESSA), the School District has adopted this 7 procedure to ensure that Title I-A federal funds are supplementing District resources and not 8 supplanting District resources. The procedure documents that the School District’s neutrally 9 determined distribution of state and local funds to each school within the boundaries of the 10 School District is in compliance with federal law. 11 12

The School District is a district with a single school and is exempt from the methodology 13 requirement. 14 15

Cross Reference: 7220 – Use of Federal Title I Funds 16 17

Legal Reference: Elementary and Secondary Education Act, Section 1118(b)(1) 18 19

Policy History: 20 Adopted on: 5/18/21 21 Reviewed on: 22 Revised on: 23 24