Joliet Public Schools Policy Manual

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Joliet School District

POLICY MANUAL

Home of the J-Hawks

Please note that we make an effort to keep the information in this document as accurate and up-to-date as possible. We do not guarantee that at any point in time, all information provided by the district is complete, accurate, and timely. New content is posted as soon as possible. If you have any questions regarding the accuracy of a document, please email kgoss@mtsba.org

Copyright 202

2 by the Montana School Boards Association. All rights reserved.

OP 5338

JOLIET SCHOOL DISTRICT

MASTER INDEX

R = REQUIRED REC = RECOMMENDED OP = OPTIONAL

Absence Due to Illness or Injury

REC 1425 Abstentions From Voting

REC 5232 Abused and Neglected Child Reporting

R 3612P Acceptable Use of Electronic Networks Students

R 5450F 5450P Acceptable Use of Electronic Networks Employees

REC 3431F Accident Report

R 4316

R 5002

Accommodating Individuals With Disabilities [Community Relations]

Accommodating Individuals With Disabilities [Personnel]

OP 7325 Accounting System Design

REC 3416

Administering Medicines to Students

REC 7332 Advertising in Schools/Revenue Enhancement

R 1610 Annual Goals and Objectives

REC 1120 Annual Organization Meeting

REC 5121 Applicability of Personnel Policies

REC 5122F Applicant Rights and Consent to Fingerprint

REC 5210 Assignments, Reassignments, Transfers

REC 3122 Attendance Policy

R 3123 Attemdamce Policy Truancy

R 1441 Audience Participation

OP 1332 Authorization of Signatures

REC 8450 Automatic External Defibrillators (AED)

REC 5000 Board Goal/Personnel

R 1400 Board Meetings

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 8110 Bus Routes and Schedules

REC 7510 Capitalization Policy for Fixed Assets

REC 3630 Cell Phones and Other Electronic Equipment

REC 5140 Classified Employment and Assignment

REC 1230 Clerk

REC 1511

Code of Ethics for School Board Members

REC 1130 Committees/Meetings

REC 3417 Communicable Diseases

R 2250 Community and Adult Education

R 4330 Community Use of School Facilities

R 5336 Compensatory Time and Overtime for Classified Employees

R 3120 Compulsory Attendance

REC 8440 Computer Software

© MTSBA 2011

REC 5321P

Conditions for Use of Leave

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 3300P Corrective Actions and Punishment

REC 2167 Correspondence Courses

REC 7400 Credit Card Use

R 2413 Credit Transfer and Assessment for Placement

R 2120 Curriculum Development and Assessment

OP 6122 Delegation of Authority

REC 5255 Disciplinary Action

REC 3310P Discipline of Students With Disabilities

REC 3141 Discretionary Nonresident Student Attendance Policy

REC 7251 Disposal of School District Property Without a Vote

R 2168 Distance, Online, and Technology Delivered Learning

OP 3222 Distribution and Posting of Materials

OP 6121 District Organization

REC 8121 District Owned Vehicles

R 1310 District Policy

R 3612 3612F 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

REC 8123 Driver Training and Responsibility

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

REC 5226

Drug Free Workplace

R 6140 Duties and Qualifications of Administrative Staff Other Than Superintendent

R 1240 Duties of Individual Trustees

R 3125 Education of Homeless Children

REC 1111 Election

OP 5460 Electronic Resources and Social Networking

REC 7535 Electronic Signatures

REC 3431 Emergency Treatment

REC 5450 5450F 5450P Employee Use of Electronic Mail, Networks, and District Equipment

OP 5630 Employee Use of Cellular Phones and Other Electronic Devices

OP 6141 Employment Restrictions for Administrative Personnel

REC 7260 Endowments, Gifts, and Investments

REC 3121 3121P Enrollment and Attendance Records

REC 3110

R 3210

R 5010

Entrance, Placement, and Transfer

Equal Education, Nondiscrimination and Sex Equity

Equal Employment Opportunity and Non Discrimination

R 6410 Evaluation of Administrative Staff

R 5222 Evaluation of Non Administrative Staff

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

© MTSBA 2011

REC 7425

Extra and Co Curricular Funds

REC 4330F Facilities Use Agreement

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

R 3311 Firearms and Weapons

OP 1009FE Flexible Instructor Licensing

R 8200 Food Services

REC 3145 Foreign Exchange Students

R 7515 GASB 54

R 2166 Gifted Program

REC 6000 Goals [Administration]

REC 4000 Goals [Community Relations]

OP 7000 Goals [Financial Management]

R 2000 Goals [Instruction]

REC 8000 Goals [Noninstructional Operations]

R 2105 Grade Organization

OP 2420 Grading and Progress Reports

REC 2140 Guidance and Counseling

REC 3225F Harassment Reporting Form for Students

REC 2335 Health Enhancement

REC 2410 2410P High School Graduation Requirements

R 5510 HIPAA

OP 5510F HIPAA Form

REC 5120 Hiring Process and Criteria

REC 5333 Holidays

OP 7550 Indirect Cost Reimbursement

OP 1621 In Service Conference for Trustees

R 2311 Instructional Materials

REC 5331 Insurance Benefits for Employees

OP 1014FE Intent to Increase Non Voted Levy

OP 6310 Internships

REC 2151 Interscholastic Activities

REC 4411 Interrogations and Investigations Conducted by School Officials

REC 8421 Lead Renovation

R 2314

Learning Materials Review

REC 7525 Lease Purchase Agreement

REC 5321 Leaves of Absence

R 1000 Legal Status and Operation

OP 2123 Lesson Plan

R 2309 Library Materials

REC 3415 3415P Management of Sports Related Concussions

R 1513 Management Rights

R 1105 Membership

REC 3124 Military Compact Waiver

REC 5322 Military Leave

REC 3416F Montana Authorization to Carry and Self Administer Medication

OP 3416F1

OP 1014FE F1

Montana Authorization to Possess or Self Administer Asthma, Severe Allergy, or Anaphylaxis Medication

Notice of Intent to Impose and Increase in Non Voted Levies

© MTSBA 2011

R 1420F

R 4600

REC 8410

Notice Regarding Public Comment

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

Operation and Maintenance of District Facilities

R 1100 Organization

OP 6121C Organizational Chart

R 2333 Participation in Commencement Exercises

REC 3150 Part Time Attendance

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

REC 5500 Payment of Wages Upon Termination

REC 7330 7330F Payroll Procedures/Schedules

REC 5223 Personal Conduct

REC 7335 Personal Reimbursements

REC 5231 5231P Personnel Records

REC 7329 Petty Cash Funds

REC 5224 Political Activity

R 6210 Principals

REC 7530 Procurement of Supplies or Services

REC 6420 Professional Growth and Development

OP 1005FE Proficiecy Based ANB

REC 2130 Program Evaluation and Diagnostic Tests

OP 2421 Promotion and Retention

REC 8320 Property Damage

REC 7500 Property Records

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

REC 2332 Religion and Religious Activities

REC 3440 3440P Removal of Student During School Day

REC 5232F Report of Suspected Child Abuse or Neglect

REC 1112 Resignation [Board]

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 8125 School Bus Emergencies

REC 2221 School Closure

REC 4210 School Support Organizations

R 2510 School Wellness

© MTSBA 2011

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

R 8425 8425P Service Animals

OP 8425F Service Animals in District Facilities Form

R 3225 Sexual Harassment/Intimidation of Students

R 5012

Sexual Harassment/Sexual Intimidation in the Workplace

R 2161 2161P Special Education

REC 4315

REC 5130

Spectator Conduct and Sportsmanship for Athletic and Co Curricular Events

Staff Health

R 3415F Student Athlete & Parent/Legal Custodian Concussion Statement

R 2132 Student and Family Privacy Rights

REC 8124 Student Conduct on Buses

REC 3600F2 Student Directory Information Notification

R 3310 Student Discipline

REC 3224 Student Dress

R 3520 Student Fees, Fines, and Charges

REC 3410 Student Health/Physical Screenings/Examinations

REC 3413 3413F1 3413F2 Student Immunization

OP 3221 Student Publications

REC 3600 3600P 3600F1 Student Records

REC 3200 Student Rights and Responsibilities

REC 5440 Student Teachers/Interns

REC 3233 Student Use of Buildings: Equal Access

REC 3130 Students of Legal Age

REC 5314 Substitutes

R 6110 - 6110P Superintendent

R 3300 Suspension and Expulsion

REC 1110 Taking Office

REC 7625 Tax Credits

REC 5420 Teachers’ Aides/Paraeducators

R 2160 2160P Title I Parent Involvement

REC 8225 Tobacco Free Policy

OP 2163 Traffic Education

REC 3606

Transfer of Student Records

OP 1006FE Transfers for School Safety

REC 8100 Transportation

REC 8111 Transportation of Students With Disabilities

REC 7336 Travel Allowances and Expenses

REC 1531 Trustee Expenses

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

OP 3235 Video Surveillance

REC 4301 Visitors to Schools

© MTSBA 2011

REC 5430 Volunteers

REC 4350 Website Acceessibility and Nondiscrimination

REC 5221 Work Day

REC 5337 Workers’ Compensation Benefits

© MTSBA 2011

JOLIETSCHOOLDISTRICT

R=required 1000SERIES THEBOARDOFTRUSTEES

TABLEOFCONTENTS

R 1000 LegalStatusandOperation

1005FE Proficiency-BasedANB 1006FE TransfersforSchoolSafety 1009FE FlexibleInstructorLicensing

1014FE IntenttoIncreaseNon-VotedLevy 1014FE-F1

NoticeofIntenttoImposeandIncreaseinNon-VotedLevies 1015FE PersonalizedLearningOpportunities

R 1100 Organization

R 1105 Membership 1110 TakingOffice 1111 Election 1112 Resignation 1113-1113P Vacancies

1116FE IndependentInvestmentAccounts 1120 AnnualOrganizationMeeting 1130 Committees/Meetings 1210 Qualifications,Terms,andDutiesofBoardOfficers 1230 Clerk

R 1240 DutiesofIndividualTrustees

R 1310 DistrictPolicy 1332 AuthorizationofSignatures

R 1400 BoardMeetings 1401 RecordsAvailabletoPublic 1402 SchoolBoardUseofElectronicMail

R 1420 SchoolBoardMeetingProcedure

R 1420F NoticeRegardingPublic Comment 1425 AbstentionsFromVoting

R 1441 AudienceParticipation

1511 CodeofEthicsforSchoolBoardMembers 1512

ConflictofInterest

R 1513 ManagementRights 1520 Board/StaffCommunications

R 1521 Board-SuperintendentRelationship 1531 TrusteeExpenses

R 1610 AnnualGoalsandObjectives 1621 In-ServiceConferenceforTrustees

R 1700 UniformComplaintProcedure

©MTSBA2011

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Joliet Public Schools

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THE BOARD OF TRUSTEES 10003

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Legal Status and Operation

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The Board of Trustees of Joliet School District No. 7 is the governmental entity established by7 the state of Montana to plan and direct all aspects of the District’s operations, to the end that8 students shall have ample opportunity to achieve their individual and collective learning9 potentials.

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12 The operating policies of the Board are those that it adopts from time to time to facilitate the13 performance of its responsibilities.

Policies of the Board define its organization and the manner of conducting its official business.

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All handbooks approved by the Board are operating policies of the District.

Legal Reference: § 20-3-323, MCA District policy and record of acts20 § 20-3-324, MCA Powers and duties21

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Policy History:23 Adopted on: 06/20/1324 Reviewed on:25 Revised on:26

© MTSBA 2012
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PublicSchools

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Adoptedon:11/14/17

Reviewedon:

Revisedon:11/11/2019

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Proficiency-BasedANB

ItisthepolicyoftheDistricttoincreasetheflexibilityandefficiencyoftheDistrict’sresources10 byutilizingtheprovisionoflawallowingproficiency-basedANB.11

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Theschooldistricthasadefinitionofproficiencywithinthemeaningofthattermasusedin20-13 9-311(4)(d).Thedefinitionmustnotrequireseattimeasaconditionorotherelementof14 determiningproficiency.Thedefinitionmustbeincorporatedinthedistrict'spoliciesandmust15 beusedforpurposesofdeterminingcontentandcoursemasteryandotherprogress,promotion16 fromgradetograde,grades,andgraduationforpupilsenrolledinthedistrict'stransformational17 learningprogram.

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DefinitionofProficiency

Forpurposesofthispolicy,theterm“proficiency”meansadegreeofmasteryoftheunderlying21 contentforacoursethatisreflectiveofafinalgrade,intheprofessionalopinionoftheteacherof22 record,ofnotlessthana“B”. Thedeterminationofproficiencybyateachermustnotrequire23 seattimeasaconditionorotherelementofdeterminingproficiency.

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Thedeterminationofproficiencyforapupilenrolledinacourseshallbemadenoearlierthan26 thedeadlineforsubmittingthefinalgradeforthecourse. Thedeterminationofproficiencyfora27 pupilnotenrolledinacourseshallbebasedonthepupil’smasteryoftheunderlyingcontentof28 thecourse,demonstratedthroughcompletionofafinalexamdesignedbytheteacherofrecord29 fortheapplicablecoursewithaminimumgradeofa“B”.30 31

Teachersofrecordhavefullprofessionaldiscretionindeterminingproficiencyofpupilsin32 coursestaught. Teachersofrecordareencouragedtointegratetrialanderrorintothelearning33 processandtoincorporatecontinuedopportunityforpracticeandrevisionofassignmentsuntila34 pupilreachesaperformancelevelthatdemonstratestotheteacher’ssatisfactionthatmasteryof35 learningexpectationshasbeenattained.

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[OPTION] TheDistrictmayincludeinitscalculationofANBapupilwhoisenrolledina38 programprovidingfewerthantherequiredaggregatehoursofpupilinstructionrequiredunder39 Montanalawifthepupil hasdemonstratedproficiencyinthecontentordinarilycoveredbythe40 instructionasdeterminedbytheschoolboardusingdistrictassessments.TheANBofapupil41 whodemonstratesproficiencyinanycontent/subjectmatterwillbeconvertedtoanhourly42 equivalentbasedonthehoursofinstructionordinarilyprovidedforthecontentoverwhichthe43 studenthasdemonstratedproficiency.44 45

[OPTION] TheDistrictmay,onacase-by-casebasis,providefractionalcreditforpartial46 completionofacourseforastudentwhoisunabletoattendclassfortherequiredamountof47

Joliet
4 1005FE FLEXIBILITYANDEFFICIENCY
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time.1

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[OPTION] TheDistrictmaywaivespecificcourserequirementsbasedonindividualstudent5 needsandperformancelevels.Waiverrequestsshallalsobeconsideredwithrespecttoage,6 maturity,interest,andaspirationsofthestudentsandshallbeinconsultationwiththeparentsor7 guardians.

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[OPTION]AtthediscretionoftheDistrict,astudentmaybegivencreditforacourse10 satisfactorilycompletedinaperiodoftimeshorterorlongerthannormallyrequiredand,11 providedthatthecoursemeetstheDistrict'scurriculumandassessmentrequirements,whichare12 alignedwiththecontent standardsstatedintheeducationprogram.Examplesofacceptable13 courseworkinclude,butarenotnecessarilylimitedto,thosedeliveredthroughcorrespondence,14 extension,anddistancelearningcourses,adulteducation,summerschool, workstudy,specially15 designedcourses,andchallengestocurrentcourses.

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LegalReference: 20-1-301,MCA Schoolfiscalyear20 20-9-311(4)(a)(b)(d),MCA Calculationofaveragenumberbelonging21 (ANB)–3-yearaveraging22

20-3-324,MCA Powersandduties23

10.55.906ARM HighSchoolCredit24 Chapter402(2019) TransformationalLearningIncentives25 26

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1005FE
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JolietPublicSchools

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Adoptedon:11/14/17

Reviewedon:

Revisedon:11/11/2019

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TransfersforSchoolSafety

ItisthepolicyoftheDistricttoincreasetheflexibilityandefficiencyoftheDistrict’sresources10 byutilizingtheprovisionoflawallowingtransfersoffundstoimproveschoolsafetyand11 security.

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TheDistrictmaytransferstateorlocalrevenuefromanybudgetedornon-budgetedfund,other14 thanthedebtservicefundorretirementfund,toitsbuildingreservefundinanamountnotto15 exceedtheschooldistrict'sestimatedcostsofimprovementstoschoolandstudentsafetyand16 security17 18

Thetransferofsuchfundscanbefor:19 20

1. planningforimprovementstoandmaintenanceofschoolandstudentsafety,21 includingbutnotlimitedtothecostofservicesprovidedbyarchitects,22 engineers,schoolresourceofficers,counselors,andotherstafforconsultants23 assistingwithimprovementstoschoolandstudentsafetyandsecurity;24

2. programstosupportschoolandstudentsafetyand security,includingbutnot25 limitedtoactiveshootertraining,threatassessmentsandrestorativejustice;26

3. installingorupdatinglockingmechanismsandingressandegresssystemsat27 publicschoolaccesspoints,includingbutnotlimitedtosystemsforexterior28 egressdoorsandinteriorpassagewaysandrooms,usingcontemporary29 technologies;30

4. installingorupdatingbullet-resistantwindowsandbarriers; and31

5. installingorupdatingemergencyresponsesystemsusingcontemporary32 technologies33 34

AnytransfersmadeunderthispolicyandMontanalawarenotconsideredexpenditurestobe35 appliedagainstbudgetauthority.Anyrevenuetransfersthatarenotencumberedforexpenditures36 incompliancewiththefourreasonsstatedabove,within2fullschoolfiscalyearsafterthefunds37 aretransferred,mustbetransferredbacktotheoriginatingfundfromwhichtherevenuewas38 transferred.39

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IftransfersoffundsaremadefromaDistrictfundsupportedbyanon-votedlevy,theDistrict41 maynotincreaseitsnon-votedlevyforthepurposeofrestoringthetransferredfunds.

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LegalReference: 20-9-503,MCA Budgeting,taxlevy,anduseofbuildingreserve44 fund.45

20-9-236,MCA Transferoffunds–improvementstoschool46 safetyandsecurity47

4 1006FE FLEXIBILITYANDEFFICIENCY
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JolietPublicSchools

Adoptedon:11/14/17

Reviewedon:

Revisedon:11/11/2019

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RecruitmentandRetention

ItisthepolicyoftheDistricttoutilizeallresourcesavailabletomeettheDistrict’sobjectiveof11 recruitingandretaininghighqualitystafffocusedontheindividualsuccess ofeachstudent. To12 meetthisobjectivetheDistrictwillutilizetheflexibleinstructorlicensureopportunitiesavailable13 totheDistrict.

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FlexibleInstructorLicensing

ItisthepolicyoftheDistricttoincreasetheflexibilityandefficiencyoftheDistrict’sresources18 byutilizingtheprovisionoflawallowingflexibilityinlicensureofinstructorsandasameansof19 addressingrecruitmentandretentionofstaff. Flexibilitiesinthefollowingareasareavailablefor20 theDistrict’senhancementofitsprogramsandserviceswithafocusonindividualstudent21 success:22

Internships23

o Availabletoanyonewithacurrentlicenseandendorsementinonesubjectwho24 wantstomovetoanewlicensedrole/endorsedarea.25

o Requirementsmustbesatisfiedwithin3years26

o Mustincludeaplanbetweentheintern,theschooldistrictandanaccredited27 preparationprogram28

ProvisionallyCertified29

o Maybeissuedtoanotherwisequalifiedapplicantwhocanprovidesatisfactory30 evidenceof:31

Theintenttoqualifyinthefutureforaclass1orclass2certificateand32

Whohascompleteda4-yearcollegeprogramoritsequivalent,and33

Holdsabachelor’sdegreefromaunitoftheMontanauniversitysystemor34 itsequivalent.35

Substitutes36

o MusthaveaGEDorhighschooldiploma37

o Willhavecompleted3hoursoftrainingbythedistrict38

o Willhavesubmittedafingerprintbackgroundcheck39 (Allrequirementscanbewaivedbythedistrictifthesubstitutehasprior40 substituteteachingexperienceinanotherpublicschoolfromNovember2002to41 earlier)42

o Maynotsubstitutemorethan35consecutivedaysforthesameteacher,however43 thesamesubstitutecanbeusedforsuccessiveabsencesofdifferentstaffaslong44 aseachregularteacherforwhomthesubstituteiscoveringisbackby3545 consecutiveteachingdays46

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4 1009FE FLEXIBILITYANDEFFICIENCY
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o SchooldistrictmustcertifytoOPIandTRSthatthedistricthasbeenunabletofill5 thepositionduetonoqualifiedapplicationsornoacceptanceofofferbyanon-6 retiredteacher.

o Limitedtoemploymentinasecondorthirdclasselementarydistrictorasecond8 orthirdclasshighschooldistrict.9

o Retiredteachermusthave27yearsofexperienceinTRS10

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o Thereisa3-yearlifetimelimitontheretiredindividualgoingtoworkunderthis11 provision.

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Class3AdministrativeLicense

o Validforaperiodof5years15

o Appropriateadministrativeareasinclude: elementaryprincipal,secondary16 principal,K-12principal,K-12superintendent,andsupervisor.17

o MustbeeligibleforanappropriatelyendorsedClass1,2or5licensetoteachin18 theschool(s)inwhichtheapplicantwouldbeanadministratororwould19 supervise,andqualifyassetforthinARM10.57414through10.57.41820

o AnapplicantforaClass3administrativelicensewhocompletedaneducator21 preparationprogramwhichdoesnotmeetthedefinitioninARM10.57.102(2),22 whoiscurrentlylicensedinanotherstateatthesameleveloflicensure,maybe23 consideredforlicensurewithverificationoffive yearsofsuccessful24 administrativeexperienceasdefinedinARM10.57.102asdocumentedbya25 recommendationfromastateaccreditedP-12schoolemployeronaform26 prescribedbytheSuperintendentofPublicInstructionandapprovedbytheBoard27 ofPublicEducation. TherequirementsofARM 10.57.414(1)(c)(i-iii)mustbe28 metbyanapplicantseekingasuperintendent endorsement.29 30

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Class4forCTE

o Validforaperiodof5years32

o Renewablepursuanttotherequirementsof10.57.215,ARMandtherequirements33 specifictoeachtypeofClass4license.34

o 4A–forlicensedteacherswithoutaCTEendorsement35

o 4B–forindividualswithatleastabachelor’sdegree36

o 4C–forindividualswithaminimumofahighschooldiplomaorGED37

Class5alternatives38

o Goodforamaximumof3years39

o Requirementsdependentuponthealternativethedistrictisseeking40

Emergencyauthorizationofemployment41

o Individualmusthavepreviouslyheldavalidteacherorspecialistcertificateor42 havemetrequirementsofrule10.57.107,ARM43

o Emergencyauthorizationisvalidforoneyear,butcanberenewedfromyearto44 yearprovidedconditionsofscarcitycontinuetopersist45

 RetiredEducators1 1009FE2 Page2of33 4
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LoanRepaymentProgram

TheDistrictwillassistanyqualityeducatorwhomeetsthequalificationsforthestate’sloan

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7 repaymentprogram. Loanrepaymentassistancemaybeprovidedonbehalfofaqualityeducator8 who:(1)isemployednewlyhiredinanidentifiedimpactedschooldescribedinacriticalquality9 educatorshortageareaasdefinedin20-4-502;and(2)hasaneducationalloanthatisnotin10 defaultandthathasaminimumunpaidcurrentbalanceofatleast$1,000atthetimeof11 application.

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Aqualityeducatoriseligibleforstate-fundedloanrepaymentassistancefornomorethan3years14 andanadditional1yearofloanrepaymentassistancevoluntarilyfundedbytheimpactedschool15 orthedistrictunderwhichtheimpactedschoolisoperated,withthemaximumannualloan16 repaymentassistancenottoexceed:17

 $3,000ofstate-fundedloanrepaymentassistanceafterthefirstcompleteyearofteaching18 inanimpactedschool;19

 $4,000ofstate-fundedloanrepaymentassistanceafterthesecondcompleteyearof20 teachinginthesameimpactedschooloranotherimpactedschoolwithinthesameschool21 district;22

 $5,000ofstate-fundedloanrepaymentassistanceafterthethirdcompleteyearof23 teachinginthesameimpactedschooloranotherimpactedschoolwithinthesameschool24 district;and25

 upto$5,000ofloanrepaymentassistancefundedbytheimpactedschoolorthedistrict26 underwhichtheimpactedschoolisoperatedafterthefourthcompleteyearofteachingin27 thesameimpactedschooloranotherimpactedschoolwithinthesameschooldistrict.28 29 30

10.55.716,ARM SubstituteTeachers31

LegalReferences:

10.55.607,ARM Internships32

10.57.107,ARM EmergencyAuthorizationofEmployment33

10.57.215,ARM RenewalRequirements34 10.57.420,ARM Class4CareerandTechnicalEducationLicense35

10.57.424,ARM Class5ProvisionalLicense36 19-20-732,MCA Reemploymentofcertainretiredteachers,37 specialistsandadministrators–procedure–38 definitions39

20-4-501-20-4-505 LoanRepaymentAssistanceforQualityEducator40

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1014FE

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JolietPublicSchools

Adoptedon:11/14/17

Reviewedon:

FLEXIBILITYANDEFFICIENCY Revisedon:11/11/2019

IntenttoIncreaseNon-VotedLevy

ThetrusteesshalladoptaresolutionnolaterthanMarch31wheneverthetrusteesintendto10 imposeanincreaseinanon-votedlevyintheensuingschoolfiscalyearfor thepurposesof11 fundinganyofthefundslistedbelow:12

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a) Tuitionfundunder20-5-324;14

b) Adulteducationfundunder20-7/705;15

c) Buildingreservefundunder20-9-502and20-9-503;16

d) Transportationfundunder20-10-143and20-10-144;17

e) Busdepreciationreservefundunder20-10-147;and18

f) Flexibilityfundforpurposesoftransformationallearning.19

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Thetrusteesshallprovidenoticeofintenttoimposeanincreaseinanon-votedlevyforthe21 ensuingschoolfiscalyearby:22 23

a) Adoptingaresolutionofintenttoimposeanincreaseinanon-votedlevythatincludes,at24 aminimum,theestimatednumberofincreasedordecreasedmillstobeimposedandthe25 estimatedincreasedordecreasedrevenuetoberaisedcomparedtonon-votedlevies26 undera-eimposedinthecurrentschoolfiscalyearand,basedonthedistrict’staxable27 valuationmostrecentlycertifiedbythedepartmentofrevenueunder15-10-202,the28 estimatedimpactsoftheincreaseordecreaseonahomevaluedat$100,000andahome29 valuedat$200,000,and30

b) Publishacopyoftheresolutioninanewspaperthatwillgivenoticetothelargestnumber31 ofpeopleofthedistrictasdeterminedbythetrusteesandpostingacopyoftheresolution32 totheschooldistrict’swebsite.33 34

TheresolutionandpublicationofsamemusttakeplacenolaterthanMarch31.35 36

TheSuperintendentshallkeepthetrusteesinformedofanychangesthatmayhaveoccurred,37 whichmayhaveaneffectontheestimatedchangeinthemillsandrevenue,betweenthe38 adoptionoftheresolutionandthefinaladoptionofthebudget.39 40

LegalReference: 20-9-116,MCA Resolutionofintenttoincreasenonvotedlevy–41 notice42

Chapter402(2019) TransformationalLearningIncentives43

©MTSBA2017
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JolietPublicSchools

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NoticeofIntenttoImposeanIncreaseinLeviesForm

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Adoptedon:11/14/17

Reviewedon:

Revisedon:11/11/19

Asanessentialpartofitsbudgetingprocess,the___________________BoardofTrusteesisauthorizedbylaw10 toimposeleviestosupportitsbudget.The___________________BoardofTrusteesestimatesthefollowing11 increases/decreasesinrevenuesandmillsforthefundsnotedbelowforthenextschoolfiscalyearbeginning12 July1,__________,usingcertifiedtaxablevaluationsfromthecurrentschoolfiscalyearasprovidedtothe13 district:14

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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/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Bus Depreciation $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Transportation $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Tuition $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Building Reserve $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Flexibility $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

Total $___increase/decrease $___increase/decrease $___increase/decrease $___increase/decrease

*Impacts above are based on current certified taxable valuations from the current school fiscal year

17

Regardingtheincreaseinthebuildingreservelevyreferencedabove,thefollowingareschoolfacility

projectsanticipatedto

completedatthistime:

Legal

Resolutionofintenttoincreasenonvotedlevy

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19 20 1.______________________________21 2.______________________________22 3.______________________________23 4.______________________________24 25
Reference: 20-9-116,MCA
-notice26

Joliet Public Schools

Adopted on: 11/11/2019

Reviewed on:

on:

Personalized Learning Opportunities

It is the policy of the District to create an environment and culture that supports and meets the11 individual needs, skills and interests of each student, provides advanced opportunities for12 students and supports transformational learning. As a result of the collective efforts of Trustees,13 Administrators, and Educators, the District ensures equality of educational opportunity for each14 student and have fully developed the potential of each student in District schools. In addition to15 other initiatives/strategies, the District is committed to the following:16

17

1. Expanding the personalized learning opportunities for each student to accelerate in their18 career and college readiness, reduce the out of pocket costs for families and empower19 students to actively engage in forming successful post secondary pathways by:20

a. developing an advanced opportunity plan for students in grades 6 12 that21

i. fosters individualized pathways for career and postsecondary educational22 opportunities and that honors individual interests, passions, strengths,23 needs, and culture and is supported through relationships among teachers,24 family, peers, the business community, postsecondary education officials,25 and other community stakeholders; and26

ii. embeds community based, experiential, online, and work based learning27 opportunities and foster a learning environment that incorporates both28 face to face and virtual connections.29 30

2. Supporting and embracing a culture of transformational learning by:31

a. developing a transformational learning plan for each participating student that32 i. honors individual interests, passions, strengths, needs, and culture, and33 that is rooted in relationships with teachers, family, peers, and community34 members;35

ii. embeds community based, experiential, online, and work based learning36 opportunities and foster a learning environment that incorporates both37 face to face and virtual connections; and38

iii. provide effective professional development to assist employees in39 transitioning to a transformational learning model.40 41

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4 1015FE FLEXIBILITY AND EFFICIENCY Revised
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Adopted on: 11/11/193

Reviewed on:4

AND

Revised on:

8 9

Independent Investment Accounts

The Board may establish independent investment accounts separate and apart from those funds10 maintained by the county treasurer. The Board may transfer cash into an independent investment11 account from any budgeted or non budgeted funds. A separate account shall be established for12 each fund from which transfers are made. The principal and any interest earned must be13 reallocated to the fund from which the deposit was originally made. Unless otherwise provided14 by law, all other revenue may be sent directly to a participating district’s investment account.15 16

The District may either:17 18

1. Establish and use the account as a non spending account, returning sufficient funds to the19 county treasurer in time to pay all claims against the applicable fund; or20 21

2. Establish a subsidiary checking account and make expenditures from the investment22 account, provided all transactions are accounted for and reported, as required by23 applicable accounting principles. If the District desires to establish a subsidiary checking24 account for purposes of paying for expenditures directly from an investment account, the25 District must enter into a written agreement with the county treasurer, in accordance with26 § 20 9 235, MCA.27 28 29 30

Legal Reference: § 20 9 235, MCA Authorization for school district investment account31 32

Policy History:33 Adopted on:34 Reviewed on:35 Revised on:36 37

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THE BOARD OF TRUSTEES 1100

4

Organization5

6

The legal name of this District is Joliet School District No. 7, Carbon County, State of Montana.7 The District is classified as a class two (2) district and is operated according to the laws and8 regulations pertaining to a class two (2) district.9

10

To achieve its primary goal of providing each child with the necessary skills and attitudes to11 become an effective citizen, the Board shall exercise the full authority granted to it by the laws of12 the state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution13 and state statutes and regulations. School Laws of Montana and the administrative rules of the14 Board of Public Education and the Office of Superintendent of Public Instruction delineate the15 legal powers, duties, and responsibilities of the Board.

16 17 18 19

§ 20-3-324, MCA Powers and duties20

Legal References:

§ 20-6-101, MCA Definition of elementary and high school districts21

§ 20-6-201, MCA Elementary district classification22

§ 20-6-301, MCA High school district classification23

24

Policy History:25

Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

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THE BOARD OF TRUSTEES 11053

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5

6

Membership and Terms of Office

Joliet Elementary District 7 is governed by seven (7) members. Joliet High School is governed7 by the same seven (7) members as Joliet Elementary District 7 in addition to one (1) member8 elected from the previously established outlying district.9

10

The powers and duties of the Board include the broad authority to adopt and enforce all policies11 necessary for the management, operations and governance of the District. Except as otherwise12 provided by law, trustees shall hold office for terms of three (3) years, or until their successors

13 are elected and qualified. Terms of trustees shall be staggered as provided by law.

14

15

All trustees shall participate on an equal basis with other members in all business transactions16 pertaining to the high school maintained by the District.

17

18

19

§ 20 3 301, MCA Election and term of office20

Legal References:

§ 20-3-302, MCA Legislative intent to elect less than majority of21 trustees22

§ 20 3 305, MCA Candidate qualification, filing deadline, and23 withdrawal

24

§ 20 3 306, MCA Conduct of election25

§ 20-3-307, MCA Qualification and oath26

§ 20 3 341, MCA Number of trustee positions in elementary districts27 transition

28

§ 20 3 351, MCA Number of trustee positions in high school districts29

§ 20 3 352, MCA Request and determination of number of high30 school district additional trustee positions31 nonvoting trustee32

§ 20 3 361, MCA Joint board of trustees organization and voting33 membership34

Policy History:35

Adopted on: 6/20/1336

Reviewed on:37

Revised on: 8/8/2238

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THEBOARDOFTRUSTEES 1110

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TakingOffice5

6

Anewlyelectedtrusteeshalltakeofficeassoonaselectionresultshavebeencertifiedandthe

7 newlyelectedtrusteehastakenandsubscribedtoanoathtofaithfullyandimpartiallydischarge8 thedutiesoftheofficeto thebestofhis/herability.9

10

Anewlyappointedtrusteeshalltakeoffice,afterthetrusteehastakenandsubscribedtoanoath11 tofaithfullyandimpartiallydischargethedutiesoftheofficetothebestofhis/herability.

12

13

Thepersonshallqualifybytakinganoathofofficeadministeredbythecountysuperintendent,14 thesuperintendent’sdesignee,oranyofficerprovidedforin1-6-101,MCAor2-16-116,MCA.

15 Suchoathmustbefiledwiththecountysuperintendentnotmorethantwenty-five(25)daysafter16 thereceiptofthecertificateofelection ortheappointment.

17

18 19

CrossReference: Policy1113 Vacancies20 21

§1-6-101,MCA Officerswhomayadministeroaths22

LegalReferences:

§2-16-116,MCA Powertoadministeroaths23

24

§20-1-202,MCA Oathofoffice

§20-3-307,MCA Qualificationandoath25

26

PolicyHistory:27

28

Adoptedon: 06/20/13

Reviewedon:29 Revisedon:11/11/1930

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THE BOARD OF TRUSTEES 11113 page 1 of 2

4

5

6

Election

10

Elections conducted by the District are nonpartisan and are governed by applicable election laws7 as found in Titles 13 & 20 of the Montana Code Annotated. The ballot at such elections may8 include candidates for trustee positions, various public policy propositions, and advisor9 questions.

11

Board elections shall take place on the first (1st) Tuesday after the first (1st) Monday in May of12 each year. Any person who is a qualified voter of the District is legally qualified to become a13 trustee. A declaration of intent to be a candidate must be submitted to the District Clerk at least14 forty (40) days before the regular school election day. If different terms are to be filled, the term15 for the position for which the candidate is filing must also be indicated. Any person seeking to16 become a write in candidate for a trustee position shall file a declaration of intent no later than17 5:00 p.m. on the day before the ballot certification deadline in 20 20 401. If the number of18 candidates filing for vacant positions or filing a declaration of intent to be a write in candidate is19 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 trustee21 election is not held, the trustees shall declare the candidates elected by acclamation and shall22 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 the25 clerk of the district containing all information necessary to identify the candidate and the office26 for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk27 of the district. A candidate may not withdraw after 5:00 p.m. the day before the ballot28 certification deadline in 20 20 401.29

30

In the event of an unforeseen emergency occurring on the date scheduled for the funding31 election, the district will be allowed to reschedule the election for a different day of the calendar32 year.33

34

In years when the Legislature meets in regular session or in a special session that affects school35 funding, the trustees may order the election on a date other than the regular school election day36 in order for the electors to consider a proposition requesting additional funding under § 20 937 353, MCA.38 39 40 41

42

Legal Reference:

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

§ 20 3 304, MCA Annual election43

44 45 46

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

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§ 20 3 313, MCA Election by acclamation notice

§ 20 3 322, MCA Meetings and quorum

§ 20 3 322(5), MCA Meetings and quorum (unforeseen emergency6 definition)

7

8

10

§ 20 3 324(4), MCA Powers and duties

§ 20-3-344, MCA Nomination of candidates by petition in first-class9 elementary district

§ 20 9 353, MCA Additional financing for general fund election for11 authorization to impose

12

§ 20 20 105, MCA Regular school election day and special school13 elections limitation exception

14

15

16

17

Policy History:18

19

§ 20 20 204, MCA Election Notice

§ 20-20-301, MCA Qualifications of elector

Adopted on: 06/20/13

Reviewed on:20 Revised on: 01/11/1621

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THE BOARD OF TRUSTEES 11123

4

Resignation5

6

Resignation of a trustee, for whatever reason, must be submitted in writing to the Clerk. A7 resignation is effective seventy-two (72) hours after its submission unless withdrawn during that8 period by the resigner through written notification of withdrawal made to the Clerk.9

10

The Board will ratify the resignation at its next regularly scheduled meeting and will proceed to11 fill the vacancy as provided by statute and Board policy.

12

13

Trustees retiring from the Board may be recognized for their service to the District by14 presentation of a service plaque or other appropriate activities.

15

16

17 18

Legal Reference: § 2-16-502, MCA Resignations19

20

21

§ 20-3-308, MCA Vacancy of trustee position

Policy History:22 Adopted on: 06/20/1323 Reviewed on:24 Revised on:25

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THE BOARD OF TRUSTEES 1113

Vacancies

A trustee position becomes vacant before the expiration of a term, when any of the following7 occurs:8 9

1. Death of the incumbent;10

2. Resignation, in writing, filed with the Clerk;11

3. Incumbent moves out of the nominating district, establishing residence elsewhere;12

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

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

6. Incumbent fails to attend three (3) consecutive meetings of the trustees without good16 reason;17

7. Incumbent has been removed under the provisions of § 20-3-310, MCA; or18

8. Incumbent ceases to have the capacity to hold office under any other provision of law.19 20

A trustee position also shall be vacant when an elected candidate fails to qualify.21 22

When a trustee vacancy occurs, the remaining trustees shall declare such position vacant and fill23 such vacancy by appointment. The Board will receive applications from any qualified persons24 seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate25 to fill the position.26

27

Should the Board fail to fill a vacancy within sixty (60) days from the creation of a vacancy, the28 county superintendent shall appoint, in writing, a competent person to fill such vacancy. An29 appointee shall qualify by completing and filing an oath of office with the county superintendent30 within fifteen (15) days after receiving notice of the appointment and shall serve until the next31 regularly scheduled school election and a successor has qualified.

32 33 34 35

Cross Reference: 1240 Duties of Individual Trustees36 37

38

Legal References: § 20-3-308, MCA Vacancy of trustee position

§ 20-3-309, MCA Filling vacated trustee position – appointee39 qualification and term of office

40

41

Policy History:42

Adopted on: 06/20/1343

Reviewed on:44 Revised on:45

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THE BOARD OF TRUSTEES 1113P

Vacancies

When a vacancy occurs on the Board, it is in the best interest of the District to encourage as7 many able citizens as possible to consider becoming a trustee. To that end, the following8 procedures may be used to identify and appoint citizens to fill Board vacancies:9

10

1. Announcement of the vacancy and the procedure for filling it may be made in the general11 news media as well as District publications to patrons.12

13

2. All citizens shall be invited to nominate candidates for the position, provided that the14 nominees shall be residents of the District. A letter of application will be required of15 interested candidates.

16

17

3. The Board may individually interview the finalists in a regular or special meeting and18 appoint the candidate who, in the judgment of the Board, is most likely to contribute to19 the growth and development of the District’s education programs and operations. All20 trustees shall vote on the candidate of their choice.21 22

4. If no one (1) candidate receives a majority of the votes, the Board may:23 24

a. Discuss all candidates and vote again;25 26

b. Discuss all candidates and vote only on those candidates with the most votes; or27 28

c. Continue voting until one (1) candidate receives a majority vote.29 30

5. The Board Clerk shall prepare, for the signatures of all trustees, a letter thanking all31 candidates for the position and commending them for their interest in the District.32 33 34 35

Procedure History:36

Promulgated on: 06/20/1337

Reviewed on:38 Revised on:39

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THEBOARDOFTRUSTEES 1120

5

6

AnnualOrganizationMeeting

Afterissuanceofelectioncertificatestonewlyelectedtrustees,butnolaterthantwenty-five(25)7 daysaftertheelection,theBoardshallelectfromamongitsmembersaChairpersonandaVice8 Chairpersontoserveuntilthenextannualorganizationalmeeting. IfaBoardmemberisunable9 tocontinuetoserveasanofficer,areplacementshallbeelectedattheearliestopportunityto10 servetheremainderoftheterm. IntheabsenceofboththeChairpersonandtheVice11 Chairperson,theBoardshallelectaChairperson pro tempore,whoshallperformthefunctionsof12 theChairpersonduringthelatter’sabsence. TheClerkshallactasBoardsecretary.13

14

Thenormalorderofbusinessshallbemodifiedfortheannualorganizationalmeetingby15 consideringthefollowingmattersaftertheapprovaloftheminutesofthepreviousmeeting:16

17

1. WelcomeandintroductionofnewlyelectedBoardmembersbythecurrent Chairperson18 19

2. Swearinginofnewlyelectedtrustees20 21

3. CallfornominationsforChairpersontoserveduringtheensuingyear22 23

4. ElectionofaChairperson24 25

5. AssumptionofofficebythenewChairperson26 27

6. CallfornominationsforViceChairpersontoserveduringtheensuingyear28 29 30

8. AppointmentofaClerk31 32 33

LegalReferences: §20-3-321,MCA Organizationandofficers35

§20-3-322(a),MCA Meetingsandquorum36

Title1,Chapter5,Part6,MCA NotarialActs37 38

PolicyHistory:39

Adoptedon: 06/20/1340

Reviewedon:41

Revisedon:11/11/201942

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THE BOARD OF TRUSTEES 1130

Committees/Meetings

6

10

11

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. All8 committees created by the Board to serve a clear public and governmental purpose shall comply9 with the open meeting laws and all other laws applicable to school board meetings.

Standing committees of the Board may be created and their purposes defined by a majority of the12 Board. The Board Chairperson shall appoint trustees to serve on such committees. Trustees13 serving on committees shall be limited to fewer than one-half (½) of the Board.

14

15

In determining whether any meeting within the school system should be held in compliance with16 the Open Meeting Act, the following factors, although not exhaustive or dispositive in nature,17 should be considered:18

19

Frequency of the meetings being held;20

Whether the committee is deliberating or simply gathering facts;21

Whether the deliberations concern matter of policy rather than merely ministerial or22 administrative functions;

Whether the committee members have executive authority and experience; and24

Results of the meeting.25 26 27 28

Legal Reference: § 2-3-203, MCA Meetings of public agencies and certain associations29 of public agencies to be open to public – exceptions30

Bryan v. Yellowstone (2002), 2002 MT 26431

Crofts v. Associated Press (2004), 2004 MT 12032

33

Policy History:34

Adopted on: 06/20/1335 Reviewed on:36 Revised on:37

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THE BOARD OF TRUSTEES 1210

4

5

6

Qualifications, Terms, and Duties of Board Officers

The Board officers are the Chairperson and Vice Chairperson. These officers are elected at the annual

organizational meeting.

10

11

Chairperson

The Board elects a Chairperson from its members for a one-(1)-year term. The Chairperson may be any12 trustee of the board, including an additional trustee as provided for in 20-3-352(2). The duties of the

Chairperson include the following:

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

Make all Board committee appointments, subject to Board approval;

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

Close Board meetings as authorized by Montana law; and

Act as spokesperson for the Board.20

21

The Chairperson is permitted to participate in all Board meetings in a manner equal to all other Board22 members, including the right to participate in debate and to vote. The Chairperson may not make a23 motion, but may second motions.24

25

Vice Chairperson26 27

The Vice Chairperson shall preside at all Board meetings in the absence of the Chairperson and shall28 perform all the duties of the Chairperson during the Chairperson’s absence or unavailability. The Vice29 Chairperson shall work closely with the Chairperson and shall assume whatever duties the Chairperson30 may delegate.31 32 33

Legal References: § 2-3-203, MCA

Meetings of public agencies and certain34 associations of public agencies to be open to35 public – exceptions36

§ 20-3-321(2), MCA Organization and officers37

§ 20-3-351(1)(a), MCA Number of trustee positions in high school38 districts39

§ 20-3-352(2), MCA

Request and determination of number of high40 school district additional trustee positions –41 nonvoting trustee42 43 44

Policy History:45

Adopted on: 06/20/1346

Reviewed on:47 Revised on:48

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THE BOARD OF TRUSTEES 12303

4

Clerk5

6

The Clerk of the Board shall attend all meetings of the Board, unless excused by the7 Chairperson, and shall keep an accurate journal of its proceedings. The Clerk shall have custody8 of the records, books, and documents of the Board. In the absence or inability of the Clerk to9 attend a Board meeting, the trustees will have one (1) of their members or a District employee10 act as clerk for the meeting, and said person will supply the Clerk with a certified copy of the11 proceedings.

12

13

The Clerk will keep accurate and detailed accounts of all receipts and disbursements made by the14 District. The Clerk shall draw and countersign all warrants for expenditures that have been15 approved by the Board.

16

17

The Clerk will make the preparations legally required for the notice and conduct of all District18 elections.

19

20

The Clerk shall prepare and submit to the Board a financial report of receipts and disbursements21 of all school funds on an annual basis, unless the Board requests such reports on a more frequent22 basis. The Clerk shall perform other duties as prescribed by state law or as directed by the Board23 and the Superintendent.24 25 26 27

§ 20-3-321, MCA Organization and officers28

Legal references:

§ 20-3-325, MCA Clerk of district29

§ 20-4-201, MCA Employment of teachers and specialists by contract30

§ 20-9-133, MCA Adoption and expenditure limitations of final31 budget

32

§ 20-9-165, MCA Budget amendment limitation, preparation, and33 adoption procedures34

§ 20-9-221, MCA Procedure for issuance of warrants35

36

37

Policy History:38

§ 20-20-401, MCA Trustees’ election duties – ballot certification

Adopted on: 06/20/1339

Reviewed on:40

Revised on:41

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THE BOARD OF TRUSTEES 12403

4

5

Duties of Individual Trustees

6

The authority of individual trustees is limited to participating in actions taken by the Board as a7 whole when legally in session. Trustees shall not assume responsibilities of administrators or8 other staff members. The Board or staff shall not be bound by an action taken or statement made9 by an individual trustee, except when such statement or action is pursuant to specific instructions10 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 be13 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 shall17 give advance notice to the Chairperson or Superintendent, of the trustee’s inability to attend a18 Board meeting. A majority of the Board may excuse a trustee’s absence from a meeting if19 requested to do so. The Board shall declare a position vacant after three (3) consecutive20 unexcused absences from regular Board meetings, or when a trustee has been absent from the21 District for sixty (60) consecutive days.

22 23

24

25

Cross Reference: 1113 Vacancies26

27

§ 20-3-301, MCA Election and term of office28

Legal References:

§ 20-3-308, MCA Vacancy of trustee position29

§ 20-3-324(22), MCA Powers and duties30

§ 20-3-332, MCA Personal immunity and liability of trustees31

32

Policy History:33

Adopted on: 06/20/1334

Reviewed on:35

Revised on:36

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THE BOARD OF TRUSTEES 13103

4

5

6

District Policy

7

8

Adoption and Amendment of Policies

Proposed new policies and proposed changes to existing policies shall be presented in writing for9 reading and discussion at a regular or special Board meeting. Interested parties may submit10 views, present data or arguments, orally or in writing, in support of or in opposition to proposed11 policy. Any written statement by a person, relative to a proposed policy or amendment, should12 be directed to the District Clerk prior to the second (2nd) reading. The final vote for adoption13 shall take place not earlier than at the second (2nd) reading of the particular policy.

14

15

All new or amended policies shall become effective on adoption, unless a specific effective date16 is stated in the motion for adoption.

17 18

Policies, as adopted or amended, shall be made a part of the minutes of the meeting at which19 action was taken and also shall be included in the District’s policy manual. Policies of the20 District shall be reviewed annually by the Board.

21 22

23

24

Policy Manuals

The Superintendent shall develop and maintain a current policy manual which includes all25 policies of the District. Every administrator, as well as staff, students, and other residents, shall26 have ready access to District policies. All policy manuals distributed to anyone shall remain the27 property of the District and shall be subject to recall at any time.

28 29

30

31

Suspension of Policies

Under circumstances that require waiver of a policy, the policy may be suspended by a majority32 vote of the trustees present. To suspend a policy, however, all trustees must have received33 written notice of the meeting, which includes the proposal to suspend a policy and an explanation34 of the purpose of such proposed suspension.

35 36

37 38

Legal References: § 20-3-323, MCA District policy and record of acts39 10.55.701, ARM Board of Trustees

40

41

Policy History:42

Adopted on: 06/20/1343

Reviewed on:44 Revised on:45

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THE BOARD OF TRUSTEES 13323

4

5

6

Authorization of Signatures

For the conduct of the business of the District, the Board may grant authority to specific staff to7 sign certain documents on behalf of the District. The Chairperson and Clerk are authorized to8 use a facsimile signature plate or stamp.9

10

Warrants: The Chairperson and Clerk are authorized to sign all District warrants by facsimile11 signature on behalf of the Board.

12

13

Claim Forms: The Superintendent and Principal are authorized to certify voucher or invoice14 claims against or for the District:

15

16

Checks: The high school principal is designated as the custodian of each school building17 extracurricular fund account. The Superintendent is designated as the custodian of all District18 petty cash accounts. The Superintendent and Clerk are authorized to sign, on behalf of the19 Board, checks drawn on any specific petty cash account:20

21

Contracts for Goods and Services and Leases: The Superintendent is authorized to sign, on22 behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under23 $30,000 without prior approval of the Board. The types of goods and services contracted for24 must be preapproved by the Board.25 26

Personnel Contracts: The Board Chairperson and Clerk are authorized to sign personnel27 contracts and agreements of employment on behalf of the Board, by facsimile signature.

28 29

Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board30 Chairperson and the Clerk.

31 32 33 34

Policy History:35

Adopted on: 06/20/1336

Reviewed on:37

Revised on:38

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Board Meetings

10

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Meetings of the Board must occur at a duly called and legally conducted meeting. “Meeting” is7 defined as the convening of a quorum of the constituent membership of the Board, whether in8 person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the9 Board has supervision, control, jurisdiction, or advisory power.

11

12

13

Regular Meetings

Unless otherwise specified, all meetings will take place in the Library Regular meetings shall14 take place at 6:00 p.m. on the second (2nd) Monday of each month, or at other times and places

15 determined by a majority vote. Except for an unforeseen emergency, meetings must be held in16 school buildings or, upon the unanimous vote of the trustees, in a publicly accessible building17 located within the District. If regular meetings are scheduled at places other than as stated above18 or are adjourned to times other than the regular meeting time, notice of the meeting shall be19 made in the same manner as provided for special meetings. The trustees may meet outside the20 boundaries of the District for collaboration or cooperation on educational issues with other21 school boards, educational agencies, or cooperatives. Adequate notice of the meeting, as well as22 an agenda, must be provided to the public in advance. Decision making may only occur at a23 properly noticed meeting held within the District’s boundaries. When a meeting date falls on a24 school holiday, the meeting may take place the next business day.25

26

27

28

Emergency Meetings

In the event of an emergency involving possible personal injury or property damage, the Board29 may meet immediately and take official action without prior notification.30 31

32

33

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 for35 the District, stating that the meeting of the trustees may be continued from day to day until final36 adoption of a District budget and that any taxpayer in the District may appear at the meeting and37 be heard for or against any part of the budget. This notice shall be published in the Carbon38 County News.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. The42 meeting may continue from day to day; however, the Board must adopt a final budget not later43 than August 25.

44

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Special Meetings

5

Special meetings may be called by the Chairperson or by any two (2) trustees. A written notice6 of a special meeting, stating the purpose of the meeting, shall be delivered to every trustee not7 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 written9 notice shall be posted conspicuously within the District in a manner that will receive public10 attention. Written notice also shall be sent not less than twenty four (24) hours prior to the11 meeting, to each newspaper and radio or television station that has filed a written request for12 such notices. Business transacted at a special meeting will be limited to that stated in the13 notice of the meeting

14

15

16

17

Closed Sessions

Under Montana law, the Board may meet in closed sessions to consider matters of individual18 privacy. Before closing a meeting, the presiding officer must determine that the demands of19 individual privacy exceed the merits of public disclosure and so state publicly before going into20 closed session. The Board also may go into closed session to discuss a strategy to be followed21 with respect to litigation, when an open meeting would have a detrimental effect on the litigating22 position of the District. This exception does not apply if the litigation involves only public bodies23 or associations as parties. Before closing a meeting for litigation purposes, the District may wish24 to consult legal counsel on the appropriateness of this action. No formal action shall take place25 during any closed session.26 27 28 29

Legal References:

§ 2 3 103, MCA Public participation governor to ensure guidelines30 adopted31

§ 2 3 104, MCA Requirements for compliance with notice provisions32

§ 2 3 105, MCA Supplemental notice by radio or television33

§ 2 3 201, MCA Legislative intent liberal construction34

§ 2 3 202, MCA Meeting defined35

§ 2-3-203, MCA Meetings of public agencies and certain associations36 of public agencies to be open to public exceptions37

§ 20 3 322, MCA Meeting and quorum38

§ 20 9 115, MCA Notice of final budget meeting39

§ 20 9 131, MCA Final budget meeting40

41

42

Policy History:43

44

10.55.701, ARM Board of Trustees

Adopted on: 06/20/13

Reviewed on:45

46

Revised on: 09/12/16, 5/17/21

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THE BOARD OF TRUSTEES 14013

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5

6

Records Available to Public

All District records, except those restricted by state and federal law, shall be available to citizens7 for inspection at the Clerk’s office.

8

9

An individual wishing public information that is in electronic format or other nonprint media10 must submit a detailed description, to the Superintendent, of the information requested. The11 District will provide the public information as required under § 2-6-110, MCA.

12

13

16

17

In accordance with § 20-9-213(1), MCA, the record of the accounting of school funds shall be

14 open to public inspection at any meeting of the trustees. A fee may be charged for any copies15 requested. Copies will be available within a reasonable amount of time following a request.

A written copy of Board minutes shall be available to the general public within five (5) working18 days following approval of the minutes by the Board. If requested, one (1) free copy of minutes19 shall be provided to local media within five (5) working days following approval by the Board.

20 21

Fees will be charged as follows:22 23

a) Copy of Board minutes - 15¢ per page24 25

b) Copy of other materials - 25¢ per page26 27

c) Time spent researching a copy project will be charged at the employee’s hourly28 rate of pay.29 30 31

32

Legal References: § 2-6-102, MCA Citizens entitled to inspect and copy public writings33

§ 2-6-110, MCA Electronic Information and nonprint records34

§ 20-3-323, MCA District policy and record of acts35

36

37

Policy History:38

§ 20-9-213, MCA Duties of trustees

Adopted on: 06/20/1339

Reviewed on:40

Revised on:41

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THEBOARDOFTRUSTEES 14023

4

SchoolBoardUseofEmailandMobileMessaging5

6

UseofemailandmobilemessagingbymembersoftheBoardwillconformtothesamestandards7 ofjudgment,propriety,andethicsasotherformsofschoolboard-relatedcommunication. Board8 memberswillcomplywiththefollowingguidelineswhenusinge-mailandmobilemessagingin9 theconductofBoardresponsibilities:10

11

1. TheBoardwillnotusee-mailormobilemessagingasasubstitutefordeliberationsat12 BoardmeetingsorforothercommunicationsorbusinessproperlyconfinedtoBoard13 meetings.

14

15

16 receivedorpreparedfor useinBoardbusinessorcontaininginformationrelatingto17 Boardbusinessmayberegardedaspublicrecords,whichmaybeinspectedbyany18 personuponrequest,unlessotherwisemadeconfidentialbylaw.19

20

2. Boardmemberswillbeawarethatmobilemessages,e-mailande-mailattachments

3. Boardmemberswillavoidreferencetoconfidentialinformationaboutemployees,21 students,orothermattersine-mailandmobilecommunications,becauseoftheriskof22 improperdisclosure. Boardmembers willcomplywiththesamestandardsasschool23 employees,withregardtoconfidentialinformation.

24 25 26 27

CrossReference: 1400 BoardMeetings28

1401 RecordsAvailabletoPublic29

30

LegalReference: §2-3-103,MCA Publicparticipation–governortoensureguidelines31 adopted

32

§2-3-201,MCA Legislativeintent–liberalconstruction33

§2-3-203,MCA Meetingsofpublicagenciesandcertainassociations34 ofpublicagenciestobeopentopublic–exceptions35

§20-3-322,MCA Meetingandquorum36

37

PolicyHistory:38

Adoptedon: 06/20/1339

Reviewedon:40

Revisedon:11/11/201941

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6

SchoolBoardMeetingProcedure

Agenda7

8

TheauthoritytosettheboardagendalieswiththeBoardChairinconsultationwithboardmembers9 andtheadministration. Theactofpreparingtheboardmeetingagendascanbedelegatedtothe10 Superintendent.

11

12

TheBoardChairpersonmustapproveanyitemssubmittedbyBoardmembersormembersofthe13 public,tobeplacedontheagenda.Citizenswishingtomakebriefcommentsaboutschoolprograms14 orprocedureswillfollowthepubliccommentproceduresindistrictpolicy.

15

16

Theagendaalsomustincludea“publiccomment”portiontoallowmembersofthegeneralpublicto17 commentonanypublicmatterunderthejurisdictionoftheDistrictwhichisnotspecificallylistedon18 theagenda,exceptthatnomemberofthepublicwillbeallowedtocommentoncontestedcases,19 otheradjudicativeproceedings,orpersonnelmatters. TheBoardChairpersonmayplacereasonable20 timelimitsonany“publiccomment”periodtomaintainandensureeffectiveandefficientoperations21 oftheBoard. TheBoardshallnottakeanyactiononanymatterdiscussed,unlessthematteris22 specificallynoticedontheagenda,andthepublichasbeenallowedopportunitytocomment.23

24

Withconsentofamajorityofmemberspresent,theorderofbusinessatanymeetingmaybe25 changed. CopiesoftheagendaforthecurrentBoardmeeting,minutesofthepreviousBoard26 meeting,andrelevantsupplementaryinformationwillbepreparedanddistributedtoeachtrusteeat27 leasttwenty-four(24)hoursinadvanceofaBoardmeetingandwillbeavailabletoanyinterested28 citizenattheSuperintendent’sofficetwenty-four(24) hoursbeforeaBoardmeeting. Anagendafor29 othertypesofBoardmeetingswillbeprepared,ifcircumstancesrequireanagenda.30 31

ConsentAgenda32 33

Toexpeditebusinessatitsmeetings,theBoardapprovestheuseofaconsentagenda,whichincludes34 thoseitemsconsideredtoberoutineinnature. Anyitemthatappearsontheconsentagendamaybe35 removedbyamemberoftheBoard. AnyBoardmemberwhowishestoremoveanitemfromthe36 consentagendamustgiveadvancenoticeinatimelymannertotheSuperintendent. Remainingitems37 willbevotedonbyasinglemotion. Theapprovedmotionwillberecordedintheminutes,including38 alistingofallitemsappearingontheconsentagenda.39

40

Minutes41

42

Appropriateminutesofallmeetingsrequiredtobeopenmustbekeptandmustbeavailablefor43 inspectionbythepublic.[(Optional)Ifanaudiorecordingofameetingismadeanddesignatedas44 official,the45 46

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5 recordofthemeetingmustalsobemadeandmustalsoinclude:6

7

recordingconstitutestheofficerecordofthemeeting. Ifanofficialrecordingismade,awritten

Date,time,andplaceofthemeeting;

Presidingofficer;

Boardmembersrecordedasabsentorpresent;

Summaryofdiscussiononallmattersdiscussed(includingthosemattersdiscussedduringthe11 “publiccomment”section),proposed,deliberated,ordecided,andarecordofanyvotes

12 taken;

Detailedstatementofallexpenditures;

Purposeofrecessingtoclosedsession;and15

16

17

Timeofadjournment.

Iftheminutesarerecordedanddesignatedastheofficialrecord,alogortimestampforeachmain18 agendaitemisrequiredforthepurposeofprovidingassistancetothepublicinaccessingthatportion19 ofthemeeting.

20

21

UnofficialminutesshallbedeliveredtoBoardmembersinadvanceofthenextregularlyscheduled22 meetingoftheBoard. Minutesneednotbereadpublicly,providedthatBoardmembershavehadan23 opportunitytoreviewthembeforeadoption. AfileofpermanentminutesofBoardmeetingsshallbe24 maintainedintheofficeoftheClerk,tobemadeavailableforinspectionuponrequest. Awritten25 copyshallbemadeavailablewithinfive(5)workingdaysfollowingapprovalbytheBoard.26

27

28 29

Quorum

NobusinessshallbetransactedatanymeetingoftheBoardunlessaquorumofitsmembersis30 present. AmajorityofthefullmembershipoftheBoardshallconstituteaquorum,whetherthe31 individualsarepresentphysicallyorelectronically. Amajorityofthequorummaypassaresolution,32 exceptasprovidedin§20-4-203(1),MCA,and§20-4-401(4),MCA.

33

34

35

36

ElectronicParticipation

TheBoardmayallowmemberstoparticipateinmeetingsbytelephoneorotherelectronicmeans.37 Boardmembersmaynotsimplyvoteelectronicallybutmustbeconnectedwiththemeeting38 throughoutthediscussionofbusiness. IfaBoardmemberelectronicallyjoinsthemeetingafteran39 itemofbusinesshasbeenopened,theremotelylocatedmembershallnotparticipateuntilthenext40 itemofbusinessisopened.

41

42

IftheBoardallowsamembertoparticipateelectronically,thememberwillbeconsideredpresent43 andwillhavehisorheractualphysicalpresenceexcused. Themembershallbecountedpresentfor44

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9 
10 
13 
14 
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1

3

4 participateinthemeetingelectronically.

purposesofconveningaquorum. TheClerkwilldocumentitintheminutes,whenmembers

5

6

AnyBoardmemberwishingtoparticipateinameetingelectronicallywillnotifytheChairpersonand7 Superintendentasearlyaspossible. TheSuperintendentwillarrangeforthemeetingtotakeplacein8 alocationwiththeappropriateequipmentsothatBoardmembersparticipatinginthemeeting9 electronicallymayinteract,andthepublicmayobserveorhearthecommentsmade. The10 Superintendentwilltakemeasurestoverifytheidentityofanyremotelylocatedparticipants.

11

12

13

14

MeetingConductandOrderofBusiness

GeneralrulesofparliamentaryprocedureareusedforeveryBoardmeeting. Robert’s Rules of Order15 maybeusedasaguideatanymeeting. Theorderofbusinessshallbereflectedontheagenda. The16 useofproxyvotesshallnotbepermitted. Votingrightsarereservedtothosetrusteesinattendance.17 Votingshallbebyacclamationorshowofhands.18 19

20

21

RescindaMotion

Amotiontorescind(cancelpreviousaction)maybemadeanytimebyanytrustee. Amotionto22 rescindmustbeproperlynoticedontheBoard’sagendaforthemeeting. Itisinorderanytimeprior23 toaccomplishmentoftheunderlyingactionaddressedbythemotion.24

25

CrossReference: 1441 AudienceParticipation26 27

LegalReferences:

§2-3-103,MCA Public participation-governortoensureguidelines28 adopted29

§2-3-202,MCA Meetingdefined30

§2-3-212,MCA Minutesofmeetings–publicinspection31

§20-1-212,MCA Destructionofrecordsbyschoolofficer32

§20-3-322,MCA Meetingsandquorum33

§20-3-323,MCA Districtpolicyandrecordofacts34

Jones and Nash v. Missoula Co., 2006 MT2, 330 Mont 200535

36

PolicyHistory:37

38

Adoptedon: 06/20/13

Reviewedon:39 Revisedon:11/11/201940

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NoticeRegardingPublicComment

Montanalawrequiresschooldistrictsandotherpublicagenciestoincludeontheagendafor7 publicmeetingsanitemallowingpubliccommentonanypublicmatternototherwise8 specificallylistedontheagendathatiswithinthejurisdictionoftheagency.Thepubliccomment9 portionoftheagendaisnotthetimedesignatedtohearitemsthatarespecifically10 listed/identifiedontheagenda.

11

12

ForthoseindividualswhodesiretoaddresstheBoardduringthepubliccommentportionofthe13 meeting,ifyouhaven’talreadydoneso,pleasesignyournametothesheetandindicatethe14 generaltopiconwhichyouwillbecommenting. TheBoardChairpersonwillcallindividualsto15 speakintheorderlistedonthesheetprovided. Pleasestateyournamepriortobeginningyour16 comment. There willbeanopportunityforcitizenswhohavenotsignedintocommentatthe17 conclusionofthecommentperiod. TheBoardwouldliketoremindeveryoneinattendanceto18 avoidviolationsofindividualrightsofprivacywhenprovidingcomment.TheBoardisnot19 authorizedtohearcommentsoncontestedcasesorotheradjudicativeproceedings.

20

21

Bylaw,theDistrictcannottakeanyactiononanymatterdiscussedduringthepubliccomment22 portionofthemeetingasthosemattersarenotspecificallynoticedontheagenda.TheBoard23 maytakeamatterraisedduringthepubliccommentperiodunderconsiderationforinclusionon24 afutureagenda.

25

26

InaccordancewithMontanalaw,citizenshavetherighttocommentonanitemthatis27 specificallylistedontheagenda. Citizenswillbepermittedtodosowhentheitemcomesupfor28 discussionandaction. Theboardchairwillindicatewhenthepublichastheopportunityto29 commentpriortoboardactiononaparticularagendaitem.30

31

TheBoardChairhastheauthoritytomanageallpubliccommentperiodsandwilldosoin32 accordancewithstatelawanddistrictpolicy.33 34

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Abstentions From Voting5

6

Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting records of7 each trustee present. As a general rule trustees should vote on all issues, unless casting a vote would be a8 violation of law. Under Montana law, instances in which it would be unlawful or inappropriate for a9 trustee to cast a vote on a particular issue include but are not necessarily limited to the following:10

11

1. When hiring the relative of a trustee for the first time;12

13

2. When casting a vote would directly and substantially affect, to its economic benefit, a business or14 other undertaking in which the trustee either has a substantial financial interest or in which the15 trustee is engaged as counsel, consultant, representative, or agent;16

17

3. When casting a vote would directly and substantially affect a business or other undertaking to its18 economic detriment, where a trustee has a substantial personal interest in a competing firm or19 undertaking;20 21

4. When casting a vote would cause a trustee to have a pecuniary interest, either directly or22 indirectly, in a contract made by the trustee (while acting in the trustee’s official capacity) or by23 the Board; and24

25

5. When casting a vote would put the trustee in the position of an agent or solicitor in the sale or26 supply of goods or services to the District.27 28

In addition, a trustee shall be allowed to abstain from voting to avoid the appearance of impropriety or the29 appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in30 the minutes and may include an explanation of the reasons for the abstention. The Board discourages31 abstentions, unless the reasons are substantiated as provided herein.

32

33 34

35

§ 2-2-105, MCA Ethical requirements for public officers and public36 employees37

Legal References:

§ 2-2-121, MCA Rules of conduct for public officers and public38 employees39

§ 2-2-302, MCA Appointment of relative to office of trust or emolument40 unlawful – exceptions – publication of notice41

42

§ 20-1-201, MCA School officers not to act as agents

§ 20-3-323, MCA District policy and record of acts43

§ 20-9-204, MCA Conflicts of interests, letting contracts, and calling for44 bids

45 46

Policy History:47

48

Adopted on: 06/20/13

Reviewed on:49

Revised on:50

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5

6

AudienceParticipation

TheBoardrecognizesthevalueofpubliccommentoneducationalissuesandtheimportanceof7 involvingmembersofthepublicinitsmeetings. TheBoardalsorecognizesthestatutoryand8 constitutionalrightsofthepublictoparticipateingovernmentaloperations. Toallowfairand9 orderlyexpressionofpubliccomments,theBoardwillpermitpublicparticipationthroughoralor10 writtencommentsduringthe“publiccomment”sectionoftheBoardagendaandpriortoafinal11 decisiononamatterofsignificantinteresttothepublic. TheChairpersonmaycontrolsuch12 commenttoensureanorderlyprogressionofthemeetinginthemannerdescribedinPolicy13 1420F.14

15

16

17

CrossReference: 1420 SchoolBoardMeetingProcedure

LegalReference: ArticleII,Section8,MontanaConstitution–Rightofparticipation18

ArticleII,Section10,MontanaConstitution–Rightofprivacy19

Chapter2,Part1,MCA NoticeandOpportunitytoBeHeard20 21

PolicyHistory:22 Adoptedon: 06/20/1323 Reviewedon:24 Revisedon:11/11/201925

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5

6

Code of Ethics for School Board Members

AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC7 EDUCATION, AND TO THAT END I WILL:8

9

Attend all regularly scheduled Board meetings insofar as possible and become informed concerning the10 issues to be considered at those meetings;11

12

Recognize that I should endeavor to make policy decisions only after full discussion at public Board13 meetings;

14

15

Make all decisions based on available facts and my independent judgment and refuse to surrender that16 judgment to individuals or special interest groups;

17

18

Encourage the free expression of opinion by all Board members and seek systematic communications19 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 for22 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, or27 staff;28

29

Inform myself about current educational issues, by individual study and through participation in programs30 providing needed information, such as those sponsored by the Montana and National School Boards31 Associations;32

33

Support the employment of those persons best qualified to serve as school staff and insist on regular and34 impartial evaluation of staff;35

36

Avoid being placed in a position of conflict of interest and refrain from using my Board position for37 personal or partisan gain;38

39

Avoid compromising the Board or administration by inappropriate individual action or comments and40 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 students43 attending public schools.

44

45

Policy History:46

47

Adopted on: 06/20/13

Reviewed on:48

Revised on:49

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ConflictofInterest

Atrusteemaynot:7 8

1. Engageinasubstantialfinancialtransactionforthetrustee’sprivatebusinesspurpose,9 withapersonwhomthetrusteeinspectsorsupervisesinthecourseofofficialduties.10

11

2. Performanofficialactdirectlyandsubstantiallyaffecting,toitseconomicbenefit,a12 businessorotherundertakinginwhichthetrusteeeitherhasasubstantialfinancial13 interestorisengagedascounsel,consultant,representative,oragent.14

15

16 17

3. Actasanagentorsolicitorinthesaleorsupplyofgoodsorservicesto adistrict.

4. Haveapecuniaryinterest,directlyorindirectly,inanycontractmadebytheBoard,when18 thetrusteehasmorethanatenpercent(10%)interestinthecorporation. Acontractdoes19 notinclude: 1)merchandisesoldtothehighestbidderatpublicauctions;2)investments20 ordepositsinfinancialinstitutionsthatareinthebusinessofloaningorreceivingmoney,21 whensuchinvestmentsordepositsaremadeonarotatingorratablebasisamong22 financialinstitutionsinthecommunityorwhenthereisonlyone(1)financialinstitution23 inthecommunity;or3)contractsforprofessionalservicesotherthansalariedservicesor24 formaintenanceorrepairservicesorsupplieswhentheservicesorsuppliesarenot25 reasonably availablefromothersources,iftheinterestofanyBoardmemberanda26 determinationofsuchlackofavailabilityareenteredintheminutesoftheBoardmeeting27 atwhichthecontractisconsidered.28 29

5. BeemployedinanycapacitybytheDistrict,withtheexceptionofofficiatingatathletic30 competitionsundertheauspicesoftheMontanaOfficialsAssociation.31 32

6. Performanofficialactdirectlyandsubstantiallyaffectingabusinessorother33 undertakingtoitseconomicdetrimentwhentheofficeroremployeehasa substantial34 personalinterestinacompetingfirmorundertaking.35 36

7. Appointorrenewto apositionoftrustoremolumentanypersonrelatedorconnectedby37 consanguinitywithinthefourth(4th)degreeorbyaffinitywithinthesecond(2nd)degree.38 39

a. Thisprohibitiondoesnotapplytotheissuanceofanemploymentcontracttoa40 personasasubstituteteacherwhoisnotemployedasasubstituteteacherformore41 thanthirty(30)consecutiveschooldays.42 b. Thisprohibitiondoesnotapplytotherenewalofanemploymentcontractofa43 tenuredteacherorclassifiedemployeeemployedwithoutawrittencontractfora44 specifictermrelatedtoaBoardmember,whowasinitiallyhiredbeforetheBoard45 memberassumedthetrusteeposition.46

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c. Thisprohibitiondoesnotapplyiftrusteescomplywiththefollowing1 requirements: 1)Alltrustees,exceptthetrusteerelatedtothepersontobe2 employedorappointed,votetoemploytherelatedperson;2)thetrusteerelatedto3 thepersontobeemployedabstainsfromvoting;and3)thetrusteesgivefifteen4 (15)dayswrittennoticeofthetimeandplaceoftheirintendedactionina5 newspaperofgeneralcirculationinthecountywheretheschoolislocated.6

7

8

LegalReference:

Section20-9-204,MCA–ConflictsofInterest

Section20-1-201,MCA–SchoolOfficialsnottoActasAgents9

Section2-3-302,MCA-Nepotism10

Section2-2-103,MCA–PublicTrust11

12

Section2-2-104,MCA–RulesofConduct

Section2-2-105,MCA–EthicalRequirements13

14

15

PolicyHistory:16

17

Section2-2-121,MCA–RulesofConduct

Adoptedon: 06/20/13

Reviewedon:18 Revisedon:11/11/201919

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Management Rights

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

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 where13 continuation of such work would be inefficient and nonproductive;14

15

4. Maintain the efficiency of District operations;16

5. Determine the methods, means, job classifications, and personnel by which District18 operations are to be conducted;19 20

6. Take whatever actions may be necessary to carry out the missions of the District in21 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 ongoing28 direction of all District programs.29

30 31 32

Cross Reference: 6110 Superintendent33

34

Legal Reference: §20-3-324, MCA Powers and duties35

§ 39-31-303, MCA Management rights of public employers36

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: 06/20/1341

Reviewed on:42

Revised on:43

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THE BOARD OF TRUSTEES 15203

4

5

Board/Staff Communications

Every reasonable means of communication is encouraged throughout the education community.6 Nevertheless, an organization must maintain some order and structure to promote efficient and7 effective communications.

8

9

10

Staff Communications to the Board

All official communications or reports to the Board, from supervisors, teachers, or other staff11 members, shall be submitted through the Superintendent. This procedure shall not deny any staff12 member the right to appeal to the Board from administrative decisions, provided that the13 Superintendent shall have been notified of the forthcoming appeal and that it is processed14 according to the applicable procedures for complaints and grievances. The provision does not15 limit or restrict employees from engaging in public comment during Board meetings as permitted16 by Montana law.

17

18

19

Board Communications to Staff

All official communications, policies, and directives of staff interest and concern will be20 communicated to staff members through the Superintendent. The Superintendent will employ all21 such media as are appropriate to keep staff fully informed of Board concerns and actions.22 23

24

Visits to Schools

In accordance with Montana statutes, each trustee shall visit every school of the District at least25 once each school fiscal year to examine its condition and needs. As a courtesy, individual Board26 members interested in visiting schools should make arrangements for visitations through the27 principals of the various schools. Such visits shall be regarded as informal expressions of28 interest in school affairs and not as “inspections” or visits for supervisory or administrative29 purposes.

30

31

Social Interaction32

Staff and Board members share a keen interest in schools and education. When they meet at33 social affairs and other functions, informal discussion about such matters as educational trends,34 issues, and innovations and general District problems can be anticipated. Discussions of35 personalities or staff grievances are not appropriate.

36

37

39

40

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

38 § 2 3 103, MCA Public Participation

Policy History:41

42

Adopted on: 06/20/13

Reviewed on:43 Revised on: 7/11/2244

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5

6

Board-Superintendent Relationship

The Board-Superintendent relationship is based on mutual respect for their complementary roles.7 The relationship requires clear communication of expectations regarding the duties and8 responsibilities of both the Board and the Superintendent.

9

10

The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District11 chief executive officer. The Board adopts policies necessary to provide the general direction for12 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-day14 operations.

15

16

17 18

Cross Reference: 6110 Superintendent19 20

Legal Reference: § 20-4-401, MCA Appointment and dismissal of district21 superintendent or county high school principal22 § 20-4-402, MCA Duties of district superintendent or county high23 school principal24

25

Policy History:26 Adopted on: 06/20/1327 Reviewed on:28 Revised on:29

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5

Trustee Expenses

Expenses for Board Members - In-District

8

A trustee shall not receive remuneration for service as a trustee. Trustees living more than three9 (3) miles from the meeting place shall be entitled to be reimbursed for mileage at the rate10 stipulated in § 2-18-503, MCA, for each mile of travel between their homes and the meeting11 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 the13 fiscal year, at the discretion of the trustee.

14

15

16

17

Expenses for Board Members at Out-of-District Meetings

Trustees normally attend workshops, training institutes, and conferences at both the state and18 national levels. The District will pay all legitimate costs for trustees to attend out-of-District19 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 from26 the trustee being away from Joliet;27

6. Incidental expenditures for tips and other necessary costs attributable to the trustee’s28 attendance at a meeting; however, the District will not reimburse or pay for such items as29 liquor, expenses of a spouse, separate entertainment, or other unnecessary expenditures.30 31 32

Cross Reference: 7336 Travel Allowances and Expenses

Policy History:36

Adopted on: 06/20/1337

Reviewed on:38

Revised on:39

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THE BOARD OF TRUSTEES 1610

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Annual Goals and Objectives

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Each year, during the month of June, the Board will formulate or review the annual objectives

7 for the District and will have available a written comprehensive philosophy of education with8 goals that reflect the District’s philosophy of education. The philosophy of education and goals9 shall be in writing and shall be available to all.

12 reflects the degree to which annual objectives have been accomplished.

At the conclusion of the year, the Superintendent shall submit a report to the Board which

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18

Legal Reference: 10.55.701, ARM Board of Trustees

Policy History:19

20

Adopted on: 06/20/13

Reviewed on:21

Revised on:22

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THE BOARD OF TRUSTEES 16213

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In-Service Conference for Trustees

In keeping with the need for continued boardsmanship development, the Board encourages the7 participation of its members at appropriate Board conferences, workshops, conventions, and8 District-sponsored in-service training sessions. Funds for participation at such meetings will be9 budgeted on an annual basis.

10 11 12

Policy History:14 Adopted on: 06/20/1315 Reviewed on:16 Revised on:17

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UniformComplaintProcedure

TheBoardestablishesthisUniformComplaintProcedureasameanstoaddresscomplaints7 arisingwithintheDistrict. ThisUniformComplaintProcedureisintendedtobeusedforall8 complaintsexceptthosegovernedbyaspecificprocessinstateorfederallawthatsupersedes9 thisprocessorcollectivebargainingagreement.Matterscoveredbyacollectivebargaining10 agreementwillbereviewedinaccordancewiththetermsoftheapplicableagreement.

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TheDistrictrequestsallindividualstousethiscomplaintprocedure,whentheindividual13 believestheBoardoritsemployeesoragentshaveviolatedtheindividual’srightsunderstateor14 federallaworBoardpolicy.Complaintsagainstabuildingadministratorshallbefiledwiththe15 Superintendent. ComplaintsagainsttheSuperintendentorDistrictadministratorshallbefiled

16 withtheBoard.

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TheDistrictwillendeavortorespondtoandresolvecomplaintswithoutresortingtothisformal19 complaintprocedureand,whenacomplaintisfiled,toaddressthecomplaintpromptlyand20 equitably.Therightofapersontopromptandequitableresolutionofacomplaintfiledhereunder21 willnotbeimpairedbyaperson’spursuitofotherremedies. Useofthiscomplaintprocedureis22 notaprerequisitetopursueotherremediesanduseofthiscomplaintproceduredoesnotextend23 anyfilingdeadlinerelatedtopursuitofotherremedies.

24 25

DeadlinesrequiringDistrictactioninthisproceduremaybeextendedforreasonsrelatedbutnot26 limitedtotheDistrict’sretentionoflegalcounselandDistrictinvestigatoryprocedures.27

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Level1: Informal29 30

Anindividualwithacomplaintisfirstencouragedtodiscussitwiththeappropriateemployeeor31 buildingadministratorwiththeobjectiveofresolvingthematterpromptlyandinformally. An32 exceptionisthatacomplaintofsexualharassmentshouldbediscusseddirectlywithan33 administratornotinvolvedintheallegedharassment.

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Level2: BuildingAdministrator36

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WhenacomplainthasnotbeenorcannotberesolvedatLevel1,anindividualmayfileasigned38 anddatedwrittencomplaintstating:(1)thenatureofthecomplaint;(2)adescriptionoftheevent39 orincidentgivingrisetothecomplaint,includinganyschoolpersonnelinvolved;and(3)the40 remedyorresolutionrequested. Thewrittencomplaintmustbefiledwithinthirty(30)calendar41 daysoftheeventorincidentorfromthedateanindividualcouldreasonablybecomeawareof42 sucheventorincident.Theapplicabilityofthedeadlineissubjecttoreviewbythe

43 Superintendenttoensuretheintentofthisuniformcomplaintprocedureishonored.

44

45

WhenacomplaintallegesviolationofBoardpolicyorprocedure,thebuildingadministratorwill46

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investigateandattempttoresolvethecomplaint. Theadministratorwillrespondinwritingtothe4 complaint,withinthirty(30)calendardaysoftheadministrator’sreceiptofthecomplaint.

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Ifthecomplainanthasreasontobelievetheadministrator’sdecisionwasmadeinerror,the

7 complainantmayrequest,inwriting,thattheSuperintendentreviewthe8 administrator’sdecision. (SeeLevel3.) ThisrequestmustbesubmittedtotheSuperintendent9 withinfifteen(15)calendardaysoftheadministrator’sdecision.

WhenacomplaintallegessexualharassmentoraviolationofTitleIXoftheEducation12 Amendmentsof1972(theCivilRightsAct),TitleIIoftheAmericanswithDisabilitiesActof13 1990,orSection504oftheRehabilitationActof1973,thebuildingadministratormayturnthe14 complaintovertoaDistrictnondiscriminationcoordinator. Thecoordinatorwillcompletean15 investigationandfileareportandrecommendationwiththeSuperintendent.Ifthecomplainant16 reasontobelievetheSuperintendent’sdecisionwasmadeinerror,thecomplainantmayrequest,17 inwriting,thattheBoardconsideranappealoftheSuperintendent’sdecision. (SeeLevel4.)

18 ThisrequestmustbesubmittedinwritingtotheSuperintendent,withinfifteen(15)calendar19 daysoftheSuperintendent’swrittenresponsetothecomplaint,fortransmissiontotheBoard.

20 21

Level3: Superintendent22 23

Ifthecomplainant appealstheadministrator’sdecisionprovidedforinLevel2,the24 Superintendentwillreviewthecomplaintandtheadministrator’sdecision.TheSuperintendent25 willrespondinwritingtotheappeal,withinthirty(30)calendar daysoftheSuperintendent’s26 receiptofthewrittenappeal. Inrespondingtotheappeal,theSuperintendentmay:(1)meetwith27 thepartiesinvolvedinthecomplaint;(2)conductaseparateorsupplementaryinvestigation;(3)28 engageanoutsideinvestigatororotherDistrictemployeestoassistwiththeappeal;and/or(4)29 takeotherstepsappropriateorhelpfulinresolvingthecomplaint.30

31

IfthecomplainanthasreasontobelievetheSuperintendent’sdecisionwasmadeinerror,the32 complainantmayrequest,inwriting,thattheBoardconsideranappealoftheSuperintendent’s33 decision. (SeeLevel4.) ThisrequestmustbesubmittedinwritingtotheSuperintendent,within34 fifteen(15)calendardaysoftheSuperintendent’swrittenresponsetothecomplaint,for35 transmissiontotheBoard.

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Level4: TheBoard38

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Uponwrittenappealofacomplaintallegingaviolationtheindividual’srightsunderstateor40 federallaworBoardpolicyuponwhichtheBoard ofTrusteeshasauthoritytoremedy,theBoard41 mayconsidertheSuperintendent’sdecisioninLevel2or3.Uponreceiptofwrittenrequestfor42 appeal,theChairwilleither:(1)placetheappealontheagendaofaregularorspecialBoard43 meeting,(2)appointanappealspanelofnotlessthanthreetrusteestoheartheappealandmake44 arecommendationtotheBoard,or(3)respondtothecomplaintwithanexplanationofwhythe45 appealwillnotbeheardbytheBoardofTrusteesinaccordancewiththispolicy. IftheChair46

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appointsapaneltoconsidertheappeal,thepanelwillmeettoconsidertheappealandthenmake4 writtenrecommendationtothefullBoard.TheBoardwillreportitsdecisionontheappeal,in5 writing,toallparties,withinthirty(30)calendar daysoftheBoardmeetingatwhichtheBoard6 consideredtheappealortherecommendationofthepanel. AdecisionoftheBoardisfinal,7 unlessitisappealedpursuanttoMontanalawwithintheperiodprovidedbylaw.8

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LegalReference: TitleIXoftheEducationAmendmentsof1972(CivilRightsAct)

TitleIIoftheAmericanswithDisabilitiesActof199011

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PolicyHistory:14

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Adoptedon: 06/20/13

§504oftheRehabilitationActof1973

Reviewedon:16 Revisedon: 06/11/2018,11/11/201917

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JOLIET PUBLIC SCHOOLS

1900 SERIES COVID-19 EMERGENCY POLICIES

TABLE OF CONTENTS

1901 School District Policy and Procedures

1902 Alternative Grading

1903 School District Meetings and Gatherings

1903F School District Meetings and Gatherings Public Notice

1904 Use of Transportation Funds

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

1908 Family Engagement

1908F Family Onsite Opt-Out Form

1909 Human Resources and Personnel

1909P Administrative Procedures for Personnel Telework

1910 Personnel Use of Leave

1911 School District Budget Adoption and Amendment and Audit

1912 School District Elections During Emergency

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Emergency Policy and Procedures

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Applicability of Emergency Policy Series

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 as10 codified at 1900 1999 in the district policy manual will govern in the event of any conflict or11 inconsistency between an emergency policy and other provision in the district policy manual. All other12 aspects of the district policy manual not affected by the provisions in the emergency policy series13 continue to be in full effect.

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Legal References

In the absence of a legal reference on an emergency policy adopted by the Board of Trustees, the policy is18 specifically based on the Board of Trustees authority to supervise and control the schools within the19 District in accordance with Article X, section 8 of the Montana Constitution20

21

Adoption and Amendment of Policies22 23

New or revised policies that are required or have required language changes based on State or Federal law24 or directive, required by administrative rule, or are required due to a declaration of emergency issued by25 the Board of Trustees or other state or federal agency official or legislative body may be adopted after the26 first (1st) reading if notice has been given through the board agenda provided to the trustees and public27 All new or amended policies adopted as part of the emergency policy series shall become effective28 immediately upon adoption; unless a specific effective date is stated in the motion for adoption.29 30

Suspension of Policies31

32

Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of33 the trustees present. To suspend a policy, however, all trustees must have received written notice of the34 meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such35 proposed suspension.

36 37

Administrative Procedures38 39

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent40 implementation of policies adopted by the Board of Trustees.

41 42

43

44 10.55.701, ARM Board of Trustees45 Title 20, Chapter 9 Part 8, MCA46

Legal References: § 20 3 323, MCA District policy and record of acts

Policy History:47

Adopted on: July 28, 202048

Reviewed on:49

Revised on:50

Terminated on:51

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Alternative Grading

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This policy is adopted as a temporary policy in accordance with the framework set by District7 Policy 1900 Temporary COVID 19 Policies and is intended to govern School District8 operations for the period affected by the COVID 19 health and safety measures implemented by9 the School District in response to an emergency declared by federal, state or local authorities.

11

Teachers will grade students’ work as usual in accordance with established classroom or course12 practices during the grading period in accordance with District Policy 2420 and the Employee13 Handbook.

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The default option for students and parents/guardians is the grade typically assigned for students16 in the grade level or class which may include an A F letter grade. Students and parents/guardians17 may choose to receive a Proficient/Fail or P/F grade in place of a grade typically assigned for the18 student’s courses. The P/F grade option can be requested by a student and parents/guardians no19 later than 10 calendar days after report cards have been sent to the parents/guardians by20 submitting a written request to the School District’s custodian of records.21 22

For students or parents/guardians who request a P/F grade, the School District will record the P/F23 designation using a Proficient definition in accordance with District Policy 1005FE, the School24 District’s COVID 19 Plan of Action as submitted to the Office of the Governor and/or while25 emergency declarations relating to COVID 19 are in place.26 27

Students earning course grades converted to a Proficient grade in this temporary P/F option for28 grading periods affected by COVID 19 health and safety measures will be granted credit for the29 course and the credit will count towards promotion or graduation requirements and extra30 curricular eligibility. Students earning a Fail designation in a course will not earn credit, will be31 subject to retention consideration, and, if applicable, will be subject to extra curricular eligibility32 consequences.

33 34

Grades converted to P/F will not be counted toward or against class honors or valedictorian35 status as outlined in Policy 2410P for classes of students graduating during or after 2020.36 37

The School District will include a designation on the students' transcripts indicating the38 extraordinary circumstances for any grading period affected by COVID 19 health and safety39 measures.

40

41

Policy 1005FE Proficiency Based Learning42

Cross Reference:

Policy 2410 2410P Graduation Requirements43

Policy 2420 Grading and Progress Reports44

Policy 2168 Distance Learning45

Policy 2421 Promotion and Retention46

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Legal Reference:

Section 20 1 301, MCA School fiscal year4

Section 20 9 311(4)(a)(b)(d), MCA Calculation of average number5 belonging6

Section 20 3 324, MCA Powers and duties7

Section 20 7 1601. Transformational learning8 10.55.906 ARM High School Credit9 10

11

Policy History:12

Adopted on: July 28, 202013 Reviewed on:14 Revised on:15 Terminated on:16

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School District Meetings, Gatherings, Events, and Visitors

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to ensure individuals present at a school facility for events8 or other operationally related reasons honor safety protocols. The supervising teacher, principal,9 superintendent or designated personnel are authorized to implement this policy in coordination10 with state and local health officials.

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School District Events

The Board of Trustees may authorize School District physical meetings, gatherings, and events15 when the event is deemed essential to district operations. Physical meetings, gatherings, and16 events shall not be held without prior authorization of the Board of Trustees.

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All attendees at physical meetings, gatherings, and events held on school property in an outdoor19 area including the stadium, field, or other open area designated by the Board of Trustees shall be20 required to honor the applicable health and safety protocols outlined in District Policy 190521 including, but not limited to, physical distancing. The School District shall provide suitable space22 for physical distancing to occur and, if practicable, markings and walking routes in the area23 where the event shall be held to preserve a safe event setting.24

25

Physical meetings, gatherings, and events shall be limited to 50 people when held inside a school26 building. All attendees at a meeting, gathering, or event authorized by the Board of Trustees held27 inside the school facility are required to honor the health and safety protocols outlined in District28 Policy 1905.29 30

Vulnerable individuals (defined by the Centers for Disease Control at the time of this policy’s31 adoption as those age 65 or older or those with serious underlying health conditions, including32 high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune33 system is compromised such as by chemotherapy for cancer and other conditions requiring such34 therapy) must not attend School District meetings, gatherings, or events held in accordance with35 this policy. Precautions must be taken to isolate from vulnerable individuals. The School District36 shall accommodate vulnerable individuals so they may participate in the meeting gathering or37 event via electronic means.38 39

Visitors to Schools40 41

Visitors to the interior of any school building shall not be permitted without the express approval42 of the supervising teacher, principal, superintendent or designated. Visitors that are authorized to43 be present in any school building must adhere to all health and safety guidelines outlined in44 District Policy 1905.45 46

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Volunteers1 2

Volunteers utilized by the School District that have been approved in accordance with District3 Policy 5430 may enter the school building in accordance with the protocols outlined in District4 Policy 1905.5

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Facilities Use Agreements

The Board of Trustees suspends community use of District facilities. Unless an event is9 specifically identified as necessary by the Board of Trustees, Facilities Use Agreements and10 other similar requests submitted in accordance with District Policy 4330 shall not be considered11 while this policy governs the period of a public health emergency.

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Enforcement

Visitors to any school building or any attendee at a meeting, gathering, or event authorized by16 the Board of Trustees in accordance with this policy who fail to honor the requirements of17 District Policy or the directives of School District officials shall be asked to correct their conduct18 or leave the meeting, gathering, or event in accordance District Policy 4315.19

20

Cross Reference: Policy 1901 School District Policy and Procedures21

Policy 1905 Student, Staff, and Community Health and Safety22

Policy 1400 Board Meetings23

Policy 5430 Volunteers24

Policy 4301 Visitors to Schools25

Policy 4332 Conduct on School Property26

Policy 4315 Visitor and Spectator Conduct27

Policy 4330 Community Use of School Facilities28 29 30 31

Policy History:32

Adopted on: July 28, 202033 Reviewed on:34 Revised on:35 Terminated on:36

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School Event and Facility Notice

The Board of Trustees has adopted the following notice to be posted at the entrance to school7 buildings and facilities that are holding an event or allowing visitors as authorized by the Board8 of Trustees in accordance with Policy 1903.9 10

SCHOOL EVENT AND FACILITY NOTICE11 12

Joliet School District has taken the precautionary measures adopted by the Board of13 Trustees, provided by the Governor of Montana, and directed by the Carbon County14 Health Department to protect against the possible spread of COVID 19 and related15 illnesses. These measures include but are not limited to cleaning and disinfecting16 protocols, physical distancing guidance, limitations on the number of people present for17 events, and use of personal protective equipment. There are no assurances these measures18 will prevent the spread of COVID 19 or related illnesses at this event or at this19 facility. By voluntarily entering this event or facility, attendees are acknowledging their20 specific awareness and knowledge that there are inherent risks of exposure at public21 gatherings and public facilities. These inherent risks that attendees specifically22 acknowledge include but are not limited to: injury; illness; hospitalization, chronic health23 issues arising out of COVID 19, quarantines of an unknown duration to be determined by24 governing authorities and death. Attendees acknowledge vulnerable individuals as25 defined by the Centers for Disease Control are at greater risk of serious complications26 from exposure. Attendees are advised to comply with physical distancing limits27 consisting of a minimum of 6 feet of distance from others at all times, are required to28 comply with all directives regarding use masks/face coverings while on school property,29 and are encouraged to use personal hand sanitizer before, during and after an30 event. Attendees confirm that they have reviewed, thoroughly understand and agree to31 comply with all guidance for the phased reopening of Montana issued by the Montana32 Governor’s Office. All School District Policies are in effect when attending this school33 event or otherwise accessing this facility. Any negligence arising out of your access to34 this facility or attendance at a school event shall be attributed to you as comparative35 negligence within the meaning of Section 27 1 702, MCA.36 37

OPTIONAL: To accommodate those that may not want to risk exposure during a public38 event, the School District is broadcasting the event at the _____________. Spectators39 may visit this site to watch the event without visiting the school facility.

40 41

Policy History:42

Adopted on: July 28, 202043

Reviewed on:44

Revised on:45

Terminated on:46

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COVID 19 Emergency Measures

Use of Transportation Funds During Periods of Emergency Declaration

7

Pursuant to guidance issued from the Office of Public Instruction, the Board of Trustees8 authorizes the following expenditures of its FY21 budgeted transportation funds that are in9 addition to traditionally authorized expenditures. The expenditures below are, as noted in OPI10 guidance, transportation services which provide instructional services to students.

11

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• Transportation of food and meals used in nutritional programs.13

• Purchase of equipment to ensure safety in food transportation.14

• Providing accessibility to student services for remote learning.15

• Providing instructional materials to students, including but not limited to internet service16 adequate to allow students to effectively access curriculum during periods of school17 closure.18

• Cost of instructional materials, supplies, and software licenses.19

• Costs of technological equipment needed for offsite instruction/correspondence study20 purchased by the school district and loaned to students without such equipment.21

• Cost of correspondence study.22

• Costs of providing services to students with an IEP or a plan adopted pursuant to section23 504 of the 1973 Rehabilitation Act.24

• Costs of time off or repurposed time for staff normally paid from the transportation fund.25

• Costs to contractors of transportation services.26

27

Cost Guidelines28

29

The Board of Trustees authorizes the Superintendent to exercise his/her professional judgment30 and discretion as to the necessity, quality and amount of all expenses referenced below.31 Aggregate costs of items below are to remain within the budget limits adopted by the board of32 trustees for the FY21 transportation budget, including any budget amendments adopted by the33 board of trustees prior to the completion of FY2134

35

• Any costs consistent with costs under normal operation, including costs referenced in any36 contract to which the district is a party.37

• Actual costs of delivering meals to students at locations authorized by any and all waivers38 of regular rules for school nutrition programs that have been adopted by the United States39 Department of Agriculture or the Office of Public Instruction.40

• Any costs consistent with and necessary to comply with an IEP or section 504 plan.41

• Actual costs of equipment, software and service necessary to bridge digital divides or42 provide a quality learning environment for students, including:43 44 45 46

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o Equipment necessary to provide wi fi in a student’s home, including any4 equipment qualifying for discount under the federal E Rate program5

o Equipment necessary to allow students to effectively participate in offsite6 instruction with an emphasis on ensuring opportunities for real time interactions,7 collaboration, and effective engagement in the learning process by students.8

§ Equipment purchased under this section may include any combination9 deemed necessary and appropriate by the Superintendent, including but10 not limited to mobile devices, tablets and laptops.11

§ Equipment purchased under this section shall become and remain the12 property of the District and shall be provided to students through a13 loan/checkout service developed by the Superintendent.14

o Software to ensure a safe and appropriate online learning experience by students15 of the district.

16

o Internet service at an adequate bandwidth to ensure full and effective use of17 instruction delivery and interaction methods employed by the district as part of its18 offsite learning program.19

§ If there are multiple internet service providers in the community, the board20 authorizes the Superintendent to choose either a single provider or to21 allocate/rotate selection from among all providers in the community22 meeting minimum bandwidth and other safety and quality standards23 deemed necessary and appropriate by the Superintendent.24 25 26

Cross Reference:

Policy 3612 District-Provided Access to Electronic Information,27 Services, and Networks28

Policy 3612P District Provided Access to Electronic Information,29 Services, and Networks Procedure30

Policy 3612F Internet Access Agreement31

Policy 3650 Montana Pupil Online Personal Information Protection Act32

Policy 3650F Montana Model Data Privacy Agreement33

Policy 2168.- Distance Learning34

Policy 2170 Montana Digital Academy35

Policy 2170P Montana Digital Academy Procedures36 37

Legal Reference: Section 20 10 101(5), MCA Transportation38 39

Policy History:40

Adopted on: July 28, 202041

Reviewed on:42

Revised on:43

Terminated on:44

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Student, Staff, and Community Health and Safety

The School District has adopted the protocols outlined in this policy during the term of the

13

7 declared public health emergency to ensure the safe and healthy delivery of education services8 provided to students on school property in accordance with Policy 1906, and a safe workplace9 when staff are present on school property in accordance with Policy 1909, and the safety, health10 and well being of parents and community members. The supervising teacher, principal,11 superintendent or designated personnel are authorized to implement the protocols in coordination12 with state and local health officials.

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Symptoms of Illness

Students and staff who are ill, feeling ill, diagnosed as ill, or otherwise demonstrating symptoms17 of illness must not come to school or work. Students who have a fever or are exhibiting other18 signs of illness must be isolated in a designated area until such time as parents or caregiver may19 arrive at the school to retrieve the ill student. All surfaces and areas should be thoroughly20 cleaned and disinfected once the student has vacated the area by staff utilizing safety measures in21 accordance with state and/or local health standards as applicable. Staff members will be provided22 access to leave in accordance with District Policy 1910 or the applicable Master Contract or23 Memorandum of Understanding.

24 25

Parents, guardians, or caregivers of students who are ill, feeling ill, diagnosed as ill, or otherwise26 demonstrating symptoms of illness must not be present at the school for any reason including but27 not limited events or gatherings or to drop off or pick up students excepted as provided by this28 policy. To avoid exposing others to illness, parents or caregivers who are ill must make29 arrangements with others to transport students to school or events, if at all practicable. If not30 practicable, parents, guardians or caregivers must not leave their vehicle during pickup or drop31 off and must arrange with District staff to supervise students in accordance with physical32 distancing guidelines in this Policy.

33 34 35

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Physical Distancing

To the extent possible, elementary school courses will be delivered to the same group of students38 each day, and the same teachers will remain with the same group in the same separate and39 designated room each day. If physical distancing is not possible during meal service and courses40 delivered in a separate area such as the library, gymnasium, and music room, the service or41 course will be delivered in the designated classroom for each group of students. Recess and use42 of playgrounds during recess are permitted on an adjusted schedule to maintain appropriate43 student groupings. Transportation services will be provided in accordance with cleaning and44 disinfection procedures outlined in this policy.45 46

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Face Coverings as Personal Protective Equipment

Staff and students may wear a mask while present in any school building. The School4 District does not require the use of masks and will not provide masks except in cases5 required by this policy or at the discretion of the administration. The Board of Trustees’6 decision to not require or provide masks is based on a review of the circumstances in the7 community and consultation with local health officials on issues including but not8 limited to the possibility of exposure and availability of masks.9

10

Allegations of harassment of any person wearing face coverings or those with recognized11 exemptions to the face covering requirement will be promptly investigated in accordance with12 District policy. A student, staff member, or visitor who, after an investigation, is found to13 engaged in behavior that violates District policy is subject to redirection or discipline.

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17

Cleaning and Disinfecting

School district personnel will routinely both clean by removing germs, dirt and impurities and18 disinfect by using chemicals to kill germs on all surfaces and objects in any school building and19 on school property that are frequently touched. This process shall include cleaning20 objects/surfaces not ordinarily cleaned daily.21 22

Personnel will clean with the cleaners typically used and will use all cleaning products according23 to the directions on the label. Personnel will disinfect with common EPA registered household24 disinfectants. A list of products that are EPA approved for use against the virus that causes25 COVID 19 is available from the supervising teacher or administrator. Personnel will follow the26 manufacturer’s instructions for all cleaning and disinfection products27

28

The District will provide EPA registered disposable wipes to teachers, staff, and secondary29 students so that commonly used surfaces (e.g., keyboards, desks, remote controls) can be wiped30 down before use. Supervising teacher or administrators are required to ensure adequate supplies31 to support cleaning and disinfection practices.

32 33

Student Arrival34 35

Hand hygiene stations will be available at the entrance of any school building, so that children36 can clean their hands before they enter. If a sink with soap and water is not available, the School37 District will provide hand sanitizer with at least 60% alcohol. Hand sanitizer will be kept out of38 elementary students’ reach and student use will be supervised by staff39

40

Temperature Screening41

42

Designated School District staff are authorized to test the temperature of students with an43 approved non-contact or touchless temperature reader. Students who have a fever or are44 exhibiting other signs of illness must be isolated in a designated area until such time as parents or45 caregiver may arrive at the school to retrieve the ill student All surfaces and areas should be46

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thoroughly cleaned and disinfected once the student has vacated the area by staff utilizing safety1 measures in accordance with state and/or local health standards as applicable.

3

When administering a temperature check on a possibly ill student, designated staff members will4 utilize available physical barriers and personal protective equipment to eliminate or minimize5 exposures due to close contact to a child who has symptoms during screening6

7

8 9

Healthy Hand Hygiene Behavior

All students, staff, and others present in the any school building will engage in hand hygiene at10 the following times, which include but are not limited to:11

• Arrival to the facility and after breaks12

• Before and after preparing, eating, or handling food or drinks13

• Before and after administering medication or screening temperature14

• After coming in contact with bodily fluid15

• After recess16

• After handling garbage17

• After assisting students with handwashing18

• After use of the restroom19

20

Hand hygiene includes but is not limited to washing hands with soap and water for at least 2021 seconds. If hands are not visibly dirty, alcohol based hand sanitizers with at least 60% alcohol22 can be used if soap and water are not readily available.

23 24

Staff members will supervise children when they use hand sanitizer and soap to prevent25 ingestion. Staff members will place grade level appropriate posters describing handwashing26 steps near sinks.27

28 29

Vulnerable Individuals30 31

Vulnerable individuals (defined by the Centers for Disease Control at the time of this policy’s32 adoption as those age 65 or older or those with serious underlying health conditions, including33 high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune34 system is compromised such as by chemotherapy for cancer and other conditions requiring such35 therapy) are authorized to talk to their healthcare provider to assess their risk and to determine if36 they should telework during the period of declared public health emergency.

37 38

Employees who have documented high risk designation from a medical provider are entitled to39 reasonable accommodation within the meaning of that term in accordance with the Americans40 with Disabilities Act and Section 504 as outlined in District Policy 5002. These accommodations41 may include but are not limited to teleworking in accordance with a work plan developed in42 coordination with and authorized by the supervising teacher, administrator or other designated43 supervisor. Such employees may also be eligible for available leave in accordance with the44 applicable policy or master agreement provision.45 46

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Food Preparation and Meal Service

Facilities must comply with all applicable federal, state, and local regulations and guidance4 related to safe preparation of food.

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6

7

8

9

10

11

12

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

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

Transportation Services

The Board of Trustees authorizes the transportation of eligible transportees to and from the13 school facility in a manner consistent with the protocols established in this policy. The14 transportation director and school bus drivers will clean and disinfect each seat on each bus after15 each use.

16

17

18 19

Public Awareness

The School District will communicate with parents, citizens, and other necessary stakeholders20 about the protocols established in this policy and the steps taken to implement the protocols21 through all available and reasonable means.

22

23

24

25

Confidentiality

This policy in no way limits or adjusts the School District’s obligations to honor staff and student26 privacy rights. All applicable district policies and handbook provision governing confidentiality27 of student and staff medical information remain in full effect.28

29

30

31

Transfer of Funds for Safety Purposes

The Board of Trustees may transfer state or local revenue from any budgeted or non budgeted32 fund, other than the debt service fund or retirement fund, to its building reserve fund in an33 amount not to exceed the school district's estimated costs of improvements to school and student34 safety and security to implement this policy in accordance with District Policy 1006FE.

35

36

Legal Reference: Governor Directive implementing Executive Orders 2 2020 and 3 202037

Face Coverings August 12, 2020.38 39

40

41

Cross Reference:

Policy 1901 School District Policy and Procedures

Policy 1906 Student Services and Instructional Delivery

Policy 1907 Transportation Services42

Policy 1006FE Transfer of Funds for Safety Purposes43

Policy 3410 Student examination and screenings44

Policy 3417 Communicable Diseases45

Policy 3431 Emergency Treatment46

© 2020 MTSBA

Policy 1911 Personnel Use of Leave1

Policy 1910 Human Resources and Personnel2

3

4

Policy 4120 Public Relations

Policy 5002 Accommodating Individuals with Disabilities

Policy 5130 Staff Health5

Policy 5230 Prevention of Disease Transmission6

Policy 6110 Superintendent Authority7

8

Policy 6122 Delegation of Authority

Policy History:9 Adopted on: July 28, 202010 Reviewed on:11 Revised on: 7/11/2212 Terminated on:13

© 2020 MTSBA

2

Joliet Public Schools

COVID 19 Emergency Measures

4

5

Student Instruction and Services

6

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to ensure the delivery of education services to students8 onsite at the school, offsite at other locations using available resources including but not limited9 to online methods The supervising teacher, principal, superintendent or designated personnel are10 authorized to implement this policy.

11

12

As outlined in District Policy 2100, and except for students determined by the School District to13 be proficient using School District assessments, the adopted calendar has a minimum number of14 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 of18 onsite, offsite, and online instruction The District administration is directed to ensure that all19 students are offered access to the complete range of educational programs and services for the20 education program required by the accreditation standards adopted by the Montana Board of21 Public Education.22

23

For the purposes of this policy and the School District’s calculation of ANB and “aggregate24 hours of instruction” within the meaning of that term in Montana law, the term “instruction”25 shall be construed as being synonymous with and in support of the broader goals of “learning”26 and full development of educational potential as set forth in Article X, section 1 of the Montana27 Constitution. Instruction includes innovative teaching strategies that focus on student28 engagement for the purposes of developing a students’ interests, passions, and strengths. The29 term instruction shall include any directed, distributive, collaborative and/or experiential learning30 activity provided, supervised, guided, facilitated or coordinated by the teacher of record in a31 given course that is done purposely to achieve content proficiency and facilitate the learning of,32 acquisition of knowledge, skills and abilities by, and to otherwise fulfill the full educational33 potential of each child34 35

Staff shall calculate the number of hours students have received instruction as defined in this36 policy through a combined calculation of services received onsite at the school or services37 provided or accessed at offsite or online instructional settings including, but not limited to, any38 combination of physical instructional packets, virtual or electronic based course meetings and39 assignments, self directed or parent assisted learning opportunities, and other educational efforts40 undertaken by the staff and students that can be given for grade or credit. Staff shall report

41 completed hours of instruction as defined in this policy to the supervising teacher, building42 principal, or district administrator for final calculation.

43 44 45 46

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3

Students shall receive grades for completed coursework in accordance with the grading scale for4 the individual staff member or the alternative grading procedures outlined in District Policy5 1902.6

7

10

The Board of Trustees may revise the school calendar to adjust the completion of the school year8 for particular grade levels and groups once students have satisfied the required number of9 applicable aggregate hours.

11

In order to comply with the requirements of the calendar, District Policy and Section 20 1 301,12 MCA, the District shall implement the instructional schedules and methods identified in this13 policy.

14

15

16 17

Proficiency Based Learning

The Board of Trustees authorizes proficiency-based ANB calculation in situations when a18 student demonstrates proficiency in a course area as determined by the Board of Trustees using19 district assessments consistent with the School District’s adopted Plan of Action, District Policy20 1005FE, or other measures approved by the Board of Trustees during the course of a school year21 affected by a public health emergency22

23

The Board of Trustees waives the minimum number of instructional hours for students who24 demonstrate proficiency in a course area using district assessments that include, but are not25 limited to, the course or class teacher’s determination of proficiency as defined by the Board of26 Trustees. This determination shall be based on a review of the student’s completed coursework,27 participation in course delivery, and other methods applicable to the specific course or class. The28 Board of Trustees authorizes the use of the proficiency determination process for students who29 have selected this method of delivery, students for whom the School District is unable to30 document satisfaction of the required minimum aggregate number of hours through the offsite or31 onsite methods outlined in this policy, or other students whom School District personnel32 determine satisfy the definition of proficient or meeting proficiency.33

34

This provision is based in the declaration by the Montana Legislature that any regulation35 discriminating against a student who has participated in proficiency based learning is36 inconsistent with the Montana Constitution.

37

38

39 40

Special Education and Accommodation of Disabilities or Diagnoses

Students shall receive services in accordance with the applicable Individualized Education Plan41 or Section 504 Plan based on methods and locations agreed upon and documented by the42 applicable team to meet the student’s needs and goals. The supervising teacher or building43 administrator shall coordinate with parents and the special education staff or cooperative to44 ensure all applicable statutes are followed in accordance with U.S. Department of Education45 guidelines.46

© 2020 MTSBA 19061 Page 2 of 52

1

2

Student Attendance

3

The Board of Trustees authorizes the supervising teacher, building principal or district4 administration to set an attendance policy for students that takes into account the location of5 instructional services, the applicability of proficiency based instruction, the student’s grade level,6 and the health and safety of the student and their household. Students are expected to complete7 assigned work. If a student is not present for the instructional day, the student shall be permitted8 to complete all work assigned by the teacher if not present for instruction within a reasonable9 period of time determined by the teacher. Students shall not lose credit or incur a grade10 reduction for reasons related to attendance without good reason as determined by the Board of11 Trustees.

12

13

14

15

Student Safety and Counseling

Students shall have access to regular school counseling services whether their instruction is16 provided in an onsite, offsite or online setting. Staff shall promptly report any suspected student17 distress or concern to their supervisor for review and referral. Students receiving instruction in18 an offsite setting are governed by the staff obligation to report suspected child abuse or neglect.19

20

21 22

Homeless Students and Students in Foster Care

This policy in no way limits or adjusts the School Districts obligations to homeless students or23 students in foster care. Applicable District policies serving these students or this population of24 students remain in full effect.25 26

Student Discipline27

28

This policy in no way limits or adjusts the School District’s expectations for student conduct.29 All applicable district policies and handbook provisions governing student conduct remain in full30 effect.31

32

2020/2021 School Schedule and Calendar33 34

It is the objective of the Board of Trustees to ensure the proactive operations of the School35 District during a public health emergency by: (1) meeting the educational needs of the students;36 (2) complying with all applicable statues and rules pertaining to the aggregate hours of37 instruction; and 3) identifying and implementing innovative methods to meet educational and38 other needs of each student in the School District.39

40

Legal Reference: Article X, Section 1, Montana Constitution41

Section 20 1 101, MCA Definitions42

Section 20 1 301, MCA School Fiscal Year43

Section 20-9-311, MCA Calculation of Average Number Belonging44

Section 20 7 118, MCA Offsite Provision of Educational Services45

Section 20 7 1601, MCA Transformational Learning Legislative Intent46

© 2020 MTSBA

1

2

ARM 10.55.906(4)) High School Credit

Cross Reference: Policy 1005FE Proficiency Based Learning3

4

Policy 1902 Alternative Grading

Policy 1905 Staff, Student, and Community Health and Safety5

Policy 2100 School Calendar6

Policy 2140 Guidance and Counseling7

Policy 2161 Special Education8

Policy 2168 Distance Learning9

Policy 2410 Graduation10

Policy 2420 Grading and Progress Reports11

Policy 2421 Promotion and Retention12

Policy 2150 Suicide Training and Awareness13

Policy 3125 Homeless Students14

Policy 3122 Attendance Policy15

16

Policy History:17

Policy 3310 Student Discipline

Adopted on: July 28, 202018

Reviewed on:19

Revised on:20

Terminated on:21

© 2020 MTSBA

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Joliet Public Schools

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1906P3

4

COVID 19 Emergency Measures

5

Student Instruction Resources and Best Practices

6

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 a8 program providing fewer than the required aggregate hours of pupil instruction under subsection9 (4)(a) or (4)(b) if the pupil has demonstrated proficiency in the content ordinarily covered by the10 instruction as determined by the school board using district assessments. The ANB of a pupil11 under this subsection (4)(d) must be converted to an hourly equivalent based on the hours of12 instruction ordinarily provided for the content over which the student has demonstrated13 proficiency.”

14

15

Proficiency or satisfying aggregate hours of instruction can be achieved through an on site, off16 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 in19 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 learning23 opportunities. With Policy 1904, districts may utilize transportation funds to facilitate24 internet and device access to students currently without.25

• Provide weekly learning agendas communicated to students and parents26

• Set student meetings, teacher office hours, assignment expectations, and grades available27 on an established schedule. Districts may consider Policy 1902 Alternative Grading.28

• Establish whole group virtual “class time” and/or opportunities for small group learning29

o Post assignments online early and for the entire week.30

§ During this time of challenge, providing structure and certainty will31 support academic, mental and emotional health.32

o Students should receive some form of communication from the school community33 at least once per day.34

35

Set Expectations

• With students and parents/guardians set expectations and acknowledgment of the36 importance for ownership of student learning37

• 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 toward40 goals.41

• Survey students and parents/guardians to make adjustments to lessons. Remember to be42 flexible time learning software, apps, etc. should be considered part of learning.43 44

© 2020 MTSBA

5

Differentiated Instruction & Learning Models

• Embed experiential learning that fosters a learning environment that promotes6 connections. Districts participating in Transformational Learning funding can utilize their7 Strategic Plan as a guiding document and adapt to a virtual environment.8

• Social Emotional Learning and connections9

o Begin the day by connecting with students a Brain Teaser or an exercise for10 students to share a topic of interest or something from home with others.11

• Record lessons12

o Lessons should come with visual substance and multiple types of instruction to13 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 a18 product which encompasses a variety of subject areas.19

o Encourage creativity.20

o Consider pointing students to the right resources (videos, websites, files) and21 allow them to be contributors to their own learning Creation of a science22 project writing, demonstration of items needed, YouTube video with the end23 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 with26 pictures27

o Project based learning presents opportunities for cross subject collaboration and28 flexibility in ways to show student learning.29

30

Demonstrating Learning

• Provide video meeting and messaging capabilities to engage students in multiple31 mediums to show learning32

• Provide daily feedback to address academic growth and monitor and improve social33 emotional wellness.

34

o Clearly communicate to ensure students and parents are aware of the importance35 of this mutual feedback.36

• Opportunity for MAP testing/Unit testing for subject areas37

• Formative assessments can guide instruction and provide multiple opportunities for38 feedback and identifying gaps in student learning and instruction through a low stress39 medium.40

© 2020 MTSBA 1 1906P2 Page 2 of 33 4
41 42

4

Legal Reference:

Section 20 1 101, MCA Definitions5

Section 20 1 301, MCA School Fiscal Year6

Section 20 9 311, MCA Calculation of Average Number Belonging7

Section 20 7 118, MCA Offsite Provision of Educational Services8

Section 20 7 1601, MCA Transformational Learning Legislative Intent9

ARM 10.55.906(4)) High School Credit10 11

Policy 1005FE Proficiency Based Learning12

Cross Reference:

Policy 1902 Alternative Grading13

Policy 1905 Staff, Student, and Community Health and Safety14

Policy 2100 School Calendar15

Policy 2140 Guidance and Counseling16

Policy 2161 Special Education17

Policy 2168 Distance Learning18

Policy 2410 Graduation19

Policy 2420 Grading and Progress Reports20

Policy 2421 Promotion and Retention21

Policy 2150 Suicide Training and Awareness22

Policy 3125 Homeless Students23

Policy 3122 Attendance Policy24

Policy 3310 Student Discipline25 26 27

Policy History:28

Adopted on: July 28, 202029 Reviewed on:30 Revised on:31 Terminated on:32

© 2020 MTSBA 1 1906P2 Page 3 of 33

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Joliet Public Schools

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19073

4

COVID 19 Emergency Measures

5

6

School District Declaration of Emergency

The Board of Trustees is authorized to declare that a state of emergency exists within the7 community. A declaration issued by the Board of Trustees is distinct from any declaration in8 effect or previously issued by local, state or federal authorities. An emergency declaration issued9 by the Board of Trustees authorizes the School District to take extraordinary measures to protect10 students and staff while delivering education services in a manner authorized by law. The11 method and location of instruction and related educational services shall be implemented in a12 manner that serves the needs of students, their families, and staff and preserves the School13 District’s full entitlement of funding.14 15

Section 20 9 801 802, MCA Emergency School Closure16

Legal Reference:

Section 20 9 806, MCA School closure by declaration of17 emergency18

Section 20 9 805. Rate of reduction in annual19 apportionment entitlement.20 21

Policy History:22 Adopted on: July 28, 202023 Reviewed on:24 Revised on:25 Terminated on:26

© 2020 MTSBA

Joliet Public Schools2

COVID-19 Emergency Measures 19084 5

Family Engagement6

7

The Board of Trustees authorizes the supervising teacher or district administrator to provide8 Policy 1908F to families requesting to opt out of onsite instruction at the school facility for the9 duration of the declared public health emergency.10

11

Students of families opting out of onsite instruction at the school facility shall receive offsite,12 online, and proficiency-based instruction, or any combination of the foregoing at the discretion13 of the School District in accordance with District Policy 1906. School District staff shall arrange14 for any combination of physical instructional packets, virtual or electronic based course meetings15 and assignments, self directed or parent/guardian assisted learning opportunities, and other16 educational efforts available to staff and students that can be relied upon for grade or credit in17 order to satisfy the minimum aggregate number of hours or determination of proficiency for the18 requesting student. Students determined to be proficient in one or more courses of the district19 shall be incorporated in the School District’s calculation of ANB, with such ANB fraction to be20 converted to an hourly equivalent based on the hours of instruction ordinarily provided for the21 content over which the student has demonstrated proficiency.22 23

Students of families opting out of onsite delivery shall be treated the same as students instructed24 at the school facility for purposes of grading, discipline, and other educational rights.25 26

Legal Reference: Section 20-1-101, MCA Definitions27

Section 20 1 301, MCA School Fiscal Year28

Section 20 9 311, MCA Calculation of Average Number Belonging29

Section 20 7 118, MCA Offsite Provision of Educational Services30

Section 20 7 1601, MCA Transformational Learning Legislative Intent31

ARM 10.55.906(4)) High School Credit32 33

Policy 1906 Student Instruction and Services34

Cross Reference:

Policy 1908F Family Onsite Opt Out Form35 36

Policy History:37

Adopted on: July 28, 202038

Reviewed on:39

Revised on:40

Terminated on:41

© 2020 MTSBA 1
3

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Joliet Public Schools

COVID-19 Emergency Measures

Family Onsite Instruction Opt-Out Form

A family who does not want their student to receive instruction and educational services onsite at the9 school may request to have instruction completed offsite and/or online by completing this form.10 11

Students of families opting out of onsite instruction at the school facility shall receive offsite, online, and12 proficiency based instruction, or any combination of the foregoing at the discretion of the School District13 in accordance with District Policy 1906. School District staff shall arrange for any combination of14 physical instructional packets, virtual or electronic based course meetings and assignments, self directed15 or parent/guardian assisted learning opportunities, and other educational efforts available to staff and16 students that can be relied upon for grade or credit in order to satisfy the minimum aggrega te number of17 hours or determination of proficiency for the requesting student. Students determined to be proficient in18 one or more courses of the district shall be incorporated in the School District’s calculation of ANB, with19 such ANB fraction to be converted to an hourly equivalent based on the hours of instruction ordinarily20 provided for the content over which the student has demonstrated proficiency.21 22 23

I, ______________, Parent or Guardian of, ___________ a student enrolled at Joliet School District,24 request my student receive educational services and instruction at an offsite location and/or for the25 duration of the declared public health emergency in a manner consistent with the methods identified by26 the School District.27 28

I understand my student is expected to complete all assigned work and return it to the teacher in order to29 receive credit toward a grade to be considered for promotion or credit and in accordance with Policy30 1902, if applicable. I further understand that failure to complete work assigned may result in a31 determination that my student will be retained or otherwise not earn credit.32 33 34 35 36 Parent Date37 38

Section 20 1 101, MCA Definitions39

Legal Reference:

Section 20 1 301, MCA School Fiscal Year40

Section 20-9-311, MCA Calculation of Average Number Belonging41

Section 20 7 118, MCA Offsite Provision of Educational Services42

Section 20 7 1601, MCA Transformational Learning Legislative Intent43

ARM 10.55.906(4)) High School Credit44 45

Policy History:46 Adopted on: July 28, 202047

Reviewed on:48

Revised on:49 Terminated on:50

© 2020 MTSBA
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1908F3 4 5
6 7

5

Joliet Public Schools

COVID 19 Emergency Measures

Human Resources and Personnel

6

10

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to ensure clear expectations for District staff while8 completing their duties in a safe and healthy workplace. The supervising teacher, principal,9 superintendent or designated personnel are authorized to implement this policy.

11 12

Work Schedule and Assignment for Certified Staff13 14

The working conditions for the certified staff shall be governed by a Collective Bargaining15 Agreement and any applicable Memorandum of Understanding between the Unit and the School16 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 and18 related directives from the administration unless there is a provision of a Collective Bargaining19 Agreement or an applicable Memorandum of Understanding that specifically governs instead of20 the policy.21 22 23

Work Schedule and Assignment of Duties for Classified Staff24 25

In accordance with the individual employment contracts issued to classified staff, the District26 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 in28 their workday or duties. Classified staff shall comply with the emergency policies adopted by the29 Board of Trustees and related directives from the administration.30

31 32

Personal Conduct33 34

This policy in no way limits or adjusts the School District’s expectations for staff conduct. All35 applicable district policies and handbook provision governing staff conduct remain in full effect36 37 38

Student Services39 40

Students shall have access to regular instructional services whether their instruction is provided41 in an onsite, offsite, or online setting. Staff shall promptly report any suspected violation of42 School District Policy or concern about student health, well being, or safety to their supervisor43 for review and referral. Students receiving instruction in an offsite or online setting are governed44 by all applicable laws, including the staff obligation to report suspected child abuse or neglect.45 46

© 2020 MTSBA
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2

3

Compensation and Benefits

Staff shall continue to earn regular compensation and benefits during the period of declared4 public health emergency. Payroll dates and schedules are not affected by an applicable public5 health emergency.

6

7

8

Evaluation of Staff9 10

The Board of Trustees authorizes the administration to adjust or waive the schedule for11 evaluation of staff to accommodate the changes to the school calendar in response to a public12 health emergency unless there is a Collective Bargaining Agreement or Memorandum of13 Understanding specifying the evaluation process of a member of a bargaining unit.

14

15

16

Cross Reference: Policy 1905 Student, Staff and Community Health and Safety17

Policy 1906 Student Instruction18

Policy 5140 Classified Assignment19

Policy 5210 Assignments and Transfers20

Policy 5221 Work Day21

Policy 5232 Abused and Neglected Child Reporting22

Policy 5255 Disciplinary Action23

Policy 5223 Personal Conduct24

Policy 5012 Sexual Harassment25

Policy 5015 Bullying and Intimidation26

Policy 5130 Staff Health27

Policy 5230 Prevention of Disease Transmission28

Policy 5222 Evaluation of Certified and Classified Staff29 30

Policy History:31

Adopted on: July 28, 202032

Reviewed on:33

Revised on:34 Terminated on:35

© 2020 MTSBA 1

5

Joliet Public Schools

COVID 19 Emergency Measures

Administrative Procedures for Employee Telework

1. Joliet School District recognizes telecommuting as a voluntary work plan, agreed upon7 between the School District, and the employee, in which the employee works at an8 alternative worksite on a regular basis on a specified schedule.9 10

2. Telecommuting is an accommodation and not a District wide benefit; and it in no way11 changes the terms and conditions of employment.12

13

3. Not all School District jobs are suitable for telecommuting/teleworking.14 15

4. The supervisor, in consultation with the Superintendent, will approve or deny16 telecommuting requests after considering several factors, including, but not limited to:17 18

a. Is the position suitable for telecommuting?19

b. Does the employee consistently demonstrate work habits that are well suited to20 telecommuting, including, but not limited to self motivation, self discipline, the21 ability to work independently; a demonstrated commitment to effective use of22 technology; and a demonstrated record of meeting established performance23 expectations?24

c. Does the telework plan meet the needs of students and serve School District’s25 business and operational needs?26

d. Has the employee identified a sufficient basis to require an accommodation27 through a telework plan?28

e. Does the employee demonstrate a commitment to and assurance of providing29 students and colleagues with reliable, high quality and efficient/timely service,30 commensurate with the School District’s strategic plan?31

f. Does the employee have a plan for overcoming any potential loss of impact on32 and benefit from personal interactions with colleagues and students?33

g. Does the employee have a plan for addressing equity and adequacy of workloads34 among colleagues?35 36

5. The employment relationship for an employee telecommuting stays the same as for37 employees not working from an alternative worksite. Compensation does not change, and38 employees are expected to follow all existing job requirements, School District policies,39 guidelines and expectations that are in effect in the main office. In addition, the employee40 shall honor the following guidelines:41

a. Be available by phone and e mail during normal work hours. Absences (including42 unavailability during work hours) must be pre approved.43

b. Promptly notify the supervisor when unable to perform work assignments due to44 illness, equipment failure, or other unforeseen circumstances.45 46

© 2020 MTSBA
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6

c. Alter their schedule to attend mandatory meetings or other situations needing a4 physical presence and/or as needed by the supervisor or executive director.5

d. Assure the alternative worksite is adequate and safe and has sufficient phone6 service; a secure internet connection with enough speed to perform work; and that7 confidential information will be safeguarded.8

e. Use, exclusively, the computer and software provided and configured with9 security software by the School District.10

f. Have adequate dependent care arrangements in place to ensure the employee’s11 ability to telecommute.

12

g. Report, at once, to their supervisor any injury that occurs at the alternative site13 during work hours.

14

h. Refrain from having in person meetings or instruction at the alternative worksite15 unless pre approved by their supervisor.

16 17

7. Supervisors will regularly check employee compliance with the telecommuting18 agreement, relevant policies and guidelines, performance standards, expectations for19 work products, productivity and time accountability.20 21

8. Telecommuting plans are subject to change at the discretion of the School District.22 23

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Joliet Public Schools

COVID 19 Emergency Measures

Personnel Use of Leave

10

The School District has adopted the protocols outlined in this policy to govern during the term of7 the declared public health emergency to inform School District staff about leave options. The8 supervising teacher, principal, superintendent or designated personnel are authorized to9 implement this policy.

11 12

District Leave13 14

School District staff may utilize accumulated leave granted in accordance with Montana law,15 District policy, a Collective Bargaining Agreement, or applicable Memorandum of16 Understanding through the regular procedures governing the type of leave requested.

17 18 19

20 21

Federal Law Controls Federal Leave Provisions

The Board of Trustees has adopted this policy and related forms on the referenced date based on22 the law and available federal and state guidance as of the date of such adoption. Federal and23 state guidance can change following adoption of this policy and forms. To the extent that any24 subsequently adopted guidance or federal regulation or other controlling interpretation of the law25 results in a conflict between such guidance, regulation or controlling interpretation and this26 policy or forms, the provisions of the guidance, regulation or controlling interpretation controls27 to the extent of any such conflict. The School District shall take reasonable steps to ensure that28 staff are notified of any change in guidance or federal regulation or other controlling29 interpretation of the law that creates a conflict with any provision of this policy of forms.30 31 32

33 34

Emergency Paid Sick Leave

In accordance with Federal law, employees may be eligible for two weeks of paid sick leave35 capped at 80 hours paid at the employee's regular rate of pay when the employee is unable to36 work because the employee is quarantined in accordance with a Federal, State, or local37 government order or advice of a health care provider, and/or experiencing COVID 19 symptoms38 and seeking a medical diagnosis.39 40

Employees may be eligible for two weeks of paid sick leave capped at 80 hours paid at two41 thirds the employee's regular rate of pay because the employee is unable to work because of a42 bona fide need to care for an individual subject to quarantine in accordance with a Federal, State,43 or local government order or advice of a health care provider, or to care for a child under 1844 years of age whose school or child care provider is closed or unavailable for reasons related to45 COVID 19, and/or the employee is experiencing a substantially similar condition as specified by46

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5

2

4

6

the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury5 and Labor.

7

Eligible employees may request leave available under the Families First Coronavirus Response8 Act by completing Policy 1910F1 Emergency Paid Sick Leave9 10 11

12 13

Emergency Family Medical Leave

Employees may be eligible for up to an additional 10 weeks of paid expanded family and14 medical leave at two thirds the employee's regular rate of pay when the employee, who has been15 employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to16 care for a child whose school or child care provider is closed or unavailable for reasons related to17 COVID-19.18 19

Eligible employees may request leave available under the Families First Coronavirus Response20 Act by completing Policy 1910F2 Emergency Family Medical Leave.21 22

Legal Reference: Families First Coronavirus Response Act23 24

Cross Reference: Policy 1910F1 Emergency Paid Sick Leave Form25

Policy 1910F2 Emergency Family Medical Leave Form26

Policy 1909 Human Resources and Personnel27

Policy 5321 Leaves of Absence28

Policy 5328 Family Medical Leave Act29

Policy 5329 Long Term Illness30

Policy 5330 Maternity and Paternity Leave31

Policy 5334 Vacations32 33 34

Policy History:35

Adopted on: July 28, 202036

Reviewed on:37

Revised on:38 Terminated on:39

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Joliet Public Schools

COVID 19 Emergency Measures 19113

4

5

School District Budget Adoption, Amendment and Audit

6

The period of the school fiscal year affected by the declared public health emergency shall be the7 longer of the portion of the school fiscal year covered by an emergency declared by the8 President, Congress, Governor, Montana Legislature, State or County Health Department or the9 portion of the school fiscal year identified in the board’s declaration of an emergency. The10 School District shall avail itself of all flexibilities allowed by law, rule, or regulation and shall be11 otherwise governed by the school finance laws and rules of the state of Montana. The School12 District shall comply with auditing requirements and reserves the authority to assert its rights to13 manage school district funds or seek state and federal funds in a manner consistent with the full14 flexibility available under all applicable laws.

15

16

Legal Reference: Article X, section 8 Montana Constitution17

Title 20, Chapter 9, Part 8, Montana Code Annotated18 19

Policy History:20 Adopted on: July 28, 202021 Reviewed on:22 Revised on:23 Terminated on:24

© 2020 MTSBA
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Joliet Public Schools

2

19123

4

COVID 19 Emergency Measures

School District Elections Rescheduled Due to Emergency5

6

The County Superintendent may cancel the School District’s election due to an emergency7 declared by the Governor. As soon as convenient after the declaration of a state of emergency or8 disaster is terminated, the trustees of the district shall set a new date for the election. Notice of9 such election shall be published for 7 consecutive days in a newspaper of general circulation in10 the district and posted for 7 days at district polling places. All applicable deadlines governing11 school election procedures in Montana law shall be reset and calculated based on the date of12 rescheduled election.

13

14

Legal Reference: Section 20 20 108, MCA Rescheduling Of School Election Canceled15 Due To Declaration Of State Of Emergency Or Disaster16

Title 20, Chapter 20, MCA17 18 19

Policy History:20 Adopted on: July 28, 202021 Reviewed on:22 Revised on:23 Terminated on:24

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JOLIETSCHOOLDISTRICT

2000SERIES INSTRUCTION

TABLEOFCONTENTS

R 2000 Goals

R 2100 SchoolYearCalendarandDay

R 2105 GradeOrganization

R 2120 CurriculumDevelopmentandAssessment 2123 LessonPlan 2130 ProgramEvaluationandDiagnosticTests

R 2132 StudentandFamilyPrivacyRights 2140 GuidanceandCounseling 2150 SuicideAwarenessandPrevention 2151 InterscholasticActivities 2151F AssumptionofRiskForm

R 2160-2160P TitleIParentInvolvement

R 2161-2161P SpecialEducation

R 2162-2162P Section504oftheRehabilitationActof1973(“Section504”) 2163 TrafficEducation 2166 GiftedProgram 2167 CorrespondenceCourses 2168 DistanceLearningCourses 2221 SchoolClosure

R 2250 CommunityandAdultEducation

R 2309 LibraryMaterials

R 2310-2310P SelectionofLibraryMaterials

R 2311 InstructionalMaterials

R 2311P Selection,Adoption,andRemovalofTextbooksandInstructional Materials

R 2312 Copyright

R 2312P CopyrightCompliance

R 2314 LearningMaterialsReview 2320 FieldTrips,Excursions,andOutdoorEducation

R 2330 ControversialIssuesandAcademicFreedom 2332

ReligionandReligiousActivities

R 2333 ParticipationinCommencementExercises 2335 HealthEnhancement 2410-2410P HighSchoolGraduationRequirements

R 2413 CreditTransferandAssessmentforPlacement 2420 GradingandProgressReports 2421 PromotionandRetention

R 2450 RecognitionofNativeAmericanCulturalHeritage

SchoolWellness

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Joliet Public Schools

The District’s educational program will seek to provide an opportunity for each child to develop

to his or her maximum potential. The objectives for the educational program are:

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

To develop an awareness of and appreciation for cultural diversity.

To stimulate intellectual curiosity and growth.

To provide fundamental career concepts and skills.

To help the student develop sensitivity to the needs and values of others and respect for

individual and group differences.

To help each student strive for excellence and instill a desire to reach the limit of his or

her potential.

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

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

The administrative staff is responsible for apprising the Board of the educational program’s21 current and future status. The Superintendent should prepare an annual report that includes:22

A review and evaluation of the present curriculum;

A projection of curriculum and resource needs;25

An evaluation of, and plan to eliminate, any sexual, cultural, ethnic, or religious bias that26 may be present in the curriculum or instructional materials and methods;

A plan for new or revised instructional program implementations; and28

A review of present and future facility needs.

Legal Reference: 10.55.701, ARM Board of Trustees

Policy History:

Adopted on: 06/20/13

Reviewed on:

Revised on:

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School Year Calendar and Day

School Calendar7

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Subject to §§ 20-1-301 and 20-1-308, MCA, and any applicable collective bargaining agreement9 covering the employment of affected employees, the trustees of a school district shall set the10 number of hours in a school term, the length of the school day, and the number of school days in11 a school week. When proposing to adopt changes to a previously adopted school term, school12 week, or school day, the trustees shall: (a) negotiate the changes with the recognized collective13 bargaining unit representing the employees affected by the changes; (b) solicit input from the14 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.

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Commemorative Holidays

Teachers and students will devote a portion of the day on each commemorative holiday20 designated in § 20-1-306, MCA, to study and honor the commemorated person or occasion. The21 Board may from time to time designate a regular school day as a commemorative holiday.22 23

Saturday School24

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Pupil instruction may be held on a Saturday at the discretion of a school district for the purpose26 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; and28 (b) student attendance is voluntary.29 30

School Fiscal Year31

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At least the minimum number of aggregate hours must be conducted during each school fiscal33 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; and37 (d) 1,050 hours may be sufficient for graduating seniors.38 39

In addition, seven (7) pupil instruction-related days may be scheduled for the following40 purposes:41

1. Pre-school staff orientation for the purpose of organization of the school year;42

2. Staff professional development programs (minimum of three (3) days);43

3. Parent/teacher conferences; and44

4. Post-school record and report (not to exceed one (1) day, or one-half (½) day at the end45 of each semester or quarter).46

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§ 20-1-301, MCA School fiscal year4

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Legal References:

§ 20-1-302, MCA School day and week

§ 20-1-303, MCA Conduct of School on Saturday or Sunday6 prohibited - exceptions

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Policy History:14

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

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

ARM 10.55.701 Board of Trustees

ARM 10.65.101-103 Pupil-Instruction-Related Days

ARM 10.55.906 High School Credit

Adopted on: 06/20/13

Reviewed on:16

Revised on:17

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Grade Organization5

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The District maintains instructional levels for grades kindergarten (K) through twelve (12). The7 grouping and housing of instructional levels in school facilities will be according to plans8 developed by the Superintendent and approved by the Board.9

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Instructional programs will be coordinated between each grade and between levels of schools.11

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A student will be assigned to an instructional group or to a classroom which will best serve the13 needs of that individual while still considering the rights and needs of other students. Factors to14 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 performance16 of the student.

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Criteria for grouping will be based on learning goals and objectives addressed and the student’s19 ability to achieve those purposes.

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Legal Reference: § 20-6-501, MCA Definition of various schools24 25

Policy History:26 Adopted on: 06/20/1327 Reviewed on:28 Revised on:29

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Curriculum Development and Assessment

The Board is responsible for curriculum adoption and must approve all significant changes, including7 the adoption of new textbooks and new courses, before such changes are made. The Superintendent8 is responsible for making curriculum recommendations. The curriculum will be designed to9 accomplish learning objectives and goals for excellence contained in the District’s educational10 philosophy, mission statement, objectives, and goals.

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Development and Assessment

The District is a member of the Alliance for Curriculum Enhancement (ACE). A written sequential15 curriculum will be developed for each subject area. The curricula will address learner goals, content

16 and program area performance standards, and District education goals and will be constructed to17 include such parts of education as content, skills, and thinking. A curriculum review cycle and18 timelines for curriculum development and evaluations will be developed, as well.

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The staff and administration will suggest materials and resources, to include supplies, books,21 materials, and equipment necessary for development and implementation of the curriculum and22 assessment, which are consistent with goals of the education program. These materials will be23 reviewed at least every five (5) years.

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In all program areas and at all levels, the District will assess student progress toward achieving26 learner goals and program area performance standards, including content and data; accomplishment27 of appropriate skills; development of critical thinking and reasoning; and attitude. The District will28 use assessment results to improve the education program and will use effective and appropriate tools29 for assessing such progress. These may include but are not limited to standardized tests; criterion-30 referenced tests; teacher-made tests; ongoing classroom evaluation; actual communication31 assessments such as writing, speaking, and listening assessments; samples of student work and/or32 narrative reports passed from grade to grade; samples of students’ creative and/or performance work;33 and surveys of carryover skills to other program areas and outside of school.34

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Cross Reference: 2000 Goals36

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2110 Objectives

§ 20-3-324, MCA Powers and duties39

Legal Reference:

§ 20-4-402, MCA Duties of district superintendent or county high school40 principal

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§ 20-7-602, MCA Textbook selection and adoption

10.55.603, ARM Curriculum and Assessment43

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Policy History:45

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Adopted on: 06/20/13

Reviewed on:47

Revised on:48

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Lesson Plan5

To ensure proper planning and continuity of instruction, the Board requires that each teacher7 prepare lesson plans for daily instruction. To facilitate more effective instruction, lesson plans8 must be prepared and turned in to the principal on the last working day of each week. The plan9 book must be readily available, when a substitute teacher is needed.

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Policy History:14

Adopted on: 06/20/1315 Reviewed on:16 Revised on:17

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Program Evaluation and Diagnostic Tests

The Board strives for efficiency and effectiveness in all facets of its operations. To achieve this7 goal, the Board will set forth:8 9

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

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2. A provision for staff, resources, and support to achieve stated expectations and purposes;12 and13

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3. A plan for evaluating instructional programs and services to determine how well15 expectations and purposes are being met.

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Parents who wish to examine any assessment materials may do so by contacting the18 Superintendent. Parental approval is necessary before administering an individual intelligence19 test or a diagnostic personality test. No tests or measurement devices which include questions20 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 to22 take such test, questionnaire, or examination.

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Legal Reference: 20 U.S.C. § 1232h Protection of pupil rights27 10.55.603, ARM Curriculum and Assessment28 10.56.101, ARM Student Assessment29

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Policy History:31 Adopted on: 06/20/13

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Reviewed on:33 Revised on:34

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Student and Family Privacy Rights

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Surveys - General

All surveys requesting personal information from students, as well as any other instrument used9 to collect personal information from students, must advance or relate to the District’s educational10 objectives as identified in Board Policy. This applies to all surveys, regardless of whether the11 student answering the questions can be identified and regardless of who created the survey.

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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.

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20 official, staff member, or student, (2) regardless of whether the student answering the questions21 can be identified, and (3) regardless of the subject matter of the questions.

This section applies to every survey: (1) that is created by a person or entity other than a District

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Surveys Requesting Personal Information

School officials and staff members shall not request, nor disclose, the identity of any student who26 completes ANY survey containing one (1) or more of the following items:27

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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 family33 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 a38 program or for receiving financial assistance under such program).39 40

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

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1. Inspect the survey within a reasonable time of the request; and/or43

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 this45 option.46

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Instructional Material

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A student’s parent(s)/guardian(s) may, within a reasonable time of the request, inspect any6 instructional material used as part of their child’s educational curriculum.

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The term “instructional material,” for purposes of this policy, means instructional content that is9 provided to a student, regardless of its format, printed or representational materials, audio-visual10 materials, and materials in electronic or digital formats (such as materials accessible through the11 Internet). The term does not include academic tests or academic assessments.

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Collection of Personal Information From Students for Marketing Prohibited

The term “personal information,” for purposes of this section only, means individually16 identifiable information including: (1) a student’s or parent’s first and last name, (2) a home or17 other physical address (including street name and the name of the city or town), (3) telephone18 number, or (4) a Social Security identification number.

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The District will not collect, disclose, or use student personal information for the purpose of21 marketing or selling that information or otherwise providing that information to others for that22 purpose.

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The District, however, is not prohibited from collecting, disclosing, or using personal25 information collected from students for the exclusive purpose of developing, evaluating, or26 providing educational products or services for, or to, students or educational institutions such as27 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 secondary32 schools;33

4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or34 achievement information about students (or to generate other statistically useful data for35 the purpose of securing such tests and assessments) and the subsequent analysis and36 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

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Notification of Rights and Procedures

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

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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 personal5 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

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This notification shall be given parents/guardians at least annually at the beginning of the school9 year and within a reasonable period after any substantive change in this policy.

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The rights provided to parents/guardians in this policy transfer to the student, when the student12 turns eighteen (18) years of age or is an emancipated minor.

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15 Therefore, MTSBA recommends that, at a minimum, Boards specifically note this on their16 meeting agendas and request public comment prior to adoption.

NOTE: This policy must be adopted in consultation with parents. 20 U.S.C. § 1232h(c)(1).

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Cross Reference: 2311 Instructional Materials21

3200 Student Rights and Responsibilities22

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3410 Student Health/Physical Screenings/Examinations

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

Policy History:27

Adopted on: 06/20/1328

Reviewed on:29

Revised on:30

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Guidance and Counseling5

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The District recognizes that guidance and counseling are an important part of the total program of7 instruction and should be provided in accordance with state laws and regulations, District policies and8 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 their11 educational opportunities. Such a program should:12

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1. Provide staff with meaningful information which can be utilized to improve educational services14 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 of25 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 cessation32 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, national36 origin, or handicapping conditions, including reasonable efforts in encouraging students to consider and37 explore “nontraditional” occupations.38 39

Legal Reference § 49-3-203, MCA Educational, counseling, and training programs40 10.55.710, ARM Assignment of School Counseling Staff41 10.55.802, ARM Opportunity and Educational Equity

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Policy History:44

Adopted on: 06/20/1345

Reviewed on:46

Revised on:47

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SuicideAwarenessandPrevention

ProfessionalDevelopment

TheDistrictwillprovideprofessionaldevelopmentonyouthsuicideawarenessandpreventionto9 eachemployeeofthedistrictwhoworkdirectlywithanystudentsenrolledintheschooldistrict.10 ThetrainingmaterialswillbeapprovedbytheOfficeofPublicInstruction(OPI).11

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TheDistrictwillprovide,ataminimum,two(2)hoursofyouthsuicideawarenessand13 preventiontrainingeveryfive(5)years. Allnewemployeeswhoworkdirectlywithanystudent14 enrolledintheschooldistrictwillbeprovidedtwo(2)hoursoftrainingthefirstyearof15 employment.

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Youthsuicideandpreventiontrainingmayinclude:18 19

A. In-personattendanceatalivetraining;20

B. Videoconference;21

C. Anindividualprogramofstudyofdesignatedmaterials;22

D. Self-reviewmodulesavailableonline;and23

E. Anyothermethodchosenbythelocalschoolboardthatisconsistentwithprofessional24 developmentstandards.25 26

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PreventionandResponse

TheBoardauthorizestheAdministrationandappropriateDistrictstafftodevelopproceduresto28 addressmattersrelatedtosuicidepreventionandresponsethat:29 30

A. Promotecollaborationwithfamiliesandwithcommunityprovidersinallaspectsof31 suicidepreventionandresponse;32

B. Includehighqualityinterventionservicesforstudents;33

C. Promoteinteragencycooperationthatenablesschoolpersonneltoidentifyandaccess34 appropriatecommunityresourcesforuseintimesofcrisis;35

D. Includereintegrationofyouthintoaschoolfollowingacrisis,hospitalization,or36 residentialtreatment;37

E. Provideforleadership,planning,andsupportforstudentsandschoolpersonneltoensure38 appropriateresponsestoattemptedorcompletedsuicides.39 40

Nocauseofactionmaybebroughtforanylossordamagecausedbyanyactoradmission41 resultingfromtheimplementationoftheprovisionsofthispolicyorresultingfromanytraining,42 orlackoftraining,relatedtothispolicy. Nothinginthispolicyshallbeconstruedtoimposea43 specificdutyofcare.

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ThispolicywillbereviewedbytheBoardofTrusteesonaregularbasis.46

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LegalReference: §20-7-1310,MCA Youthsuicideawarenessandpreventiontraining

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PolicyHistory:8 Adoptedon:11/11/20199 Reviewedon:10 Revisedon:11

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Interscholastic Activities

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The District recognizes the value of a program of interscholastic activities as an integral part of7 the total school experience. The program of interscholastic activities will include all activities8 relating to competitive sport or intellectual contests, games or events, or exhibitions involving9 individual students or teams of students of this District, when such events occur between schools10 outside this District.

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All facilities and equipment utilized in the interscholastic activity program, whether or not the13 property of the District, will be inspected on a regular basis. Participants will be issued

14 equipment which has been properly maintained and fitted.

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An activity coach must be properly trained and qualified for an assignment as described in the17 coach’s job description. A syllabus which outlines the skills, techniques, and safety measures18 associated with a coaching assignment will be distributed to each coach. All personnel coaching19 intramural or interscholastic activities will hold a current valid first aid certificate.

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The Board recognizes that certain risks are associated with participation in interscholastic22 activities. While the District will strive to prevent injuries and accidents to students, each parent23 or guardian will be required to sign an “assumption of risk” statement indicating that the parents24 assume all risks for injuries resulting from such participation. Each participant will be required25 to furnish evidence of physical fitness (physical form) prior to becoming a member of an athletic26 team.27

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Coaches and/or trainers may not issue medicine of any type to students. This provision does not29 preclude the coach and/or trainer from using approved first aid items.30 31 32 33

Cross Reference: 3416 Administering Medicines to Students34 35

Legal Reference: 10.55.707, ARM Teacher and Specialist Licensure36 37.111.825, ARM Health Supervision and Maintenance37 38

Policy History:39

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Reviewed on:41

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JOLIET PUBLIC SCHOOLS 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 measures 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 Joliet Public Schools 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 __________ (Please Print)

Parent/Guardian

Date:

(Signature)

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Title I Parent Involvement

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The District endorses the parent involvement goals of Title I and encourages the regular7 participation of parents of Title I eligible children in all aspects of the program. The education of8 children is viewed as a cooperative effort among the parents, school, and community. In this9 policy the word “parent” also includes guardians and other family members involved in10 supervising the child’s schools.

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Pursuant to federal law the District will develop jointly with, agree upon with, and distribute to13 parents of children participating in the Title I program a written parent involvement policy.

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At the required annual meeting of Title I parents, parents will have opportunities to participate in16 the design, development, operation, and evaluation of the program for the next school year.

17 Proposed activities to fulfill the requirements necessary to address the requirements of parental-18 involvement goals shall be presented.

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In addition to the required annual meeting, at least three (3) additional meetings shall be held at21 various times of the day and/or evening for parents of children participating in the Title I22 program. These meetings shall be used to provide parents with:23

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1. Information about programs provided under Title I;25 26

2. A description and explanation of the curriculum in use, the forms of academic assessment27 used to measure student progress, and the proficiency levels students are expected to28 meet;29 30

3. Opportunities to formulate suggestions and to participate, as appropriate, in decisions31 relating to the education of their children; and32 33

4. The opportunity to bring parent comments, if they are dissatisfied with the school’s Title34 I program, to the District level.35 36

Title I funding, if sufficient, may be used to facilitate parent attendance at meetings, through37 payment of transportation and childcare costs.38 39

The parents of children identified to participate in Title I programs shall receive from the school40 principal and Title I staff an explanation of the reasons supporting each child’s selection for the41 program, a set of objectives to be addressed, and a description of the services to be provided.42 Opportunities will be provided for the parents to meet with the classroom and Title I teachers to43 discuss their child’s progress. Parents will also receive guidance as to how they can assist at44 home in the education of their children.45 46

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Each school in the District receiving Title I funds shall develop jointly with parents of children4 served in the program a “School-Parent Compact” outlining the manner in which parents, school5 staff, and students share the responsibility for improved student academic achievement in6 meeting state standards. The “School-Parent Compact” shall:7

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1. Describe the school’s responsibility to provi de high quality curriculum and instruction in9 a supportive and effective learning environment enabling children in the Title I program10 to meet the state’s academic achievement standards;11 12

2. Indicate the ways in which each parent will be responsible for supporting their child’s13 learning, such as monitoring attendance, homework completion, and television watching;14 volunteering in the classroom; and participating, as appropriate, in decisions related to15 their child’s education and positive use of extracurricular time; and16

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3. Address the importance of parent-teacher communication on an ongoing basis with, at a18 minimum, parent-teacher conferences, frequent reports to parents, and reasonable access19 to staff.

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Legal Reference: Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C.25 §§ 6301-6514, as implemented by 34 CFR parts 200, 201, 203, 205, and26 212

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Improving America’s Schools Act, P.L. 103-382, § 1112 Local Education28 Agency Plans29 P.L. 107-110, “No Child Left Behind Act of 2001,” Title I – Improving30 the Academic Achievement of the Disadvantaged, § 111831 32

Policy History:33

Adopted on: 06/20/1334

Reviewed on:35

Revised on:36

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Title I Parent Involvement

In order to achieve the level of Title I parent involvement desired by District policy on this topic,

these procedures guide the development of each school’s annual plan designed to foster a cooperative9 effort among parents, school, and community.

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Guidelines

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

Volunteering;

Parent education;

Home support for the child’s education;

Parent participation in school decision making.19

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The school system will provide opportunities for professional development and resources for staff21 and parents/community regarding effective parent involvement practices.22 23

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Roles and Responsibilities

Parents26 27

It is the responsibility of the parent to:28 29

Actively communicate with school staff;30

Be aware of rules and regulations of school;31

Take an active role in the child’s education by reinforcing at home the skills and knowledge32 the student has learned in school;33

Utilize opportunities for participation in school activities.

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Staff36 37

It is the responsibility of staff to:38 39

Develop and implement a school plan for parent involvement;40

Promote and encourage parent involvement activities;

Effectively and actively communicate with all parents about skills, knowledge, and attributes42 students are learning in school and suggestions for reinforcement;

Send information to parents of Title I children in a format and, to the extent practicable, in a

language the parents can understand.

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43 
44
45 46 47 48

Community5

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

Be aware of rules and regulations of the school;

Utilize opportunities for participation in school activities.

12

Administration

It is the responsibility of the administration to:

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

Provide training and space for parent involvement activities;

Provide resources to support successful parent involvement practices;

Provide in-service education to staff regarding the value and use of contributions of parents19 and how to communicate and work with parents as equal partners;20

Send information to parents of Title I children in a format and, to the extent practicable, in a21 language the parents can understand.22 23

Procedure History:24

Promulgated on: 06/20/1325

Reviewed on:26 Revised on:27

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Joliet Public Schools

Special Education

10

The District will provide a free appropriate public education and necessary related services to all7 children with disabilities residing within the District, as required under the Individuals with8 Disabilities Education Act (IDEA), provisions of Montana law, and the Americans with9 Disabilities Act.

11

For students eligible for services under IDEA, the District will follow procedures for12 identification, evaluation, placement, and delivery of service to children with disabilities, as13 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 assist16 in fulfilling the District’s obligations to its disabled students.

17 18

19

20

21

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

22 § 20-7-Part Four, MCA Special Education for Exceptional Children23

24

Policy History:25 Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.

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Special Education

Child Find7

The District shall be responsible for the coordination and management of locating, identifying,8 and evaluating all disabled children ages zero ( 0 ) through twenty one (21). Appropriate staff9 will design the District’s Child Find plan in compliance with all state and federal requirements10 and with assistance from special education personnel who are delegated responsibility for11 implementing the plan.

12

13

The District’s plan will contain procedures for identifying suspected disabled students in private14 schools as identified in 34 C.F.R. 530.130 and 530.131(f), students who are home schooled,15 homeless children, as well as public facilities located within the geographic boundaries of the16 District. These procedures shall include screening and development criteria for further17 assessment. The plan must include locating, identifying, and evaluating highly mobile children18 with disabilities and children who are suspected of being a child with a disability and in need of19 special education, even though the child is and has been advancing from grade to grade. The20 District’s Child Find Plan must set forth the following:21 22

1. Procedures used to annually inform the public of all child find activities, for children zero23 through twenty one;24

2. Identity of the special education coordinator;25

3. Procedures used for collecting, maintaining, and reporting data on child identification;26

4. Procedures for Child Find Activities (including audiological, health, speech/language,27 and visual screening and review of data or records for students who have been or are28 being considered for retention, delayed admittance, long term suspension or expulsion or29 waiver of learner outcomes) in each of the following age groups:30

A. Infants and Toddlers (Birth through Age 2)31

Procedures for referral of infants and toddlers to the appropriate early intervention32 agency, or procedures for conducting child find.33

B. Preschool (Ages 3 through 5)34

Part C Transition planning conferences; frequency and location of screenings;35 coordination with other agencies; follow up procedures for referral and36 evaluation; and procedures for responding to individual referrals.37

C. In School (Ages 6 through 18)38

Referral procedures, including teacher assistance teams, parent referrals, and39 referrals from other sources; and follow up procedures for referral and evaluation.40

D. Post School (Ages 19 through 21)41

Individuals who have not graduated from high school with a regular diploma and42 who were not previously identified. Describe coordination efforts with other43 agencies.

44

E. Private Schools (This includes home schools.)45 46

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Child find procedures addressing the provisions of A.R.M. 10.16.3125(1); follow4 up procedures for referral and evaluation.5

F. Homeless Children6

7

G. Dyslexia

The School District shall establish procedures to ensure that all resident children8 with disabilities, including specific learning disabilities resulting from dyslexia,9 are identified and evaluated for special education and related services as early as10 possible. The screening instrument must be administered to:11

(A) a child in the first year that the child is admitted to a school of the12 district up to grade 2; and13

(B) a child who has not been previously screened by the district and who14 fails to meet grade level reading benchmarks in any grade;15

16

The screening instrument shall be administered by an individual with an17 understanding of, and training to identify, signs of dyslexia designed to assess18 developmentally appropriate phonological and phonemic awareness skills.19 20

If a screening suggests that a child may have dyslexia or a medical professional21 diagnosis a child with dyslexia, the child's school district shall take steps to22 identify the specific needs of the child and implement best practice interventions23 to address those needs. This process may lead to consideration of the child's24 qualification as a child with a disability under this policy.25 26

Procedures for Evaluation and Determination of Eligibility27

28

Procedures for evaluation and determination of eligibility for special education and related29 services are conducted in accordance with the procedures and requirements of 34 C.F.R.30 300.301 300.311 and the following state administrative rules:31 32

10.16.3320 Referral;33 10.60.103 Identification of Children with Disabilities;34 10.16.3321 - Comprehensive Educational Evaluation Process;35 36

37 38

Procedural Safeguards and Parental Notification

The District implements the procedural safeguard procedures as identified in 34 C.F.R. 300.50039 300.530.40

41

A copy of the procedural safeguards available to the parents of a child with a disability must be42 given to the parents only one (1) time a school year, except that a copy also must be given to the43 parents:44 45

• Upon initial referral or parent request for evaluation;46

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Upon receipt of the first state complaint under 34 CFR 300.151 through 300.153 and4 upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;5

• In accordance with the discipline procedures in 34 CFR 300.530(h) (…on the date on6 which the decision is made to make a removal that constitutes a change of placement of a7 child with a disability because of a violation of a code of student conduct, the LEA8 must…provide the parents the procedural safeguards notice); and9

10

11

• Upon request by a parent.

A public agency also may place a current copy of the procedural safeguard notice on its internet12 website, if a website exists. [34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]

13

14

The referral for special education consideration may be initiated from any source, including15 school personnel. To initiate the process, an official referral form must be completed and signed16 by the person making the referral. The District shall accommodate a parent who cannot speak17 English and therefore cannot complete the District referral form. Recognizing that the referral18 form is a legal document, District personnel with knowledge of the referral shall bring the19 referral promptly to the attention of the Evaluation Team.

20

21

The District shall give written notice to the parent of its recommendation to evaluate or not to22 evaluate the student. The parent will be fully informed concerning the reasons for which the23 consent to evaluate is sought. Written parental consent will be obtained before conducting the24 initial evaluation or before reevaluating the student.25

26

The recommendation to conduct an initial evaluation or reevaluation shall be presented to the27 parents in their native language or another mode of communication appropriate to the parent. An28 explanation of all the procedural safeguards shall be made available to the parents when their29 consent for evaluation is sought. These safeguards will include a statement of the parents’ rights30 relative to granting the consent.

31

32

33

Evaluation of Eligibility

Evaluation of eligibility for special education services will be consistent with the requirements of34 34 C.F.R. 300.301 through 300.311 regarding Procedures for Evaluation and Determination of35 Eligibility; and shall also comply with A.R.M. 10.16.3321.

36

37

38

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

42 43

Independent Education Evaluations

The parents of a child with a disability have the right to obtain an independent educational

44 evaluation of the child in accordance with law. Independent educational evaluation means an45 46

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evaluation conducted by a qualified examiner who is not employed by the District at District4 expense.

5

6

10

If the parents request an independent educational evaluation, the District will provide7 information about where an independent educational evaluation may be obtained and the criteria8 applicable for independent educational evaluations. The District may also ask for the parent’s9 reason why he or she objects to the public evaluation.

11

A parent is entitled to only one independent educational evaluation at public expense each time12 the public agency conducts an evaluation with which the parent disagrees.. If the parent obtains

13 an independent educational evaluation at District expense or shares with the public agency an14 evaluation obtained at private expense, the results of the evaluation will be handled in15 accordance with law.

16

17

If an independent educational evaluation is at District expense, the criteria under which the18 evaluation is obtained, including the location of the evaluation and the qualifications of the19 examiner, must be the same as the criteria that the public agency uses when it initiates an

20 evaluation.

21

22

23

Least Restrictive Environment

To the maximum extent appropriate, children with disabilities, including children in public or24 private institutions or other care facilities, are educated with children who are nondisabled, and25 special classes, separate schooling, or other removal of children with disabilities from the regular26 class occurs only if the nature or severity of the disability is such that education in regular27 classes, with the use of supplementary aids and services, cannot be achieved satisfactorily.

28

Educational placement decisions are made in accordance with A.R.M. 10.16.3340 and the29 requirements of 34 C.F.R. 300.114 300 120, and a continuum of alternate placements is30 available as required in 34 C.F.R. 300.551.

31

32

33

Children in Private Schools/Out of District Placement

Children with a disability placed in or referred to a private school or facility by the District, or34 other appropriate agency, shall receive special education and related services in accordance with35 the requirements and procedures of 34 C.F.R. 300.145 through 300.147 and A.R.M. 10.16.3122.

36 37

As set forth under 34 C.F.R. 300.137, children with a disability placed in or referred to a private38 school or facility by parents do not have an individual right to special education and related39 services at the District’s expense. When services are provided to children with disabilities

40 placed by parents in private schools, the services will be in accordance with the requirements and41 procedures of 34. C.F.R. 300.130 through 300.144, and 300.148.

42

43

44

Impartial Due Process Hearing

The District shall conduct the impartial hearing in compliance with the Montana Administrative45 Rules on matters pertaining to special education controversies.46

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Special Education Records and Confidentiality of Personally Identifiable Information

A. Confidentiality of Information

7

The District follows the provisions under the Family Educational Rights and Privacy Act and8 implements the procedures in 34 C.F.R. 300.610 300.627, § 20 1 213, MCA, and A.R.M.9 10.16.3560.10

11

12

13

B. Access Rights

Parents of disabled students and students eighteen (18) years or older, or their representative,14 may review any educational records which are designated as student records collected,15 maintained, and used by the District. Review shall normally occur within five (5) school days16 and in no case longer than forty five (45) days. Parents shall have the right to an explanation or17 interpretation of information contained in the record. Non custodial parents shall have the same18 right of access as custodial parents, unless there is a legally binding document specifically19 removing that right.

20 21

22 23

C. List of Types and Locations of Information.

A list of the records maintained on disabled students shall be available in the District office.24 Disabled student records shall be located in a locked file cabinet in the special education room,25 where they are available for review by authorized District personnel, parents, and adult students.26 Special education teachers will maintain an IEP file in their classrooms. These records will be27 maintained under the direct supervision of the teacher and will be located in a locked file cabinet.28

A record of access sheet in each special education file will specify the District personnel who29 have a legitimate interest in viewing these records.30

31

32 33

D. Safeguards

The District will identify in writing the employees who have access to personally identifiable34 information, and provide training on an annual basis to those staff members.35 36

37

E. Destruction of Information38 39

The District will inform parents five (5) years after the termination of special education services40 that personally identifiable information is no longer needed for program purposes. Medicaid41 reimbursement records must be retained for a period of at least six years and three months from42 the date on which the service was rendered or until any dispute or litigation concerning the43 services is resolved, whichever is later. The parent will be advised that such information may be44 important to establish eligibility for certain adult benefits. At the parent’s request, the record45 information shall either be destroyed or made available to the parent or to the student if eighteen46

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(18) years or older. Reasonable effort shall be made to provide the parent with notification sixty4 (60) days prior to taking any action on destruction of records. Unless consent has been received5 from the parent to destroy the record, confidential information will be retained for five (5) years6 beyond legal school age.

7

8

F. Children’s Rights9 10

Privacy rights shall be transferred from the parent to an adult student at the time the student11 attains eighteen (18) years of age, unless some form of legal guardianship has been designated12 due to the severity of the disabling condition.

13

14

Discipline15

16

Students with disabilities may be suspended from school the same as students without disabilities17 for the same infractions or violations for up to ten (10) consecutive school days. Students with18 disabilities may be suspended for additional periods of not longer than ten (10) consecutive19 school days for separate, unrelated incidents, so long as such removals do not constitute a change20 in the student’s educational placement. However, for any additional days of removal over and21 22

above ten (10) school days in the same school year, the District will provide educational services23 to a disabled student, which will be determined in consultation with at least one (1) of the child’s24 teachers, determining the location in which services will be provided. The District will25 implement the disciplinary procedures in accord with the requirements of CFR 300.530-300.537.26

27

28 34 CFR 300.502 Independent educational evaluation29 § 20 1 213, MCA Transfer of school records30 10.16.3122 ARM Local Educational Agency Responsibility for31 Students with Disabilities32

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

10.16.3220 ARM Program Narrative33 10.16.3321 ARM Comprehensive Educational Evaluation Process34 10.16.3340 ARM Individualized Education Program and Placement35 Decisions36

10.16.3560 ARM Special Education Records37 10.60.103 ARM Identification of Children with Disabilities38 37.85.414 ARM Maintenance of Records and Auditing (Medicaid)39 Chapter 227 (2019) Montana Dyslexia Screening and Intervention Act40 41 42

Policy History:43

44

Adopted on: 06/20/13

Reviewed on:45

46

Revised on: 11/11/2019, 7/11/22

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Joliet Public Schools

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

It is the intent of the District to ensure that students who are disabled within the definition of7 Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with8 appropriate educational services. For those students who need or are believed to need special9 instruction and/or related services under Section 504 of the Rehabilitation Act of 1973, the10 District shall establish and implement a system of procedural safeguards. The safeguards shall11 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, an13 impartial hearing with opportunity for participation by the student’s parent or legal guardian, and14 a review procedure.

15 16

17 18

Legal Reference: Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 79419

ADA Amendments Act of 200820

34 C.F.R. §104.1 et seq. Purpose21

34 C.F.R. §104.35 Evaluation and Placement22

23

24

Policy History:25

Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

34 C.F.R. §104.36 Procedural safeguards

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

(1) Impartial Due Process Hearing. If the parent or legal guardian of a student who qualifies7 under Section 504 for special instruction or related services disagrees with a decision of8 the District with respect to: (1) the identification of the child as qualifying for Section9 504; (2) the District’s evaluation of the child; and/or (3) the educational placement of the10 child, the parents of the student are entitled to certain procedural safeguards. The student11 shall remain in his/her current placement until the matter has been resolved through the12 process set forth herein.

13 14

A. The District shall provide written notice to the parent or legal guardian of a15 Section 504 student, prior to initiating an evaluation of the child and/or16 determining the appropriate educational placement of the child, including special17 instruction and/or related services;18 19

B. Upon request, the parent or legal guardian of the student shall be allowed to20 examine all relevant records relating to the child’s education and the District’s21 identification, evaluation, and/or placement decision;22 23

C. The parent or legal guardian of the student may make a request in writing for an24 impartial due process hearing. The written request for an impartial due process25 hearing shall identify with specificity the areas in which the parent or legal26 guardian is in disagreement with the District;27 28

D. Upon receipt of a written request for an impartial due process hearing, a copy of29 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 process33 hearing, the District shall select and appoint an impartial hearing officer who has34 no professional or personal interest in the matter. In that regard, the District may35 select a hearing officer from the list of special education hearing examiners36 available at the Office of Public Instruction, the county superintendent, or any37 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 shall40 provide the parent or legal guardian and all other interested parties with notice of41 the person selected;42 43

G. Within five (5) days of the District’s selection of a hearing officer, a prehearing44 conference shall be scheduled to set a date and time for a hearing, identify the45 issues to be heard, and stipulate to undisputed facts to narrow the contested46

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factual issues;

H. The hearing officer shall, in writing, notify all parties of the date, time, and6 location of the due process hearing;7 8

I. Anytime prior to the hearing, the parties may mutually agree to submit the matter9 to mediation. A mediator may be selected from the Office of Public Instruction’s10 list of trained mediators;11 12

J. At the hearing, the District and the parent or legal guardian may be represented by13 counsel;14 15

K. The hearing shall be conducted in an informal but orderly manner. Either party16 may request that the hearing be recorded. Should either party request that the17 hearing be recorded, it shall be recorded using either appropriate equipment or a18 court reporter. The District shall be allowed to present its case first. Thereafter19 the parent or legal guardian shall be allowed to present its case. Witnesses may20 be called to testify, and documentary evidence may be admitted; however,21 witnesses will not be subject to cross-examination, and the Montana Rules of22 Evidence will not apply. The hearing officer shall make all decisions relating to23 the relevancy of all evidence intended to be presented by the parties. Once all24 evidence has been received, the hearing officer shall close the hearing. The25 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 a29 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 may32 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 that36 the District and/or any employee of the District has engaged in discrimination or37 harassment of the student, the parent or legal guardian will be required to proceed38 through the District’s Uniform Complaint Procedure.39

40

41 42

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

Procedure History:43

Promulgated on: 06/20/1344

Reviewed on:45

Revised on:46

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INSTRUCTION

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Traffic Education5

6

Joliet School District will provide a drivers’ training instruction program for students who live7 within the geographic boundaries of the public school district, whether or not they are enrolled in8 the public school district and provided that students enrolled in the course will have reached their9 fifteenth (15th) birthday within six (6) months of course completion and have not yet reached10 nineteen (19) years of age on or before September 10 of the school year in which the student11 participates in traffic education.

12

13

All eligible students will be treated fairly and without bias in the notification, enrollment, and14 class administration procedures associated with the traffic education program

15

16

The purpose of the program is to introduce students to a course of study which should lead to the17 eventual development of skills appropriate for a licensed driver. The traffic education program is18 designed to meet the criteria established by the Superintendent of Public Instruction. These19 criteria include requirements for instructional time, for instructor certification, recommendations20 for course of study, and reimbursement procedures.

21 22 23 24

§ 20-7-502, MCA Duties of superintendent of public instruction25

Legal Reference:

§ 20-7-503, MCA District establishment of traffic education program26

§ 20-7-507, MCA District traffic education fund27

10.13.307, ARM Program Requirements28

10.13.312, ARM Student Enrollment29

30

Policy History:31

32

Adopted on: 06/20/13

Reviewed on:33 Revised on:34

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Adopted on: 09/12/16

Reviewed on: 2166

Gifted Program

Revised on:

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

INSTRUCTION

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Joliet Public Schools

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INSTRUCTION

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Correspondence Courses

10

The District will permit a student to enroll in an approved correspondence course from a school7 approved by the National University Extension Association or the Distance Education8 Accrediting Commission, in order that such student may include a greater variety of learning9 experiences within the student’s educational program.

11

Credit for correspondence courses may be granted, provided the following requirements are met:12

13

1. Prior permission has been granted by the principal;14

15

2. The program fits the education plan submitted by the regularly enrolled student;16 17

3. Credit is granted for the following approved schools:18 19

a. Schools approved by the National University Extension Association or through20 one of the schools approved by the Distance Education Accrediting Commission;21 22

b. Community colleges, vocational technical institutes, four (4) year colleges and23 universities and state approved private schools in the state of Montana; and24 25

c. Other schools or institutions which are approved by the District after evaluation26 for a particular course offering.27

28

The District shall not be obligated to pay for a student’s correspondence courses unless otherwise29 specified in Policy 2170 Any courses the District does not pay for will not be included in the30 ANB calculation in accordance with Policy 3121. No correspondence courses are allowed that31 serve to supplant required coursework in grades 9 12

32

33

34

Cross Reference: 2410 and 2410P High School Graduation Requirements35 3121 Enrollment and Attendance

36

37

Legal Reference: § 20 7 116, MCA Supervised correspondence study38 ARM 10.55.906 High School Credit39

40 three year averaging.

§ 20 9 311, MCA Calculation of average number belonging (ANB)

41

Policy History:42

43

Adopted on: 06/20/13

Reviewed on:44

Revised on: 7/11/2245

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INSTRUCTION 21683 page 1 of 24

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Distance, Online, and Technology Delivered Learning

For purposes of this policy, “distance learning” is defined as: instruction in which students and7 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 learning12 programs, provided the following requirements are met:13

14

1. The distance, online, and technology delivered learning programs and/or courses shall15 meet the learner expectations adopted by the District and be aligned with state content16 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 ARM24 10.55.907(3)(a)(b)(c);25 26

4. The District will ensure that the distance, online, and technology delivered learning27 facilitators receive in service training on technology delivered instruction as described in28 ARM 10.55.907(3)(d); and29 30

5. The District will comply with all other standards as described in ARM 10.55.907(4)(5)(a31 e)32 33

The District will permit a student to enroll in an approved distance learning course, in order that34 such student may include a greater variety of learning experiences within the student’s35 educational program.

36

37

Credit for distance learning courses may be granted, provided the following requirements are38 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

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4. The course is needed as credit retrieval and cannot fit into the student’s schedule; and4

5

7

5. Credit is granted for schools and institutions approved by the District after evaluation for6 a particular course offering.

8

The District will not be obligated to pay for a student’s distance learning courses unless9 otherwise specified in Policy 2170. Any courses the District does not pay for will not be included10 in the ANB calculation in accordance with Policy 3121

11

12

The minimum aggregate hours are not required for any pupil demonstrating proficiency pursuant13 to 20 9 311(4)(d), MCA.

14

15

16

Cross Reference: 2170 Montana Digital Academy17 2410 and 2410P High School Graduation Requirements18

2100 School Calendar and Year19 3121 Enrollment and Attendance

20

21

Legal Reference: § 20 9 311(4)(d), MCA Calculation of Average Number Belonging22

ARM 10.55.705 Administrative Personnel; Assignment of School23 Administrators/Principals

24

ARM 10.55.906 High School Credit25

ARM 10.55.907 Distance, Online, and Technology Delivered26 Learning

27

28

Policy History:29 Adopted on: 06/20/1330

Reviewed on:31

Revised on: 7/11/2232

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School Closure5

6

7 emergency, in compliance with established procedures for notifying parents, students, and staff.8

9

The Superintendent may order closure of schools in the event of extreme weather or other

The trustees may order the emergency closure of schools for one (1) school day each year,10 without the need to reschedule the lost pupil instruction time when the closure is the result of an11 emergency.

12

13 14 15

16

17

Cross Reference: 8110 Bus Routes and Schedules

Legal Reference: §§ 20-9-801 - 802, MCA Emergency School Closure18 §§ 20-9-806, MCA School closure by declaration of emergency19

20

Policy History:21 Adopted on: 06/20/1322

Reviewed on:23 Revised on:24

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Community and Adult Education

Efforts will be made to maximize the use of public school facilities and resources, realizing that7 education is a lifelong process involving the whole community. The District may make its8 resources available to adults and other non-students, within limits of budget, staff, and facilities,9 provided there is no interference with or impairment of the regular school program. Community10 and adult education and other offerings may be developed in cooperation with community11 representatives, subject to approval and authorization by the Board.

12

13

14

15

16

17

Legal Reference: § 20-7-703, MCA Trustees’ policies for adult education

Policy History:18 Adopted on: 06/20/1319

Reviewed on:20 Revised on:21

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Library Materials

10

11

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 books8 are responsible for the care and timely return of those materials. The librarian may assess fines9 for damaged or unreturned books.

District residents and parents or guardians of non-resident students attending the District may be12 allowed use of library books, at the discretion of the building principal. However, such access13 shall not interfere with regular school use of those books. Use of library books outside of the14 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. The17 Uniform Complaint Procedure will be utilized to determine if challenged material is properly18 located in the library.

19 20 21 22

Cross Reference: 1700 Uniform Complaint Procedure23 2314 Learning Materials Review24 25

Legal Reference: § 20-4-402(5), MCA Duties of district superintendent or county high26 school principal

27

28

§ 20-7-203, MCA Trustees’ policies for school library

§ 20-7-204, MCA School library book selection29

30

Policy History:31

32

Adopted on: 06/20/13

Reviewed on:33

Revised on:34

© MTSBA 2012
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Selection of Library Materials

10

The District has libraries in every school, with the primary objective of implementing and7 supporting the educational program in the schools. It is the objective of these libraries to provide8 a wide range of materials on all appropriate levels of difficulty, with diversity of appeal and the9 presentation of different points of view.

11

The provision of a wide variety of library materials at all reading levels supports the District’s12 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 inherent16 in the First Amendment of the Constitution of the United States and expressed in the School

17 Library Bill of Rights, endorsed by the American Association of School Librarians in 1969.

18

19

Although the Superintendent is responsible for selection of library materials, ultimate20 responsibility rests with the Board.

21

22

The Board, acting through the Superintendent, thereby delegates authority for selection of library23 materials to the principal in each of the schools. The principal further delegates that authority to24 the librarian in the school.25

26

(NOTE: BY STATUTE, THE SUPERINTENDENT, or a principal if there is no district27 superintendent, HAS AUTHORITY AND IS RESPONSIBLE FOR SELECTION OF28 LIBRARY MATERIALS, SUBJECT TO BOARD APPROVAL. THE SUPERINTENDENT29 AND BOARD MAY NOT WANT TO DELEGATE THIS RESPONSIBILITY.)

30 31 32

33

§ 20-4-402(5), MCA Duties of district superintendent or county high34 school principal35

36

37

38

Legal reference:

§ 20-7-203, MCA Trustees’ policies for school library

§ 20-7-204, MCA School library book selection

Policy History:39

40

Adopted on: 06/20/13

Reviewed on:41

Revised on:42

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INSTRUCTION

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Selection of Library Materials

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9

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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.

Weeding

When materials no longer meet criteria for selection, they will be weeded. Weeding is a

16

13 necessary aspect of selection, since every library will contain works which may have answered a14 need at the time of acquisition, but which, with the passage of time, have become obsolete,15 dated, unappealing, or worn out.

17

Discarded materials will be clearly stamped:18 19

20 21

“WITHDRAWAL FROM JOLIET PUBLIC SCHOOL LIBRARY”

Materials will be discarded in compliance with § 20-6-604, MCA. When the decision to sell or22 dispose of library materials is made, the Board will adopt a resolution to sell or otherwise23 dispose of the material because it is or is about to become abandoned, obsolete, undesirable, or24 unsuitable for the school purposes of the District. The Board will publish a notice of the25 resolution in the newspaper of general circulation in Carbon County News. The resolution may26 not become effective for fourteen (14) days after notice is published.27 28

Gifts29

30

Gift materials may be accepted with the understanding they must meet criteria set for book31 selection.

32 33 34 35

Procedure History:36

Promulgated on: 06/20/1337

Reviewed on:38 Revised on:39

© MTSBA 2012
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Instructional Materials

The Board is legally responsible to approve and to provide the necessary instructional materials

used in the District. Textbooks and instructional materials should provide quality learning8 experiences for students and:9

10

Enrich and support the curriculum;

Stimulate growth in knowledge, literary appreciation, aesthetic value, and ethical12 standards;

Provide background information to enable students to make intelligent judgments;

Present opposing sides of controversial issues;

Be representative of the many religious, ethnic, and cultural groups and their16 contributions to our American heritage;

Depict in an accurate and unbiased way the cultural diversity and pluralistic nature of18 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. All22 instructional materials must be sequential and must be compatible with previous and future23 offerings.

24 25

Instructional materials may be made available for loan to students when the best interest of the26 District and student will be served by such a decision. Students will not be charged for normal27 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 necessary29 for the proper accounting of all instructional materials.

30

31 32 33

Cross Reference: 2314 Learning Materials Review34 35

Legal Reference:

§ 20-4-402, MCA Duties of district superintendent or county high36 school principal37

§ 20-7-601, MCA Free textbook provisions38

§ 20-7-602, MCA Textbook selection and adoption39

40

Policy History:41

42

Adopted on: 06/20/13

Reviewed on:43

Revised on:44

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Selection, Adoption, and Removal of Textbooks and Instructional Materials

Curriculum committees will generally be responsible to recommend textbooks and major7 instructional materials purchases. Recommendations will be made to the Superintendent. The8 function of the committee is to ensure that materials are selected in conformance with stated9 criteria and established District goals and objectives. A curriculum committee may consist of10 only those members in a particular department. The same basic selection procedures should be11 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 will16 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 which18 textbooks will be evaluated. The criteria should include the following, along with other19 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

27 28

Be priced appropriately.

Removal29 30

Textbooks may be removed when they no longer meet the criteria for initial selection, when they31 are worn out, or when they have been judged inappropriate through the Learning Materials32 Review Process.33 34 35 36

Procedure History:37

Promulgated on: 06/20/1338

Reviewed on:39 Revised on:40

© MTSBA 2012
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Copyright5

6

10

11

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. Severe8 penalties may be imposed for unauthorized copying or use of audio, visual, digital, or printed9 materials and computer software, unless the copying or use conforms to the “fair use” doctrine.

Under the "fair use" doctrine, unauthorized reproduction of p r i n t e d copyrighted materials is

14

12 permissible for such purposes as criticism, comment, news reporting, teaching, scholarship, or13 research.

15

Under the fair use doctrine, each of the following four standards must be met in order to use the16 printed copyrighted document:

17

• Purpose and Character of the Use The use must be for such purposes as teaching or18 scholarship.

19

• Nature of the Copyrighted Work The type of work to be copied.20

• Amount and Substantiality of the Portion Used Copying the whole of a work cannot be21 considered fair use; copying a small portion may be if these guidelines are followed.22

• Effect of the Use Upon the Potential Market for or value of the Copyrighted Work If23 resulting economic loss to the copyright holder can be shown, even making a single copy24 of certain materials may be an infringement, and making multiple copies presents the25 danger of greater penalties.

26

27

While the District encourages its staff to enrich learning programs by making proper use of28 supplementary materials, it is the responsibility of staff to abide by District copying procedures29 and obey requirements of law. Under no circumstances will it be necessary for staff to violate30 copyright requirements in order to properly perform their duties. The District cannot be31 responsible for any violations of the copyright law by its staff.

32

33

The display of dramatic performances, musical works, motion pictures or television programing34 to students may only occur for educational purposes under the following standards:35

36

37

• During onsite instruction

• When viewed in a classroom or designated place of instruction38

• With a lawfully made copy or via an authorized account39

• As a regular part of instruction and directly related to the curriculum40

41

Employees should contact the administration with inquiries about accessing lawful copies of42 materials or accounts to access materials available via online platforms to ensure compliance43 with copyright laws.

44

45

46

© MTSBA 2022
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3 complies with District procedures or is permissible under the law should consult the

Any staff member who is uncertain as to whether reproducing or using copyrighted material

4 Superintendent. The Superintendent will assist staff in obtaining proper authorization to copy or5 use protected materials, when such authorization is required.

6

7

8

Legal Reference: 17 USC 101 1332 Federal Copyright Law of 1976

9

10

Policy History:11 Adopted on: 06/20/13

12 Reviewed on:13

14

Revised on: 7/11/22

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INSTRUCTION

Copyright Compliance

Authorized Reproduction and Use of Copyrighted Material in Print

page 1 of 5

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 only11 be made for specific instructional objectives.

12

Care should be taken in circumventing any technological protection measures. While materials13 copied pursuant to fair use may be copied after circumventing technological protections against14 unauthorized copying, technological protection measures to block access to materials may not be15 circumvented.

16

17

In preparing for instruction, a teacher may make or have made a single copy of a chapter from a book; an18 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 make20 multiple copies, not exceeding more than one (1) per student, for classroom use if the copying meets the21 tests of “brevity, spontaneity and cumulative effect” set by the following guidelines. Each copy must22 include a notice of copyright.23

24

1. Brevity25 26

a. A complete poem, if less than 250 words and two pages long, may be copied; excerpts27 from longer poems cannot exceed 250 words.28

b. Complete articles, stories or essays of less than 2500 words or excerpts from prose works29 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 the31 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 may33 be copied. “Special” works cannot be reproduced in full; this includes children’s books34 combining poetry, prose, or poetic prose.35 36

2. Spontaneity. Should be at the “instance and inspiration” of the individual teacher when there is37 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 the40 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 copied42 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

48

47 sections of other periodicals.

50

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1

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3

Performances by teachers or students of copyrighted dramatic works without authorization from the4 copyright owner are permitted as part of a teaching activity in a classroom or instructional setting. All5 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, standardized9 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 for13 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

21

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.

24

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 in23 order to make an acquisition decision.

25

A library may provide a single copy of copyrighted material to a student or staff member at no more than26 the actual cost of photocopying. The copy must be limited to one (1) article of a periodical issue or a27 small part of other material, unless the library finds that the copyrighted work cannot be obtained28 elsewhere at a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy29 shall contain the notice of copyright, and the student or staff member shall be notified that the copy is to30 be used only for private study, scholarship, or research. Any other use may subject the person to liability31 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 or34 multiple copies designated in “Authorized Reproduction and Use of Copyrighted Material in Print.”

35

36

37

38

Authorized Reproduction and Use of Copyrighted Music or Dramatic Works

Teachers may:39

Make a single copy of a song, movement, or short section from a printed musical or dramatic40 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 musical42 work if it is to be used for academic purposes other than performance, provided that the excerpt43 does not comprise a part of the whole musical work which would constitute a performable unit44 such as a complete section, movement, or song;45

In an emergency, a teacher may make and use replacement copies of printed music for an46 imminent musical performance when the purchased copies have been lost, destroyed or are47 otherwise not available.

48

Make and retain a single recording of student performances of copyrighted material when it is49 made for purposes of evaluation or rehearsal;50

© MTSBA 2012 2312P
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Make and retain a single copy of excerpts from recordings of copyrighted musical works for use4 as aural exercises or examination questions; and,5

Edit or simplify purchased copies of music or plays provided that the fundamental character of6 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 the9 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 authorization13 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

17

18

Admission fees are used for educational or charitable purposes only.

All other musical and dramatic performances require permission from the copyright owner. Parents or19 others wishing to record a performance should check with the sponsor to ensure compliance with20 copyright.

21

22

23 24

Recording of Copyrighted Programs

Television programs, excluding news programs, transmitted by commercial and non-commercial25 television stations for reception by the general public without charge may be recorded off-air26 simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained27 by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of28 recording. Upon conclusion of this retention period, all off-air recordings must be erased or destroyed29 immediately. Certain programming such as that provided on public television may be exempt from this30 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, and37 repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive38 school days, excluding scheduled interruptions, in the 45 calendar day retention period. Off-air39 recordings may be made only at the request of and used by individual teachers, and may not be regularly40 recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the41 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 calendar46 day retention period only for evaluation purposes, i.e., to determine whether or not to include the47 broadcast program in the teaching curriculum. Permission must be secured from the publisher before the48 recording can be used for instructional purposes after the 10 day period.49 50

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Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from5 their original content. Off-air recordings may not be physically or electronically combined or merged to6 constitute teaching anthologies or compilations. All copies of off-air recordings must include the7 copyright notice on the broadcast program as recorded.

8

9

10 11

Authorized Reproduction and Use of Copyrighted Computer Software

Schools have a valid need for high-quality software at reasonable prices. To assure a fair return to the12 authors of software programs, the school district shall support the legal and ethical issues involved in13 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 school16 district shall be observed;

Staff members shall take reasonable precautions to prevent copying or the use of18 unauthorized copies on school equipment;19

A back-up copy shall be purchased, for use as a replacement when a program is lost or20 damaged. If the vendor is not able to supply a replacement, the school district shall make a21 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. The25 adapted program may not be distributed.26 27

28 29

Fair Use Guidelines for Educational Multimedia

Students may incorporate portions of copyrighted materials in producing educational multimedia projects30 such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or31 retain the projects.32 33 34 35 36 37

USE OF INFORMATION RESOURCES REGULATION38 39

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;

In assignments to students;

For remote instruction if distribution of the signal is limited;

Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be46 saved on-site only; or,47

In their personal portfolios.

Educators may use copyrighted materials in a multimedia project for two years, after that permission must49 be requested and received.50

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The following limitations restrict the portion of any given work that may be used pursuant of fair use in4 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 author8 or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 2509 words may be used, but no more than three excerpts from one poet or five excerpts from an10 anthology;11

Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations12 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 than14 ten percent or fifteen images whichever is less from a collective work;15

16

17

Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less;

Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of18 copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before19 such projects are placed online. The opening screen of such presentations shall include notice that20 permission was granted and materials are restricted from further use.

21 22 23 24 25

Procedure History:26 Promulgated on: 06/20/1327 Reviewed on:28 Revised on:29 30

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Learning Materials Review

Citizens objecting to specific materials used in the District are encouraged to submit a complaint

9

7 in writing using the Uniform Complaint Procedure (Policy 1700) and discuss the complaint with8 the building principal prior to pursuing a formal complaint.

10

Learning materials, for the purposes of this policy, are considered to be any material used in11 classroom instruction, library materials, or any materials to which a teacher might refer a student12 as part of the course of instruction.

13

14

15

16

17

18

Cross Reference: 1700 Uniform Complaint Procedure

Policy History:19

Adopted on: 06/20/1320 Reviewed on:21 Revised on:22

© MTSBA 2012
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Field Trips, Excursions, and Outdoor Education

The Board recognizes that field trips, when used as a device for teaching and learning integral to7 the curriculum, are an educationally sound and important ingredient in the instructional program8 of the schools. Such trips can supplement and enrich classroom procedures by providing9 learning experiences in an environment beyond the classroom. The Board also recognizes that10 field trips may result in lost learning opportunities in missed classes. Therefore, the Board11 endorses the use of field trips, when educational objectives achieved by the trip outweigh any12 lost in-class learning opportunities.

13

14

Field trips must be approved by the building principal and have an educational purpose and15 itinerary.

16

17

Staff members may not solicit students during instructional time for any privately arranged field18 trip or excursion without Board permission.

19

20

The presence of a person with a currently valid first aid card is required during school-sponsored21 activities, including field trips, athletic, and other off-campus events.

22 23 24

25

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance26

27

Policy History:28 Adopted on: 06/20/1329

Reviewed on:30 Revised on:31

© MTSBA 2012
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Controversial Issues and Academic Freedom

6

The District will offer courses of study which will afford learning experiences appropriate to7 levels of student understanding. The instructional program respects the right of students to face8 issues, to have free access to information, to study under teachers in situations free from9 prejudice, and to form, hold, and express their own opinions without personal prejudice or10 discrimination.

11

12

Teachers will guide discussions and procedures with thoroughness and objectivity to acquaint13 students with the need to recognize various points of view, importance of fact, value of good14 judgment, and the virtue of respect for conflicting opinions.

15

16

19

20

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 free18 exchange of ideas and information.

In a study or discussion of controversial issues or materials, however, the Board directs teaching21 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; and27

28 29

30

31

5. Necessity to seek administrative counsel and guidance in such matters.

Legal Reference: Article X, Sec. 8, Montana Constitution - School district trustees32 § 20-3-324(16) and (17), MCA Powers and duties

33

34

Policy History:35

36

Adopted on: 06/20/13

Reviewed on:37

Revised on:38

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Religion and Religious Activities

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In keeping with the United States and Montana Constitutions and judicial decisions, the District may not7 support any religion or endorse religious activity. At the same time, the District may not prohibit private8 religious expression by students. This policy provides direction to students and staff members about the9 application of these principles to student religious activity at school.

11

12

13

Student Prayer and Discussion

Students may pray individually or in groups and may discuss their religious views with other students, as14 long as they are not disruptive or coercive. The right to engage in voluntary prayer does not include the15 right to have a captive audience listen, to harass other students, or to force them to participate. Students16 may pray silently in the classroom, except when they are expected to be involved in classroom instruction17 or activities.

18

19

Staff Members20

21

Staff members are representatives of the District and must “navigate the narrow channel between22 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 appropriateness29 and dignity of the occasion, the District sponsors and pays for graduation ceremonies and retains ultimate30 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 at34 graduation, including requests by students to open or deliver a prayer at graduation. The District may not35 prefer the beliefs of some students over the beliefs of others, coerce dissenters or nonbelievers, or36 communicate any endorsement of religion.

37

38

Baccalaureate Ceremonies39

40

Students and their families may organize baccalaureate services, at which attendance must be entirely41 voluntary. Organizers of baccalaureate services may rent and have access to school facilities on the same42 basis as other private groups and may not receive preferential treatment. The District may not be43 identified as sponsoring or endorsing baccalaureate services. District funds, including paid staff time,44 may not be used directly or indirectly to support or subsidizeany religious services.

45

46

47

48

Assemblies, Extracurricular and Athletic Events

District officials may not invite or permit members of the clergy, staff members, or outsiders to give49 prayers at school-sponsored assemblies and extracurricular or athletic events. District officials also may50

© MTSBA 2012
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4 Furthermore, prayer may not be broadcast over the school public address system, even if the prayer is5 nonsectarian, nonproselytizing, and initiated by students.6

7

not organize or agree to student requests for prayer at assemblies and other school-sponsored events.

8 9

Student Religious Expression and Assignments

Students may express their individual religious beliefs in reports, tests, homework, and projects. Staff10 members should judge their work by ordinary academic standards, including substance, relevance,11 appearance, composition, and grammar. Student religious expression should neither be favored nor12 penalized.

13

14

15

16

Religion in the Curriculum

Staff members may teach students about religion in history, art, music, literature, and other subjects in

17 which religious influence has been and continues to be felt. However, staff members may not teach18 religion or advocate religious doctrine or practice. The prohibition against teaching religion extends to19 curricular decisions which promote religion or religious beliefs.20

21

School programs, performances, and celebrations must serve an educational purpose. The inclusion of22 religious music, symbols, art, or writings is permitted, if the religious content has a historical or23 independent educational purpose which contributes to the objectives of the approved curriculum. School24 programs, performances, and celebrations cannot promote, encourage, discourage, persuade, dissuade, or25 discriminate against a religion or religious activity and cannot be oriented to religion or a religious26 holiday.27

28

Student Religious Clubs29

30

Students may organize clubs to discuss or promote religion, subject to the same constitutionally31 acceptable restrictions the District imposes on other student-organized clubs.32 33

Distribution of Religious Literature34 35

Students may distribute religious literature to their classmates, subject to the same constitutionally36 acceptable restrictions the District imposes on distribution of other non-school literature. Outsiders may37 not distribute religious or other literature to students on school38 property, consistent with and pursuant to the District policy on solicitations (Policy 4321).39

40

41

42

Religious Holidays

Staff members may teach objectively about religious holidays and about religious symbols, music, art,43 literature, and drama which accompany the holidays. They may celebrate the historical aspects of the44 holidays but may not observe them as religious events.

45 46 47

Policy History:48

Adopted on: 06/20/1349

Reviewed on:50 Revised on:51

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6

Participation in Commencement Exercises

7

Statement of Policy

8

A student’s right to participate in a commencement exercise of the graduating class at Joliet High School9 is an honor. As such, participation in this ceremony is reserved for those members of the graduating class10 who have completed all state and local requirements for graduation before the date of the ceremony.

11 Students who have not met the requirements for graduation, by graduation day, as set by the State of

12 Montana and the Joliet School District will not be allowed to walk or participate in the commencement13 exercise. Students who complete their requirements after the date of commencement exercises will

14 receive their diplomas at that time.

15

16

17

18

Organization and Content of Commencement Exercises

The school administration may invite graduating students to participate in high school graduation19 exercises according to academic class standing or class officer status. Any student who, because of20 academic class standing, is requested to participate may choose to decline the invitation.

21

22

The school administrators will review presentations and specific content, and may advise participants23 about appropriate language for the audience and occasion. Students selected to participate may choose to24 deliver an address, poem, reading, song, musical presentation, or any other pronouncement of their25 choosing.

26

27

The printed program for a commencement exercise will include the following paragraphs:28 29

Any presentation by participants of graduation exercises is the private expression30 of an individual participant and does not necessarily reflect any official position of the31 District, its Board, administration, or employees, nor does it necessarily indicate the32 views of any other graduates.

33

The Board recognizes that at graduation time and throughout the course of the34 educational process, there will be instances when religious values, religious practices,35 and religious persons will have some interaction with the public schools and students.36 The Board, while not endorsing any religion, recognizes the rights of individuals to have37 the freedom to express their individual political, social, or religious views.38

39

40

41

Legal Reference: Art. II, Sec. 5, Montana Constitution - Freedom of religion

Art. X, Sec. 7, Montana Constitution - Nondiscrimination in education42

43

44

45

46

Policy History:47

48

§ 20-5-201(3), MCA Duties and Sanctions

§ 20-1-308, MCA Religious instruction released time program

§ 20-7-112, MCA Sectarian publications prohibited and prayer permitted

Adopted on: 06/20/13

Reviewed on:49

Revised on:50

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Health Enhancement

Health, family life, and sex education, including information about parts of the body,7 reproduction, and related topics, will be included in the instructional program as appropriate to8 grade level and course of study. An instructional approach will be developed after consultation9 with parents and other community representatives. Parents may ask to review materials to be10 used and may request that their child be excluded from sex education class sessions without11 prejudice.

12

13

The Board believes HIV/AIDS and other STD/STI instruction is most effective when integrated14 into a comprehensive health education program. Instruction must be appropriate to grade level15 and development of students and must occur in a systematic manner. The Board particularly16 desires that students receive proper education about HIV and other STD/STI’s, before they reach17 the age when they may adopt behaviors which put them at risk of contracting the disease.

18

19

In order for education about HIV and other STD/STI’s to be most effective, the Superintendent20 will require that faculty members who present this instruction receive continuing in-service21 training which includes appropriate teaching strategies and techniques. Other staff members not22 involved in direct instruction, but who have contact with students, will receive basic information23 about HIV/AIDS and other STD/STI’s and instruction in use of universal precautions when24 dealing with body fluids.

25

26

In accordance with Board policy, parents will have an opportunity to review the HIV/STD/STI27 education program, before it is presented to students.

28 29

30 31

Legal Reference: §§ 50-16-1001, et seq., MCA AIDS Education and Prevention32 (AIDS Prevention Act)

33

34

Policy History:35

36

Adopted on: 06/20/13

Reviewed on:37

Revised on:38

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High School Graduation Requirements

The Board will award a regular high school diploma to every student enrolled in the District who7 meets graduation requirements established by the District. The official transcript will indicate8 the specific courses taken and level of achievement.9

10

The Board will establish graduation requirements which, at a minimum, satisfy those established11 by the Board of Public Education (A.R.M. 10.55.904 and 905). Generally, any change in12 graduation requirements promulgated by the Board will become effective for the next class to13 enter ninth (9th) grade. Exceptions to this general rule may be made, when it is determined by14 the Board that proposed changes in graduation requirements will not have a negative effect on15 students already in grades nine (9) through twelve (12). The Board will approve graduation

16 requirements as recommended by the Superintendent.

17

18

To graduate from Joliet High School, a student must have satisfactorily completed the last19 quarter prior to graduation as a Joliet High School student. Highly unusual exceptions may be20 considered by the principal, such as a student exchange program in a recognized school.

21 22

A student with a disabling condition will satisfy those competency requirements incorporated23 into the individualized education program (IEP). Satisfactory completion of the objectives24 incorporated in the IEP will serve as the basis for determining completion of a course.25 26

A student may be denied participation in graduation ceremonies in accordance with 20-5-201(3),27 MCA. In such instances the diploma will be awarded after the official ceremony has been held.28 29 30 31

Legal Reference: § 20-5-201, MCA Duties and sanctions

32 § 20-3-322 (3), MCA Meetings and Quorum33

10.55.904, ARM Basic Education Program Offerings: High School34 10.55.905, ARM Graduation Requirements35 10.55.906, ARM High School Credit36 37

Policy History:38

Adopted on: 06/20/1339

Reviewed on:40 Revised on:41

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High School Graduation Requirements

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Publication of Graduation Requirements

Prior to registering in high school, each student will be provided with a copy of the current9 graduation requirements. Graduation requirements shall also be included in the student10 handbook.

11

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Credits13

14

Students shall be expected to earn a total of twenty-six (26) credits in order to complete15 graduation requirements. Special education students who have successfully completed their IEP16 leading to completion of high school will be awarded a diploma.

17

18

19

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Waiver of Requirement

Graduation requirements generally will not be waived under any circumstances. However, in21 rare and unique hardship circumstances, the principal may recommend and the Superintendent22 approve minor deviation from the graduation requirements.

23

24

25 26

Alternative Programs

Credit toward graduation requirements may be granted for planned learning experiences from27 accredited programs, such as university courses, Odyssey Ware classes, and correspondence28 courses.29

30

All classes attempted at Joliet High School and all acceptable transfer credits shall be recorded31 on the transcript. All grades earned, including failures and retakes, shall be recorded as such and32 utilized in the calculation of Grade Point Average and class rank. Credit shall be awarded only33 once regardless of repetition of the course.

34

35

Dual Credit36

37

Dual credit allows high schools students to simultaneously earn credit toward both a high school38 diploma and college coursework that can lead to a postsecondary degree or certificate, or toward39 transfer to another college. The primary purpose of offering dual credit courses is to deliver high40 quality, introductory, college level courses to high-performing high school students. The41 Joliet School District has dual credit partnerships with [name of post-secondary institutions].42 Students interested in dual credit opportunities must meet with their building administration to43 determine available options.

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Students should be aware of Montana High School Association on-campus attendance eligibility4 requirements for activity participation.

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Honor Roll7

8

10

A student must have a minimum grade-point average of 3.00 to be placed on the regular honor9 roll. Specific information regarding honors at graduation are included in the student handbook.

11

12

13

Class Rank (Grade Point Average)

Class Rank is compiled from semester grades. Courses not eligible for GPA are designated with14 an asterisk on the report card.

15

16

17

18

Early Graduation

In accordance with provisions of § 20-9-313, MCA, the Board hereby authorizes the high school19 principal to grant permission to students who have completed the minimum requirements for20 graduation after completion of the seventh (7th) semester.

21

22

Students interested in graduating early must make application to the Joliet Board of Trustees and23 show evidence of need in one or more of the following areas:24

1. Advancement in academic and/or vocational training.25

26

2. Entrance into military service.

3. Hardship in which such income earned by the applicant is necessary for27 maintenance of the family unit.

28 29

30 belonging may be increased31

Legal Reference: § 20-9-313, MCA Circumstances under which regular average number

32

Procedure History:33

Promulgated on: 06/20/1334

Reviewed on:35 Revised on:36

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Credit Transfer and Assessment for Placement

Grades 9-127

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Requests for transfer of credit or grade placement from any non-accredited, nonpublic school9 will be subject to examination and approval before being accepted by the District. This will be10 done by the school counselor or principal or, in the case of home schools, by a credit evaluation11 committee consisting of a counselor, a staff member from each subject area in which credit is12 being requested, and a school principal.

13

14

The credit evaluation committee will:15

16

1. Document that a student has spent approximately the same number of classroom hours in17 home school as would have been spent in a regular class in the District;18 19

2. Document that a student followed a curriculum essentially similar to that of a course for20 which credit is requested;21 22

3. Document that in the event of a credit request in a lab, industrial arts, or music course,23 equipment and facilities were sufficient to meet required learning activities of the course;24 25

4. Require that a student has satisfactorily passed, in all courses in which a final exam26 normally is given, a final exam prepared and administered by a staff member in the27 District.

28

29

The District will give credit only for home schools which have met all requirements as specified30 in Montana law. Credit from home schools will be accepted only when a like course is offered31 in the District.32

33

The school transcripts will record courses taken in home schools or non-accredited schools by34 indicating title of the course, school where the course was taken, and grade.35

36

For the purpose of calculation of class rank, only those courses taken in an accredited school will37 be used.38

39

Grades 1-840

41

Requests from parents of students in non-accredited, nonpublic schools for placement in the42 District school system will be evaluated by an assessment-for-placement team. That team will43 include:44

45

1. A school principal;46

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2. One (1) teacher of the grade in which the student is being considered for enrollment; and4 5

3. One (1) counselor (grades 6-8 only) (OPTIONAL).6

7

The assessment-for-placement team will cause the District-adopted norm-referenced test and/or8 the end-of-the-year subject-matter test to be administered and scored. The assessment-for-9 placement team will take into account the following in its recommendation for grade placement:10 11

1. Documentation that the non-accredited, nonpublic school has provided a comparable12 number of hours as the child would have attended in a public or private school;13 14

2. That the child followed a similar curriculum as would have been provided in an15 accredited public or private school;16 17

3. That the result of the end-of-the-year test indicates the student has mastered most18 prerequisite skills; and19 20

4. That the child has completed the MAPPS test.21 22

Parents of students in home schools are encouraged to maintain a log documenting dates of23 instruction, content of instruction, amount of time spent on that instruction, scores on tests, and24 grades in all activities.25

26

The District is not obligated to provide instructional materials for other public or private schools.27 28

If a parent or guardian is not in agreement with the placement of the child, he/she may request a29 hearing before the Board.30 31 32 33

Legal Reference: § 20-5-110, MCA School district assessment for placement of a child34 who enrolls from a nonaccredited, nonpublic school35 36

Policy History:37

Adopted on: 06/20/1338

Reviewed on:39

Revised on:40

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Grading and Progress Reports

The Board believes cooperation of school and home is a vital ingredient in the growth and7 education of students and recognizes its responsibility to keep parents informed of student8 welfare and progress in school.

9

10

The issuance of grades and progress reports on a regular basis serves as a basis for continuous11 evaluation of student performance and for determining changes that should be made to effect12 improvement. These reports will be designed to provide information helpful to the students,13 teachers, counselors, and parents.

14

15

The Board directs the Superintendent to establish a system of reporting student progress and will16 require all staff to comply with such a system as part of their teaching responsibility. Staff and17 parents will be involved.

18

19 20 21

Policy History:22

Adopted on: 06/20/1323 Reviewed on:24 Revised on:25

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Promotion and Retention5

6

Student placement, promotion, or retention will be determined after a careful evaluation of the7 advantages and disadvantages of alternatives.

8 9

All factors must be considered when an alteration to a student’s normal progression through10 school is contemplated. Quantitative measures, such as age, physical size, ability, and level of11 academic achievement, shall be supplemented by a qualitative assessment of student motivation,12 self-image, and social adjustment. Students will not be promoted for purely social reasons.

13

14

Teaching staff and building principals will make final decisions respecting promotion or15 retention.

16

17 18 19

Policy History:20 Adopted on: 06/20/1321 Reviewed on:22 Revised on:23

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Joliet Public Schools

Recognition of Native American Cultural Heritage

The District recognizes the distinct and unique cultural heritage of Native Americans and is

committed in the District’s educational goals to the preservation of such heritage.

In furtherance of the District’s educational goals, the District is committed to:

Working cooperatively with Montana Tribes in close proximity to the District, when12 providing instruction, when implementing educational goals or adopting rules relating to

education of students in the District;

Periodically reviewing its curriculum to ensure the inclusion of cultural heritage of

Native Americans, which will include but not necessarily be limited to:

Considering methods by which to provide books and materials reflecting

authentic historical and contemporary portrayals of Native Americans;20

Taking into account individual and cultural diversity and differences among22 students;

Providing necessary training for school personnel, with the objective of gaining an25 understanding and awareness of Native American culture, which will assist the District’s26 staff in its relations with Native American students and parents.

28

The Board may require certified staff to satisfy the requirements for instruction in American29 Indian studies, set forth in § 20-1-503, MCA.30 31 32

Legal Reference: Art. X, Sec. 1(2), Montana Constitution34 §§ 20-1-501, et seq., MCA Indian Education for All35 10.55.603 ARM Curriculum and Assessment36 10.55.701 ARM Board of Trustees37 10.55.803 ARM Learner Access38 39

Policy History:40 Adopted on: 06/20/1341 Reviewed on:42 Revised on:43

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School Wellness5

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The School District is committed to providing school environments that promote and protect children’s7 health, well being, and ability to learn by supporting healthy eating and physical activity. Therefore, it is8 the policy of the 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 health12 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 school14 nutrition environment is recommended.15

2. Goals for nutrition education, nutrition promotion, physical activity, and other school16 based activities that are designed to promote student wellness in a manner that the local17 education agency determines appropriate.18

3. Implementation, Periodic Assessment, and Public Updates, including expanding the purpose of19 the team of collaborators beyond the development of a local wellness policy to also include the20 implementation of the local wellness policy with periodic review and updates, inform and update21 the public every three years, at a minimum, (including parents, students, and others in the22 community) about the content and implementation of the local wellness policies, and to measure23 periodically and make available to the public an assessment of the local wellness policy,24 including:25

• The extent to which schools are in compliance with the local wellness policy;26

• The extent to which the LEA’s local wellness policy compares to model local school27 wellness policies; and28

• The progress made in attaining the goals of the local wellness policy.29

4. Nutrition guidelines for all foods available on each school campus under the local education30 agency during the school day, with the objectives of promoting student health and nutrient rich31 meals and snacks. This includes food and beverages sold in a la carte sales, vending machines,32 and student stores; and food and beverages used for classroom rewards and fundraising efforts33

5. Guidelines for reimbursable school meals to ensure that the District offers school meal programs34 with menus meeting the meal patterns and nutrition standards established by the U.S. Department35 of Agriculture36

6. A plan for measuring implementation of the local wellness policy, including designation of one37 or more persons within the local education agency or at each school, as appropriate, charged with38 operational responsibility for ensuring that each school fulfills the District’s local wellness policy.39

40

The suggested guidelines for developing the wellness policy include:41 42

Nutrition Education and Nutrition Promotion43

All students K 12 shall receive nutrition education that teaches the knowledge and skills needed to adopt44 healthy eating behaviors and is aligned with the Montana Health Enhancement Standards. Nutrition45 education shall be integrated into the curriculum. Nutrition information and education shall be offered and46 promoted throughout the school campus and based on the U.S. Dietary Guidelines for Americans. Staff47 who provide nutrition education shall have the appropriate training, such as in health enhancement or48 family and consumer sciences.49 50

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Health Enhancement and Physical Activity Opportunities

The District shall offer health enhancement opportunities that include the components of a quality health5 enhancement program taught by a K 12 certified health enhancement specialist, if permitted by staffing6 levels. Health enhancement shall equip students with the knowledge, skills, and values necessary for7 lifelong physical activity. Health enhancement instruction shall be aligned with the Montana Health8 Enhancement Standards.9

10

All K 12 students of the District shall have the opportunity to participate regularly in supervised,11 organized or unstructured, physical activities, to maintain physical fitness, and to understand the short12 and long term benefits of a physically active and healthy lifestyle.13

14

Nutrition Standards15

The District shall ensure that reimbursable school meals and snacks meet the program requirements and16 nutrition standards found in federal regulations including but not limited to Smart Snacks in School17 Nutrition Standards. The District shall encourage students to make nutritious food choices through18 accessibility, advertising and marketing efforts of healthful foods.19

20

The District shall monitor all food and beverages sold or served to students during the normal school day,21 including those available outside the federally regulated child nutrition programs (i.e., a la carte, vending,22 student stores, classroom rewards, fundraising efforts) The District shall consider nutrient density and23 portion size before permitting food and beverages to be sold or served to students The Superintendent24 shall continually evaluate vending policies and contracts. Vending contracts that do not meet the intent25 and purpose of this policy shall be modified accordingly or not renewed.26

27

Other School-Based Activities Designed to Promote Student Wellness28

The District may implement other appropriate programs that help create a school environment that29 conveys consistent wellness messages and is conducive to healthy eating and physical activity, such as30 staff wellness programs, non-food reward system and fundraising efforts31 32

33

Maintaining Student Wellness

The Superintendent shall develop and implement administrative rules consistent with this policy. Input34 from teachers, parents/guardians, students, school food service program, the school Board, school35 administrators, and the public shall be considered before implementing such rules. A sustained effort is36 necessary to implement and enforce this policy. The Superintendent shall measure how well this policy is37 being implemented, managed, and enforced. The Superintendent shall report to the Board, as requested,38 on the District’s programs and efforts to meet the purpose and intent of this policy.39 40

Legal Reference: PL 108 265 The Child Nutrition and WIC Reauthorization Act of 200441

PL 111 296 The Healthy, Hunger Free Kids Act of 201042

Policy History:43

Adopted on: 6/20/1344

Reviewed on:45

Revised on: 8/18/2246

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3000 SERIES STUDENTS

TABLE OF CONTENTS

Entrance, Placement, and Transfer

R 3120 Compulsory Attendance 3121 3121P Enrollment and Attendance Records 3122 Attendance Policy

R 3123 Attendance Policy Truancy 3124 Military Compact Waiver

R 3125 Education of Homeless Children 3130 Students of Legal Age 3141 Discretionary Nonresident Student Attendance Policy 3145 Foreign Exchange Students 3150 Part Time Attendance

3200 Student Rights and Responsibilities

R 3210

Equal Education, Nondiscrimination and Sex Equity 3221 Student Publications

3222 Distribution and Posting of Materials 3224 Student Dress

R 3225 Sexual Harassment/Intimidation of Students 3225F Harassment Reporting Form for Students

R 3226 Bullying/Harassment/Intimidation/Hazing 3231 3231P Searches and Seizure 3233 Student Use of Buildings: Equal Access 3235 Video Surveillance

R 3300 Suspension and Expulsion

R 3300P Corrective Actions and Punishment

R 3310

Student Discipline 3310P Discipline of Students With Disabilities 3311 Firearms and Weapons 3340 Extra and Co Curricular Alcohol, Drug, and Tobacco Use

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3413

Student Health/Physical Screenings/Examinations

Student Immunization

Student Immunization Medical Exemption 3413F2

3413F1

Student Immunization Religious Exemption

R 3415 3415P Management of Sports Related Concussions

R 3415F

Student Athlete & parent/Legal Custodian Concussion Statement 3416 Administering Medicines to Students 3416F

Montana Authorization to Carry and Self Administer Medication 3416F1

Montana Authorization to Possess or Self Administer Asthma, Severe Allergy, or Anaphylaxis Medication

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Communicable Diseases

3420 Head Lice

3431 Emergency Treatment

3431F Accident Report

3440 3440P

Removal of Student During School Day

R 3520 Student Fees, Fines, and Charges

3550 Student Clubs

3600 3600P 3600F1 Student Records

3600F2

Student Directory Information Notification

R 3606 Transfer of Student Records

R 3608 Receipt of Confidential Records

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

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Acceptable Use of Electronic Networks

3612F Acceptable Use Form

3630 Cell Phones and Other Electronic Equipment

3650 Montana Pupil Online Personal Information Protection Act

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Entrance,Placement,andTransfer

TopofForm6

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Entrance,Date,andAge

Thetrusteeswillenrollandadmitachildtoaschoolinthedistrictwhenthechildis5yearsof9 ageorolderonorbeforethetenth(10th)dayofSeptemberoftheschoolyearinwhichthechild10 istoenrollbutisnotyet19yearsofagewhoisaresidentoftheDistrict. Parentsmayrequesta

11 waiveroftheagerequirement. AllwaiversaregrantedinthesolediscretionoftheTrustees.

12 Non-residentstudentsmaybeadmittedatthediscretionoftheTrustees.Childrenwillbe13 enrolledinthegradeidentifiedinaccordancewithDistrictpolicyoratthediscretionoftheofthe14 administrationinconsultationwiththestudent’sparentsorguardians. TheDistrictrequires15 proofofidentityandanimmunizationrecordforeverychildtobeadmittedtoDistrictschools.

16 Thetrusteesmayattheirdiscretionassignandadmitachildtoaschoolinthedistrictwhois

17 under5yearsofageoranadultwhois19yearsofageorolderifthereareexceptional

18 circumstancesthatmeritwaivingtheageprovision.

19

20

SchoolEntrance21

22

1. TheDistrictrequiresthatastudent’sparents,legalguardian,orlegalcustodianpresent23 proofofidentityofthechild1 totheschoolwithinforty(40)daysofenrollment,aswell24 asproofofresidenceintheDistrict. StudentswhoarenotresidentsoftheDistrictmay25 applyforadmissionpursuanttoPolicy3141.26 27

2. TobeadmittedtoDistrictschools,inaccordancewiththeMontanaImmunizationLaw,a28 childmusthavebeenimmunizedagainstvaricella,diphtheria,pertussis,tetanus,29 poliomyelitis,rubella,mumps,andmeaslesinthemannerandwithimmunizingagents30 approvedbythedepartment. Immunizationsmaynotberequiredifachildqualifiesfor31 conditionalattendanceoranexemptionisfiledasprovidedbyMontanalaw.

32 33

3. Theaboverequirementsarenottoserveasbarrierstoimmediateenrollmentofstudents34 designatedashomelessorfosterchildrenasrequiredbytheEveryStudent SucceedsAct35 (ESSA)andtheMcKinney-VentoActasamendedbyESSA. TheDistrictshallwork

36 withthelocalchildwelfareagency,theschoollastattended,orotherrelevantagenciesto37 obtainnecessaryenrollmentdocumentationandensureastudentreceiveseducation38 servicesinthebestinterestsofthechild.TheSuperintendentordesigneeshallserveas39 pointofcontactwithallapplicableagenciestoreviewrecords,facilitateservicesand

40 resolvedisputes.

41 42

Placement43

44

TheDistrictgoalistoplacestudentsatlevelsandinsettingsthatwillincreasetheprobabilityof45 studentsuccess. Developmentaltesting,togetherwithotherrelevantcriteria,includingbutnot46

1

Forthepurposesofthissection“proofofidentity”meansacertifiedcopyofabirthcertificate,acertified transcriptorsimilarstudentrecordsfromthepreviousschool,oranydocumentaryevidencethataschool districtconsiderstobesatisfactoryproofofidentity.44-2-511(6)(a),MCA

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limitedtohealth,maturity,emotionalstability,anddevelopmentaldisabilities,maybe4 consideredintheplacementofallstudents. Finaldispositionofallplacementdecisionsrests5 withtheprincipal,subjecttoreviewbytheSuperintendentortheBoard.

6

7

Transfer:Districtpoliciesregulatingtheenrollmentofstudentsfromotheraccreditedelementary8 andsecondaryschoolsaredesignedtoprotecttheeducationalwelfareofchildren.9

10

ElementaryGrades(K-8):AstudenttransferringintotheDistrictwillbeadmittedandplaced11 subjecttoobservationbyappropriateteachersandabuildingprincipalduringaprobationperiod12 oftwo(2)weeks. Thereafter,shoulddoubtarise astoinitialgradeandlevelplacementofa13 student,schoolpersonnelwillconductaneducationalassessmenttodetermineappropriategrade14 andlevelplacement.

15

16

SecondaryGrades(9-12)CreditTransfer: Atransferofcreditsfromanysecondaryschoolis17 subjecttoasatisfactoryexaminationofthefollowing:18

19

1. Appropriatecertificatesofschoolaccreditation;20

2. Lengthofcourse,schoolday,andschoolyear;21

3. Contentofapplicablecourses;22

4. Schoolbuildingasitrelatestocreditearned(i.e.,labareasforappropriatescienceor23 vocationalinstruction);

24

5. Appropriateevaluationofstudentperformanceleadingtowardcreditissuance.25 26

TheDistrictwillfollowMontanaAccreditationRulesandStandards,alongwithlocalalternate27 proceduresforearningcredit,inreviewingrequestsfortransferofcredits. Highschool28 principalshaveauthorityforapprovingcredittransfers,subjecttoreviewby theSuperintendent29 ortheBoard.30

31

32

LegalReference: §20-5-101,MCA Admittanceofchildtoschool

§20-5-403,MCA Immunizationrequired–releaseand33 acceptanceofimmunizationrecords34

§20-5-404,MCA Conditionalattendance35

36

§20-5-405,MCA Medicalorreligiousexemption

§20-5-406,MCA Immunizationrecord37

§44-2-511,MCA Schoolenrollmentprocedure38 10.16.3122,ARM LocalEducationalAgencyResponsibility39 ForStudentswithDisabilities

40

10.55.601,etseq.,ARM AccreditationStandards: Procedures41

42

PolicyHistory:43

44 Reviewedon:45

Adoptedon: 06/20/13

Revisedon: 01/11/16,11/11/201946

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Compulsory Attendance

6

To reach the goal of maximum educational benefits for every child requires a regular continuity of7 instruction, classroom participation, learning experiences, and study. Regular interaction of students with8 one another in classrooms and their participation in instructional activities under the tutelage of competent9 teachers are vital to the entire process of education. This established principle of education underlies and10 gives purpose to the requirement of compulsory schooling in every state in the nation. A student’s regular11 attendance also reflects dependability and is a significant component of a student’s permanent record.

12

13

Parents or legal guardians or legal custodians are responsible for seeing that their children who are age14 seven (7) or older before the first (1st) day of school attend school until the later of the following dates:15

16

1. Child’s sixteenth (16th) birthday; or17

2. Completion date of the work of eighth (8th) grade.18 19

The provisions above do not apply in the following cases:20 21

(a) The child has been excused under one of the conditions specified in 20-5-102.22

(b) The child is absent because of illness, bereavement, or other reason prescribed by the23 policies of the trustees.24

(c) The child has been suspended or expelled under the provisions of 20-5-202.25 26

Compulsory attendance stated above will not apply when children:27 28

1. Are provided with supervised correspondence or home study; or29

2. Are excused because of a determination by a district judge that attendance is not in the best30 interests of the child; or31

3. Are enrolled in a non-public or home school; or32

4. Are enrolled in a school in another district or state; or33

5. Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the34 best interests of the child and the school.35

36

Legal Reference: § 20-1-308, MCA Religious instruction released time program37

§ 20-5-101, MCA Admittance of child to school38

§ 20-5-102, MCA Compulsory enrollment and excuses39

§ 20-5-103, MCA Compulsory attendance and excuses40

§ 20-5-104, MCA Attendance officer41

42

§ 20-5-106, MCA Truancy

§ 20-5-107, MCA Incapacitated and indigent child attendance43

44 compulsory attendance and other agreements45

46

Policy History:47

48

Adopted on: 06/20/13

Reviewed on:49 Revised on:50

§ 20-5-108, MCA Tribal agreement with district for Indian child

§ 20-5-202, MCA Suspension and Expulsion

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Since accurate enrollment and attendance records are essential both to obtain state financial7 reimbursement and to fulfill the District’s responsibilities under the attendance laws, staff shall8 be diligent in maintaining such records.9 10

A district may only include, for ANB purposes, any student who participates in pupil instruction11 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 student15 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 and18 receiving individualized educational services supervised by the district, at district19 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 youth22 detention center, and who is receiving individualized educational services supervised by23 the district, at district expense, at a home or facility that does not offer an educational24 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 a29 placement by the trustees at a private nonsectarian school or private program if the30 student’s services are provided at the district’s expense under an approved individual31 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 licensed37 district staff at a private residential program or private residential facility licensed by the38 Department of Public Health and Human Services;39

40

• Enrolled in an educational program or course provided at district expense using electronic41 or offsite delivery methods, including but not limited to tutoring, distance learning42 programs, online programs, and technology delivered learning programs, while attending43 a school of the district or any other nonsectarian offsite instructional setting with the44 approval of the trustees of the district;45 46

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A student of the district completing work on a proficiency basis in accordance with4 Sections 20 9 311(4)(d) and 20 9 324(18)(b), MCA;5

A student enrolled by the Board for exceptional circumstances as defined in applicable7 District policies and in accordance with Section 20 5 101, MCA8 9

A student gaining credit for participating in a work based learning program pursuant to10 Section 20 7 1510, MCA, and Policy 2600;11 12

A student participating in an “innovative educational program” as defined in Section 1513 30 3102, MCA;14 15

A resident of the district attending a Montana job corps program under an interlocal16 agreement with the district under Section 20 9 707, MCA; or17 18

A resident of the district attending a Montana Youth Challenge Program under an19 interlocal agreement with the district under Section 20 9 707, MCA.20 21

A student with a disability who is over 19 years old but under 21years of age, has been22 enrolled by the Board of Trustees in accordance with Policy 3110, and qualifies in23 accordance with Section 20-9-311(7), MCA, to remain enrolled and be served by schools,24 if the following criteria are satisfied:25 26

• the student has not graduated;27

• the student is eligible for special education services and is likely to be eligible for28 adult services for individuals with developmental disabilities due to the29 significance of the student's disability; and30

• the student's individualized education program has identified transition goals that31 focus on preparation for living and working in the community following high32 school graduation since age 16 or the student's disability has increased in33 significance after age 16.34 35

In order for a student who is served through distance learning or offsite delivery methods to be36 included in the calculation of average number belonging, the student must meet one or more of37 the conditions for participating in offsite instruction pursuant to Section 20 7 118, MCA38 39

Enrollment for Purposes of Participation in Extracurricular Activities By an Unenrolled Child or40 Part Time Enrolled Student41

42

The District shall include for ANB purposes a child who during the prior school year:43 a. resided in the District;44 b. was not enrolled in the District or was not enrolled full time; and45 46

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c. completed an extracurricular activity with a duration of at least 6 weeks in accordance4 with Policy 3510.

5

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10

Each completed extracurricular activity that, inclusive of practices and post season tournaments,7 lasts 6 weeks or longer shall be counted as one sixteenth enrollment. Each completed8 extracurricular activity lasting longer than 18 weeks may be counted as one eighth enrollment. A9 child may not be counted as more than one full time enrollment for ANB purposes.

11

12

For purposes of calculating ANB under this section, "extracurricular activity" means:

a. a sport or activity sanctioned by an organization having jurisdiction over interscholastic13 activities, contests, and tournaments;14

b. an approved career and technical student organization, pursuant to Section 20 7 306,15 MCA; or16

c. a school theater production.17 18

Homeless Youth and Foster Children19

Assignment to schools shall be subject to modification when federal law applicable to students20 placed in foster care or students who are homeless requires that such students be educated in a21 “school of origin” that differs from the assigned school.

22

23

24

Cross References: Policy 3510 School Sponsored Activities

Policy 2600 Work Based Learning25

Policy 1010FE/3100 Early Enrollment for Exceptional Circumstances26

27

§ 1 1 215, MCA Residence rules for determining28

Legal Reference:

§ 20 9 311, MCA Calculation of average number belonging (ANB)29

§ 20 9 706, MCA Running start program30

§ 20 9 707, MCA Agreement with Montana youth challenge program31 or accredited Montana job corps program32

§ 20 5 101, MCA Admittance of child to school33

§ 20 5 112, MCA Participation in Extracurricular Activities34

§ 20-1-101, MCA Definitions35

§ 20 3 324, MCA Powers and Duties36

37 partnerships38

§20 7 1510, MCA Credit for participating in work based learning

29 U.S.C. 794 Nondiscrimination under Federal grants39 and programs40

34 CFR 300.1, et seq. Assistance to states for the education of children41 with disabilities

42

Policy History:43

Adopted on: 6/20/1344

Reviewed on:45

Revised on: 8/18/2246

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Enrollment and Attendance Records

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Average Number Belonging

Average Number Belonging (ANB) is the enrollment measure used for the State Foundation9 Program calculations as defined in § 20 9 311, MCA. The ANB of one year is based on the10 attendance records of the preceding year. Funding for districts is based on ANB, which is based11 on “aggregate hours” per year and must be accurate. “Aggregate hours” means the hours of12 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 enrollment19 20

c) Attending 360 to 539 aggregate hours = One half time enrollment21 22

d) Attending 540 to 719 aggregate hours = Three-quarter time enrollment23

24

e) Attending 720 aggregate hours or more = Full time enrollment25 26

A school district may include in its calculation of ANB a pupil who is enrolled in a program27 providing fewer than the required aggregate hours of pupil instruction required under subsection28 20 9 311(4)(a) or (4)(b) if the pupil had demonstrated proficiency in the content ordinarily29 covered b y the instruction as determined by the school board using district assessments. The30 ANB must be converted to an hourly equivalent based on the hours of instruction ordinarily31 provided for the content over which the student has demonstrated proficiency. 20 9 311(4)(d).32 33

Homebound Students34 35

Students who are receiving instructional services, who were in the education program and, due to36 medical reasons certified by a medical doctor, are unable to be present for pupil instruction, may37 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; and42 43

c) Has instructional costs during the absence, which are financed by the District’s general44 fund.45 46

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4 variance through the Office of Public Instruction, for consideration of the student in the5 enrollment count for ANB purposes beyond the tenth (10th) day of absence.

If a homebound student does not meet the criteria set forth above, the District may request a

6

7

Attendance Accounting8

9

Days present and absent for every student are to be recorded in each building, for the purpose of10 informing parents of a student’s attendance record.

11

12

On the first (1st) Monday in October and on February 1st (or the next school day if those dates do13 not fall on a school day), the number of all enrolled students (whether present or absent) by grade14 level and class will be recorded on the forms provided by the District. Special education children

15 who are enrolled in special programs sixteen (16) hours or more a week will be listed separately.

16 The Director of Special Education should be contacted to verify this count. Monthly student17 counts of enrolled children by grade and classroom will be provided by the office.

18 19

20

21

22

Legal Reference: 10.20.102, ARM Calculation of Average Number Belonging (ANB)

§ 20-1-101, MCA Definitions23

24 three year averaging

§ 20 9 311, MCA Calculation of average number belonging (ANB)

25

26

Procedure History:27

28

Promulgated on: 06/20/13

Reviewed on:29 Revised on: 09/12/1630

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Attendance Policy

To reach the goal of maximum educational benefits for each child requires a regular continuity7 of instruction, classroom participation, learning experiences, and study. Regular interaction of8 students with one another in the classroom and their participation in instructional activities under9 the tutelage of competent teachers are vital to the entire process of education. This established10 principle of education underlies and gives purpose to the requirement of compulsory schooling in11 every state in the nation. The good things schools have to offer can only be presented to students12 in attendance.

13

14

A student’s regular school attendance also reflects dependability and is a significant component15 on a student’s permanent record. Future employers are as much concerned about punctuality and16 dependability as they are about academic record. School success, scholarship, and job17 opportunity are greatly affected by a good attendance record.

18 19

Specific procedures for student attendance can be found in the current student handbooks.20 21

Policy History:22 Adopted on: 06/20/1323 Reviewed on:24 Revised on:25

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Attendance Policy Truancy

10

Students are expected to attend all assigned classes each day. Teachers shall keep a record of absence and7 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 school9 day, to determine whether the parent, guardian, or custodian is aware of the child’s absence from school.

11

12 as defined by this policy, for all or any part of a school day equivalent to the length of one class period of13 a child required to attend a school under 20 5 103. “Habitual truancy” means recorded unexcused

For the purpose of this policy “truant” or “truancy” means the persistent non attendance without excuse,

14 absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year.

15

16

17 handbooks

The Joliet Public School’s definition of non attendance without excuse is stated in the respective student

18

19

20

21

The Joliet Public School’s has appointed the Superintendent as the attendance officer

Upon the board designating one or more of its staff as the attendance officer(s), the attendance officer(s)22 shall have the powers and duties as stated in 20 5 105(1) (Section 2), MCA.

23

24

25

§ 20 5 103, MCA Compulsory attendance and excuses26

Legal Reference:

§ 20 5 104, MCA Attendance officer27

28

§ 20 5 105, MCA Attendance officer powers and duties

§ 20 5 106, MCA Truancy29

30

31

32

Policy History:33

34

35

§ 20 5 107, MCA Incapacitated and indigent child attendance

§ 41 5 103(22), MCA Definitions

Adopted on: 06/20/13

Reviewed on: 9/12/22

Revised on:36

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Adopted on: 11/14/17

Reviewed on: 9/12/22

Revised on:

8 9

Military Compact Waiver

The State of Montana is one of numerous states across the country that is a member of the10 Interstate Compact on Educational Opportunity for Military Children. As a school district within11 the State of Montana subject to the laws of the State of Montana, the District shall follow the12 requirements of the Compact for students who enroll at the District for whom the Compact13 applies.

14

15

Purpose16

The purpose of the Interstate Compact on Educational Opportunity for Military Children is to18 remove barriers to educational success for children of military families due to frequent relocation19 and deployment of their parents. The Compact facilitates educational success by addressing20 timely student enrollment, student placement, qualification and eligibility for programs21 (curricular, co curricular, and extra curricular), timely graduation, and the facilitation of22 cooperation and communication between various member states’ schools.23 24

Applicability25 26

This Compact applies only to children of:27 28

1. Active duty members of the uniformed services as defined in the Compact, including29 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 and33 medically discharged or retired for a period of 1 year after medical discharge or34 retirement; and35 36

3. Members of the uniformed services who die on active duty or as a result of injuries37 sustained on active duty for a period of 1 year after death.38 39

Educational Records and Enrollment40 41

1. Hand Carried/Unofficial Educational Records: In the event that official educational42 records cannot be released to a parent for the purpose of school transfer, the custodian of43 records from the sending school shall prepare and furnish to the parent a complete set of44 unofficial educational records containing uniform information as determined by the45 Interstate Commission.46 47

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Upon receipt of the unofficial educational records, the District shall enroll and4 appropriately place the student based upon the information the school receives in the5 unofficial educational records, pending validation by the official records, as soon as6 possible.

7

8

2. Official Educational Records/Transcripts: At the time of enrollment and conditional9 placement of a qualifying student at the District, the District shall request the student’s10 official educational records from their last school of attendance.11

12

A school receiving such a request shall process the official educational records request13 and furnish such within a period of ten (10) days, or within the timeline determined to be14 reasonable by the Interstate Commission.15

16

3. Immunizations: The District shall provide a period of thirty (30) days from the date of17 enrollment, or such other time frame as determined by the rules of the Interstate18 Commission, within which students may obtain any immunizations required by the19 District. Where the District’s requirements include a series of immunizations, initial20 vaccinations must be obtained within thirty (30) days, or within the timeline determined21 to be reasonable by the Interstate Commission.22 23

4. Kindergarten and First Grade Entrance Age: Students shall be allowed to continue24 their enrollment at grade level at the District, commensurate with their grade level from25 their receiving school, including kindergarten, at the time of transition. However, the26 provisions of Montana Code 20 5 101 regarding trustees enrolling a child in kindergarten27 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 years29 of age, shall continue to apply.30 31

A student who has satisfactorily completed the prerequisite grade level in the sending32 school shall be eligible for enrollment in the next highest grade level in the District, at the33 receiving school, regardless of age.34 35

A student who is transferring into the District after the start of the school year shall enter36 the District on the student’s validated grade level from an accredited school in the37 sending state.38 39

Placement and Attendance40 41

1. Course Placement: Upon transfer of a qualifying student, the receiving District shall42 place the student in courses consistent with the student’s courses in the sending school43 and/or the school’s educational assessments.44 45 46

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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 promoting7 placement in academically and career challenging courses should be paramount when8 considering placement. This requirement does not preclude the District from performing9 subsequent evaluations to ensure appropriate placement and continued enrollment of the10 student in the course(s).11 12

2. Educational Program Placement: The District shall initially honor placement of the13 student in educational programs based on current educational assessments conducted at14 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 talented17 programs and English as a second language. This requirement does not preclude the18 District from performing subsequent evaluations to ensure appropriate placement of the19 student.20 21

3. Special Education Services: In compliance with the federal requirements of the22 Individuals with Disabilities Education Act, the District, as the receiving school, shall23 initially provide comparable services to a student with disabilities based on his or her24 current Individual Education Plan.25 26

In compliance with Section 504 of the Rehabilitation Act and with Title II of the27 Americans with Disabilities Act, the District, as the receiving school, shall make28 reasonable accommodations and modifications to address the needs of incoming students29 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 subsequent32 evaluations to ensure appropriate placement and/or accommodations are made for the33 student.34 35

4. Placement Flexibility: The District’s Administration shall have the flexibility to waive36 course/program prerequisites or other preconditions for placement in courses/programs37 offered by the receiving District.38 39

5. Absences Relating to Deployment Activities: A student whose parent/legal guardian is40 an active duty member of the uniformed services and has been called to duty for, is on41 leave from, or immediately returned from deployment in a combat zone or combat42 support position, shall be granted additional excused absences at the discretion of the43 District’s Superintendent to visit with his or her parent/legal guardian relative to such44 leave or deployment of the parent/guardian.45 46

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Eligibility

1. Eligibility for Enrollment: A Special Power of Attorney pertaining to the guardianship5 of a student of a military family and executed under applicable law shall be sufficient for6 the purposes of enrollment and all other actions requiring parental participation and7 consent.

8 9

The receiving District shall not charge tuition to a transitioning military student placed in10 the care of a noncustodial parent or other person standing in loco parentis who lives in a11 jurisdiction other than that of the custodial parent.

12

13

A transitioning military student, placed in the care of a noncustodial parent or other14 person standing in loco parentis who lives in a jurisdiction other than that of the custodial15 parent, may continue to attend the school in which he or she was enrolled when residing16 with the custodial parent.

17 18

2. Eligibility for Extra-Curricular Activity Participation: The District shall facilitate the19 opportunity for transitioning military students’ inclusion in extracurricular activities,20 regardless of application deadlines, to the extent the student is otherwise qualified.21 22

Graduation23

24

In order to facilitate the on time graduation of children of military families, the receiving District25 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 for29 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 District32 shall provide a reasonable justification for the denial. This justification shall be provided33 to the parent/legal guardian in writing.34 35

If the receiving District does not waive the specific course requirement for graduation36 and the student would have otherwise qualified to graduate from the sending school, the37 receiving District shall provide an alternative means of acquiring required course work to38 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 receiving41 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 sending44 school;45

B. National norm referenced achievement tests; or46

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C. Alternative testing.

In the event the above alternatives cannot be accommodated by the receiving District for6 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 at9 the beginning of or during the senior year be ineligible to graduate from the receiving10 District after all alternatives have been considered, the sending school and the receiving11 District shall ensure the receipt of a diploma from the sending school if the student meets12 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, the15 member state shall use best efforts to facilitate the on time graduation of the student.

16

17

18 19

Conflicts

All state laws and District policies that conflict with this policy and/or in conflict with the20 Compact are superseded to the extent of the conflict.

21 22

Cooperation23 24

The receiving District, through its administration, shall timely cooperate with all state agency25 inquiries and other District/school inquiries relating to a student who is covered by the Compact.26 27

28

Participation in Commencement Exercises29 2410 2410P High School Graduation Requirements30 2413 Credit Transfer and Assessment for31 Placement32 3110 Entrance, Placement, and Transfer33 34

Cross Reference: 2333

Legal Reference: 20-1-230, MCA Enactment interstate Compact on35 Educational Opportunity for Military36 Children provisions37 38

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Education of Homeless Children

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Every child of a homeless individual and every homeless child are entitled to equal access to the same7 free, appropriate public education as provided to children with permanent housing. The District must8 assign and admit a child who is homeless to a District school regardless of residence and irrespective of9 whether the homeless child is able to produce records normally required for enrollment. The District may10 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 at13 the school of origin, or be eligible to attend another school in the district.

14

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The Superintendent will review and revise as necessary rules or procedures that may be barriers to16 enrollment of homeless children and youths. In reviewing and revising such procedures, the17 Superintendent will consider issues of transportation, immunization, residence, birth certificates, school18 records, and other documentation.19

20

Homeless students will have access to services comparable those offered to other students, including but21 not limited to:22

23

1. Transportation services;24

2. Educational services for which a student meets eligibility criteria (e.g., Title I);25

3. Educational programs for children with disabilities and limited English proficiency;26

4. Programs in vocational and technical education;27

5. Programs for gifted and talented students; and28

6. School nutrition program.29

30

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless31 children and youths not currently attending school. The Superintendent will appoint a liaison for32 homeless children.33

34

A “homeless individual” is defined as provided in the McKinney Homeless Assistance Act.35 36

Anyone having a concern or complaint regarding placement or education of a homeless child will first37 present it orally and informally to the District homeless liaison. Thereafter, a written complaint must be38 filed in accordance with the District Uniform Complaint Procedure.39

40

Cross Reference: 1700 Uniform Complaint Procedure41

42

Legal Reference: 42 U.S.C. §§42 U.S.C. § 11301 et seq 11431, et seq.43 McKinney Homeless Assistance Act44 § 20-5-101, MCA Admittance of child to school

45 46

Policy History:47

48

Adopted on: 06/20/13

Reviewed on:49

Revised on:50

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Students of Legal Age

Every student eighteen (18) years of age or older, like all other students, will comply with the7 rules established by the District, pursue the prescribed course of study, and submit to the8 authority of teachers and other staff members as required by policy and state law.

9

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Forms11

Adult students who reside with parents or guardians and/or are classified as dependents of12 parents or guardians for tax purposes must have applicable forms completed by parents or13 guardians.

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Admission to School

The residence of an adult student who is not residing with a parent or guardian will be18 considered the residence for school purposes.

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Field Trips/Athletic Programs

Approved forms for participation will be required of all students. The form should indicate that23 the signature is that of the parent.

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Absence/Lateness/Truancy26 27

Absence notes will be signed by parents or guardians. Excessive absences will result in28 consequences according to policy 3122P and will be reported on the report card.

29

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Suspension/Expulsion

All suspension and/or expulsion proceedings will conform to the requirements of state statutes.33 Notification of all such proceedings will be sent to parents or guardians.

34

35

Withdrawal From School36

37

Adult students may withdraw from school under their own cognizance. Counselors will guide38 and counsel potential dropouts and encourage their continued attendance. Parents will be notified39 of impending dropouts by the school.

40 41

42

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Permission to Inspect Student Records

A student that attains the age of legal majority is an “eligible student” under FERPA. An eligible44 student has the right to access and inspect their student records. An eligible student may not45 46

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prevent their parents from accessing and inspecting their student records if they are a dependent4 of their parents in accordance with Internal Revenue Service regulations.

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Report Cards

Progress reports will be sent to the parent or legal guardian.

Excuses From School

The school will verify requests from students who wish to leave school early for reasons such as13 job interviews, college visits, driver testing, etc., with the organization being visited. Permission

14 to leave school early may be denied for what is considered a non valid reason.

15

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20

21

Financial Responsibility

Adult students can be held financially responsible for damage to school property.

Policy History:22

23

24

Adopted on: 06/20/13

Reviewed on: 9/12/22

Revised on: 11/11/201925

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Discretionary Nonresident Student Attendance Policy

The district recognized that the tuition sections of the statutes contains both mandatory and discretionary7 provisions and directs administration to follow these definitions and procedures:8 9

Definitions:10

11

The residence of the parents or legal guardians or a marital relationship determines a minor child’s district12 of residence with an adult, unless otherwise determined by the court. An “out-of-district” student is one13 who lives with a parent, legal guardian or spouse outside the district boundaries or who lives in the14 district but whose parent, legal guardian or spouse resides elsewhere. A person may have only one15 residence for school purposes. (1-1-215, MCA).

16

17

Except as otherwise provided by law, admission to the district as a nonresident student is a privilege. The18 Board, recognizing that an educational requirement of its resident students includes the need for an19 orderly educational process and environment, free from disruption, overcrowding, and any kind of20 violence or disruptive influences, hereby establishes criteria on the admission of nonresident students:21 22

I. Except as required by § 20-5-321, MCA, admission to the District as a nonresident student is a23 privilege. As such, the District will screen all nonresident students and consider only those who24 meet the criteria set forth in this policy.

25 26

II. The Superintendent is hereby given the authority to recommend to the Board any student’s27 admission in accordance with this policy. The Board shall make the final28 decision on admission.29 30

III. All students whose legal residence in outside of the District and who do not qualify for31 mandatory attendance will be denied enrollment, with the following exceptions:32 33

1. Foreign exchange students, per District policy;34

2. Children in the immediate family of nonresident employees;35

3. Students residing outside the District may apply to attend Joliet Public Schools36 provided they:37

a. be in good standing with the most recently attended school in terms of38 academics, conduct, and attendance.39

b. be able to demonstrate a record free of truancy.40

c. be able to demonstrate a clean behavior record in the school last41 attended for a period of at least one year;42

d. have no criminal record;43

e. have passing grades in the school previously attended;44

f. have correctly completed the nonresident student application process;45 and46

48

g. present no other educationally related or financial detriment to47 the students of the District.

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IV. The Board will not admit any student prior to viewing that student’s records from the student’s4 previous school districts.

5

6

V. The district has the option of accepting a nonresident student who does not meet the criteria set7 forth herein, if the student agrees to special conditions of admission, as set forth by the District.8

9

VI. Every student who attends Joliet Public Schools as a nonresident student must re-apply for10 admission by June 15. Admission in one school year does not imply or guarantee admission in11 subsequent years.

12

13

VII. The District will not admit nonresident students, when to do so would require the hiring of14 additional staff, the provision of educational services not currently provided in the school, or the15 crowding of existing classes.

16

17

VIII. All resident students who become nonresidents due to a move from the District by their18 parents/guardians may continue attendance for the semester, barring registration in another19 District. At the completion of the semester, the student must apply as a non-resident student.

20

21

IX. The Board reserves the right to charge tuition for nonresident students. The Board may, in its22 discretion, charge or waive tuition for all students whose tuition is required to be paid by one type23 of entity. An “entity” is defined as either: (1) the parent/guardian; or (2) a school district. Any24 waiver of tuition must be equally applied to all students whose tuition is paid by the same type of25 entity (i.e., if the District charges students tuition in those circumstances where the26 parent/guardians bear the responsibility for payment.)27

28

X. All nonresident students will be considered ineligible transportees for school transportation29 services. (20-10-101, MCA)30 31

XI. The Board may declare an emergency which, in their opinion, necessitates the removal of all32 nonresident students from the schools.33

34

35 36

XII. The Board will not admit any student who is expelled from another school district.

Legal Reference:

§ 20-5-314, MCA Reciprocal attendance agreement with adjoining37 state or province38

§ 20-5-316, MCA Out-of-state tuition39

40

§ 20-5-320, MCA Attendance with discretionary approval

§ 20-5-321, MCA Attendance with mandatory approval – tuition and41 transportation

42

§ 20-5-322, MCA Residency determination – notification – appeal for43 attendance agreement

44

45

46 47

Policy History:48

§ 20-5-323, MCA Tuition and transportation rates

10.10.301B, ARM Out-of-District Attendance Agreements

Adopted on: 06/20/1349

Reviewed on:50 Revised on:51

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5

6

Foreign Exchange Students

It is the policy of the Board to recognize the benefits from foreign exchange students in the7 District. The Board does not, however, sponsor foreign exchange programs or provide financial8 contributions to any foreign exchange students. The Board assumes no responsibility or control9 over items such as travel, living accommodations, funding, insurance, etc., which remain the10 responsibility of the sponsor and/or student.

11

12

J 1 visa holders (students sponsored by an approved foreign exchange organization) are eligible13 to attend either elementary or secondary school. Any sponsoring organization must have a local14 representative, be a nonprofit organization, and be approved by the Council on Standards for15 International Education Travel. F 1 visa holders (individual foreign students sponsored by16 relatives or friends) may not attend the District.

17

18

19

20

21

22

The District will accept a total of two (2) foreign exchange students per school year.

Legal Reference: 20 U.S.C. 221, et seq. Foreign and Exchange Students

Policy History:23

24

25

Adopted on: 06/20/13

Reviewed on: 9/12/22

Revised on:26

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4

5

6

Part-Time Attendance

7

8

The District will not accept students on a part-time basis unless they are disabled.

9

10

Legal Reference: § 20-9-311(a), MCA Calculation of average number belonging (ANB) –11 3-year averaging

12

13

Kaptien

Policy History:14 Adopted on: 06/20/13

15 Reviewed on:16 Revised on:17

© MTSBA 2012

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5

6

Student Rights and Responsibilities

The District recognizes fully that all students are entitled to enjoy the rights protected under7 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 rights9 of others. The District may impose disciplinary measures whenever students violate the rights of10 others or violate District policies or rules.

11

12

13

14

Cross Reference: 3231 Searches and Seizure15

16

17

3310 Student Discipline

Legal Reference: § 20 4 302, MCA Discipline and punishment of pupils definition of18 corporal punishment penalty defense

19

20

21

22

Policy History:23

24

§ 20 5 201, MCA Duties and sanctions

Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)

Adopted on: 06/20/13

Reviewed on: 9/12/2225 Revised on:26

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5

6

Equal Education, Nondiscrimination and Sex Equity

10

The District will make equal educational opportunities available for all students without regard7 to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical8 or mental handicap or disability, economic or social condition, or actual or potential marital or9 parental status.

11

No student, on the basis of sex, will be denied equal access to programs, activities, services, or12 benefits or be limited in the exercise of any right, privilege, or advantage, or denied equal access

13 to educational and extracurricular programs and activities.

14

15

18

19

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 by following17 the Uniform Complaint Procedure (Policy 1700).

The District, in compliance with federal regulations, will notify annually all students, parents,20 staff, and community members of this policy and the designated coordinator to receive inquiries.21 This annual notification will include the name and location of the coordinator and will be22 included in all handbooks.

23

24

The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence25 against students, staff, or volunteers with disabilities. The District will consider such behavior as26 constituting discrimination on the basis of disability, in violation of state and federal law.

27

28 29

30

Cross Reference: 1700 Uniform Complaint Procedure31 32

Legal Reference: Art. X, Sec. 7, Montana Constitution- Nondiscrimination in education33 § 49-2-307, MCA Discrimination in education34 24.9.1001, et seq., ARM Sex Discrimination in Education35 36

Policy History:37

Adopted on: 06/20/1338

Reviewed on:39

Revised on:40

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Student Publications

Student publications produced as part of the school’s curriculum or with the support of student

9

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.

10

Material appearing in such publications should reflect all areas of student interest, including11 topics about which there may be controversy and dissent. Controversial issues may be presented12 provided they are treated in depth and represent a variety of viewpoints. Such materials may not13 be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade14 the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the15 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 establish19 procedures for the prompt review of any materials which appear not to comply with the20 standards.

21 22 23 24

Policy History:25

Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

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5

6

Distribution and Posting of Materials

District policy allows distribution of materials of parent and student organizations sponsored by7 the District or other governmental agencies. The District also may allow distribution of materials8 that provide information valued or needed by the District.

9

10

The administration must approve all materials before they may be distributed by any11 organization.

12

13

To facilitate the distribution of materials with information about student activities, each school14 may maintain a centrally located bulletin board for the posting of materials, and/or maintain a15 table available to students for placing approved materials.

16

17 18 19

Policy History:20 Adopted on: 06/20/1321

Reviewed on:22 Revised on:23

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Student Dress5

6

The District recognizes that a student’s choice of dress and grooming habits demonstrate7 personal style and preference. The District has the responsibility to ensure proper and appropriate8 conditions for learning, along with protecting the health and safety of its student body. Even9 though the schools will allow a wide variety of clothing styles, dress and grooming must not10 materially or substantially disrupt the educational process of the school or create a health or11 safety hazard for students, staff, or others.

12

13

Building administrators shall establish procedures for the monitoring of student dress and14 grooming in school or while engaging in extracurricular activities. Students attending public15 events sponsored by the school district are permitted to honor their American Indian heritage16 through the display of culturally significant tribal regalia at a public event sponsored by the17 school district. Any item that promotes drug use, weapon use, threats of violence, sexual18 harassment, bullying, or other intimidation, or violates another district policy, state, or federal19 law may not be worn at a public event sponsored by the school district. Specific regulations20 shall be published annually in student handbooks.

21 22 23

Cross Reference: Policy 2333 Participation in Commencement Exercises24 25 26

Legal Reference: SB 319 Chapter 229 Tribal regalia and objects of cultural significance27 allowed at public events

28 29 30 31

Policy History:32 Adopted on: 06/20/1333 Reviewed on:34 Revised on: 11/14/1735

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page 1 of 2

5

Sexual Harassment/Intimidation of Students

6

Sexual harassment is a form of sex discrimination and is prohibited. An employee, District agent,7 or student engages in sexual harassment whenever that individual makes unwelcome advances,8 requests sexual favors, or engages in other verbal, non-verbal, or physical conduct of a sexual or9 sex-based nature, imposed on the basis of sex, that:10

11

1. Denies or limits the provision of educational aid, benefits, services, opportunities, or12 treatment, or that makes such conduct a condition of a student’s academic status; or13

14

2. Has the purpose or effect of:15 16

a. Substantially interfering with a student’s educational environment;17 18

b. Creating an intimidating, hostile, or offensive educational environment;19 20

c. Depriving a student of educational aid, benefits, services, opportunities, or21 treatment; or22 23

d. Making submission to or rejection of such unwelcome conduct the basis for24 academic decisions affecting a student.25 26

The terms “intimidating,” “hostile,” and “offensive” include conduct that has the effect of27 humiliation, embarrassment, or discomfort. Examples of sexual harassment include but are not28 limited to unwelcome touching, crude jokes or pictures, discussions of sexual experiences,29 pressure for sexual activity, intimidation by words, actions, insults, or name calling, teasing30 related to sexual characteristics, and spreading rumors related to a person’s alleged sexual31 activities.

32

33

Students who believe that they may have been sexually harassed or intimidated should consult a34 counselor, teacher, Title IX coordinator, or administrator, who will assist them in the complaint35 process. Supervisors or teachers who knowingly condone or fail to report or assist a student to36 take action to remediate such behavior of sexual harassment or intimidation may themselves be37 subject to discipline.38 39

Any District employee who is determined, after an investigation, to have engaged in sexual40 harassment will be subject to disciplinary action up to and including discharge. Any student of41 the District who is determined, after an investigation, to have engaged in sexual harassment will42 be subject to disciplinary action, including but not limited to suspension and expulsion consistent43 with the District’s discipline policy. Any person who knowingly makes a false accusation44 regarding sexual harassment likewise will be subject to disciplinary action up to and including45 discharge with regard to employees or suspension and expulsion with regard to students.46

© MTSBA 2012
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The District will make every effort to ensure that employees or students accused of sexual4 harassment or intimidation are given an appropriate opportunity to defend themselves against5 such accusations.6

7

To the greatest extent possible, the District will treat complaints in a confidential manner. The8 District realizes that limited disclosure may be necessary in order to complete a thorough9 investigation. Retaliation against persons who file a complaint is a violation of law prohibiting10 discrimination and will lead to disciplinary action against an offender.

11

12

Any individual seeking further information should consult the Superintendent for the name of the13 current Title IX Coordinator for the District. The Superintendent will ensure that student and14 employee handbooks include the name, address, and telephone number of an individual15 responsible for coordinating District compliance efforts.

16

17

An individual with a complaint alleging a violation of this policy should follow the Uniform18 Complaint Procedure.

19

20 21 22

Cross Reference: 1700 Uniform Complaint Procedure23

24

Legal References: Art. X, Sec. 1, Montana Constitution – Educational goals and duties25

§§ 49-3-101, et seq., MCA Montana Human Rights Act26

Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.27

34 CFR Part 106 Nondiscrimination on the basis of sex in28 education programs or activities receiving29 Federal financial assistance

30

31

Policy History:32 Adopted on: 06/20/1333 Reviewed on:34 Revised on:35

© MTSBA 2012 32251 page 2 of 2

School

Harassment Reporting Form for Students

Date ___________________

Student’s name _________________________________________________________________

(If you feel uncomfortable leaving your name, you may submit an anonymous report, but

please understand that an anonymous report will be much more difficult to investigate.

We assure you that we’ll use our best efforts to keep your report confidential.)

Who was responsible for the harassment or incident(s)? ______________________________

Describe the incident(s).

Date(s), time(s), and place(s) the incident(s) occurred. _______________________________

Were other individuals involved in the incident(s)?  yes  no23

If so, name the individual(s) and explain their roles. ____________________________________

Did anyone witness the incident(s)?  yes  no

If so, name the witnesses. ________________________________________________________

Did you take any action in response to the incident?  yes  no

If yes, what action did you take? ___________________________________________________

Were there any prior incidents?  yes  no

If so, describe any prior incidents.

Signature of complainant

Signatures of parents/legal guardians

© MTSBA 2012 Joliet Public Schools 3225F1 2
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12 ______________________________________________________________________________ 13 14 
______________________________________________________15 ______________________________________________________________________________ 16 ______________________________________________________________________________ 17 18 
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36 ______________________________________________________________________________ 37 38 ______________________________________________________________________________ 39 40 
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Bullying/Harassment/Intimidation/Hazing

1 of 2

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 not8 be tolerated.9

10

Definitions11

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 or14 organizations participating in cooperative work programs with the District, and others not directly15 subject to District control at inter district and intra District athletic competitions or other school16 events.

17

18

2. “District” includes District facilities, District premises, and non District property if the student or19 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 where21 the employee is engaged in District business.22 23

3. “Hazing” includes but is not limited to any act that recklessly or intentionally endangers the24 mental or physical health or safety of a student for the purpose of initiation or as a condition or25 precondition of attaining membership in or affiliation with any District sponsored activity or26 grade level attainment, including but not limited to forced consumption of any drink, alcoholic27 beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged28 exclusion from social contact, sleep deprivation, or any other forced activity that could adversely29 affect the mental or physical health or safety of a student; requires, encourages, authorizes, or30 permits another to be subject to wearing or carrying any obscene or physically burdensome31 article, assignment of pranks to be performed, or other such activities intended to degrade or32 humiliate.33 34

4. "Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning35 gesture or physical contact, including any intentional written, verbal, or electronic communication36 (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and37 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 may40 reasonably be considered to be a threat or an attempted intimidation of a student or staff member41 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 or44 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

© MTSBA 2012
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4

5. “Electronic communication device” means any mode of electronic communication,4 including but not limited to computers, cell phones, PDAs, or the internet.5

6

Reporting7

All complaints about behavior that may violate this policy shall be promptly investigated. Any8 student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she9 has been a victim of hazing, harassment, intimidation, or bullying in violation of this policy is encouraged10 to immediately report his/her concerns to the building principal or the District Administrator, who have11 overall responsibility for such investigations. A student may also report concerns to a teacher or12 counselor, who will be responsible for notifying the appropriate District official. Complaints against the13 building principal shall be filed with the Superintendent. Complaints against the Superintendent or14 District Administrator shall be filed with the Board.

15

16

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial17 action has been taken.18

19

20

Exhaustion of administrative remedies

A person alleging violation of any form of harassment, intimidation, hazing, or threatening, insulting, or21 demeaning gesture or physical contact, including any intentional written, verbal, or22 electronic communication, as stated above, may seek redress under any available law, either civil23 or criminal, after exhausting all administrative remedies.

24

25

26

Responsibilities

The District Administrator shall be responsible for ensuring notice of this policy is provided to students,27 staff, and third parties and for the development of administrative regulations, including reporting and28 investigative procedures, as needed.29 30

31

Consequences

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and32 including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to33 discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this34 policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator35 or the Board. Individuals may also be referred to law enforcement officials.36 37

38

Retaliation and Reprisal

Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a39 complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a40 serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be41 regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.

42 43

Cross Reference: 3225F Harassment Reporting Form for Students44

Legal Reference: 10.55.701(2)(f), ARM Board of Trustees45 10.55.719, ARM Student Protection Procedures46 10.55.801(1)(a), ARM School Climate47

Policy History:48 Adopted on: 06/20/1349

Reviewed on:50 Revised on: 01/11/1651

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4

5

Searches and Seizure

6

The goal of search and seizure with respect to students is meeting the educational needs of7 children and ensuring their security. The objective of any search and/or seizure is not the8 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 a10 threat to the maintenance of an orderly educational environment. The Board authorizes school11 authorities to conduct reasonable searches of school property and equipment, as well as of12 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) justified15 at its inception, and (2) reasonably related in scope to the circumstances which justified the16 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 possession24 or control of a student; and/or25

4. Devices or tools such as breath-test instruments, saliva test strips, etc.26 27

School Property and Equipment and Personal Effects of Students28 29

School authorities may inspect and search school property and equipment owned or controlled30 by the District (such as lockers, desks, and parking lots).31

32

The Superintendent may request the assistance of law enforcement officials, including their use33 of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots, and34 other school property and equipment for illegal drugs, weapons, or other illegal or dangerous35 substances or material.

36

37

Students38 39

School officials may search any individual student, his/her property, or District property under40 his/her control, when there is a reasonable suspicion that the search will uncover evidence that41 he/she is violating the law, Board policy, administrative regulation, or other rules of the District42 or the school. Reasonable suspicion shall be based on specific and objective facts that the search43 will produce evidence related to the alleged violation. The types of student property that may be44 searched by school officials include but are not limited to lockers, desks, purses, backpacks,45 student vehicles parked on District property, cellular phones, or other electronic communication46

© MTSBA 2012

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devices.4

5

Students may not use, transport, carry, or possess illegal drugs or any weapons in their vehicles6 on school property. While on school property, vehicles may be inspected at any time by staff, or7 by contractors employed by the District utilizing trained dogs, for the presence of illegal drugs,8 drug paraphernalia, or weapons. In the event the school has reason to believe that drugs, drug9 paraphernalia, or weapons are present, including by alert-trained dogs, the student’s vehicle will10 be searched, and the student expressly consents to such a search.

11

12

13 searched if the school authorities have any other reasonable suspicion to believe that a violation

Also, by parking in the school parking lots, the student consents to having his/her vehicle

14 of school rules or policy has occurred.

15

16

17

18

Seizure of Property

When a search produces evidence that a student has violated or is violating either a law or19 District policies or rules, such evidence may be seized and impounded by school authorities and20 disciplinary action may be taken. As appropriate, such evidence may be transferred to law21 enforcement authorities.

22 23

24 25

Legal Reference: Safford Unified School Dist. No. 1 v. Redding, _____ U.S. _____, 12926

27

28

S.Ct. 2633 (2009)

Terry v. Ohio, 392 U.S. 1, 20 (1968)

B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 126029

30

Policy History:31

Adopted on: 06/20/1332

Reviewed on:33 Revised on:34

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Searches and Seizure

6

The following rules shall apply to any searches and the seizure of any property by school7 personnel:8 9

1. The Superintendent, principal, and the authorized assistants of either shall be authorized10 to conduct any searches or to seize property on or near school premises, as further11 provided in this procedure.

12

13

2. If the authorized administrator has reasonable suspicion to believe that any locker, car, or14 other container of any kind on school premises contains any item or substance which15 constitutes an imminent danger to the health and safety of any person or to the property16 of any person or the District, the administrator is authorized to conduct a search of any17 car or container and to seize any such item or substance.18 19

The authorized administrator may perform random searches of any locker or container of20 any kind on school premises without notice or consent.21 22

3. If the authorized administrator has any reasonable suspicion to believe that any student23 has any item or substance in his/her possession, which constitutes an imminent danger to24 the property of any person or the District, the administrator is authorized to conduct a25 search of any car or container and to seize any such item or substance.26 27

4. No student shall hinder, obstruct, or prevent any search authorized by this procedure.28 29

5. Whenever circumstances allow, any search or seizure authorized in this procedure shall30 be conducted in the presence of at least one (1) adult witness, and a written record of the31 time, date, and results shall be made by the administrator. A copy shall be forwarded to32 the Superintendent as soon as possible.33 34

6. In any instance where an item or substance is found which would appear to be in35 violation of the law, the circumstance shall be reported promptly to the appropriate law36 enforcement agency.37 38

7. In any situation where the administrator is in doubt as to the propriety of proceeding with39 any search or seizure, the administrator is authorized to report to and comply with the40 directions of any public law enforcement agency.

41 42

Procedure History:43

Promulgated on: 06/20/1344

Reviewed on:45 Revised on:46

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Student Use of Buildings: Equal Access5

6

Non-curriculum-related secondary school student organizations may conduct meetings on school7 premises without intervention on the basis of the religious, political, philosophical, or other8 content of the meeting.9

10

The following criteria must be met:11

12

1. The meeting is voluntary and student-initiated.13 14

2. There is no sponsorship of the meeting by the school, the government, or its agents or15 employees.

16

17

3. The meeting must occur during non-instructional time on regular school days.18 19

4. Employees or agents of the school or government are present only in a non-participatory20 capacity.21 22

5. The meeting does not materially and substantially interfere with the orderly conduct of23 educational activities within the school.

24 25

6. Non-school persons may not direct, conduct, control, or regularly attend activities.26 27

Although the school assumes no sponsorship of these kinds of meetings, all meetings held on28 school premises must be scheduled and approved by the principal.29

30

This policy pertains to student meetings. The school has the authority, through its agent or31 employees, to maintain order and discipline on school premises and to protect the well-being of32 students and faculty.33 34 35

36

Legal Reference: 20 U.S.C. 4071 Equal Access Act37

Board of Education v. Mergens, 110 S.Ct. 2356 (1990)38 39

Policy History:40 Adopted on: 06/20/1341

Reviewed on:42 Revised on:43

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Video Surveillance5

6

10

The Board authorizes the use of video cameras on District property to ensure the health, welfare,7 and safety of all staff, students, and visitors to District property and to safeguard District8 buildings, grounds, buses, and equipment. The Superintendent will approve appropriate9 locations for video cameras.

11

The Superintendent will notify staff and students, through staff and student handbooks or by12 other means, that video surveillance may occur on District property. A notice will also be posted13 at the main entrance of all District buildings, and on all buses, indicating the use of video14 surveillance.

15

16

The District may choose to make video recordings a part of a student’s educational record or of a17 staff member’s personnel record. The District will comply with all applicable state and federal18 laws related to record maintenance and retention. The following employees will have access to19 the system for monitoring, maintenance, and necessary retention: Superintendent, Building20 Principals, IT Specialist, and Facilities Managers with prior administration approval.21 Responsibilities governing access to the system will be outlined in the employee’s respective job22 description23

24

It is the decision of the District that video recordings will include audio. The Superintendent will25 notify staff and students through staff and student handbooks or by other means that video26 surveillance, with audio, may occur on District property. A notice will also be posted at the main27 entrance of all District buildings, and on all buses, in which video/audio surveillance may occur.

28 29 30 31

Cross Reference: 3600 Student Records32 33

Policy History:34

Adopted on:35

Reviewed on:36 Revised on: 9/12/2237

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5

6

Suspension and Expulsion

The District recognizes and honors students’ constitutional right to education opportunity. However, as7 provided under Montana law, the District will exercise its right to suspend or expel a student when8 necessary. The District expects all students to know and follow District policies and rules. The District9 considers a student’s failure or refusal to comply with District policies and rules cause for discipline,10 suspension, or expulsion.

11

12

The following definitions apply for purposes of this policy:13

16

“Suspension” means the exclusion of a student from attending individual classes or school and14 participating in school activities for an initial period not exceed ten (10) school days. An15 administrator may order suspension of a student.

 “Expulsion” is any removal of a student for more than twenty (20) school days without the

20

17 provision of educational services. Expulsion is a disciplinary action available only to the Board.18 Students with disabilities will be suspended or expelled pursuant to provisions of the Individuals with19 Disabilities Education Act (IDEA) or Rehabilitation Act and corresponding Montana law.

21

Upon a finding by a school administrator that the immediate return to school by a student would be22 detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a23 student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student24 is granted an informal hearing with the school administrator prior to the additional suspension, and if the25 decision to impose the additional suspension does not violate the Individuals with Disabilities Education26 Act (IDEA) or Rehabilitation Act.27

28

The Superintendent will develop procedures to implement this policy and submit the procedures to the29 Board for its advice and consent.

30

31

The trustees shall annually review this policy and update the policy as determined necessary by the32 trustees based on changing circumstances pertaining to school safety.33

34

Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act35

34 CFR 300.519-521 Procedural Safeguards36

§ 20-4-302, MCA Discipline and punishment of pupils –definition37 of corporal punishment – penalty – defense38

§ 20-4-402, MCA Duties of district superintendent or county high39 school principal40

41

42

43

44

45

46

Policy History:47

48

§ 20-5-105, MCA Attendance officer – powers and duties

§ 20-5-106, MCA Truancy

§ 20-5-201, MCA Duties and sanctions

§ 20-5-202, MCA Suspension and expulsion

ARM 10.16.3346 Aversive Treatment Procedures

Goss v. Lopez, 419 US 565 (1975)

Adopted on: 06/20/13

Reviewed on:49

Revised on:50

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Corrective Actions and Punishment

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The Board recognizes that every student is entitled to due process rights that are provided by law.

Suspension

The procedure set forth below will be followed when a proposed punishment of a student is to include11 denial of the right of school attendance from any single class or from a full schedule of classes for at least12 one (1) day.

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Before any suspension is ordered, a building administrator will meet with a student to explain charges of15 misconduct, and the student will be given opportunity to respond to the charges.

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When a student’s presence poses a continuing danger to persons or property or poses an ongoing threat of18 disruption to the educational process, a pre-suspension conference will not be required, and an19 administrator may suspend a student immediately. In such cases, a building administrator will provide20 notice of and schedule a conference as soon as practicable following the suspension.

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A building administrator will report any suspension immediately to a student’s parent or legal guardian.23 An administrator will provide a written report of suspension that states reasons for a suspension,24 including any school rule that was violated, and a notice to a parent or guardian of the right to a review of25 a suspension. An administrator will send a copy of the report and notice to the Superintendent.

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The Superintendent will conduct a review of any suspension on request of a parent or legal guardian. A28 student and parent or legal guardian may meet with the Superintendent to discuss suspension. After the29 meeting and after concluding a review, the Superintendent will take such final action as appropriate.

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Students who are suspended from any class or from school may be required to make up any work missed32 according to the student handbook.33 34

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Expulsion

The Board, and only the Board, may expel a student from school and may do so only after following due37 process procedures set forth below.

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The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a40 recommendation for expulsion, which will be sent by registered or certified mail at least five (5) school41 days before the date of the scheduled hearing. The notice will include time and place of hearing,42 information describing the process to be used to conduct the hearing, and notice that the Board intends to43 conduct the hearing in closed session unless a parent or legal guardian waives the student’s right to44 privacy.

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Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to47 consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good

48 cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled.

49 The Superintendent will determine if a request shows good cause to reschedule a hearing.

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4 examine witnesses. The Board is not bound by formal rules of evidence in conducting the hearing.

At hearing the student may be represented by counsel, present witnesses and other evidence, and cross-

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Procedures for Suspension and Expulsion of Students With Disabilities

The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) and9 Rehabilitation Act when disciplining students. The Board will not expel any special education student10 when the student’s particular act of gross disobedience or misconduct is a manifestation of the student’s11 disability. The Board may expel pursuant to its expulsion procedures any special education student

12 whose gross disobedience or misconduct is not a manifestation of the student’s disability. A disabled13 student will continue to receive education services as provided in the IDEA or Rehabilitation Act during a14 period of expulsion.

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A a building administrator may suspend a child with a disability from the child’s current placement for17 not more than ten (10) consecutive school days for any violation of school rules, and additional removals18 of not more than ten (10) consecutive school days in that same school year for separate incidents of19 misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b),20 whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling21 condition. Any special education student who has exceeded or who will exceed ten (10) days of22 suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the23 District demonstrates that maintaining the student in the student’s current placement is substantially likely24 to result in injury to the student or to others. After a child with a disability has been removed from his or25 her placement for more than ten (10) school days in the same school year, during any subsequent days of26 removal the public agency must provide services to the extent required under 34 CFR 300.121(d).

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An administrator may remove from current placement any special education student who has carried a29 weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or30 solicits the sale of a controlled substance while at school or a school function. The District will place31 such student in an appropriate interim alternative educational setting for no more than forty-five (45)32 school days in accordance with the IDEA or Rehabilitation Act.33 34

Legal Reference: § 20-5-201, MCA

Duties and Sanctions

35 § 20-5-202, MCA Suspension and Expulsion36

Section 50437

IDEA38 39

Procedure History:40

Promulgated on: 06/20/1341

Reviewed on:42 Revised on:43

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The Board grants authority to a teacher or principal to hold a student to strict accountability for7 disorderly conduct in a school building, on property owned or leased by a school district, on a8 school bus, on the way to or from school, or during intermission or recess.9

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Disciplinary action may be taken against any student guilty of gross disobedience or misconduct,11 including but not limited to instances set forth below:12

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Using, possessing, distributing, purchasing, or selling tobacco products, and alternative14 nicotine and vapor products as defined in 16 11 302, MCA.15

Using, possessing, distributing, purchasing, or selling alcoholic beverages, including16 powdered alcohol. Students who may be under the influence of alcohol will not be17 permitted to attend school functions and will be treated as though they had alcohol in18 their possession.19

Using, possessing, distributing, purchasing, or selling drug paraphernalia, illegal drugs,20 marijuana, controlled substances, or any substance which is represented to be or looks21 like a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic22 beverage, stimulant, depressant, or intoxicant of any kind, including such substances that23 contain chemicals which produce the same effect of illegal substances including but not24 limited to Spice and K2. Students who may be under the influence of such substances25 will not be permitted to attend school functions and will be treated as though they had26 drugs in their possession.27

• Using, possessing, controlling, or transferring a firearm or other weapon in violation of28 Policy 331129

Using, possessing, controlling, or transferring any object that reasonably could be30 considered or used as a weapon as referred to in Policy 331131

• Disobeying directives from staff members or school officials or disobeying rules,32 violating state or federal law, or not honoring regulations governing student conduct.33

• Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable34 conduct toward anyone or urging other students to engage in such conduct.35

• Causing or attempting to cause damage to, or stealing or attempting to steal, school36 property or another person’s property.37

• Engaging in any activity that constitutes an interference with school purposes or an38 educational function or any other disruptive activity.39

• Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic40 and habitual truants.

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• Intimidation, harassment, sexual harassment, sexual misconduct, hazing or bullying; or42 retaliation against any person who alleged misconduct under Policy 3225 or 3226 or43 participated in an investigation into alleged misconduct under Policy 3225 or 322644

• Defaces or damages any school building, school grounds, furniture, equipment, or book45 belonging to the district.46

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Forging any signature or making any false entry or attempting to authorize any document4 used or intended to be used in connection with the operation of a school.5

• Records or causes to be recorded a conversation by use of a hidden electronic or6 mechanical device which may include any combination of audio or video that reproduces7 a human conversation without the knowledge of all parties to the conversation8

• Engaging in academic misconduct which may include but is not limited to: cheating,9 unauthorized sharing of exam responses or graded assignment work; plagiarism,10 accessing websites or electronic resources without authorization to complete assigned11 coursework, and any other act designed to give unfair academic advantage to the student.

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These grounds stated above for disciplinary action apply whenever a student’s conduct is14 reasonably related to school or school activities, including but not limited to the circumstances15 set forth below:16

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• On school grounds before, during, or after school hours or at any other time when school18 is being used by a school group.19

• Off school grounds at a school sponsored activity or event or any activity or event that20 bears a reasonable relationship to school.21

• Travel to and from school or a school activity, function, or event.22

• Anywhere conduct may reasonably be considered to be a threat or an attempted23 intimidation of bullying of a staff member or student, or an interference with school24 purposes or an educational function.

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Disciplinary Measures

Disciplinary measures include but are not limited to:29

• Expulsion30

• Suspension31

• Detention, including Saturday school32

• Clean up duty33

• Loss of student privileges34

• Loss of bus privileges35

• Notification to juvenile authorities and/or police36

• Restitution for damages to school property

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39 corporal punishment on a student. Corporal punishment does not include reasonable force40

No District employee or person engaged by the District may inflict or cause to be inflicted

District personnel are permitted to use as needed to maintain safety for other students, school41 personnel, or other persons or for the purpose of self defense.

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Non-Disciplinary Measures

The Superintendent or designee is authorized to assign a student to non disciplinary offsite46

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instruction pending the results of an investigation or for reasons related to the safety or well4 being of students and staff. During the period of non disciplinary offsite instruction, the student5 will be permitted to complete all assigned schoolwork for full credit. The assignment of non6 disciplinary offsite instruction does not preclude the Superintendent or designee from7 disciplining a student who has, after investigation, been found to have violated a School District8 policy, rule, or handbook provision.9

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Delegation of Authority

The Board grants authority to any teacher and to any other school personnel to impose on13 students under their charge any disciplinary measure, other than suspension or expulsion,14 corporal punishment, or in school suspension, that is appropriate and in accordance with policies15 and rules on student discipline. The Board authorizes teachers to remove students from16 classrooms for disruptive behavior.

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Cross Reference: 3300 Suspension and Expulsion19

3225 Sexual Harassment of Students20 3226 Bullying, Harassment21 5015 Bullying, Harassment22 23

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Legal Reference:

§ 16 11 302(1)(7), MCA Definitions

§ 20 4 302, MCA Discipline and punishment of pupils25 definition of corporal punishment penalty26 defense

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§ 20 5 202, MCA Suspension and expulsion

§ 45 8 361, MCA Possession or allowing possession of29 weapon in school building exceptions30 penalties seizure and forfeiture or return31 authorized definitions

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§ 45 5 637, MCA Possession or consumption of tobacco33 products, alternative nicotine products, or34 vapor products by persons under 18 years of35 age is prohibited unlawful attempt to36 purchase penalties

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29 U.S.C. § 701 Rehabilitation Act of 197338

§ 45 8 213, MCA Privacy in communications39

40 Taxation

Title 16, Chapter 12 MCA Montana Marijuana Regulation and

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Policy History:42

Adopted on: 06/20/1343

Reviewed on:44

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Revised on: 01/11/16, 7/11/22

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Joliet Public Schools

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).

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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 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).

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).

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)

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).

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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).

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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).

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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)

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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.

The forty-five-(45)-day alternative interim placement must:

 Enable student to progress in general curriculum, although in another setting;

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).

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).

 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

 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.

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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

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).

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).

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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).

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).

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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.

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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: 06/20/13

Reviewed on: Revised on:

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FIREARMS AND WEAPONS

Firearms

For the purposes of the firearms section of this policy, the term “firearm” means (A) any weapon10 (including a starter gun) which will or is designed to or may readily be converted to expel a11 projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any12 firearm muffler or firearm silencer; or (D) any destructive device pursuant to 18 U.S.C. 921 (4).

13 Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16).

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15

It is the policy of the Joliet School District to comply with the federal Gun Free Schools Act of16 1994 and state law 20-5-202 (2), MCA, pertaining to students who bring a firearm to, or possess17 a firearm at, any setting that is under the control and supervision of the school district. In18 accordance with 20-5-202 (3), MCA, a teacher, superintendent, or a principal shall suspend19 immediately for good cause a student who is determined to have brought a firearm to, or possess20 a firearm at, any setting that is under the control and supervision of the school district. In21 accordance with Montana law, a student who is determined to have brought a firearm to, or22 possess a firearm at, any setting that is under the control and supervision of the school district23 must be expelled from school for a period of not less than 1 year.24 25

However, the Board of Trustees through this policy authorizes the Superintendent to use his/her26 discretion on a case-by-case basis and modify the requirement of expulsion of a student if he/she27 deems such modification to be warranted under the circumstances. Note: Under this Option,28 there is no expulsion hearing unless the administration determines that the circumstances29 warrant a recommendation of expulsion of the student for a period of one (1) year to the Board.30 31

A decision to change the placement of a student with a disability who has been expelled pursuant32 to this section must be made in accordance with the Individuals with Disabilities Education Act.33 34

35

Possession of Weapons other than Firearms

The District does not allow weapons on school property. Any student found to have possessed,36 used or transferred a weapon on school property will be subject to discipline in accordance with37 the District’s discipline policy. For purposes of this section, “weapon” means any object, device,38 or instrument designed as a weapon or through its use is capable of threatening or producing39 bodily harm or which may be used to inflict self-injury, including but not limited to air guns;

40 pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; clubs; metal knuckles;41 numchucks (also known as nunchucks); throwing stars; explosives; fireworks; mace or other

42 propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have been modified

43 to serve as a weapon.

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10

No person shall possess, use, or distribute any object, device, or instrument having the4 appearance of a weapon, and such objects, devices, or instruments shall be treated as weapons,5 including but not limited to weapons listed above which are broken or non-functional, look-alike6 guns; toy guns; and any object that is a facsimile of a real weapon. No person shall use articles7 designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors,8 etc.) to inflict bodily harm and/or intimidate, and such use will be treated as the possession and9 use of a weapon.

11

The District will refer to law enforcement for immediate prosecution any person who possesses,12 carries, or stores a weapon in a school building, and the District may take disciplinary action as13 well in the case of a student. In addition the District will refer for possible prosecution a parent14 or guardian of any minor violating this policy on grounds of allowing a minor to possess, carry,15 or store a weapon in a school building. (45-8-361 (1) (2))

16

17

For the purposes of this section only, “school building” means all buildings owned or leased by a18 local school district that are used for instruction or for student activities. (45-8-361 (5a)

19

20

The Board may grant persons and entities advance permission to possess, carry, or store a21 weapon in a school building. All persons who wish to possess, carry, or store a weapon in a22 school building must request permission of the Board at a regular meeting. The Board has sole23 discretion in deciding whether to allow a person to possess, carry, or store a weapon in a school

24 building. (45-8-361 (3b))

25

26

This policy does not apply to law enforcement officers acting in his or her official capacity.27 (45-8-361 (3a))

28

29

The trustees shall annually review this policy and update the policy as determined necessary by the30 trustees based on changing circumstances pertaining to school safety.31

32

Note: Section (g) of the NCLB Section 4141 – Gun Free Requirements, carves out a very33 significant exception to the Gun Free Schools Act in that it allows a student to have “a firearm34 that is lawfully stored inside a locked vehicle on school property. . .” Montana law (20-5-202,35 MCA), on the other hand, does not provide for any exception to the expulsion requirement if a36 student has a firearm that is lawfully stored inside a locked vehicle on school property. The only37 reference to federal law in 20-5-202(2), MCA is the federal definition of a firearm. As you well38 know 20-5-202(2), MCA provides that:39

(2) The trustees of a district shall adopt a policy for the expulsion of a student who is40 determined to have brought a firearm, as defined in 18 U.S.C. 921, to school and for referring41 the matter to the appropriate local law enforcement agency. A student who is determined to have42 brought a firearm to school under this subsection must be expelled from school for a period of43 not less than 1 year, except that the trustees may authorize the school administration to modify44 the requirement for expulsion of a student on a case-by-case basis.

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So, Montana schools are required, by state law, to expel a student from school for a period of4 not less than 1 year if it is determined that the student brought a firearm to school, subject to the5 case-by-case exception noted in the statute. Based upon the exception noted in federal law and6 in circumstances where a student is found to have a firearm on school property in a locked7 vehicle, Montana schools should be citing state law (20-5-202, MCA) and district policy to8 support any recommendation for expulsion.9

There is one significant inconsistency between the Federal Gun Free Schools Act and Montana10 is that under federal law it provides that “State law shall allow the chief administering officer of11 a local educational agency to modify such expulsion requirement for a student on a case-by-case12 basis if such modification is in writing,” whereas 20-5-202(2), MCA, provides that the trustees13 may authorize the school administration to modify the requirement for expulsion of a student on14 a case-by-case basis.

15

16

17

Cross Reference: Policy 3310 Student Discipline18

Policy 4332 Conduct of School Property19 20 21

§ 20-5-202, MCA Suspension and expulsion22

Legal Reference:

§ 45-8-361, MCA Possession or allowing possession of23 a weapon in a school building

24

20 U.S.C. § 7151, et seq. Gun Free Schools Act of 199425

18 U.S.C. § 921 Definitions26

NCLB, Section 4141 Gun Free Requirements27 28

Policy History:29 Adopted on: 3006/20/13

Reviewed on:31 Revised on:32 33

© MTSBA 2012 33111 Page 3 of 3

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Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use5

6

10

The District views participation in extracurricular activities as an opportunity extended to7 students willing to make a commitment to adhere to the rules which govern them. The District8 believes that participation in organized activities can contribute to all-around development of9 young men and women and that implementation of these rules will serve these purposes:

11

12 activities;

Emphasize concern for the health and well-being of students while participating in

13

14

Provide a chemical-free environment which will encourage healthy development;15

16

17

18

Diminish chemical use by providing an education assistance program;

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, are23 leaders and role models for their peers and younger students; and24

25

Assist students who desire to resist peer pressure that often directs them toward the use of26 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

34 35

Legal Reference: § 20-5-201, MCA Duties and sanctions

Policy History:36

37

Adopted on: 06/20/13

Reviewed on:38 Revised on:39

© MTSBA 2012
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Student Health/Physical Screenings/Examinations

The Board may arrange each year for health services to be provided to all students. Such services7 may include but not be limited to:8

9

1. Development of procedures at each building for isolation and temporary care of students who10 become ill during the school day;11

2. Consulting services of a qualified specialist for staff, students, and parents;12

3. Vision and hearing screening;13

4. Scoliosis screening;14

5. Immunization as provided by the Department of Public Health and Human Services.15

16

Parents/guardians will receive written notice of any screening result which indicates a condition that17 might interfere or tend to interfere with a student’s progress.18

19

The District will not conduct physical examinations of a student or health services without parental20 consent to do so or by court order, unless the health or safety of the student or others is in question.21 Further, parents will be notified of the specific or approximate dates during the school year when22 screening administered by the District is conducted as well as notification of requirements of the23 District’s policy on physical examinations and screening of students, at least annually at the24 beginning of the school year and within a reasonable period of time after any substantive change in25 the policy, which is:26

1. Required as a condition of attendance.27

2. Administered by the school and scheduled by the school in advance.28

3. Not necessary to protect the immediate health and safety of the student or other students.29

30

Parents or eligible students will be given the opportunity to opt out of the above described31 screenings.32

33

Students who wish to participate in certain extracurricular activities may be required to submit to a34 physical examination to verify their ability to participate in the activity. Students participating in35 activities governed by the Montana High School Association will be required to follow the rules of36 that organization, as well as other applicable District policies, rules, and regulations.

37

38

Legal Reference: § 20 3 324(20), MCA Powers and duties39 20 U.S.C. 1232h(b) General Provisions Concerning Education40

41

Policy History:42

Adopted on: 6/20/1343 Reviewed on:44 Revised on: 9/12/2245

© MTSBA 2022
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Student Immunization

6

The Board requires all students to present evidence of their having been immunized against the7 following diseases: varicella, diphtheria, pertussis (whooping cough), poliomyelitis, measles8 (rubeola), mumps, rubella, and tetanus in the manner and with immunizing agents approved by9 the department. Haemophilus influenza type “b” immunization is required for students under10 age five (5). Upon initial enrollment, an immunization status form shall be completed by the11 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 possession15 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, the17 school shall retain a certified copy for the permanent record and send the original immunization18 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 by21 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, have27 been exposed to a disease listed in this Policy, or may be exposed to a disease listed in this28 Policy while attending school may be excluded from the school by the local health officer or the29 DPHHS until the excluding authority is satisfied that the student no longer risks contracting or30 transmitting that disease.

31

32

The administrator may allow the commencement of attendance in school by a student who has33 not been immunized against each disease listed in Section 20 5 403, MCA, if that student has34 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 properly39 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

42

41 an exemption for personal or medical reasons.

43

44 require immunization against COVID 19 in order to enroll in the District in accordance with45 Montana law. District officials shall not inquire about the COVID-19 vaccination status of

This policy does not apply to or govern vaccinations against COVID 19. The Board does not

46 students, employees, or visitors. District officials shall not make decisions regarding access to

47

© MTSBA 2022
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District services for students, employees, or visitors based upon an individual’s COVID 19

7

4 vaccination status. Students enrolled in dual credit courses in accordance with District policies5 may be subject to distinct immunization requirements of the applicable post secondary6 institution.

8

Legal Reference:

§ 20 3 324(20), MCA Powers and duties9

§ 20 5 402 426, MCA Health10

§ 20 5 403, MCA Immunization required release and11 acceptance of immunization records

12

13

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15

Policy History:16

17

§ 20 5 405, MCA Exemptions

Chapter 418 2021 General Legislative Session

Adopted on: 06/20/13

Reviewed on:18 Revised on: 01/11/16, 9/12/2219

© MTSBA 2022 3413
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Medical Exemption Statement

Form HES 101A

Montana Schools

For questions, contact the Montana Department of Immunizations at (406) 444 5580

A prospective student seeking to enroll in a Montana school is not required to receive any immunizations for which they are medically contraindicated. The Medical Exemption Statement, may be completed by a qualifying healthcare provider and utilized as an exemption. In lieu of this form, a written and signed statement from a qualifying healthcare provider will also be accepted under the conditions outlined in ARM 37.114.715.

Pursuant to HB 334 (Ch. 294, L. 2021), a qualifying healthcare provider means a person who: (1) is licensed, certified, or authorized in any U.S. State or Canada to provide health care; (2) is authorized within the person’s scope of practice to administer the immunization(s) to which the exemption applies; and (3) has previously provided health care to the student or has administered a vaccine to which the student has had an adverse reaction. Once completed, this form should be filed at the student’s school along with their most current immunization record.

Student Name: Parent/Guardian Name:

Student Address: Student Date of Birth:

Select the vaccine(s) needing medical exemption, then provide a brief description of the contraindication or precaution for each vaccine:

□ DTaP (Diphtheria, Tetanus, and Pertussis)

□ Tdap (Diphtheria, Tetanus, and Pertussis)

□ Varicella (Chickenpox)

□ Hib (Haemophilus influenzae type b)

Contraindication/Precaution:

□ MMR (Measles, Mumps, and Rubella)

□ IPV (Polio)

□ Other:

A

Duration of exemption:

can

found

Centers

Disease Control and Prevention’s website: https://www.cdc.gov/vaccines/hcp/acip-recs/general-recs/contraindications.html

Provider’s Name (print): Title: Phone: Address: Provider’s Signature: Date:

complete list of medical contraindications and precautions
be
on the
for
Montana Code Annotated Administrative Rules of Montana 20 5 403: MT School Immunization Requirements, Immunization Records 37.114.701 721: Immunization of K 12, Preschool, and Post Secondary Schools 20 5 405: MT School Immunization Requirements, Exemptions
3413F1

Affidavit of Exemption on Religious Grounds

Form HES 113

Montana Schools

For questions, contacttheMontanaDepartmentofImmunizationsat(406) 444 5580

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 andcustody:

Streetaddress andcity: _______________________________________________________________________

Telephone: _________________________________________________________________________________

I, the undersigned, declare under penalty of perjury thatimmunization against the following is contraryto my religious tenets andpractices(checkallthat apply):

Diphtheria, Pertussis, Tetanus (DTaP, DT, Tdap) Polio

Measles, Mumps and Rubella (MMR) Varicella (chickenpox)

Haemophilus Influenzae type b (Hib)

I also understandthat:

Other: ____________

Pursuantto section 20 5 405, MCA, in the eventof an outbreak of one of the diseases listed above, the above exemptedstudent may be excluded from school by the local health officer or the Departmentof Public Health and Human Services until the student is no longer atrisk for contracting or transmitting thatdisease.

Signature of parent, guardian, or other person Date responsiblefor the abovestudent’s careand custody;orof the student,if 18 or older.

Subscribed andsworn to before me this _______dayof_________,__________.

Seal

Signature: NotaryPublic for the State of Montana

Print Name:Notary Public forthe State of Montana

Residing in _________________________ My commission expires _______________

HES 113 revised07/2021
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Management of Sports Related Concussions

The Joliet School District recognizes that concussions and head injuries are commonly reported7 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 a9 concussion or head injury is not properly evaluated and managed. Therefore, all K-1210 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) and13 the Montana High School Association (MHSA), the District will utilize procedures developed by14 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 concussions16 or head injuries, including the dangers associated with continuing to play after a concussion or17 head injury. Resources are available on the Montana High School Association Sports Medicine18 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 sheet22 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 youth25 athletic activities, shall complete the training program at least once each school year as required26 in the District procedure. Additionally, all coaches, athletic trainers, officials, including27 volunteers participating in organized youth athletic activities will comply with all procedures for28 the management of head injuries and concussions.29

30

Reference: Montana High School Association, Rules and Regulations31 Section 4, Return to Play32 33

Legal Reference: (Bill title and number)34 35

36 37

Cross Reference: 3415F Student-Athlete & Parent/Legal Custodian Concussion Statement

Policy History:38

Adopted on: 06/20/1339

Reviewed on:40

Revised on:41

© MTSBA 2012
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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: Student Athlete 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.

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.

N/A

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

•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

SYMPTOMS REPORTED BY YOUR CHILD OR TEEN

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

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.

• CDC –Concussion in Sports o http://www.cdc.gov/concussion/sports/index.html • 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

Remember, when in doubt, sit them out! It’s better to miss one game than the whole season.

A Fact Sheet for PARENTS

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.

Remember, when in doubt, sit them out! It’s better to miss one game than the whole season.

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Management of Sports Related Concussions

A. Athletic Director or Administrator in Charge of Athletic Duties:6

1. Updating: Each spring, the athletic director, or the administrator in charge of athletics if7 there is no athletic director, shall review any changes that have been made in procedures8 required for concussion and head injury management or other serious injury by9 consulting with the MHSA or the MHSA Web site, U.S. DPHHS, and CDCP web site. If10 there are any updated procedures, they will be adopted and used for the upcoming school11 year.12

2. Identified Sports: Identified sports include all organized youth athletic activity sponsored13 by the school or school district.14

B. Training: All coaches, athletic trainers, and officials, including volunteers shall undergo15 training in head injury and concussion management at least once each school year by one of16 the following means: (1) through viewing the MHSA sport-specific rules clinic; (2) through17 viewing the MHSA concussion clinic found on the MHSA Sports Medicine page at18 www.mhsa.org; or by the district inviting the participation of appropriate advocacy groups19 and appropriate sports governing bodies to facilitate the training requirements20

C. Parent Information Sheet: On a yearly basis, a concussion and head injury information sheet21 shall be distributed to the student-athlete and the athlete's parent and/or guardian prior to the22 student-athlete's initial practice or competition. This information sheet may be incorporated23 into the parent permission sheet which allows students to participate in extracurricular24 athletics and should include resources found on the MHSA Sports Medicine page at25 www.mhsa.org, U.S. 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 Play30 Rules and Regulations and (title of bill), a student athlete who has been removed from play,31 practice, tryouts, taining exercises, preparation for an athletic game, or sport camp may not32 return until the athlete is cleared by a licensed health care professional (registered, licensed,33 certified, or otherwise statutorily recorgnized health care professional). The health care34 provider may be a volunteer.35

Policy History:36

Adopted on: 06/20/1337

Reviewed on:38 Revised on:39

© MTSBA 2012
R1
3415P

1

Joliet Public Schools

2

STUDENTS

4

5

6

Administering Medication to Students

10

“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food7 and Drug Administration and are ordered by a healthcare provider. It includes over the counter8 medications prescribed through a standing order by authorized physician or prescribed by the9 student’s healthcare provider.

11

Except in an emergency situation, only a qualified healthcare professional may administer a drug12 or a prescription drug to a student under this policy. Diagnosis and treatment of illness and the13 prescribing of drugs are never the responsibility of a school employee and should not be14 practiced by any school personnel.

15

16

17 18

Administering Medication

The Board shall permit administration of medication to students in schools in its jurisdiction. A19 school nurse or other employee who has successfully completed specific training in20 administration of medication, pursuant to written authorization of a physician or dentist and that21 of a parent, an individual who has executed a caretaker relative educational authorization22 affidavit, or guardian, may administer medication to any student in the school or may delegate23 this task pursuant to Montana law.

24 25

26 27

Emergency Administration of Medication

In the event of an emergency, a school nurse or trained staff member, exempt from the nursing28 license requirement under § 37 8 103(1)(c), MCA, may administer emergency medication to any29 student in need thereof on school grounds, in a school building, at a school function, or on a30 school bus according to a standing order of an authorized physician or a student’s private31 physician. In the event that emergency medication is administered to a student, the school nurse32 or staff member shall call emergency responders and notify the student’s parents/guardians. A33 building administrator or school nurse shall enter any medication to be administered in an34 emergency on an individual student medication record and retain the documentation.35 36

Assisting Students with Self Administration of Medication37 38

A building principal or other school administrator may authorize, in writing, any school39 employee:40

41

To assist in self administration of any drug that may lawfully be sold over the counter42 without a prescription to a student in compliance with the written instructions and with43 the written consent of a student’s parent or guardian; and44 45

To assist in self administration of a prescription drug to a student in compliance with46

© MTSBA 2022
34163

3

written instructions or standing order of an authorized physician or a student’s private4 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 of7 medications, may only rely on the following techniques:8 9

• Making oral suggestions, prompting, reminding, gesturing, or providing a written guide10 for self-administering medications;11

• Handing to a student a prefilled, labeled medication holder or a labeled unit dose12 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 oral16 medications; and17

• Assisting with removal of a medication from a container for a student with a physical18 disability that prevents independence in the act.19

• Other guidance or restrictions previously provided in writing to the school by a student’s20 parent, an individual who has executed a caretaker relative educational authorization21 affidavit, or guardian is on file.22 23

Self-Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication24 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 medication27 during the school day, during field trips, school sponsored events, or while on a school bus. The28 student shall be authorized to possess and self-administer medication if the following conditions29 have been met:30 31

• A written and signed authorization from the parents, an individual who has executed a32 caretaker relative educational authorization affidavit, or guardians for self administration33 of medication, acknowledging that the District or its employees are not liable for injury34 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 and37 purpose of the medication, the prescribed dosage, frequency with which it may be38 administered, and the circumstances that may warrant its use.39

• Documentation that the student has demonstrated to the healthcare practitioner and the40 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 the43 student during school hours.44 45

Authorization granted to a student to possess and self administer medication shall be valid for46

© MTSBA 2022 34161 Page 2 of 52

1

2

3

the current school year only and shall be renewed annually. A student’s authorization to possess4 and self administer medication may be limited or revoked by the building principal or other5 administrative personnel.

6

7

If provided by the parent, an individual who has executed a caretaker relative educational8 authorization affidavit, or guardian, and in accordance with documentation provided by the9 student’s doctor, backup medication shall be kept at a student’s school in a predetermined10 location or locations to which the student has access in the event of an asthma, severe allergy, or11 anaphylaxis emergency.

12

13

Immediately after using epinephrine during school hours, a student shall report to the school14 nurse or other adult at the school who shall provide follow up care, including making a call to15 emergency responders

16

17

18 19

Self Administration of Other Medication

The District shall permit students who are able to self administer specific medication to do so20 provided that all of the following have occurred:21 22

• A physician, dentist, or other licensed health care provider provides a written order for23 self administration of said medication;24

• Written authorization for self administration of medication from a student’s parent, an25 individual who has executed a caretaker relative educational authorization affidavit, or26 guardian is on file; and27

• A principal and appropriate teachers are informed that a student is self administering28 prescribed medication.

29 30

31 32

Administration of Glucagons

School employees may voluntarily agree to administer glucagons to a student pursuant to § 20 533 412, MCA, only under the following conditions: (1) the employee may administer glucagon to a34 diabetic student only in an emergency situation; (2)the employee has filed the necessary35 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 individual38 who has executed a caretaker relative authorization affidavit, or guardian of a diabetic student, and39 school employees are under no obligation to agree to designation. Glucagon is to be provided by the40 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 for45 self medication, be first delivered by a parent, an individual who has executed a caretaker46

© MTSBA 2022 3416
Page 3 of 5

relative educational authorization affidavit, or other responsible adult to a nurse or employee4 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 of7 student, medication name, dosage, and physician’s name;8

• Shall develop a medication administration plan, if administration is necessary for a9 student, before any medication is given by school personnel;10

• Shall record on the student’s individual medication record the date a medication is11 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 and15

• Shall store controlled substances in a separate compartment, secured and locked at all16 times17

• All non emergency medication shall be kept in a locked, nonportable container, stored in18 its original container with the original prescription label. Epinephrine, naloxone, and19 student emergency medication may be kept in portable containers and transported by the20 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 of23 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 to26 be stored at a school; and all medications, prescription and nonprescription, shall be stored in27 their original containers.28 29

The District shall limit access to all stored medication to those persons authorized to administer30 medications or to assist in the self-administration of medications. The District requires every31 school to maintain a current list of those persons authorized by delegation from a licensed nurse32 to administer medications.33

34

The District may maintain a stock supply of auto injectable epinephrine to be administered by a35 school nurse or other authorized personnel to any student or nonstudent as needed for actual or36 perceived anaphylaxis. If the district intends to obtain an order for emergency use of epinephrine37 in a school setting or at related activities, the district shall adhere to the requirements stated in38 law.39

40

The District may maintain a stock supply of an opioid antagonist to be administered by a school41 nurse or other authorized personnel to any student or nonstudent as needed for an actual or42 perceived opioid overdose. A school that intends to obtain an order for emergency use of an43 opioid antagonist in a school setting or at related activities shall adhere to the requirements in44 law.45 46

© MTSBA 2022 34161 Page 4 of 52 3

4

Disposal of Medication, Medical Equipment, Personal Protective Equipment

5

The District requires school personnel either to return to a parent, an individual who has6 executed a caretaker relative educational authorization affidavit, or guardian or, with permission7 of the parent, an individual who has executed a caretaker relative educational authorization8 affidavit, or guardian, to destroy any unused, discontinued, or obsolete medication. A school9 nurse, in the presence of a witness, shall destroy any medicine not repossessed by a parent or10 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 administrators13 should contact the school nurse or designated employee when such a container is needed. Sharps14 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 or16 designated employee in accordance with the Montana Infectious Waste Management Act and the17 manufacture guidelines specific to the container or equipment18 19

Legal Reference:

§ 20 5 412, MCA Definition parent designated adult20 administration of glucagons training21

§ 20 5 420, MCA Self administration or possession of asthma,22 severe allergy, or anaphylaxis medication23

§ 20 5 421, MCA Emergency use of epinephrine in school24 setting25

§ 37-8-103(1)(c), MCA Exemptions limitations on authority26 ARM 24.159.1601, et seq Delegation of Nurse Duties27

§ 20 5 426, MCA Emergency use of an opioid antagonist in28 school setting limit on liability29

§ 75 10 1001, et seq Infectious Waste Management Act30 37.111.812, ARM Safety Requirements31 10.55.701(s), ARM Board of Trustees32 33 34

Policy History:35

Adopted on: 06/20/1336

Reviewed on:37

Revised on: 11/14/17, 8/18/2238

© MTSBA 2022 34161 Page 5 of 52 3

Montana Authorization to Carry and Self-Administer Medication

For this student to carry and self-administer medication on school grounds or for school sponsored activities, this form must be fully completed by the prescribing physician/provider and an authorizing parent, an individual who has executed a caretaker relative educational authorization affidavit, or legal guardian.

Student’s Name:_______________________________ School: _____________________________ Sex: (Please circle) Female/Male City/Town: __________________________ Birth Date: _____/_____/_____ School Year: __________(Renew each year)

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: _______________________________________________

I confirm that this student has been instructed in the proper use of this medication and is able to self-administer this medication on his own without school personnel supervision. I have provided 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.

Signature of Physician Physician’s Phone Number Date

Backup Medication – The law provides that if a child’s health care provider prescribes “backup” medication to be kept at the school, it must be kept in a predetermined location, known to the child, parent, and school staff.

The following backup medication has been provided for this student: ___________________________________

For Completion by Parent, an individual who has executed a caretaker relative educational authorization affidavit, or Guardian

As the parent, individual who has executed a caretaker relative educational 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 an auto-injectable epinephrine, he/ she understands the need to alert an adult that emergency medical personnel need to be called. If he/she has used his/her asthma inhaler as prescribed and does not have relief from an asthma attack, he/she is to alert an adult.

I also acknowledge that the school district or nonpublic school may not incur liability as a result of any injury arising from the self-administration of medication by the student and that I shall indemnify and hold harmless the school district or nonpublic school and its employees and agents against any claims, except a claim based on an act or omission that is the result of gross negligence, willful and wanton conduct, or an intentional tort.

I agree to also work with the school in establishing a plan for use and storage of backup medication if prescribed, as above, by my child’s physician. This will include a predetermined location to keep backup medication to which my child has access in the event of an asthma or anaphylaxis emergency.

Authorization is hereby granted to release this information to appropriate school personnel and classroom teachers.

I understand that in the event the medication dosage is altered, a new “self-administration form” must be completed, or the physician may rewrite the order on his prescription pad and I, the parent/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.

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)

© MTSBA 2012 3416F
_____________________________________________________________________________________________
____________________________ _______________________ _______________________

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.

Signature of Physician/PA/APRN Phone Number Date

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.

© MTSBA 2012 3416F1
_____________________________________________________________________________________________
____________________________ _______________________ _______________________
_____________________________________________________________________________________________.

1

Joliet Public Schools

2

3

STUDENTS

4

5

Communicable Diseases

Note: For purposes of this policy, the term “communicable disease” refers to the diseases identified in6 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 reside10 within its boundaries, it may deny attendance at school to any child diagnosed as having a communicable11 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 child13 when others in a school have an infectious disease, which, although not normally life threatening, could14 be life threatening to a child with suppressed immunity.

15

16

The Board recognizes that communicable diseases that may afflict students range from common17 childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as human18 immunodeficiency virus (HIV) infection. The District will rely on advice of the public health and19 medical communities in assessing the risk of transmission of various communicable diseases to determine20 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 of23 Public Health and Human Services guidelines and communicable diseases control rules. The District may24 temporarily exclude from school attendance a student who exhibits symptoms of a communicable disease25 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 person28 designated by the Board and may be sent home as soon as a parent or person designated on a student’s29 emergency medical authorization form has been notified. The District reserves the right to require a30 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 serious33 communicable disease, the staff member or volunteer will promptly notify a school nurse or other34 responsible person designated by the Board to determine appropriate measures to be taken to protect35 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 staff37 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 appropriate40 educational accommodation will be informed of the specific nature of a condition, if it is determined that41 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 exposed44 to a communicable disease without identifying the particular student who has the disease.

45

46

47

Legal Reference: 37.114.101, et seq., ARM Communicable Disease Control

Policy History:48

Adopted on: 06/20/1349

Reviewed on:50

Revised on:51

© MTSBA 2012
3417

1

Joliet Public Schools

2

3

STUDENTS

4

Head Lice5

6

The Board recognizes its responsibility to all students enrolled in the Joliet Public Schools to7 provide a safe and healthy environment in which they may attend school. One inhibitor to a8 healthy environment is the head louse (Pediculus capitis). Head lice infestations must be9 addressed in public schools if a healthy environment is to be maintained. Every attempt will be10 made to educate students and parents on the prevention and eradication of head lice before and11 after infestation is detected.

12

13

14 preventive measures by the school district and the public health agency to contain infestations.

The innocent desire of children to be social and the communicable nature of lice requires

15 The Joliet Public Schools will work cooperatively with the public health agency to insure that16 infestations of head lice are contained and eradicated in the school.

17

18

In the interest of health and welfare of students enrolled in Joliet Public Schools no student will19 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 for22 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 in24 question and their classmates. Siblings of students found with lice and their classmates will also25 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 free28 of lice and eggs. Although eggs (nits) cannot spread to other children, they may hatch in 2 329 days and would immediately become communicable. A child may return to school after being30 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 be34 made to contact parents or guardians immediately upon discovery of head lice. Parents will be35 asked to come to school to pick up the student and begin treatment immediately.

36

37 38

Policy History:39

40

Adopted on: 9/12/22

Reviewed on:41

Revised on:42

© MTSBA 2022
3420

1

Joliet Public Schools

2

STUDENTS

4

6

Emergency Treatment

The Board recognizes that schools are responsible for providing first aid or emergency treatment7 to a student in case of sudden illness or injury; however, further medical attention is the8 responsibility of a parent or guardian.

9

10

The District requires that every parent or guardian provide a telephone number where a parent or11 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 a14 superior, a nurse, or a doctor. The District will employ its normal procedures to address medical15 emergencies without regard to the existence of a do not resuscitate (DNR) request, as such DNR16 requests do not apply to school-based programming or eventualities attendant thereto. A17 principal or designated staff member will immediately call a parent or parental designee so that18 the parent may arrange for care or treatment of an injured student.19

20

When a student develops symptoms of illness while at school, a responsible school official will21 do the following:22 23

Immediately isolate the student from other children to a room or area segregated for that24 purpose;25 26

Inform a parent or guardian as soon as possible about the illness and request the parent or27 guardian to pick up the child; and28 29

Report each case of suspected communicable disease the same day by telephone to a30 local health authority or as soon as possible thereafter if a health authority cannot be31 reached the same day.32

33

When a parent or guardian cannot be reached, and it is the judgment of a principal or other34 person in charge that immediate medical attention is required, an injured student may be taken35 directly to a hospital and treated by a physician on call. Once located, a parent or a guardian is36 responsible for continuing treatment or for making other arrangements.37 38 39

40

41

42

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance

Policy History:43

44

Adopted on: 06/20/13

Reviewed on:45

Revised on:46

© MTSBA 2012
34313
5

Accident Report

This form is to be completed by the appropriate employee(s) as soon as possible after an accident occurs. Please Print or Type.

District Name

Principal’s

Date of Accident:

Claimant’s

Claimant’s

Claimant’s

Claimant’s

Parent’s

Nature of Injury

Name

Place of Accident Body Part Injured

Describe accident and injury in detail (attach

description

Were efforts made to contact the parent/guardian about the accident?

first aid administered?

the student

Sent to

student covered by Student Accident

No By whom?

Sent to hospital

If medical or hospital treatment was required, please complete the following information. (Attach a copy of medical bills, if

Name and address of doctor or hospital

(Name, Address, and Phone)

Page 1 of 1 © MTSBA 2012 STUDENTS 3431F
______________________________________ School
_______________________
Name ___________________________________ School Phone _______________________
___________ Time: ____  AM  PM Supervising Employee _______________
Name ____________________________________ _________________________ _________________ Last Name First Name Middle Initial
Address __________________________________________ __________________ ________________ City State ZIP Code
SS # _____________________________ Home Phone Number (_____) __________________________
Age _______ Date of Birth ______________________ Sex __________ Grade ____________________
Name (if student) _____________________________ Work Phone Number (_____) __________________
 Scratch  Concussion  Classroom  Gymnasium  Ankle  Foot  Leg  Fracture  Head Injury  Hallway  Parking Lot  Arm  Face  Nose  Bruise  Sprain/Strain  Bathroom  Sidewalk  Back  Finger  Teeth  Burn  Cut/Puncture  Cafeteria  Stairs  Neck  Hand  Wrist  Dislocation  Bite  Playground  Athletic Field  Eye  Knee  Shoulder  Other _______________________  Other ______________________  Other ________________________
additional
as necessary):________________
 Yes  No Was
 Yes 
__________________________________ Was
 Sent home 
physician 
Is
Insurance?  Yes  No If “yes,” please list Company Name, address, and phone number _________
available.)
_____________ Witnesses
____ _______________ ____________________________________________________________________________________ __________________________________________________________ __________________ Signature/Name of Person Completing the Report Date

1

Joliet Public Schools

2

3

STUDENTS

4

5

6

Removal of Student During School Day

The Board recognizes its responsibility for the proper care of students during a school day. In7 accordance with District procedures, only a duly authorized person may remove a student from8 school grounds, any school building, or school function during a school day. A person seeking9 to remove a student from school must present evidence satisfactory to the administrator of10 having proper authority to remove the student. A teacher should not excuse a student from class11 to confer with anyone, unless a request is approved by the administrator. The administrator will12 establish procedures for removal of a student during a school day.

13

14

15 16

Policy History:17

Adopted on: 06/20/1318

Reviewed on:19

Revised on:20

© MTSBA 2012
3440

1

Joliet Public Schools

2

STUDENTS

4

Removal of Student During School Day5

6

Schools must exercise a high order of responsibility for the care of students while in school. The7 removal of a student during the school day may be authorized in accordance with the following8 procedures:9

10

1. Law enforcement officers, upon proper identification, may remove a student from school11 as provided in Policies 4410 and 4411.12

13

2. Any other agencies must have a written administrative or court order directing the14 District to give custody to them. However, employees of the Department of Public Health15 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 be17 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 the21 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 to24 a non-custodial parent.25 26

5. Prior written authorization from the custodial parent or guardian is required before27 releasing a student into someone else’s custody, unless an emergency situation justifies a28 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 Protective35 Agencies36 4411 Investigations and Arrests by Police37 38

Procedure History:39

Promulgated on: 06/20/1340

Reviewed on:41

Revised on:42

© MTSBA 2012
3440P3

2

Joliet Public Schools

6

Student Fees and Fines

7

Within the concept of free public education, the District will provide an educational program for8 students as free of costs as possible.

9

10

Fees11

The Board may require fees for actual cost of breakage and for excessive supplies used in12 commercial, industrial arts, music, domestic science, science, or agriculture courses. The Board13 may also charge a student a reasonable fee for any course or activity not reasonably related to a14 recognized academic and educational goal of the District or for any course or activity taking15 place outside normal school functions. The Board may waive fees in cases of financial hardship.

16

17

The Board delegates authority to the Superintendent to establish appropriate fees and procedures18 governing collection of fees and asks the Superintendent to make annual reports to the Board19 regarding fee schedules. The Board also may require fees for actual cost of breakage and for20 excessive supplies used in commercial, industrial arts, music, domestic science, science, or21 agriculture courses.

22 23

24

Fines

The District holds a student responsible for the cost of replacing materials or property that are25 lost or damaged because of negligence. A building administrator will notify a student and parent26 regarding the nature of violation or damage, how restitution may be made, and how an appeal27 may be instituted.28

29

30

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 or31 fees. The District may not withhold the school schedule of a student because the student owes32 fines or fees. The district may withhold the grades, diploma, or transcripts of a current or former33 student who is responsible for the cost of school materials or the loss or damage of school34 property until the student or the student’s parent or guardian pays the owed fines or fees.35 36

In the event a student who owes fines or fees transfers to another school district in the state and37 the District has decided to withhold the student’s grades, diploma, or transcripts from the student38 and the student’s parent or guardian, the District shall:39

1. upon receiving notice that the student has transferred to another school district in the40 state, notify the student’s parent or guardian in writing that the school district to which41 the student has transferred will be requested to withhold the student’s grades, diploma, or42 transcripts until any obligation has been satisfied;43

2. forward appropriate grades or transcripts to the school district to which the student has44 transferred;45 46

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3. at the same time, notify the school district to which the student has transferred of any4 financial obligation of the student and request the withholding of the student’s grades,5 diploma, or transcripts until any obligations are met;6

4. when the student or the student’s parent or guardian satisfies the obligation, inform the7 school district to which the student has transferred8

9

A student or parent may appeal the imposition of a charge for damages to the Superintendent and10 to the Board.

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12

13

14

15

16

17

Legal reference: § 20-1-213 (3), MCA Transfer of school records

§ 20 5 201(4), MCA Duties and sanctions

§ 20 7 601, MCA Free textbook provisions

§ 20 9 214, MCA Fees

Policy History:18

19

Adopted on: 6/20/13

Reviewed on:20 Revised on: 11/11/1921

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Student Clubs

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The Board recognizes that student clubs are a helpful resource for schools and supports their7 formation.

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Recognized Student Clubs and Organizations

The Board of Trustees authorize the administration to approve and recognize student clubs or12 organizations in a manner consistent with this policy and administrative procedure. Student clubs13 that are recognized by the District and permitted to use District facilities, use the District’s name,14 a District school’s name, or a District school’s team name or any logo attributable to the District,15 and raise and deposit funds with the District.

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17

In order for the administration to approve and recognize a student club the group must submit an18 application to the building administrator containing the following:19

20

1.The organization’s name and purpose.21 22

2.The staff employee designated to serve as the group’s advisor.23 24

3.The rules and procedures under which it operates.25 26

4.A statement that the membership will adhere to applicable Board policies and27 administrative procedures.

28 29

5. A statement that membership is open and unrestricted and the organization will not30 engage in discrimination based on someone’s innate characteristics or membership in a31 protected classification.

32

33

The administration will report to the Board when new student clubs have been approved and34 recognized.35

36

Upon approval of a new student club, the administration will notify the District clerk so the37 group may have any funds raised for its operations so designated in accordance with the38 District’s financial practices.

39 40

Approved student clubs will appear in the student handbook and other appropriate district41 publications. Advisors of new student clubs may be eligible for a stipend in accordance with42 applicable collective bargaining agreement provisions and available district resources.

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Informal or Unrecognized Student Groups

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Student-led and initiated groups of similar interests may meet on school property during non-4 instructional time in accordance with applicable District policies. Unrecognized groups may5 have informal staff advisors who are not eligible for district stipend. Unrecognized student6 groups may not deposit funds in district accounts. Notices posted by unrecognized groups must7 be in accordance with applicable policy governing non-District events or groups and8 administrator approval.

9

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12

Fundraising

All funds raised by recognized student clubs are subject to applicable School District policies13 regarding financial management. All funds raised by recognized student clubs that are donated to14 the School District become public funds when placed in a School District account. All public15 funds must be monitored in accordance with state law. Deposits must be reviewed to ensure16 compliance with equity rules, amateur rules and appropriateness under district policy.

17 18

Funds spent by the School District will be done in accordance with District purchase order policy19 and spending limits regardless of the source of the donation. All expenditures should be20 preapproved to ensure equity and auditing standards are met.

21

22

The administration is authorized to develop procedures to implement this policy.23

24

Cross Reference: 2332 – Religion and Religious Activities25

3210 - Equal Education and Nondiscrimination26

3222 – Distribution and Posting Materials27

3233- Student Use of Buildings - Equal Access28

4331 – Use of School Property for Posting Notices29 30

Policy History:31 Adopted on: 11/11/1932

Reviewed on:33 Revised on:34

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StudentRecords

Schoolstudentrecordsareconfidential,andinformationfromthemwillnotbereleasedother7 thanasprovidedbylaw. Stateandfederallawsgrantstudentsandparentscertainrights,8 includingtherighttoinspect,copy,andchallengeschoolrecords.

9

10

TheDistrictwillensureinformationcontainedinstudentrecordsiscurrent,accurate,clear,and11 relevant. Allinformationmaintainedconcerningastudentreceivingspecialeducationservices12 willbedirectlyrelatedtotheprovisionofservicestothatchild. TheDistrictmayrelease13 directoryinformationaspermittedbylaw,butparentswillhavetherighttoobjecttoreleaseof14 informationregardingtheirchild. Militaryrecruitersandinstitutionsofhighereducationmay15 requestandreceivethenames,addresses,andtelephonenumbersofallhighschoolstudents,16 unlesstheparent(s)notifiestheschoolnottoreleasethisinformation.

17

18

TheSuperintendentwillimplementthispolicyandstateandfederallawwithadministrative19 procedures. TheSuperintendentordesigneewillinformstaffmembersofthispolicyandinform20 studentsandtheirparentsofit,aswellasoftheirrightsregardingstudentschoolrecords.

21

22

Eachstudent’spermanentfile,asdefinedbytheboardofpubliceducation,mustbepermanently23 keptinasecurelocation. Otherstudentrecordsmustbemaintainedanddestroyedasprovidedin24 20-1-212,MCA.25 26

LegalReference: Family EducationalRights and PrivacyAct, 20 U.S.C. § 1232g; 34 C.F.R.27 9928

§20-1-212,MCA Destructionofrecordsbyschoolofficer.29

§20-5-201,MCA Dutiesandsanctions30

§40-4-225,MCA Accesstorecordsbyparent31 10.55.909,ARM StudentRecords32

NoChildLeftBehindActof2001,P.L.107-33433 34

PolicyHistory:35

Adoptedon: 06/20/1336

Reviewedon:37

Revisedon:38

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StudentRecords5

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MaintenanceofSchoolStudentRecords

TheDistrictmaintainstwo(2)setsofschoolrecordsforeachstudent–apermanentrecordanda9 cumulativerecord.

11

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13

Thepermanentrecordwillinclude:

Basicidentifyinginformation14

15

Academicworkcompleted(transcripts)

Levelofachievement(grades,standardizedachievementtests)16

17

18

Immunizationrecords(per§20-5-406,MCA)

Attendancerecord

StatewidestudentidentifierassignedbytheOfficeofPublicInstruction19

20

21

Recordofanydisciplinaryactiontakenagainstthestudent,whichiseducationallyrelated

Eachstudent’spermanentfile,asdefinedbytheboardofpubliceducation,mustbepermanentlykeptina22 securelocation.23

24

Thecumulativerecordmayinclude:25 26

Intelligenceandaptitudescores27

Psychologicalreports28

Participationinextracurricularactivities29

Honorsandawards30

Teacheranecdotalrecords31

Verifiedreportsorinformationfromnon-educationalpersons32

Verifiedinformationofclearrelevancetothestudent’seducation33

Informationpertainingtoreleaseofthisrecord34

35

Disciplinaryinformation

Camerafootageonlyforthosestudentsdirectlyinvolvedintheincident36 37

Informationinthepermanentrecordwillindicateauthorshipanddateandwillbemaintainedin38 perpetuityforeverystudentwhohasbeenenrolledintheDistrict. Cumulativerecordswillbemaintained39 foreight(8)yearsafterthestudentgraduatesorpermanentlyleavestheDistrict. Cumulativerecords40 whichmaybeofcontinuedassistancetoastudentwithdisabilities,whograduatesorpermanently41 withdrawsfromtheDistrict,may,afterfive(5)years,betransferredtotheparentsortothestudentifthe42 studenthassucceededtotherightsoftheparents.

43 44

45 permanentorcumulativerecords,inaccordancewithDistrictprocedureestablishedbythe46 Superintendent.

Thebuildingprincipalwillberesponsibleformaintenance,retention,ordestructionofastudent’s

47

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AccesstoStudentRecords49

50

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TheDistrictwillgrantaccesstostudentrecordsasfollows:

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1. TheDistrictoranyDistrictemployeewillnotrelease,disclose,orgrantaccesstoinformation5 foundinanystudentrecordexceptundertheconditionssetforthinthisdocument.6

7

2. Theparentsofastudentundereighteen(18)yearsofagewillbeentitledtoinspectandcopy8 informationinthechild’sschoolrecords. Suchrequestswillbemadeinwritinganddirectedto9 therecordscustodian.Accesstotherecordswillbegrantedwithinfifteen(15)daysofthe10 District’sreceiptofsuchrequest.Parentsarenotentitledtorecordsofotherstudents. Ifarecord11 containsinformationabouttwostudents,informationrelatedtothestudentofthenon-requesting12 parentwillberedactedfromtherecord.

13 14

Insituationsinvolvingarecordcontainingvideofootage,aparentofastudentwhoserecord15 containsthefootageisallowedtoviewthefootagecontainedintherecordbutisnotpermittedto16 receiveacopyunlesstheparentsoftheotherinvolvedstudentsprovideconsent. Thefootageis17 notarecordofstudentsinthebackgroundoftheimageornototherwiseinvolvedinthe18 underlyingmatter.19 20

Wheretheparentsaredivorcedorseparated,bothwillbepermittedtoinspectandcopythe21 student’sschoolrecords,unlessacourtorderindicatesotherwise. TheDistrictwillsendcopies22 ofthefollowingtobothparentsateitherone’srequest,unlessacourtorderindicatesotherwise:23 24

a. Academicprogressreportsorrecords;25

b. Healthreports;26

c. Noticesofparent-teacherconferences;27

d. Schoolcalendarsdistributedtoparents/guardians;and28

e. Noticesaboutopenhousesandothermajorschoolevents,includingstudent-parent29 interaction.30 31

Astudentthatattainstheageoflegalmajorityisan“eligiblestudent”underFERPA. Aneligible32 studenthastherighttoaccessandinspecttheirstudentrecords. Aneligiblestudentmaynot33 preventtheirparentsfromaccessingandinspectingtheirstudentrecordsiftheyareadependent34 oftheirparentsinaccordancewithInternalRevenueServiceregulations.35 36

Accesswillnotbegrantedtotheparentorthestudenttoconfidentiallettersand37 recommendationsconcerningadmissiontoapost-secondaryeducationalinstitution,applications38 foremployment,orreceiptofanhonororaward,ifthestudenthaswaivedhisorherrightof39 accessafterbeingadvisedofhisorherrighttoobtainthenamesofallpersonsmakingsuch40 confidentiallettersorstatements.41 42

3. TheDistrictmaygrantaccesstoorreleaseinformationfromstudentrecordswithoutpriorwritten43 consenttoschoolofficialswithalegitimateeducationalinterestintheinformation. Aschool44 officialisapersonemployedbytheDistrictinanadministrative,supervisory,academic,or45 supportstaffposition(including,butnotlimitedtoadministrators,teachers,counselors,46 paraprofessionals,coaches,andbusdrivers),andtheboardoftrustees. Aschoolofficialmayalso47 includeavolunteerorcontractornotemployedbytheDistrictbutwhoperformsaneducational48 serviceorfunctionforwhichtheDistrictwouldotherwiseuseitsownemployeesandwhois49 underthedirectcontroloftheDistrictwithrespecttotheuseandmaintenanceofpersonally50 identifyinginformationfromeducationrecords,orsuchotherthirdpartiesundercontractwiththe51

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DistricttoprovideprofessionalservicesrelatedtotheDistrict’seducationalmission,including,4 butnotlimitedto,attorneysandauditors. Aschoolofficialhasalegitimateeducationalinterest5 instudenteducationinformationwhentheofficialneedstheinformationinordertofulfillhisor6 herprofessionalresponsibilitiesfortheDistrict. Accessbyschoolofficialstostudenteducation7 informationwillberestrictedtothatportionofastudent’srecordsnecessaryfortheschool8 officialtoperformoraccomplishtheirofficialorprofessionalduties.9 10

4. TheDistrictmaygrantaccesstoorreleaseinformationfromstudentrecordswithoutparental11 consentornotificationtoanyperson,forthepurposeofresearch,statisticalreporting,or12 planning,providedthatnostudentorparentcanbeidentifiedfromtheinformationreleased,and13 thepersontowhomtheinformationisreleasedsignsanaffidavitagreeingtocomplywithall14 applicablestatutesandrulespertainingtoschoolstudentrecords.15 16

5. TheDistrictmaygrantreleaseofachild’seducationrecordstochildwelfareagencieswithoutthe17 priorwrittenconsentoftheparents.18 19

6. TheDistrictwillgrantaccesstoorreleaseinformationfromastudent’srecordspursuanttoa20 courtorder.21 22

7. TheDistrictwillgrantaccesstoorreleaseinformationfromanystudentrecord,asspecifically23 requiredbyfederalorstatestatute.24 25

8. TheDistrictwillgrantaccesstoorreleaseinformationfromstudentrecordstoanyperson26 possessingawritten,datedconsent,signedbytheparentoreligiblestudent,withparticularityas27 towhomtherecordsmaybereleased,theinformationorrecordtobereleased,andreasonforthe28 release. One(1)copyoftheconsentformwillbekeptintherecords,andone(1)copywillbe29 mailedtotheparentoreligiblestudentbytheSuperintendent. WhenevertheDistrictrequests30 consenttoreleasecertainrecords,therecordscustodianwillinformtheparentoreligiblestudent31 oftherighttolimitsuchconsenttospecificportionsofinformationintherecords.32 33

9. TheDistrictmayreleasestudentrecordstothesuperintendentoranofficialwithsimilar34 responsibilitiesinaschoolinwhichthestudenthasenrolledorintendstoenroll,uponwritten35 requestfromsuchofficial. Schoolofficialsmayalsoincludethoselistedin#3above.36 37

10. Priortoreleaseofanyrecordsorinformationunderitems5,6,7,8,and9,above,theDistrictwill38 providepromptwrittennoticetotheparentsoreligiblestudentofthisintendedaction. This39 notificationwillincludeastatementconcerningthenatureandsubstanceoftherecordstobe40 releasedandtherighttoinspect,copy,andchallengethecontents.41 42

11. TheDistrictmayreleasestudentrecordsorinformationinconnectionwithanemergency,without43 parentalconsent,iftheknowledgeofsuchinformationisnecessarytoprotectthehealthorsafety44 ofthestudentorotherpersons. Therecordscustodianwillmakethisdecision,takinginto45 considerationthenatureoftheemergency,theseriousnessofthethreattothehealthandsafetyof46 thestudentorotherpersons,theneedforsuchrecordstomeettheemergency,andwhetherthe47 personstowhomsuchrecordsarereleasedareinapositiontodealwiththeemergency. The48 Districtwillnotifytheparentsoreligiblestudent,assoonaspossible,oftheinformationreleased,49 dateoftherelease,theperson,agency,ororganizationtowhomthereleasewasmade,andthe50 purposeoftherelease.51

©MTSBA2012 3600P1 page3of52 3

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12. TheDistrictmaydisclose,withoutparentalconsent,studentrecordsorinformationtotheyouth4 courtandlawenforcementauthorities,pertainingtoviolationsoftheMontanaYouthCourtAct5 orcriminallawsbythestudent.

7

13. TheDistrictwillcomplywithan ex parte orderrequiringittopermittheU.S.Attorney8 Generalordesigneetohaveaccesstoastudent’sschoolrecordswithoutnoticetoorconsentof9 thestudent’sparent(s)/guardian(s).10

11

14. TheDistrictchargesanominalfeeforcopyinginformationinthestudent’srecords. Noparentor12 studentwillbeprecludedfromcopyinginformationbecauseoffinancialhardship.

13

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15. Arecordofallreleasesofinformationfromstudentrecords(includingallinstancesofaccess15 granted,whetherornotrecordswerecopied)willbekeptandmaintainedaspartofsuchrecords.16 Thisrecordwillbemaintainedforthelifeofthestudentrecordandwillbeaccessibleonlytothe17 parentoreligiblestudent,recordscustodian,orotherperson. Therecordofreleasewillinclude:18

19

a. Informationreleasedormadeaccessible.20

b. Nameandsignatureoftherecordscustodian.21

c. Nameandpositionofthepersonobtainingthereleaseoraccess.22

d. Dateofreleaseorgrantofaccess.23

e. Copyofanyconsenttosuchrelease.24

25

26 27

DirectoryInformation

TheDistrictmayreleasecertaindirectoryinformationregardingstudents,exceptthatparentsmay28 prohibitsucharelease. Directoryinformationwillbelimitedto:29

30

Student’sname31 Address32

Telephonelisting33

Electronicmailaddress34

Photograph(includingelectronicversion)35

Dateandplaceofbirth36

Majorfieldofstudy37

Datesofattendance38

Gradelevel39

Enrollmentstatus(e.g.,undergraduateorgraduate;full-timeorpart-time)40

Participationinofficiallyrecognizedactivitiesandsports41

Weightandheightofmembersofathleticteams42

Degrees43

Honorsandawardsreceived44

Mostrecenteducationalagencyorinstitutionattended45 46

Thenotificationtoparentsandstudentsconcerningschoolrecordswillinformthemoftheirrightto47 objecttothereleaseofdirectoryinformation.TheSchoolDistrictwillspecificallyincludeinformation48 aboutthemissingchildrenelectronicdirectoryphotographrepositorypermittingparentsorguardiansto49 chosetochoosetohavethestudent'sphotographincludedintherepositoryforthatschoolyear;50 informationabouttheuseofthedirectoryphotographsifastudentisidentifiedasamissingchild;and51

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informationabouthowtorequestthestudent'sdirectoryphotographberemovedfromtherepository.

2

3

MilitaryRecruiters/InstitutionsofHigherEducation/GovernmentAgencies

4

Pursuanttofederallaw,theDistrictisrequiredtoreleasethenames,addresses,andtelephone5 numbersofallhighschoolstudentstomilitaryrecruitersandinstitutionsofhighereducationupon6 request.

7

8

TheMontanaSuperintendentofPublicInstructionmayreleasestudentinformationtotheMontana9 CommissionerofHigherEducationandMontanaDepartmentofLaborandIndustryforresearchpurposes

10 afterenteringintoagreementwithCommissionerandDepartment. IftheSuperintendentofPublic11 Instructionoffersastatewideassessmentthatservesasacollegeentranceexam,thestudent’spersonally12 identifiableinformationmaybereleasedtocolleges,state-contractedtestingagencies,andscholarship13 organizationswithstudentconsent.

14

15

Thenotificationtoparentsandstudentsconcerningschoolrecordswillinformthemoftheirrightto16 objecttothereleaseofthisinformation.

17

18

19

20

StudentRecordChallenges

TheDistrictshallgiveaparentoreligiblestudent,onrequest,anopportunityforahearingtochallenge

23

21 contentofthestudent’seducationrecordsonthegroundsthattheinformationcontainedintheeducation22 recordsisinaccurate,misleading,orinviolationoftheprivacyrightsofthestudent.

24

Thehearingrequiredby34C.F.R.99.21mustmeet,ataminimum,thefollowingrequirements:25

TheDistrictshallholdthehearingwithinareasonabletimeafterithasreceivedtherequestfor26 thehearingfromtheparentoreligiblestudent.27

TheDistrictshallgivetheparentoreligiblestudentnoticeofthedate,time,andplace,reasonably28 inadvanceofthehearing.29

ThehearingmaybeconductedbyanyindividualincludinganofficialoftheDistrictwhodoes30 nothavedirectinterestintheoutcomeofthehearing.31

TheDistrictshallmakeitsdecisioninwritingwithinareasonableamountoftimeafterthe32 hearing.

Thedecisionmustbebasedsolelyontheevidencepresentedatthehearing,andmustincludea34 summaryoftheevidenceandthereasonsforthedecision.35

Theparentoreligiblestudenthas:

Therighttopresentevidenceandtocallwitnesses;

Therighttocross-examinewitnesses;

Therighttocounsel;

Therighttoawrittenstatementofanydecisionandthereasonstherefor;

Theparentsmayinsertawrittenstatementofreasonablelengthdescribingtheirpositionondisputed

information. Theschoolwillmaintainthestatementwiththecontestedpartoftherecordforaslongas

therecordismaintainedandwilldisclosethestatementwheneveritdisclosestheportionoftherecordto46 whichthestatementrelates.

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LegalReference:

Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R.1 99(2011),34C.F.R.99.20-22

§20-5-201,MCA Dutiesandsanctions

§40-4-225,MCA Accesstorecordsbyparent4

§41-3-201,MCA Reports5

§41-5-215,MCA Youthcourtanddepartmentrecords–notificationof6 school7

10

§20-7-104 Transparencyandpublicavailabilityofpublicschool8 performancedata--reporting--availabilityfortimely9 usetoimproveinstruction.

10.55.909,ARM Studentrecords11

10.55.910,ARM StudentDisciplineRecords12

13

14

ProcedureHistory:15

16

Chapter250(2019) ElectronicDirectorPhotographRepository

Promulgatedon: 06/20/13

Reviewedon:17 Revisedon:11/11/201918 19

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Student Records

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Notification to Parents and Students of Rights Concerning a Student’s School Records

This notification may be distributed by any means likely to reach the parent(s)/guardian(s).

11 and a cumulative record. The permanent record will include:12

13

14

15

16

17

18

19

20

21 22

The District will maintain two (2) sets of school records for each student: a permanent record

Basic identifying information

Academic work completed (transcripts)

Level of achievement (grades, standardized achievement tests)

Immunization records (per § 20-5-506, MCA)

Attendance record

Record of any disciplinary action taken against the student, which is educationally related

The cumulative record may include:

Intelligence and aptitude scores23

Psychological reports24

Participation in extracurricular activities25

Honors and awards26

Teacher anecdotal records27

Verified reports or information from non-educational persons28

Verified information of clear relevance to the student’s education29

Information pertaining to release of this record30

Disciplinary information31

32

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students33 over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s34 education records. They are:35 36

1. The right to inspect and copy the student’s education records, within a reasonable37 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 inspect40 and copy their permanent record. Parents/guardians or “eligible” students should submit41 to the school principal (or appropriate school official) a written request identifying the42 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 the44 time and place the records may be inspected. The District charges a nominal fee for45 copying, but no one will be denied their right to copies of their records for inability to pay46

© MTSBA 2012

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this cost.

The rights contained in this section are denied to any person against whom an order of6 protection has been entered concerning a student.

7

8

2. The right to request amendment of the student’s education records which the9 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 believe13 is inaccurate, misleading, irrelevant, or improper. They should write the school principal14 or records custodian, clearly identifying the part of the record they want changed, and15 specify the reason.

16

17

If the District decides not to amend the record as requested by the parent(s)/guardian(s) or18 eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the19 decision and advise him or her of their right to a hearing regarding the request for20 amendment. Additional information regarding the hearing procedures will be provided to21 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 in24 the student’s education records, except to the extent that FERPA or state law25 authorizes disclosure without consent.26

27

Disclosure is permitted without consent to school officials with legitimate educational or28 administrative interests. A school official is a person employed by the District as an29 administrator, supervisor, instructor, or support staff member (including health or30 medical staff and law enforcement unit personnel); a person serving on the Board; a31 person or company with whom the District has contracted to perform a special task (such32 as contractors, attorneys, auditors, consultants, or therapists); volunteers; other outside33 parties to whom an educational agency or institution has outsourced institutional services34 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 grievance36 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 an39 education record in order to fulfill his or her professional responsibility.40 41

Upon request, the District discloses education records, without consent, to officials of42 another school district in which a student has enrolled or intends to enroll, as well as to43 any person as specifically required by state or federal law. Before information is44 released to individuals described in this paragraph, the parent(s)/guardian(s) will receive45 written notice of the nature and substance of the information and an opportunity to46

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inspect, copy, and challenge such records. The right to challenge school student records4 does not apply to: (1) academic grades of their child, and (2) references to expulsions or5 out-of-school suspensions, if the challenge is made at the time the student’s school6 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, statistical9 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 such11 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 or14 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 regarding20 students, limited to:21 22

Student’s name23

Address24

Telephone listing25

Electronic mail address26

Photograph (including electronic version)27

Date and place of birth28

Major field of study29

Dates of attendance30

Grade level31

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)32

Participation in officially recognized activities and sports33

Weight and height of members of athletic teams34

Degrees35

Honors and awards received36

Most recent educational agency or institution attended37 38

Any parent(s)/guardian(s) or eligible student may prohibit the release of all of the above39 information by delivering written objection to the building principal within ten (10) days40 of the date of this notice. No directory information will be released within this time41 period, unless the parent(s)/guardian(s) or eligible student are specifically informed42 otherwise. When a student transfers, leaves the District, or graduates, the school must43 continue to honor a decision to opt-out, unless the parent or student rescinds the44 decision.45 46

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A parent or student 18 years of age or an emancipated student, may not opt out of4 directory information to prevent the district from disclosing or requiring a student to5 disclose their name [identifier, institutional email address in a class in which the student6 is enrolled] or from requiring a student to disclose a student ID card or badge that7 exhibits information that has been properly designated directory information by the8 district in this policy.9

10

6. The right to request that information not be released to military recruiters and/or11 institutions of higher education.

12

13

Pursuant to federal law, the District is required to release the names, addresses, and14 telephone numbers of all high school students to military recruiters and institutions of15 higher education upon request.

16

17

Parent(s)/guardian(s) or eligible students may request that the District not release this18 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, concerning21 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 Office26 U.S. Department of Education27 400 Maryland Avenue, SW28 Washington, DC 20202-460529

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StudentDirectoryInformationNotification

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.

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DearParent/EligibleStudent:

This document informs you of your right to direct the District to withhold the release of student directory informationfor_______________________________________________. Student’sName

FollowingisalistofitemsthisDistrictconsidersstudentdirectoryinformation. PleasereviewSchoolDistrictPolicy3600Pforcompleteinformation.

-Student’sname -Enrollmentstatus(e.g.,undergraduateor -Address graduate;full-timeorpart-time)

-Telephonelisting -Participationinofficiallyrecognizedactivities

-Electronicmailaddress andsports

-Photograph(includingelectronicversion) -Weightandheightofmembersofathleticteams

-Dateandplaceofbirth -Degrees

-Majorfieldofstudy -Honorsandawardsreceived

-Datesofattendance -Mostrecenteducationalagencyorinstitution Gradelevel attended

If you do NOT want directory information provided to the following, please check the appropriatebox.

InstitutionsofHigherEducation, PotentialEmployers, ArmedForcesRecruiters, GovernmentAgencies Other

NOTE:Ifinformationsuchasastudent’sname,gradelevel,orphotograph,andotherlisted information istobewithheld,thestudentwillnotbeincludedintheschool’syearbook,program events,andsimilarSchoolDistrictpublicationsorotherstatewideprogramsrelatedtostudent safety,research,andscholarship.PleasereviewSchoolDistrictPolicy3600Pforcomplete information.

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Parent/EligibleStudent’sSignature
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Student Records5

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Maintenance of School Student Records

The District maintains two (2) sets of school records for each student – a permanent record and a9 cumulative record.

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The permanent record will include:

Basic identifying information14

Academic work completed (transcripts)15

Level of achievement (grades, standardized achievement tests)16

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Immunization records (per § 20-5-406, MCA)

Attendance record

Record of any disciplinary action taken against the student, which is educationally related19 20

Each student’s permanent file, as defined by the board of public education, must be permanently kept in a21 secure location.22 23

The cumulative record may include:24 25

Intelligence and aptitude scores26

Psychological reports27

Participation in extracurricular activities28

Honors and awards29

Teacher anecdotal records30

Verified reports or information from non-educational persons31

Verified information of clear relevance to the student’s education32

Information pertaining to release of this record33

Disciplinary information34 35

Information in the permanent record will indicate authorship and date and will be maintained in36 perpetuity for every student who has been enrolled in the District. Cumulative records will be maintained37 for eight (8) years after the student graduates or permanently leaves the District. Cumulative records38 which may be of continued assistance to a student with disabilities, who graduates or permanently39 withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the40 student has succeeded to the rights of the parents.41 42

The building principal will be responsible for maintenance, retention, or destruction of a student’s43 permanent or cumulative records, in accordance with District procedure established by the44 Superintendent.

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Access to Student Records

The District will grant access to student records as follows:49 50

© MTSBA 2012

4 found in any student record except under the conditions set forth in this document.5 6

1. The District or any District employee will not release, disclose, or grant access to information

2. The parents of a student under eighteen (18) years of age will be entitled to inspect and copy7 information in the child’s school records. Such requests will be made in writing and directed to8 the records custodian. Access to the records will be granted within fifteen (15) days of the9 District’s receipt of such request.10 11

Where the parents are divorced or separated, both will be permitted to inspect and copy the12 student’s school records, unless a court order indicates otherwise. The District will send copies13 of the following to both parents at either one’s request, unless a court order indicates otherwise:14 15

a. Academic progress reports or records;16

b. Health reports;17

c. Notices of parent-teacher conferences;18

d.School calendars distributed to parents/guardians; and19

e. Notices about open houses and other major school events, including student-parent20 interaction.

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When the student reaches eighteen (18) years of age, graduates from high school, marries, or23 enters military service, all rights and privileges accorded to the parent become exclusively those24 of the student.25

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Access will not be granted to the parent or the student to confidential letters and27 recommendations concerning admission to a post-secondary educational institution, applications28 for employment, or receipt of an honor or award, if the student has waived his or her right of29 access after being advised of his or her right to obtain the names of all persons making such30 confidential letters or statements.31 32

3. The District may grant access to or release information from student records without prior written33 consent to school officials with a legitimate educational interest in the information. A school34 official is a person employed by the District in an administrative, supervisory, academic, or35 support staff position (including, but not limited to administrators, teachers, counselors,36 paraprofessionals, coaches, and bus drivers ), and the board of trustees. A school official may37 also include a volunteer or contractor not employed by the District but who performs an38 educational service or function for which the District would otherwise use its own employees and39 who is under the direct control of the District with respect to the use and maintenance of40 personally identifying information from education records, or such other third parties under41 contract with the District to provide professional services related to the District’s educational42 mission, including, but not limited to, attorneys and auditors. A school official has a legitimate43 educational interest in student education information when the official needs the information in44 order to fulfill his or her professional responsibilities for the District. Access by school officials45 to student education information will be restricted to that portion of a student’s records necessary46 for the school official to perform or accomplish their official or professional duties.

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4. The District may grant access to or release information from student records without parental4 consent or notification to any person, for the purpose of research, statistical reporting, or5 planning, provided that no student or parent can be identified from the information released, and6 the person to whom the information is released signs an affidavit agreeing to comply with all7 applicable statutes and rules pertaining to school student records.8 9

5. The District may grant release of a child’s education records to child welfare agencies without the10 prior written consent of the parents.11 12

6. The District will grant access to or release information from a student’s records pursuant to a13 court order.14 15

7. The District will grant access to or release information from any student record, as specifically16 required by federal or state statute.17 18

8. The District will grant access to or release information from student records to any person19 possessing a written, dated consent, signed by the parent or eligible student, with particularity as20 to whom the records may be released, the information or record to be released, and reason for the21 release. One (1) copy of the consent form will be kept in the records, and one (1) copy will be22 mailed to the parent or eligible student by the Superintendent. Whenever the District requests23 consent to release certain records, the records custodian will inform the parent or eligible student24 of the right to limit such consent to specific portions of information in the records.25 26

9. The District may release student records to the superintendent or an official with similar27 responsibilities in a school in which the student has enrolled or intends to enroll, upon written28 request from such official. School officials may also include those listed in #3 above.29 30

10. Prior to release of any records or information under items 5, 6, 7, and 8, above, the District will31 provide prompt written notice to the parents or eligible student of this intended action. This32 notification will include a statement concerning the nature and substance of the records to be33 released and the right to inspect, copy, and challenge the contents.34 35

11. The District may release student records or information in connection with an emergency, without36 parental consent, if the knowledge of such information is necessary to protect the health or safety37 of the student or other persons. The records custodian will make this decision, taking into38 consideration the nature of the emergency, the seriousness of the threat to the health and safety of39 the student or other persons, the need for such records to meet the emergency, and whether the40 persons to whom such records are released are in a position to deal with the emergency. The41 District will notify the parents or eligible student, as soon as possible, of the information released,42 date of the release, the person, agency, or organization to whom the release was made, and the43 purpose of the release.

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12. The District may disclose, without parental consent, student records or information to the youth46 court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act47 or criminal laws by the student.

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13. The District will comply with an ex parte order requiring it to permit the U.S. Attorney4 General or designee to have access to a student’s school records without notice to or consent5 of the student’s parent(s)/guardian(s).6

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14. The District charges a nominal fee for copying information in the student’s records. No parent or8 student will be precluded from copying information because of financial hardship.9 10

15. A record of all releases of information from student records (including all instances of access11 granted, whether or not records were copied) will be kept and maintained as part of such records.12 This record will be maintained for the life of the student record and will be accessible only to the13 parent or eligible student, records custodian, or other person. The record of release will include:14 15

a. Information released or made accessible.16

b. Name and signature of the records custodian.17

c. Name and position of the person obtaining the release or access.18

d. Date of release or grant of access.19

e. Copy of any consent to such release.20 21

Directory Information22 23

The District may release certain directory information regarding students, except that parents may24 prohibit such a release. Directory information will be limited to:25 26

Student’s name27

Address28

Telephone listing29

Electronic mail address30

Photograph (including electronic version)31

Date and place of birth32

Major field of study33

Dates of attendance34

Grade level35

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)36

Participation in officially recognized activities and sports37

Weight and height of members of athletic teams38

Degrees39

Honors and awards received40

Most recent educational agency or institution attended41 42

The notification to parents and students concerning school records will inform them of their right to43 object to the release of directory information.44 45 46

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Military Recruiters/Institutions of Higher Education

Pursuant to federal law, the District is required to release the names, addresses, and telephone6 numbers of all high school students to military recruiters and institutions of higher education upon7 request. The notification to parents and students concerning school records will inform them of their right8 to object to the release of this information.

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Student Record Challenges

The parents may challenge the accuracy, relevancy, or propriety of the records, except: (1) grades, and (2)

references to expulsions or out-of-school suspensions, if the challenge is made when the student’s school

records are being forwarded to another school. They have the right to request a hearing at which each15 party has:16

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The right to present evidence and to call witnesses;

The right to cross-examine witnesses;

The right to counsel;

The right to a written statement of any decision and the reasons therefor;

The right to appeal an adverse decision to an administrative tribunal or official, to be established22 or designated by the State Board.

The parents may insert a written statement of reasonable length describing their position on disputed25 information. The school will include the statement in any release of the information in dispute.26 27 28 29

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R.30 99 (2011)

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§ 20-5-201, MCA Duties and sanctions32

§ 40-4-225, MCA Access to records by parent33

§ 41-5-215, MCA Youth court and department records – notification of34 school35

10.55.909, ARM Student records36

Procedure History:38

Promulgated on: 06/20/1339

Reviewed on:40

Revised on:41 42

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Transfer of Student Records

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The District will forward by mail or by electronic means a certified copy of a permanent or7 cumulative file of any student and a file of special education records of any student to a local8 educational agency or accredited school in which a student seeks to or intends to enroll within9 five (5) working days after receipt of a written or electronic request. The files to be forwarded10 must include education records in a permanent file – that is, name and address of a student, name11 of parent or legal guardian, date of birth, academic work completed, level of achievement12 (grades, standardized tests), immunization records, special education records, and any13 disciplinary actions taken against a student that are educationally related.

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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 a17 five-(5)-day time period. The District also will include in that notice the date by which requested18 records will be transferred. The District will not refuse to transfer records because a student owes19 fines or fees.

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Cross Reference: 3413 Student Immunization24 3600 - 3600P Student Records25 3606F Records Certification26 27

Legal Reference: § 20-1-213, MCA Transfer of school records28 29

Policy History:30 Adopted on: 06/20/1331 Reviewed on:32 Revised on:33

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Receipt of Confidential Records

Pursuant to Montana law, the District may receive case records of the Department of Public

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7 Health and Human Services and its local affiliate, the county welfare department, the county8 attorney, and the court concerning actions taken and all records concerning reports of child abuse9 and neglect. The District will keep these records confidential as required by law and will not10 include them in a student’s permanent file.

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The Board authorizes the individuals listed below to receive information with respect to a13 District student who is a client of the Department of Public Health and Human Services:14

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Administration16

Counselor

Special Education Teacher

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When the District receives information pursuant to law, the Superintendent will prevent20 unauthorized dissemination of that information.

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Cross Reference: 3600 - 3600P Student Records25 26

Legal Reference: § 41-3-205, MCA Confidentiality – disclosure exceptions27 28

Policy History:29

Adopted on: 06/20/1330

Reviewed on:31

Revised on:32

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District Provided Access to Electronic Information, Services, Equipment, and Networks

General7

The District makes Internet access and interconnected computer systems and equipment8 available to District students and faculty. The District provides equipment and electronic9 networks, including access to the Internet, as part its instructional program and to promote10 educational excellence by facilitating resource sharing, innovation, and communication.

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The District expects all students to take responsibility for appropriate and lawful use of this13 access, including good behavior online. The District may withdraw student access to its14 equipment, network and to the Internet when any misuse occurs. District teachers and other staff

15 will make reasonable efforts to supervise use of equipment, network, and Internet access;

16 however, student cooperation is vital in exercising and promoting responsible use of this access.

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Curriculum19

Use of District equipment and electronic networks will be consistent with the curriculum adopted20 by the District, as well as with varied instructional needs, learning styles, abilities, and21 developmental levels of students, and will comply with selection criteria for instructional22 materials and library materials. Staff members may use the Internet throughout the curriculum,23 consistent with the District’s educational goals.

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Acceptable Uses26

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1. Educational Purposes Only. All use of the District’s equipment and electronic network28 must be: (1) in support of education and/or research, and in furtherance of the District’s29 stated educational goals; or (2) for a legitimate school business purpose. Use is a30 privilege, not a right. Students and staff members have no expectation of privacy in any31 materials that are stored, transmitted, or received via the District’s electronic network or32 District computers. The District reserves the right to monitor, inspect, copy, review, and33 store, at any time and without prior notice, any and all usage of the equipment and34 computer network, and Internet access and any and all information transmitted or35 received in connection with such usage.36 37

2. Unacceptable Uses of Equipment and Network. The following are considered38 unacceptable uses and constitute a violation of this policy:39 40

A. Uses that violate the law or encourage others to violate the law, including but not41 limited to transmitting offensive or harassing messages; offering for sale or use42 any substance the possession or use of which is prohibited by the District’s43 student discipline policy; viewing, transmitting, or downloading pornographic44 materials or materials that encourage others to violate the law; intruding into45

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the networks or computers of others; and downloading or transmitting4 confidential, trade secret information, or copyrighted materials.5

B. Uses that cause harm to others or damage to their property, including but not6 limited to engaging in defamation (harming another’s reputation by lies);7 employing another’s password or some other user identifier that misleads message8 recipients into believing that someone other than you is communicating, or9 otherwise using his/her access to the network or the Internet; uploading a worm,10 virus, other harmful form of programming or vandalism; participating in11 “hacking” activities or any form of unauthorized access to other computers,12 networks, or other information.

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C. Uses that jeopardize the security of student access and of the computer network or14 other networks on the Internet.

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D. Uses that are commercial transactions. Students and other users may not sell or16 buy anything over the Internet. Students and others should not give information17 to others, including credit card numbers and social security numbers.18 19

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Warranties/Indemnification

The District makes no warranties of any kind, express or implied, in connection with its22 provision of access to and use of its equipment, computer networks and the Internet provided23 under this policy. The District is not responsible for any information that may be lost, damaged,24 or unavailable when using the equipment, network, or for any information that is retrieved or25 transmitted via the Internet. The District will not be responsible for any unauthorized charges or26 fees resulting from access to the Internet. Any user is fully responsible to the District and will27 indemnify and hold the District, its trustees, administrators, teachers, and staff harmless from any28 and all loss, costs, claims, or damages resulting from such user’s access to its equipment,29 computer network, and the Internet, including but not limited to any fees or charges incurred30 through purchase of goods or services by a user. The District expects a user or, if a user is a31 minor, a user’s parents or legal guardian to cooperate with the District in the event of its32 initiating an investigation of a user’s use of access to its equipment, computer network, and the33 Internet.34

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Violations36 37

Violation of this policy will result in a loss of access and may result in other disciplinary or legal38 action. The principal will make all decisions regarding whether a user has violated this policy39 and any related rules or regulations and may deny, revoke, or suspend access at any time, with40 that decision being final.

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Policy History:43

Adopted on: 06/20/1344

Reviewed on:45 Revised on: 7/11/2246

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STUDENT INTERNET ACCESS AND EQUIPMENT USE CONDUCT AGREEMENT

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Every student, regardless of age, must read and sign below:

I have read, understand, and agree to abide by the terms of the Joliet School District’s policy

7 regarding District Provided Access to Electronic Information, Services, Equipment, and8 Networks (Policy No. 3612). Should I commit any violation or in any way misuse my access to9 the District’s equipment, computer network and/or the Internet, I understand and agree that my10 access privilege may be revoked and school disciplinary action may be taken against me

11 including payment of costs associated with damaged equipment.

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User’s Name (Print): ________________________ Home Phone:___14

User’s Signature: ___________________________ Date: ______________________________15 Address:______________________________________________________________________

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Parent or Legal Guardian. (If applicant is under 18 years of age, a parent/legal guardian must18 also read and sign this agreement.) As the parent or legal guardian of the above named student, I19 have read, understand, and agree that my child shall comply with the terms of the District’s20 policy regarding District Provided Access to Electronic Information, Services, Equipment, and21 Networks for the student’s access to the District’s equipment computer network and/or the22 Internet. I understand that access is being provided to the students for educational purposes only.23 However, I also understand that it is impossible for the school to restrict access to all offensive24 and controversial materials and understand my child’s responsibility for abiding by the policy. I25 am signing this Agreement and agree to accept full responsibility for supervision of my child’s26 use of his/her equipment and access account if and when such access is not in the school setting.27 I hereby give my child permission to use the building approved account to access the District’s28 computer network and the Internet. I understand any negligence arising out of my student’s use29 of equipment or networks shall be attributed to me as comparative negligence within the30 meaning of Section 27 1 702, MCA. I further accept that any costs to repair or replace damages31 to equipment or networks in accordance Section 20 5 201, MCA32 33

Parent/Legal Guardian (Print): _____________________________________________________34

Signature:35

Home Phone: ___________________ Address: _____________________________________36

Date: _________________________37 38

This Agreement is valid for the _________________ school year only.39

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District Provided Access to Electronic Information, Services, Equipment, and Networks5 All use of equipment and electronic networks shall be consistent with the District’s goal of6 promoting educational excellence by facilitating resource sharing, innovation, and7 communication. These procedures do not attempt to state all required or proscribed behaviors by8 users. However, some specific examples are provided. The failure of any user to follow these9 procedures will result in the loss of privileges, disciplinary action, and/or appropriate legal10 action.

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Terms and Conditions13

1. Acceptable Use Access to the District’s equipment and electronic networks must be: (a)14 for the purpose of education or research and consistent with the educational objectives of15 the District; or (b) for legitimate business use.

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2. Privileges The use of the District’s equipment and electronic networks is a privilege,18 not a right, and inappropriate use will result in cancellation of those privileges. The19 system administrator (and/or principal) will make all decisions regarding whether or not a20 user has violated these procedures and may deny, revoke, or suspend access at any time.21 That decision is final.22 23

3. Unacceptable Use The user is responsible for his or her actions and activities involving24 the equipment and network. Some examples of unacceptable uses are:25 26

a Using the equipment and network for any illegal activity, including violation of27 copyright or other contracts, or transmitting any material in violation of any28 federal or state law;29 30

b. Unauthorized downloading of software, regardless of whether it is copyrighted or31 devirused;32 33

c. Downloading copyrighted material for other than personal use;34 35

d. Using the equipment or network for private financial or commercial gain;36 37

e. Wastefully using resources, such as file space;38 39

f. Hacking or gaining unauthorized access to files, resources, or entities;40 41

g. Invading the privacy of individuals, which includes the unauthorized disclosure,42 dissemination, and use of information of a personal nature about anyone;43 44

h. Using another user’s account or password;45 46

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i. Posting material authored or created by another, without his/her consent;5 6

j. Posting anonymous messages;7 8

k. Using the equipment or network for commercial or private advertising;9 10

l. Accessing, submitting, posting, publishing, or displaying any defamatory,11 inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially12 offensive, harassing, or illegal material; and13

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m. Using the equipment or network while access privileges are suspended or15 revoked.16 17

4. Network Etiquette

The user is expected to abide by the generally accepted rules of18 network etiquette. These include but are not limited to the following:19 20

a. Be polite. Do not become abusive in messages to others.21 22

b. Use appropriate language. Do not swear or use vulgarities or any other23 inappropriate language.24 25

c. Do not reveal personal information, including the addresses or telephone26 numbers, of students or colleagues.27 28

d. Recognize that electronic mail (e mail) is not private. People who operate the29 system have access to all mail. Messages relating to or in support of illegal30 activities may be reported to the authorities.31 32

e. Do not use the network in any way that would disrupt its use by other users.33 34

f. Consider all communications and information accessible via the network to be35 private property.36 37

5. No Warranties The District makes no warranties of any kind, whether expressed or38 implied, for the service it is providing. The District will not be responsible for any39 damages the user suffers. This includes loss of data resulting from delays, non deliveries,40 missed deliveries, or service interruptions caused by its negligence or the user’s errors or41 omissions. Use of any information obtained via the Internet is at the user’s own risk.

42 The District specifically denies any responsibility for the accuracy or quality of43 information obtained through its services.44 45 46

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6. Indemnification The user agrees to indemnify the District for any losses, costs, or5 damages, including reasonable attorney fees, incurred by the District, relating to or6 arising out of any violation of these procedures.

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7. Security Network security is a high priority. If the user can identify a security problem9 on the Internet, the user must notify the system administrator or building principal. Do10 not demonstrate the problem to other users. Keep your account and password11 confidential. Do not use another individual’s account without written permission from12 that individual. Attempts to log on to the Internet as a system administrator will result in13 cancellation of user privileges. Any user identified as a security risk may be denied14 access to the network.

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8. Vandalism Vandalism will result in cancellation of privileges, and other disciplinary17 action. Vandalism is defined as any malicious attempt to harm or destroy equipment,18 data of another user, the Internet, or any other network. This includes but is not limited19 to uploading or creation of computer viruses.20

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9. Telephone Charges The District assumes no responsibility for any unauthorized charges22 or fees, including telephone charges, long distance charges, per minute surcharges, and/23 or equipment or line costs.

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10. Copyright Web Publishing Rules Copyright law and District policy prohibit the26 republishing of text or graphics found on the Web or on District Websites or file servers,27 without explicit written permission.28 29

a. For each republication (on a Website or file server) of a graphic or text file that30 was produced externally, there must be a notice at the bottom of the page31 crediting the original producer and noting how and when permission was granted.32 If possible, the notice should also include the Web address of the original source.33 34

b. Students and staff engaged in producing Web pages must provide library media35 specialists with e mail or hard copy permissions before the Web pages are36 published. Printed evidence of the status of “public domain” documents must be37 provided.38 39

c. The absence of a copyright notice may not be interpreted as permission to copy40 the materials. Only the copyright owner may provide the permission. The41 manager of the Website displaying the material may not be considered a source of42 permission.43 44

d. The “fair use” rules governing student reports in classrooms are less stringent and45 permit limited use of graphics and text.46

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e. Student work may only be published if there is written permission from both the

parent/guardian and the student.

Internet Safety9

1. Internet access is limited to only those “acceptable uses,” as detailed in these procedures.11 Internet safety is almost assured if users will not engage in “unacceptable uses,” as12 detailed in these procedures, and will otherwise follow these procedures.

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2. Staff members shall supervise students while students are using District Internet access,15 to ensure that the students abide by the Terms and Conditions for Internet access, as16 contained in these procedures.

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3. Each District computer with Internet access has a filtering device that blocks entry to19 visual depictions that are: (1) obscene; (2) pornographic; or (3) harmful or inappropriate20 for students, as defined by the Children’s Internet Protection Act and determined by the21 Superintendent or designee.22 23

4. The district shall provide age appropriate instruction to students regarding appropriate online24 behavior. Such instruction shall include, but not be limited to: positive interactions with25 others online, including on social networking sites and in chat rooms; proper online social26 etiquette; protection from online predators and personal safety; and how to recognize and27 respond to cyberbullying and other threats.28 29

5. The system administrator and principal shall monitor student Internet access.30 31 32 33

Legal Reference: Children’s Internet Protection Act, P.L. 106 55434

Broadband Data Services Improvement Act/Protecting Children in35 the 21st Century Act of 2008 (P.L. 110 385)36

20 U.S.C. § 6801, et seq. Language instruction for limited English37 proficient and immigrant students38

47 U.S.C. § 254(h) and (l) Universal service39 40

Procedure History:41

Adopted on: 06/20/1342

Reviewed on:43

Revised on: 7/11/2244

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Cell Phones and Other Electronic Equipment

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Student possession and use of cellular phones, pagers, and other electronic signaling devices on8 school grounds, at school sponsored activities, and while under the supervision and control of9 District employees is a privilege which will be permitted only under the circumstances described10 herein. At no time will any student operate a cell phone or other electronic device with video11 capabilities in a locker room, bathroom, or other location where such operation may violate the12 privacy right of another person.

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Students may use cellular phones, pagers, and other electronic signaling devices on campus15 before school begins and after school ends. Students in grades 9 12 may also use such devices16 during the lunch period, and during passing time between class periods. These devices must be17 kept out of sight and turned off during the instructional day. Unauthorized use of such devices18 disrupts the instructional program and distracts from the learning environment. Therefore,19 unauthorized use is grounds for confiscation of the device by school officials, including20 classroom teachers. Confiscated devices will be returned to the parent or guardian. Repeated21 unauthorized use of such devices will result in disciplinary action.22 23 24 25

Policy History:26

Adopted on: 6/20/1327 Reviewed on:28 Revised on: 9/12/2229

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Pupil Online Personal Information Protection

Compliance7

The School District will comply with the Montana Pupil Online Personal Information Protection8 Act. The School District shall execute written agreements with operators who provide online9 applications for students and employees in the school district. The School District will execute10 written agreements with third parties who provide digital educational software or services,11 including cloud based services, for the digital storage, management, and retrieval of pupil12 records. The written agreements will require operators and third parties to the School District for13 K 12 purposes or the delivery of student or educational services to comply with Montana and14 federal law regarding protected student information. All pupil records accessed by the operator15 or third party during the term of the agreement or delivery of service to the application will16 continue to be the property of and under the control of the school district17 18

Operators of Online Applications19

Operators providing online applications to the School District shall not target advertising to20 students, sell student information, or otherwise misuse student information. Operators shall not21 use information to amass a profile about a pupil, except in furtherance of K-12 school22 purposes. Operators shall not sell a pupil's information, including protected information unless23 authorized by law Operators shall not disclose protected information unless the disclosure is24 made in accordance with School District policy, state or federal law, or with parent consent.25 Operators shall implement and maintain reasonable security procedures and practices appropriate26 to the nature of the protected information and safeguard that information from unauthorized27 access, destruction, use, modification, or disclosure Operators shall delete a pupil's protected28 information if the school or district requests the deletion of data under the control of the school29 or district.30

31

32

Third Parties Providing Software and Services

Third parties providing digital education software and services to the School District shall certify33 that pupil records will not be retained or available to the third party upon completion of the terms34 of the agreement. Furthermore, third parties shall not use any information in pupil records for35 any purpose other than those required or specifically permitted by the agreement with the36 operator. Third parties shall not use personally identifiable information in pupil records to37 engage in targeted advertising.38 39

Third parties providing digital education software and services to the School District shall40 provide a description of the means by which pupils may retain possession and control of their41 own pupil generated content. Third parties shall provide a description of the procedures by42 which a parent, legal guardian, or eligible pupil may review personally identifiable information43 in the pupil's records and correct erroneous information. Third parties shall provide a description44 of the actions the third party will take, including the designation and training of responsible45 individuals, to ensure the security and confidentiality of pupil records. Third parties shall provide46

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a description of the procedures for notifying the affected parent, legal guardian, or pupil if 181 years of age or older in the event of an unauthorized disclosure of the pupil's records;

3

4

Failure to Comply and Legal Review

An operator’s or third party’s failure to honor the law, agreement or School District policy will5 result in termination of services. The School District will report any operator who fails to honor6 the law to the appropriate authorities for criminal prosecution

7

8

10

All contracts and agreements executed under this agreement will be reviewed by the School9 District’s legal counsel.

11

12

13

14

Cross Reference: Policy 3600 Student Records

Policy 3650F Model Agreement

15 99

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R.

16

Montana Pupil Online Personal Information Protection Act, Title 20,17 chapter 7, part 13, MCA

18

19

Policy History:20 Adopted on: 11/11/201921 Reviewed on:22 Revised on:23

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JOLIETSCHOOLDISTRICT

4000SERIES COMMUNITYRELATIONS

TABLEOFCONTENTS

4000 Goals

R 4120 PublicRelations

4210 School-SupportOrganizations 4301 VisitorstoSchools

R 4310 PublicComplaintsandSuggestions 4315 SpectatorConductandSportsmanshipforAthleticandCoCurricularEvents

R 4316 AccommodatingIndividualsWithDisabilities 4320 ContactwithStudents

R 4330 CommunityUseofSchoolFacilities 4330P RulesandRegulationsforBuildingUse

4330F FacilitiesUseAgreement

4331 UseofSchoolPropertyforPostingNotices

4332 ConductonSchoolProperty 4340 PublicAccesstoDistrictRecords

4350 WebsiteAccessibilityandNondiscrimination

4410 RelationswithLawEnforcementAgencies

4411 Interrogationsand InvestigationsConductedbySchoolOfficials

4520 CooperativeProgramsWithOtherDistrictsandPublicAgencies 4550 RegisteredSexOffenders

R 4600

NoticetoParentsRequiredbyNoChildLeftBehindActof2001 (“NCLB”)

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Goals5

The Board, through the leadership of the Superintendent and with the assistance of the total staff,7 will seek to enhance the District’s community relations by striving to achieve the following8 goals:9

10

1. To encourage and enhance communications, understanding, trust, and mutual support11 between the District and the people it serves;12

13

2. To increase both the quality and quantity of public participation in school affairs,14 activities, and programs;15

16

3. To strengthen and improve relations and interactions among staff, trustees, citizens,17 parents, and students;18 19

20 21 22 23

4. To promote understanding and cooperation between the schools and community groups.

Legal Reference: 10.55.701, ARM Board of Trustees24 10.55.801, ARM School Climate25

26

Policy History:27 Adopted on: 06/20/1328 Reviewed on:29 Revised on:30

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Public Relations

The District will strive to maintain effective two-way communications with the public to enable7 the Board and staff to interpret schools’ needs to the community and provide a means for citizens8 to express their needs and expectations to the Board and staff.9

10

The Superintendent will establish and maintain a communication process within the school11 system and between it and the community. Such public information program will provide for12 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 they14 serve, and assist staff in improving their skills and understanding in communicating with the15 public.

16

17

The District may solicit community opinion through parent organizations, parent-teacher18 conferences, open houses, and other events or activities which may bring staff and citizens19 together.

20 21 22 23

Legal Reference: Art. II, Sec. 8, Montana Constitution - Right of participation24 Art. II, Sec. 9, Montana Constitution - Right to know25 26

Policy History:27 Adopted on: 06/20/1328

Reviewed on:29 Revised on:30

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School-Support Organizations

10

The Board recognizes that parent, teacher, and student organizations are an invaluable resource7 to District schools and supports their formation and vitality. While parent, teacher, and student8 organizations have no administrative authority and cannot determine District policy, their9 suggestions and assistance are always welcome.

11

Parent organizations and booster clubs are recognized by the Board and permitted to use the12 District’s name, a District school’s name, or a District school’s team name or any logo13 attributable to the District, provided they first receive the Superintendent’s or designee’s express

14 written consent. Consent to use one of the above-mentioned names or logos will generally be15 granted, if the organization or club has bylaws containing the following:16 17

1. The organization’s or club’s name and purpose, such as to enhance students’ educational18 experiences, to help meet educational needs of students, to provide extra athletic benefits19 to students, to assist specific sports teams or academic clubs through financial support, or20 to enrich extracurricular activities.21 22

2. The rules and procedures under which it operates.23 24

3. An agreement to adhere to all Board policies and administrative procedures.25 26

4. A statement that membership is open and unrestricted, meaning that membership is open27 to parents/guardians of students enrolled in the school, District staff, and community28 members.129 30

5. A statement that the District is not, and will not be, responsible for the organization’s or31 club’s business or the conduct of its members.32 33

6. An agreement to maintain and protect its own finances.34 35

7. A recognition that money given to a school cannot be earmarked for any particular36 expense. Booster clubs may make recommendations, but cash or other valuable37 consideration must be given to the District to use at its discretion. The Board’s legal38 obligation to comply with Title IX by providing equal athletic opportunity for members39 of both genders will supersede an organization or club’s recommendation.240

1 An alternative follows: An agreement not to engage in discrimination based on someone’s innate characteristics or membership in a suspect classification.

2 Booster clubs are understandably selective in their support. However, by accepting booster club assistance that creates vast gender differences, a school board may face claims that it has violated Title IX. Title IX’s focus is on equal funding opportunities, equal facility availability, similar travel and transportation treatment, comparable coaching, and comparable publicity (34 C.F.R. Part 106).

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Permission to use one of the above-mentioned names or logos may be rescinded at any time and4 does not constitute permission to act as the District’s representative. At no time does the District5 accept responsibility for the actions of any parent organization or booster club, regardless of6 whether it was recognized and/or permitted to use any of the above-mentioned names or logos.3

7 The Superintendent shall designate an administrative staff member to serve as the liaison to8 parent organizations or booster clubs. The liaison will serve as a resource person and provide9 information about school programs, resources, policies, problems, concerns, and emerging10 issues. Building staff will be encouraged to participate in the organizations.

11

12

13

14

Fundraising by School Support Groups

Fundraising by school support groups is considered a usual and desirable part of the function of15 such groups. Specific fundraising activities must be approved in advance by the principal.

16

17

The principal must be consulted before any expenditure of such funds. All such funds raised by18 school adjunct groups are to be used for direct or indirect support of school programs. Equipment19 purchased by support groups and donated to the schools becomes the property of the District and20 may be used or disposed of in accordance with District policy and state law.

21

22

23

24

Policy History:25

Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

3 Booster clubs present potential liabilities to a school district beyond loss of funds, because they seldom are properly organized (they generally are not incorporated or otherwise legally recognized), carry no insurance, raise and handle large sums of money, and club members hold themselves out as agents of the school (after all, no funds could be raised but for the school connection). A disclaimer, such as the one presented here, may not be sufficient. A district may take several actions, after discussion with its attorney, to minimize liability, such as adding a requirement to item 6 above that the club: (1) operate under the school’s authority (activity accounts); or (2) be properly organized and demonstrate fiscal responsibility by being a 501(c)(3) organization, obtaining a bond, and/or arranging regular audits. Ultimately, the best way to minimize liability is to be sure that the district’s errors-and-omissions insurance covers parent organizations and booster clubs.

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Visitors to Schools

The District encourages visits by parents, and citizens to all District buildings. All visitors shall7 report to the main high school office on entering any District building. Conferences with8 teachers should be held outside school hours or during the teacher’s conference or preparation9 time.10 11 12 13 14

Policy History:15

Adopted on: 06/20/1316 Reviewed on:17 Revised on: 09/12/1618

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Public Complaints and Suggestions

The Board is interested in receiving valid complaints and suggestions. Public complaints and

suggestions shall be submitted by the Uniform Complaint Procedure to the appropriate-level staff8 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 be11 taken from any decision of the Board.

12

13

14

15

16

17

Cross Reference: 1700 Uniform Complaint Procedure

Policy History:18 Adopted on: 06/20/1319

Reviewed on:20

Revised on:21

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VisitorandSpectatorConduct

Anyperson,includinganadult,whobehavesinanunsportsmanlikeorinappropriatemanner

7 duringavisittotheschooloraschooleventmaybeejectedfromtheeventand/ordenied8 permissiontoaccessschoolbuildingsorpropertyorschooleventsasdeterminedbytheBoardof9 Trustees. Examplesofunsportsmanlikeorinappropriateconductincludebutarenotlimitedto:10

11

Usingvulgarorobscenelanguageorgestures;12

Possessingorbeingundertheinfluenceofanyalcoholicbeverageorillegalsubstance;13

Possessingaweapon;

Fightingorotherwisestrikingorthreateninganotherperson;15

FailingtoobeyinstructionsofasecurityofficerorDistrictemployee;and16

Engaginginanyillegalordisruptiveactivity.17

18

19

OtherviolationsofDistrictPolicy.

TheSuperintendentisauthorizedtotemporarilyrestrictaccesstoschoolbuildingsorproperty20 andrecommendtotheBoardofTrusteesdenialoffutureadmissiontoany personbydelivering21 ormailinganoticebycertifiedmailwithreturnreceiptrequested,containing:22

23

1. Date,time,andplaceofaBoardhearing;24 25

2. Descriptionoftheunsportsmanlikeconduct;and26 27

3. Proposedtimeperiodadmissiontoschoolbuildingsorpropertyorschooleventswillbe28 denied.29

30

CrossReference: 4301 VisitorstoSchool31 32

LegalReference: §20-1-206,MCA Disturbanceofschool–penalty33

§20-4-303,MCA Abuseofteachers34

§45-8-101,MCA Disorderlyconduct35

§45-8-351,MCA RestrictiononLocalGovernmentRegulationof36 Firearms

37

ArticleX,section8 MontanaConstitution38 39

PolicyHistory40

41

Adoptedon: 06/20/13

Reviewedon:42

Revisedon:11/11/201943

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Accommodating Individuals With Disabilities

7 services, programs, or activities on a basis equal to those without disabilities and will not be8 subject to illegal discrimination.

Individuals with disabilities will be provided opportunity to participate in all school-sponsored

The District may provide auxiliary aids and services when necessary to afford individuals with11 disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or12 activity.

13

14

The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in15 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 available19 for public inspection for at least three (3) years after its completion date (for districts20 having fifty (50) or more full- or part-time employees).21

22

2. Institute plans to make information regarding Title II protection available to any23 interested party.

24 25

An individual with a disability should notify the Superintendent or building principal if they have26 a disability which will require special assistance or services and what services are required. This27 notification should occur as far as possible before the school-sponsored function, program, or28 meeting.29 30

Individuals with disabilities may allege a violation of this policy or of federal law by reporting it31 to the Superintendent, as the Title II Coordinator, or by filing a grievance under the Uniform32 Complaint Procedure.

33 34 35 36

Cross Reference: 1700 Uniform Complaint Procedure37 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: 06/20/1343

Reviewed on:44

Revised on:45

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Community Use of School Facilities

School facilities are available to the community for educational, civic, cultural, and other

11

7 noncommercial uses consistent with the public interest, when such use will not interfere with the8 school program or school-sponsored activities. Use of school facilities for school purposes has9 precedence over all other uses. Persons on school premises must abide by District conduct rules10 at all times.

12

13 Other organizations granted the use of school facilities shall pay fees and costs. The14 Superintendent will develop procedures to manage community use of school facilities, which

Student and school-related organizations shall be granted the use of school facilities at no cost.

15 will be reviewed and approved by the Board. Use of school facilities requires the16 administration’s approval and is subject to the procedures.

17

18

Administration will approve and schedule various uses of school facilities. A master calendar19 will be kept in the office for scheduling dates to avoid conflicts during the school year. Should a20 conflict arise, the District reserves the right to cancel an approved request when it is determined21 that the facilities are needed for school purposes. Requests for use of school facilities must be22 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 secondary27 Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct.

28 2141

29 30

Policy History:31 Adopted on: 06/20/1332 Reviewed on:33 Revised on:34

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FACILITIES USE AGREEMENT

Joliet 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__.

Organization or Individual:

© MTSBA 2012 4330F
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By ____________________________________ By ____________________________________ Address __________ Phone _________________________________ Additional Obligations __________________________________________________________________ _____________________________________________________________________________________

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RELATIONS

Rules and Regulations for Building Use

1. Applications requesting use of the school facility must be presented to the building administrator7 at least ten (10) days in advance of the time desired and must be signed by a qualified8 representative of the organization desiring to use the building.9

10

2. The school premises shall not be available before 5:00 p.m. on school days, except under special11 conditions.

12

13

3. Rental fees are as follows: (Example) Gym $100 + custodian14 15

16 Religious groups or organizations will be charged rental fees as listed above.

Fees (will) (may) be waived for private nonprofit groups that do not charge admission fees.

17

18

4. The use of the school premises will be denied when, in the opinion of the Superintendent or the19 Board, such use may be construed to be solely for commercial purposes, there is a probability of20 damage or injury to school property, or the activity is deemed to be improper to hold in school21 buildings.22 23

5. In case of loss or damage to school property, the organization and/or individual signing the24 request shall be fully responsible and liable.25 26

6. The District reserves the right to require a certificate of insurance from the renting agency.27 28

7. No furniture or apparatus shall be moved or displaced without permission.29 30

8. No access to other rooms in the building shall be permitted unless designated by agreement.31 32

9. There shall be no narcotics, drugs (including tobacco or nicotine products), stimulants, or alcohol33 used or sold in or about school buildings and premises, nor shall profane language, quarreling,34 fighting, or illegal gambling be permitted. Violations of this rule by any organization during35 occupancy shall be sufficient cause for denying further use of school premises to the36 organization.37 38

10. Wax, or other preparations ordinarily used on dance floors, is not to be used on gymnasium39 floors.40

41

11. The Superintendent may require a school employee to be present during use of the building by the42 non-school organization. In such case, the requesting organization will43 pay for the employee expense (i.e., custodians, overtime).44 45

12. When the school official finds it necessary that police or other security personnel be retained for46 crowd control, such requirement may be added as a condition of the Facilities Use Agreement.47

Procedure History:48

Promulgated on: 06/20/1349

Reviewed on:50

Revised on:51

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Use of School Property for Posting Notices

7 posters in the area reserved for community posters or to have flyers distributed to students.8

Non-school-related organizations may request permission of the building principal to display

9

Posters and/or flyers must be student oriented and have the sponsoring organization’s name10 prominently displayed. The District will not permit the posting or distribution of any material11 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; or22 23

F. Promote the use of drugs, alcohol, tobacco, or certain products that create community24 concerns.25 26

No commercial publication shall be posted or distributed unless the purpose is to further a school27 activity, such as graduation, class pictures, or class rings.28 29

If permission is granted to distribute materials, the organization must arrange to have copies30 delivered to the school. Distribution of the materials will be arranged by administration.31 32 33 34

Policy History:35

Adopted on: 06/20/1336

Reviewed on:37

Revised on:38

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ConductonSchoolProperty

InadditiontoprohibitionsstatedinotherDistrictpolicies,nopersononschoolpropertyshall:7

8

1. Injureorthreatentoinjureanotherperson;9 10

2. Damageanother’spropertyorthatoftheDistrict;11 12

3. ViolateanyprovisionofthecriminallawofthestateofMontanaortownorcountyordinance;13 14

4. Smokeorotherwiseusetobaccoornicotineproducts,andalternativenicotineandvapor15 productsasdefinedin16-11-302,MCA,orothersimilarproducts;16

17

5. Consume,possess,ordistributealcoholicbeverages,illegaldrugs,orpossessweapons18 (asdefinedinPolicy3310/3311)atanytime;19 20

6. Impede,delay,orotherwiseinterferewiththeorderlyconductoftheDistrict’seducational21 programoranyotheractivityoccurringonschoolproperty;22 23

7. Enteruponanyportionofschoolpremisesatanytimeforpurposesotherthanthosewhichare24 lawfulandauthorizedbytheBoard;or25 26

8. WillfullyviolateotherDistrictrulesandregulations.27 28

“Schoolproperty”meanswithinschoolbuildings,invehiclesusedforschoolpurposes,oronownedor29 leasedschoolgrounds. Districtadministratorswilltakeappropriateaction,ascircumstanceswarrant.30 31

CrossReference: 3310 StudentDiscipline32 3311 FirearmsandWeapons33 34

LegalReference: Pro-ChildrenActof1994,20U.S.C.§608135

SmokeFreeSchoolActof199436 16-11-302,MCA Definitions37

§20-1-220,MCA Useoftobaccoproductinpublicschoolbuildingoron38 publicschoolpropertyprohibited39

§20-5-410,MCA Civilpenalty40

§45-8-351,MCA RestrictiononLocalGovernmentRegulationof41 Firearms

42

ArticleX,section8 MontanaConstitution43

PolicyHistory:44

45

Adoptedon: 06/20/13

Reviewedon:46

47

Revisedon: 01/11/16,11/11/2019

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Public Access to District Records

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Within limits of an individual’s right of privacy, the public will be afforded full access to7 information concerning administration and operations of the District. Public access to District8 records shall be afforded according to appropriate administrative procedures.9 10

“District records” include any writing, printing, photostating, photographing, etc. (including11 electronic mail), which has been made or received by the District in connection with the12 transaction of official business and presented for informative value or as evidence of a13 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 the15 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 authority18 for ensuring compliance with the display, indexing, availability, inspection, and copying19 requirements of state law and this policy. As coordinator, the Superintendent will authorize the20 inspection and copying of District records only in accordance with the criteria set forth in this21 policy.22 23

In accordance with Title 2, Chapter 6, MCA, the District will make available for public24 inspection and copying all District records or portions of records, except those containing the25 following information:26

27

1. Personal information in any file maintained for students. Information in student records28 will be disclosed only in accordance with requirements of the Family Educational Rights29 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 violate32 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 the37 acquisition of property, until the project is abandoned or until such time as all of the38 property has been acquired, but in no event will disclosure be denied for more than three39 (3) years after appraisal.40 41

5. Preliminary drafts, notes, recommendations, and intra-District memoranda in which42 opinions are expressed or policies formulated or recommended, except a specific record43 shall not be exempt when publicly cited by the District in connection with any District44 action.45 46 47

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6. Records relevant to a controversy to which the District is a party, but which would not be4 available to another party under the rules of pretrial discovery, for cases pending5 resolution.

7

7. Records or portions of records, the disclosure of which would violate personal rights of8 privacy.9

10

8. Records or portions of records, the disclosure of which would violate governmental11 interests.

12

13

If the District denies any request, in whole or in part, for inspection and copying of records, the14 District will provide the requesting party with reasons for denial.

15

16

If the record requested for inspection and/or copying contains both information exempted from17 disclosure and non-exempt information, the District shall, to the extent practicable, produce the18 record with the exempt portion deleted and shall provide written explanation for the deletion.

19

20

The District will not provide access to lists of individuals, which the requesting party intends to21 use for commercial purposes or which the District reasonably believes will be used for22 commercial purposes if such access is provided. However, the District may provide mailing lists23 of graduating students to representatives of the U.S. armed forces and the National Guard for24 purpose of recruitment.25

26

The coordinator is authorized to seek an injunction to prevent disclosure of records otherwise27 suitable for disclosure, when it is determined reasonable cause exists to believe disclosure would28 not be in the public interest and would substantially or irreparably damage any person or would29 substantially or irreparably damage vital governmental functions.

30 31 32 33

Legal Reference: Title 20, Ch. 6, MCA School districts34 § 2-6-109, MCA Prohibition on distribution or sale of mailing lists –35 exceptions – penalty

36

37

Policy History:38

Adopted on: 06/20/1339

Reviewed on:40

Revised on:41

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Reviewed on:

Revised on:

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Website Accessibility and Nondiscrimination

The District is committed to ensuring that people with disabilities have an opportunity equal to that of10 their nondisabled peers to participate in the District’s programs, benefits, and services, including those11 delivered through electronic and information technology, except where doing so would impose an undue12 burden or create a fundamental alteration.

13

14

15

16

Benchmarks for Measuring Accessibility

17 to access information delivered through electronic and information technology, all pages on the District’s18 website will conform to the W3C Web Accessibility Initiative’s (WAI) Web Content Accessibility19 Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet20 Applications Suite (WAI ARIA) 1.0 techniques for web content, or updated equivalents of these21 guidelines, except where doing so would impose an undue burden or create a fundamental alteration.22 23

24 25

In order to assure that people with disabilities have an opportunity equal to that of their nondisabled peers

Website Accessibility

With regard to the District’s website and any official District web presence which is developed by,26 maintained by or offered through third party vendors and open sources, the District is committed to27 compliance with the provisions of the Americans with Disabilities Act (ADA), Section 504 and Title II so28 that students, parents and members of the public with disabilities are able to independently acquire the29 same information, engage in the same interactions, and enjoy the same benefits and services within the30 same timeframe as those without disabilities, which substantially equivalent ease of use; and that they are31 not excluded from participation in, denied benefits or, or otherwise subjected to discrimination in any32 District programs, services, and activities delivered online.33

34

All existing web content produced by the District, and new, updated, and existing web content provided35 by third party developers, will conform to the WCAG 1.0 Level AA and the WAI-ARIA 1 .0 techniques36 for web content or updated equivalents. This policy applies to all new, updated, and existing web pages,37 as well as all web content produced or updated by the District or provided by third party developers.38 39

40 41

Website Accessibility Concerns, Complaints, and Grievances

The following statement will appear on the District’s website homepage and all subsidary pages:42

The District is committed to ensuring accessibility of its website for students, parents, and43 members of the community with disabilities. All pages on the District's website will conform to44 the W3C WAI's Web Content Accessibility Guidelines (WCAG) 2.0, Level AA conformance, or45 updated equivalents.46

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Under District developed administrative procedures, students, parents, and members of the3 public may present a complaint regarding a violation of the Americans with Disabilities Act4 (ADA), Section 504 related to the accessibility of any official District web presence which is5 developed by, maintained by, or offered through the District or third party vendors and open6 sources.

7

8

A student, parent, or member of the public who wishes to submit a complaint or grievance regarding a9 violation of the ADA, Section 504 or Title II related to the accessibility of any official District web10 presence that is developed by, maintained by, or offered through the District, third party vendors and/or11 open sources may complain directly to a school administrator. The initial complaint or grievance should12 be made using the District’s Uniform Grievance Form, upon request at the District office, however, a13 verbal complaint or grievance may be made. When a school administrator receives the information, they14 shall immediately inform the District’s [IT Department or website compliance coordinator]. The15 Complainant need not wait for the investigation of any grievance or complaint in order to receive the16 information requested.

17 18

Whether or not a formal complaint or grievance is made, once the District has been notified of19 inaccessible content, effective communication shall be provided as soon as possible to the reporting party20 to provide access to the information.21 22

Testing and Accountability23

24

The District will ensure website accessibility training to all appropriate personnel, including employees25 who are responsible for developing, loading, maintaining, or auditing web content functionality. The26 [designated responsible personnel or third party] will be responsible for reviewing and evaluating new27 material that is published by [school staff or IT Department] and uploaded to the website for28 accessibility on a periodic basis. The [designated responsible personnel or third party] will be29 responsible for reviewing all areas of the District’s website and evaluating its accessibility on a periodic30 basis, and at least once per quarter. Any non conforming webpages will be corrected in a timely manner.31 32

This policy shall be available to the public via a link entitled “Accessibility,” which shall be located on33 the District’s homepage.34 35 36

Cross Reference: Policy 1700 Uniform Grievance Procedure37 38 39

Legal Reference: Title II of the Americans with Disabilities Act of 199040

Section 504 of the Rehabilitation Act41 42

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RelationsWithLawEnforcementandChildProtectiveAgencies

Thestaffisprimarilyresponsibleformaintainingproperorderandconductintheschools. Staff7 shallberesponsibleforholdingstudentsaccountableforinfractionsofschoolrules,whichmay8 includeminorviolationsofthelaw,occurringduringschoolhoursoratschoolactivities. When9 thereissubstantialthreat tothehealthandsafetyofstudentsorothers,suchasinthecaseof10 bombthreats,massdemonstrationswiththreatofviolence,individualthreatsofsubstantial11 bodilyharm,traffickinginprohibiteddrugs,ortheschedulingofeventswherelargecrowdsmay12 bedifficulttohandle,thelawenforcementagencyshallbecalleduponforassistance.

13 Informationregardingmajorviolationsofthelawshallbecommunicatedtotheappropriatelaw14 enforcementagency.

15

16

TheDistrictwillstrivetodevelopandmaintaincooperativeworkingrelationshipswiththelaw17 enforcementagencies. Proceduresforcooperationbetweenlawenforcement,childprotective,18 andschoolauthoritieswillbeestablished. Suchprocedureswillbemadeavailabletoaffected19 staffandwillbeperiodicallyrevised.

20

21

22

23

CountyorRegionalInterdisciplinaryChildInformationandSchoolSafetyTeam

TheDistrictwillparticipateinthe_____Countyor_____Regionalinterdisciplinarychild24 informationandschoolsafetyteamestablishedbySection52-2-211,MCA. Thisteamconsists25 ofcounty-levelrepresentativesoftheyouthcourt,thecountyattorney,thedepartmentofpublic26 healthandhumanservices,thecountysuperintendentofschools,thesheriff,thechiefofany27 policeforce,thesuperintendentsofpublicschooldistrictsintheCounty,andthedepartmentof28 corrections.

29

30

Thepurposeoftheteamis“tofacilitatetheexchangeandsharingofinformationthatoneor31 moreteammembersmaybeabletouseinservingachildinthecourseoftheirprofessionsand32 occupations,includingbutnotlimitedtoabusedorneglectedchildren,delinquentyouth,and33 youthinneedofintervention,andofinformationrelatingtoissuesofschoolsafety.”

34

35

TheSuperintendentisauthorizedtoparticipateintheformationofandrequestinformationfrom36 theinterdisciplinarychildinformationandschoolsafetyteamregardingstudentsintheSchool37 District. TheSuperintendentshallutilizethisauthorityonaregularbasistoensurethesafety38 andsecurityoftheDistrict.

39 40

CrossReference: 4313 DisruptionofSchoolOperations41 42

LegalReference: §20-1-206,MCA Disturbanceofschool–penalty43

44 SchoolSafetyTeam45 46

§52-2-211,MCA CountyInterdisciplinaryChildInformationand

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Adoptedon:11/11/20192 Reviewedon:3 Revisedon:4

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Interrogation and Investigations Conducted by School Officials

7

The administration has the authority and duty to conduct investigations and to question students8 pertaining to infractions of school rules, whether or not the alleged conduct is a violation of9 criminal law. The administration shall determine when the necessity exists that law enforcement10 officers be asked to conduct an investigation of alleged criminal behavior which jeopardizes the11 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 or14 the student code of conduct has been violated, the administrator will investigate. The15 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 offense17 and of the evidence against the student. Circumstances may arise where it would be advisable to18 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 the23 school environment and officers must interact with a student at the school, the officer(s) shall24 confer with the student when he/she is being investigated for conduct not under the jurisdiction25 of the school. The following steps shall be taken to cooperate with the authorities.26

27

a. The officer shall contact the Superintendent and present proper identification in all28 occasions upon his/her arrival on school premises.29 30

b. Parents or guardians shall be notified by the law enforcement officer or Superintendent as31 soon as possible. The law enforcement officer or Superintendent shall make every effort32 to inform parents or guardians of the intent of the law enforcement officers except when33 that notification may compromise the student’s safet y.34 35

c. The student’s parent or guardian should be present, if practicable, during any36 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 of41 the District that it will not normally be necessary for law enforcement officers to initiate, and42 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 only44 45 46

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2

3

in demonstrated emergencies, when law enforcement officers find it necessary, will they conduct4 such an investigation during school hours. These circumstances might be limited to those in5 which delay might result in danger to any person, flight of a person reasonably suspected of a6 crime from the jurisdiction or local authorities, destruction of evidence, or continued criminal7 behavior.

8

9

No school official, however, should ever place him/herself in the position of interfering with a10 law enforcement official in the performance of his or her duties as an officer of the law. If the11 law enforcement officials are not recognized and/or are lacking a warrant or court order, the12 Superintendent shall require proper identification of such officials and the reason(s) for the visit13 to the school.

14

15

In all cases, the officers shall be requested to obtain prior approval of the Superintendent or other16 designated person before beginning such an investigation on school premises. The administrator17 shall document the circumstances of such investigations as soon as practical. Alleged behavior18 related to the school environment brought to the Superintendent’s attention by law enforcement19 officers shall be dealt with under the provisions of the two previous sections.

20 21

Taking a Student into Custody22 23

School officials shall not release students to law enforcement authorities voluntarily unless the24 student has been placed under arrest or unless the parent or guardians and the student agree to the25 release. When students are removed from school for any reason by law enforcement authorities,26 every reasonable effort will be made to notify the student’s parents or guardians immediately.27 Such effort shall be documented. Whenever an attempt to remove a student from school occurs28 without an arrest warrant, court order, or without acquiescence of the parent or guardian, or the29 student, the administrator shall immediately notify a superior of the law enforcement officers30 involved to make objection to the removal of the student and shall attempt to notify the parent or31 guardian of the student. The Superintendent’s office shall be notified immediately of any32 removal of a student from school by law enforcement officers under any circumstances.

33 34

When it is necessary to take a student into custody on school premises and time permits, the law35 enforcement officer shall be requested to notify the principal and relate the circumstances36 necessitating such action. When possible, the principal shall have the student summoned to the37 principal’s office where the student may be taken into custody. In all situations of interrogations,38 arrest or service of subpoenas of a student by law enforcement officers on school premises, all39 practicable steps shall be taken to ensure a minimum of embarrassment or invasion of privacy of40 the student and disruption to the school environment.

41

42

43

44

Disturbance of School Environment

Law enforcement officers may be requested to assist in controlling disturbances of the school45 environment which the Superintendent or other school administrator has found to be46

© MTSBA 2012 4411
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unmanageable by school personnel and which disturbances have the potential of causing harm to4 students, other persons, or school property. Staff members may also notify law enforcement5 officials.

6

7

Such potential of possible disturbance includes members of the public who have exhibited8 undesirable or illegal conduct on school premises or at a school event held on school property,9 and who have been requested to leave by an administrator or staff member, but have failed or10 refused to do so.

11

12

13

14

15

16 17 18 19

Legal Reference: § 20 1 206, MCA Disturbance of school penalty

§ 20 5 201, MCA Duties and sanctions

§ 45-8-101, MCA Disorderly conduct

Policy History:20

Adopted on: 06/20/1321 Reviewed on:22 Revised on: 09/12/1623

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Cooperative Programs With Other Districts and Public Agencies

10

Whenever it appears to the economic, administrative, and/or educational advantage of the7 District to participate in cooperative programs with other units of local government, the8 Superintendent will prepare and present for Board consideration an analysis of each cooperative9 proposal.

11

When formal cooperative agreements are developed, such agreements shall comply with12 requirements of the Interlocal Cooperation Act, with assurances that all parties to the agreement13 have legal authority to engage in the activities contemplated by the agreement.

14

15

The District may enter into interlocal agreements with a unit of the Montana University System,16 public community college, and/or tribal college, which would allow students enrolled in the 11th17 and 12th grades to attend and earn credit for classes not available in the District. Tuition and fees,18 if assessed, will be provided for in the interlocal agreement.19

20

The District may enter into an interlocal agreement providing for the sharing of teachers,21 specialists, superintendents, or other professional persons licensed under Title 37, MCA. If the22 District shares a teacher or specialist with another district(s), the District’s share of such23 teacher’s or specialist’s compensation will be based on the total number of instructional hours24 expended by the teacher or the specialist in the District.

25 26

27

28

Legal Reference: §§ 7-11-101, et seq., MCA Interlocal Cooperation Act29

§§ 20-7-451 through 456, MCA Authorization to create full service30 education cooperatives31

§§ 20-7-801, et seq., MCA Public recreation32 33

Policy History:34 Adopted on: 06/20/1335

Reviewed on:36

Revised on:37

© MTSBA 2012
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Registered Sex Offenders

The State of Montana has determined that perpetrators of certain sex crimes pose a continuing7 threat to society as a whole even after completion of their criminal sentences. Recognizing that8 the safety and welfare of students is of paramount importance, the Joliet School District declares9 that, except in limited circumstances, Joliet School District should be off limits to registered sex10 offenders.

11

12

Employment13

14

15 sex offenders are ineligible for employment in any position within the Joliet School District.

Notwithstanding any other Board policy, individuals listed by the State of Montana as registered

16 However, the Superintendent shall have discretion consistent with other Board policies to

17 recommend an individual whose name has been expunged from the Sex Offender Registry.

18

19

20

21

School Off Limits

The District hereby declares that no registered sex offender whose victim was a minor may come22 on, about, or within any District-owned buildings or property except as otherwise provided in23 this policy. If an administrator becomes aware that such a sex offender is on school property, the24 administrator shall direct the sex offender to immediately leave the area. The Board authorizes25 the administrator to request the assistance of the appropriate law enforcement authorities to26 secure the removal of any registered sex offender from the area. If a registered sex offender27 disregards the terms of this policy or the directives of the school administrator, then the28 Superintendent is authorized to confer with counsel and to pursue such criminal or civil action as29 may be necessary to enforce compliance with this policy.30 31

This policy shall not be construed to impose any duty upon any administrator or any other school32 property to ascertain whether they are on the Registry. This policy shall only apply when33 administrators are actually aware that the person in question is on the Sex Offender Registry and34 that the offender’s victim was a minor.35

36

The provisions of this policy prohibiting a registered sex offender from coming on school37 property shall not apply in the event that a sex offender’s name should be expunged from the38 Registry.

39

40

Legal Reference: § 46-23-501, MCA Sexual or Violent Offender Registration Act41 www.doj.mt.gov/svor/ Sexual or Violent Offender Registry

42 Policy History:43

44

Adopted on: 06/20/13

Reviewed on:45 Revised on:46

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Joliet Public Schools

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 district9 that receives Title I funds shall notify the parents of each student attending any school10 receiving Title I funds that the parents may request, and the district will provide the11 parents on request, information regarding the professional qualifications of the student’s12 classroom teachers, including, at a minimum, the following:13

a. Whether the teacher has met the state qualifications and licensing criteria for the14 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 or17 degrees.18

d. Whether paraprofessionals provide services to the student and, if so, their19 qualifications.

20 21

2. As required by NCLB § 1111(h)(6)(B)(i): Districts must provide parents information on22 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 notice25 that the parent’s child has been assigned, or has been taught for four (4) or more26 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 a31 parent of a limited English proficient child identified for participation or participating in32 such a program, of the reasons for their child being identified, their child’s level of33 English proficiency, instructional method, how their child’s program will meet the child’s34 needs, how the program will help the child learn English, exit requirements for the35 program to meet the objectives of any limited English proficiency, and information36 regarding parental rights.37 38

2. As required by NCLB § 1112(g)(1)(B) and § 3302(b): Each district using Title I funds to39 provide a language instruction educational program, that has failed to make progress on40 the annual measurable achievement objectives described in § 3122 for any fiscal year for41 which part A is in effect, shall separately inform the parents of a child identified for42 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 an46

© MTSBA 2012
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effective means of outreach to parents of limited English proficient students to inform the4 parents regarding how they can be involved in their child’s education and be active5 participants in assisting their child to attain English proficiency, achieve at high levels in6 core academic subjects, and meet challenging state academic achievement standards and7 state academic content standards expected of all students. In addition, the outreach shall8 include holding and sending notice of opportunities for regular meetings for formulating9 and responding to parent recommendations.

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 each14 student enrolled in an elementary school or a secondary school identified for school15 improvement under § 1116(b)(1)(E)(I), for corrective action under § 1116(b)(7)(C)(I), or16 for restructuring under § 1116(b)(8)(A)(I):17

a. An explanation of what the identification means and how the school compares in18 terms of academic achievement to other district schools and the state educational19 agency;20

b. The reasons for the identification;21

c. An explanation of what the school identified for school improvement is doing to22 address the problem;23

d. An explanation of what the district or state educational agency is doing to help the24 school address the achievement problem;25

e. An explanation of how the parents can become involved in addressing the26 academic issues that caused the school to be identified for school improvement;27 and28

f. An explanation of the parents’ option to transfer their child to another public29 school under paragraphs (1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection30 (c)(10)(C)(vii) (with transportation provided by the agency when required by31 paragraph (9)) or to obtain supplemental educational services for the child in32 accordance with subsection (e).33 34

2. As required by NCLB § 1116(b)(8)(c): Whenever the school fails to make adequate35 yearly progress and/or is restructured, the district shall provide the teachers and parents36 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 parents39 of:40

a. The availability of supplemental education services;41

b. The identity of approved providers of those services within the district or whose42 services are reasonably available in neighboring districts; and43

c. A brief description of those services, qualifications, and the demonstrated44 effectiveness of each such provider.45 46

© MTSBA 2012 46001 page 2 of 52 3

Parental Involvement

1. As required by NCLB § 1118(b): Parents shall be notified of the parental involvement6 policy, in an understandable and uniform format and, to the extent practicable, in a7 language the parents can understand. Such policy shall be made available to the local8 community and updated periodically to meet the changing needs of parents and the9 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 of13 participating children shall be invited and encouraged to attend, to inform parents14 of their school’s participation and to explain the requirements of the NCLB and15 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, and19 improvement of the school parental involvement policy and the joint development20 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, the24 forms of academic assessment used to measure student progress, and the25 proficiency levels students are expected to meet; and26

If requested by parents, opportunities for regular meetings to formulate27 suggestions and to participate, as appropriate, in decisions relating to the28 education of their children, and respond to any such suggestions as soon as29 practicably possible.30 31

Education of Homeless Children and Youths32 33

1. As required by NCLB § 722(e)(3)(C): The district shall provide written notice, at the34 time any homeless child or youth seeks enrollment in the school and at least twice35 annually while the child or youth is enrolled in the school, to the parent or guardian of the36 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 for42 homeless children or youths;

That homeless children and youths shall be provided comparable services,44 including transportation services, educational services, and meals through45 school meals programs;46

© MTSBA 2012 46001 page 3 of 52 3
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1

That homeless children and youths should not be stigmatized by school4 personnel;

5

7

d. Includes contact information for the local liaison for homeless children and6 youths.

8

2. As required by NCLB § 722(g)(2)(B)(iii): In the case of an unaccompanied homeless9 youth, the district shall ensure that the homeless liaison assists in placement or enrollment10 decisions, considers the views of such unaccompanied youth, and provides notice to such11 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 of14 the educational rights of homeless children is disseminated where such children and15 youths receive services under this Act, such as schools, family shelters, and soup

16 kitchens.

17 18

19

20

Persistently Dangerous Schools

If the district is identified as a persistently dangerous school,1 the district must, in a timely21 manner:22 23

1. Notify parents of each student attending the school that the state has identified the school24 as persistently dangerous.25 26

2. Offer all students the opportunity to transfer to a safe public school within the district. If27 there is not another school in the district, the district is encouraged, but not required, to28 explore other options such as an agreement with a neighboring district to accept transfer29 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.

© MTSBA 2012 4600
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1. Develop a corrective action plan; and4 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 be8 made simultaneously.9

10

Student Privacy11

12

1. As required by NCLB § 1061(c)(2)(A): The student privacy policies developed by the13 district shall provide for reasonable notice of the adoption or continued use of such14 policies directly to the parents of students enrolled in schools served by the district. At a15 minimum, the district shall:16

a. Provide such notice at least annually at the beginning of the school year and17 within a reasonable period of time after any substantive change in such policies;18 and19

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 such22 existing policies to parents and guardians of students, e.g., “The Board has adopted and23 continues to use policies regarding student privacy, parental access to information, and24 administration of certain physical examinations to minors. Copies of those policies are25 available on request.”26 27 28

[

* This list of parental notice requirements may not be exhaustive. The only notices applying to29 districts that do not receive Title I funds are those regarding student privacy. The notices30 described in this administrative procedure are paraphrased; please see the specific NCLB section31 cited for the exact requirements.]

32 33 34 35

Policy History:36

Adopted on: 06/20/1337

Reviewed on:38 Revised on:39

© MTSBA 2012 46001 page 5 of 52 3

JOLIET SCHOOL DISTRICT

R = required 5000 SERIES PERSONNEL

TABLE OF CONTENTS

5000 Board Goal/Personnel

R 5002

R 5010

Accommodating Individuals With Disabilities

Equal Employment Opportunity and Non Discrimination

R 5012 Sexual Harassment/Sexual Intimidation in the Workplace 5015 Bullying/Harassment/Intimidation

5120

Hiring Process and Criteria 5121 Applicability of Personnel Policies 5122 Fingerprints and Criminal Background Investigations 5122F

Applicant Rights and Consent to Fingerprint

Staff Health 5140 Classified Employment and Assignment

5130

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 Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

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 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

Disciplinary Action 5256 Reduction in Force 5314

5255

Substitutes

Leaves of Absence 5321P

5321

Conditions for Use of Leave 5322

Military Leave

R 5325 Breastfeeding Workplace

R 5328

Family Medical Leave 5329

Long Term Illness and Disability Leave

© MTSBA 2011

5329P

Long Term Illness and Disability Leave Procedure

5330 Maternity and Paternity Leave

5331 Insurance Benefits for Employees

5232 Abused and Neglected Child Reporting

5333 Holidays

5334 5334P Vacations

R 5336 Compensatory Time and Overtime for Classified Employees 5337 Workers’ Compensation Benefits 5338 Absence Due to Illness or Injury 5420 Teachers’ Aides/Paraeducators

5430 Volunteers

5430F

Volunteers and Chaperones Form

5440 Student Teachers/Interns

5450 Employee Electronic Mail and On Line Services Usage

5450F 5450P

Acceptable Use of Electronic Networks

5460 Electronic Resources and Social Networking

5500 Payment of Wages Upon Termination

R 5510 HIPAA 5510F HIPAA Form

5630

Employee Use of Cellular Phones and Other Electronic Devices

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Board Goal/Personnel5

6

10

District staff are invaluable in creating an effective educational program and vibrant learning7 environment. The Board seeks always to employ highly qualified individuals for all positions in8 the District. The Board realizes opportunities for staff development should be provided9 periodically.

11

The Board expects supervision and evaluation of staff to be conducted in a positive and helpful12 manner, with the intent of improving staff performance. The Board looks to staff to promote a13 positive school climate in all educational endeavors, so students may work toward their greatest14 potential, and the community will be proud of its investment.

15

16

Nothing contained in the policies or administrative procedures included herein is intended to17 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 court20 of competent jurisdiction, all remaining provisions shall continue in full force and effect.

21

22 23 24

Policy History:25 Adopted on: 06/20/1326

Reviewed on:27

Revised on:28

© MTSBA 2012
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PERSONNEL

4

5

6

Accommodating Individuals With Disabilities

Individuals with disabilities shall be provided opportunity to participate in all school-sponsored7 services, programs, or activities on an basis equal to those without disabilities and will not be8 subject to illegal discrimination.

9

10

The District may provide auxiliary aids and services when necessary to afford individuals with11 disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or12 activity.

13

14

Each service, program, or activity operated in existing facilities shall be readily accessible to,15 and usable by, individuals with disabilities. New construction and alterations to facilities existing16 before January 26, 1992, will be accessible when viewed in their entirety.

17

18

The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in19 that capacity, is directed to:20 21

1. Oversee District compliance efforts, recommend to the Board necessary modifications,22 and maintain the District’s final Title II self-evaluation document and keep it available23 for public inspection.

24

25

2. Institute plans to make information regarding Title II protection available to any26 interested party.

27

28

An individual with a disability should notify the Superintendent or building principal if they have29 a disability which will require special assistance or services and what services are required. This30 notification should occur as far as possible before the school-sponsored function, program, or31 meeting.

32 33 34 35

Cross Reference: 1700 Uniform Complaint Procedure36 37

Legal Reference: Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131,38 et seq.; 28 C.F.R. Part 35.39

40

Policy History:41

42

Adopted on: 06/20/13

Reviewed on:43

Revised on:44

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Equal Employment Opportunity and Non-Discrimination

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The District will provide equal employment opportunities to all persons, regardless of their race,7 color, religion, creed, national origin, sex, age, ancestry, marital status, military status,8 citizenship status, use of lawful products while not at work physical or mental disability, if9 otherwise able to perform essential functions of a other legally protected categories.

11

The District will make reasonable accommodation for an individual with a disability known to12 the District, if the individual is otherwise qualified for the position, unless the accommodation13 would impose undue hardship on the District.

14

15

18

19

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 Complaint17 Procedure.

Retaliation against an employee who has filed a discrimination complaint, testified, or20 participated in any manner in a discrimination investigation or proceeding is prohibited.21 22

23

Cross Reference: 1700 Uniform Complaint Procedure24 25

Legal Reference: Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq26

27

28

Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq.

Equal Pay Act, 29 U.S.C. § 206(d)

Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq29

Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq.30

Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R.,31 Part 1601

32

Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 3433 C.F.R., Part 10634

Montana Constitution, Art. X, § 1 - Educational goals and duties35

§ 49-2-101, et seq, MCA Human Rights Act36

§ 49-3-102, MCA What local governmental units affected37 38

Policy History:39

40

Adopted on: 06/20/13

Reviewed on:41

Revised on:42

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Sexual Harassment/Sexual Intimidation in the Workplace

The District will strive to provide employees a work environment free of unwelcome sexual advances,7 requests for sexual favors, and other verbal or physical conduct or communications constituting sexual8 harassment, as defined and otherwise prohibited by state and federal law.9

10

The District prohibits its employees from making sexual advances or requesting sexual favors or engaging11 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 an14 individual’s employment;15

16

2. Submission to or rejection of such conduct by an individual is used as a basis for employment17 decisions affecting that individual; or18 19

3. Such conduct has the purpose or effect of substantially interfering with the individual’s work20 performance or creating an intimidating, hostile, or offensive work environment.

21

22

Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms23 “intimidating,” “hostile,” or “offensive” include but are not limited to conduct that has the effect of24 humiliation, embarrassment, or discomfort. The District will evaluate sexual harassment in light of all25 circumstances.

26

27

A violation of this policy may result in disciplinary action, up to and including termination of28 employment. Any person who knowingly makes false accusation regarding sexual harassment will29 likewise be subject to disciplinary action, up to and including termination of employment.

30 31

An aggrieved person who feels comfortable doing so should directly inform the person engaging in32 sexually harassing conduct or communication that such conduct or communication is offensive and must33 stop.34

35

Employees who believe they may have been sexually harassed or intimidated should contact the Title IX36 Coordinator or an administrator, who will assist them in filing a complaint. An individual with a37 complaint alleging a violation of this policy shall follow the Uniform Complaint Procedure.38 39

Cross Reference: 1700 Uniform Complaint Procedure40

41

42 § 1604.11

Legal Reference: Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), 29 C.F.R.

43

44 Montana Constitution, Art. X, § 1 - Educational goals and duties

Title IX of the Education Amendments, 20 U.S.C. §§ 1681,

45 § 49-2-101, MCA Human Rights Act46

47

Policy History:48

Adopted on: 06/20/1349

Reviewed on:50 Revised on:51

Harris v. Fork Lift Systems, 114 S.Ct. 367 (1993)

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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 and8 shall not be tolerated. This includes bullying, harassment, or intimidation via electronic9 communication devices (“cyberbullying”).

12

13

Definitions

1. “Third parties” include but are not limited to coaches, school volunteers, parents, school14 visitors, service contractors, or others engaged in District business, such as employees of15 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 athletic17 competitions or other school events.

18 19

2. “District” includes District facilities, District premises, and non-District property if the20 employee is at any District-sponsored, District-approved, or District-related activity or21 function, such as field trips or athletic events, where the employee is engaged in District22 business.

23

24

3. “Harassment, intimidation, or bullying” means any act that substantially interferes with25 an employee’s opportunities or work performance, that takes place on or immediately26 adjacent to school grounds, at any school-sponsored activity, on school-provided27 transportation, or anywhere such conduct may reasonably be considered to be a threat or28 an attempted intimidation of a staff member or an interference with school purposes or an29 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 the33 employee or damage to the employee’s property; or34

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

Reporting40 41

All complaints about behavior that may violate this policy shall be promptly investigated. Any42 employee or third party who has knowledge of conduct in violation of this policy or feels he/she43 has been a victim of harassment, intimidation, or bullying in violation of this policy is44 encouraged to immediately report his/her concerns to the building principal or the District45 Administrator, who have overall responsibility for such investigations. Complaints against the46

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building principal shall be filed with the Superintendent. Complaints against the Superintendent4 or District Administrator shall be filed with the Board.

5

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The complainant shall be notified of the findings of the investigation and, as appropriate, that7 remedial action has been taken.

8 9

10

11

Responsibilities

The District Administrator shall be responsible for ensuring that notice of this policy is provided12 to staff and third parties and for the development of administrative regulations, including13 reporting and investigative procedures, as needed.

14

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16

17

Consequences

Staff whose behavior is found to be in violation of this policy will be subject to discipline up to18 and including termination of employment. Third parties whose behavior is found to be in19 violation of this policy shall be subject to appropriate sanctions as determined and imposed by20 the District Administrator or the Board. Individuals may also be referred to law enforcement21 officials.

22 23

Retaliation and Reprisal24 25

Retaliation is prohibited against any person who reports or is thought to have reported a26 violation, files a complaint, or otherwise participates in an investigation or inquiry. Such27 retaliation shall be considered a serious violation of Board policy, whether or not a complaint is28 substantiated. False charges shall also be regarded as a serious offense and will result in29 disciplinary action or other appropriate sanctions.30 31 32 33

Legal Reference: Admin. R. Mont. 10.55.701(3)(g) Board of Trustees34 Admin. R. Mont. 10.55.801(1)(d) School Climate35 36

Policy History:37

Adopted on: 06/20/1338 Reviewed on:39 Revised on:40

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HiringProcessandCriteria

TheBoardandSuperintendent/administratorwilldeterminethescreeningandhiringprocessuponthe6 existenceofeachvacancy. TheDistrictwillhirepersonnelappropriatelylicensedandendorsedin7 accordancewithstatestatutesandBoardofPublicEducationrules,consistentwithbudgetandstaffing8 requirementsandwillcomplywithBoardpolicyandstatelawonequalemploymentopportunitiesand9 veterans’preference. AllapplicantsmustcompleteaDistrictapplicationformtobeconsideredfor10 employment.

11

12

EveryapplicantmustprovidetheDistrictwithwrittenauthorizationforafingerprint/criminalbackground13 investigation. TheSuperintendentwillkeepanyconvictionrecordconfidentialasrequiredbylawand14 Districtpolicy. Thedistrictwillcreateadeterminationsheetfromthecriminalhistoryrecord. The15 determinationsheetwillbekeptonfileattheDistrictOffice. TheCriminalHistoryRecordwithno16 disqualifierswillbeshreddedonsiteimmediatelyafterreview. TheCriminalHistoryRecordwith17 disqualifierswillberetainedonfileattheDistrictOfficeaccordingtolaw. Everynewlyhiredemployee18 mustcompleteanImmigrationandNaturalizationServiceform,asrequiredbyfederallaw.19

20

21

Certification

TheDistrictrequirescontractedcertifiedstafftoholdvalidMontanateacherorspecialistcertificates22 endorsedfortherolesandresponsibilitiesforwhichtheyareemployed. Failuretomeetthisrequirement23 shallbejustcauseforterminationofemployment.Nosalarywarrantsmaybeissuedtoastaffmember,24 unlessavalidcertificatefortheroletowhichtheteacherhasbeenassignedhasbeenregisteredwiththe25 countysuperintendentwithinsixty(60)calendardaysafteratermofservicebegins.Everyteacherand26 administratorundercontractmustbringtheircurrent,validcertificatetothepersonnelofficeatthetime27 ofinitialemployment,aswellasatthetimeofeachrenewalofcertification.28

29

Thecustodianofrecordswillregisterallcertificates,notingclassandendorsementofcertificates,and30 willupdatepermanentrecordsasnecessary. Thecustodianofrecordsalsowillretainacopyofeachvalid31 certificateofacontractedcertifiedemployeeinthatemployee’spersonnelfile.32

33

34

ReferenceChecks

TheBoardauthorizestheSuperintendentortheSuperintendent’sdesigneetoinquireofpastemployers35 aboutanapplicant’semploymentontopicsincludingbutnotlimitedto:title,role,reasonforleaving,36 workethic,punctuality,demeanor,collegiality,puttingtheinterestsofstudentsfirst,andsuitabilityfor37 thepositionintheDistrict.Responsestotheseinquiriesshouldbedocumentedandconsideredaspartof38 thescreeningandhiringprocess.

39

40

CrossReference: 5122 FingerprintsandCriminalBackgroundInvestigations41

42

LegalReference: §20-4-202,MCA Teacherandspecialistcertificationregistration43 §39-29-102,MCA Pointpreferenceoralternativepreferenceininitialhiring44 forcertainapplicants–substantiallyequivalentselection45 procedure

46

PolicyHistory:47

48

Adoptedon: 06/20/13

Reviewedon:49 Revisedon:11/11/201950

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Applicability of Personnel Policies

Except where expressly provided to the contrary, personnel policies apply uniformly to the

10

employed staff of the District. However, where there is a conflict between terms of a collective8 bargaining agreement and District policy, the law provides that the terms of the collective9 bargaining agreement shall prevail for staff covered by that agreement.

11

Board policies will govern when a matter is not specifically provided for in an applicable12 collective bargaining agreement.

13

14

15

16

17

18

Legal Reference: § 39-31-102, MCA Chapter not limit on legislative authority

Policy History:19

20

Adopted on: 06/20/13

Reviewed on:21

Revised on:22

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Fingerprints and Criminal Background Investigations

It is the policy of the Board that any finalist recommended for hire to a paid or volunteer position with the7 District involving regular unsupervised access to students in schools, as determined by the8 Superintendent, shall submit to a name-based and fingerprint criminal background investigation9 conducted by the appropriate law enforcement agency prior to consideration of the recommendation for10 employment or appointment by the Board.

11

12

Any requirement of an applicant to submit to a fingerprint background check shall be in compliance with13 the Volunteers for Children Act of 1998 and applicable federal regulations. If an applicant has any prior14 record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other15 than a minor traffic violation, the facts must be reviewed by the Superintendent, who shall decide whether16 the applicant shall be declared eligible for appointment or employment in a manner consistent with the17 expectations and standards set by the board. Arrests resolved without conviction shall not be considered18 in the hiring process unless the charges are pending.19 20

The following applicants for employment, as a condition for employment, will be required, as a condition21 of any offer of employment, to authorize, in writing, a name-based and fingerprint criminal background22 investigation:23

24

A certified teacher seeking full- or part-time employment with the District;25

An educational support personnel employee seeking full- or part-time employment with the26 District;27

An employee of a person or firm holding a contract with the District, if the employee is assigned28 to the District;29

A volunteer assigned to work in the District, who has regular unsupervised access to students; and30

Substitute teachers.31 32 33

Legal Reference: § 44-5-301, MCA Dissemination of public criminal justice information34

§ 44-5-302, MCA Dissemination of criminal history record information35 that is not public criminal justice information36

§ 44-5-303, MCA Dissemination of confidential criminal justice37 information – procedure for dissemination through court38

Admin. R. Mont. 10.55.716 Substitute Teachers39

Public Law 105-251, Volunteers for Children Act40 41

Policy History:42

43

Adopted on: 06/20/13

Reviewed on:44

Revised on:45

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Applicant Rights and Consent to Fingerprint

As an applicant who is the subject of a national fingerprint based criminal history record check for a noncriminal justice purpose (such as an application for employment or a license, an immigration or naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.

• You must be provided written notification8 by Joliet Public Schools that your fingerprints will be used to check the criminal history records of the FBI.

• You must be provided, and acknowledge receipt of, an adequate Privacy Act Statement when you submit your fingerprints and associated personal information. This Privacy Act Statement should explain the authority for collecting your information and how your information will be used, retained, and shared.

• If you have a criminal history record, the officials making a determination of your suitability for employment, license, or other benefit must provide you the opportunity to complete or challenge the accuracy of the information in the record.

• The officials must advise you that the procedures for obtaining a change, correction, or updating of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34.

• If you have a criminal history record, you should be afforded a reasonable amount of time to correct or complete the record (or decline to do so) before the officials deny you the employment, license, or other benefit based on information in the criminal history record.9

You have the right to expect that officials receiving the results of the criminal history record check will use it only for authorized purposes and will not retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Compact Council.10

If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible challenge. If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at http://www.fbi.gov/about us/cjis/background checks.

If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI. Alternatively, you may send your challenge directly to the FBI at the same address as provided above. The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency.

If a change, correction, or update needs to be made to a Montana criminal history record, or if you need additional information or assistance, please contact Montana Criminal Records and Identification Services at dojitsdpublicrecords@mt.gov or 406 444 3625

Your signature below acknowledges this agency has informed you of your privacy rights for fingerprint based background check requests used by the agency.

Name Date

8 Written notification includes electronic notification, but excludes oral notification.

9 See 28 CFR 50.12(b).

10 See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c), 20.33(d) and 906.2(d).

1
5122F
Signed: _____________________ __________

NCPA/VCA Applicants

To

You have applied for employment with, will be working in a volunteer position with, or will be providing vendor or contractor services to (write in Agency or Entity name)____________________________________________________ for the position of (please be specific)______________________________________________________________________.

The National Child Protection Act of 1993 (NCPA), Public Law (Pub. L.) 103 209, as amended by the Volunteers for Children Act(VCA), Pub. L. 105 251 (Sections 221 and 222 of Crime Identification Technology Act of 1998), codified at 42 United States Code (U.S.C.) Sections 5119a and 5119c, authorizes a state and national criminal history background check to determine the fitness of an employee, or volunteer, or a person with unsupervised access to children, the elderly, or individuals with disabilities.

1. Provide your name, address, and date of birth, as appears on a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasi governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. 18 U.S.C §1028(D)(2).

2. Provide a certification that you (a) have not been convicted of a crime, (b) are not under indictment for a crime, or (c) have been convicted of a crime. If you are under indictment or have been convicted of a crime, you must describe the crime and the particulars of the conviction, if any.

3. Prior to the completion of the background check, the entity may choose to deny you unsupervised access to a person to whom the entity provides care.

The entity shall access and review State and Federal criminal history records and shall make reasonable efforts to make a determination whether you have been convicted of, or are under pending indictment for, a crime that bears upon your fitness and shall convey that determination to the qualified entity. The entity shall make reasonable efforts to respond to the inquiry within 15 business days.

Your Name: ________________________________________________

First Middle Maiden Last

Date of Birth: _

Address: ________________________________________________________________________________ City State Zip

I have been convicted of, or am under pending indictment for, the following crimes [include the dates, location/jurisdiction, circumstances and outcome]:

I have not been convicted of, nor am I under pending indictment for, any crimes

I authorize Montana Department of Justice, Criminal Records and Identification Services Section to disseminate criminal history record information to Joliet Public Schools.

Signature of Applicant Date

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Staff Health

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Medical Examinations

page 1 of 2

Through its overall safety program and various policies pertaining to school personnel, the Board9 will promote the safety of employees during working hours and assist them in the maintenance10 of good health. The Board will encourage all its employees to maintain optimum health through11 the practice of good health habits.

12

13

The Board may require physical examinations of its employees, under circumstances defined14 below. The District will maintain results of physical examinations in medical files separate from15 the employee’s personnel file and will release them only as permitted by law.

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19

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 Board21 action. Subsequent to a conditional offer of employment in a position for which the District may22 require participation in a pre-placement physical but before commencement of work, the District23 may require an applicant to have a medical examination and to meet any other health24 requirements which may be imposed by the state. The District may condition an offer of25 employment on the results of such examination, if all employees who received a conditional26 offer of employment in the applicable job category are subject to such examination. The report27 shall certify the employee’s ability to perform the job-related functions of the position for which28 the employee is being considered. Such examination shall be used only to determine whether the29 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 state32 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 with37 compromised or suppressed immunity attends the school, the staff member must notify the38 school nurse or other responsible person designated by the Board of the communicable disease39 which could be life threatening to an immune-compromised person. The contracted nurse or40 other responsible person designated by the Board must determine, after consultation with and on41 the advice of public health officials, if the immune-compromised person needs appropriate42 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 in45 which the employee is infectious. An employee afflicted with a communicable disease capable of46

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being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) shall4 be encouraged to report the existence of the illness so that precautions may be taken to protect5 the health of others. The District reserves the right to require a statement from an employee’s6 primary care provider, before the employee may return to work.

7

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Confidentiality9

10

In all instances, District personnel will respect an individual’s right to privacy and treat any11 medical diagnosis as confidential information. Any information obtained regarding the medical12 condition or history of any employee will be collected and maintained on separate forms and in13 separate medical files and will be treated as confidential information. Only those individuals with14 a legitimate need to know (i.e., those persons with a direct responsibility for the care of or for15 determining workplace accommodation for the staff person) will be provided necessary medical16 information.

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Supervisors and managers may be informed of necessary restrictions on the work or duties of an19 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

Section 504 of the Rehabilitation Act25

Legal Reference: 29 U.S.C. § 794, et seq.

42 U.S.C. § 12101, et seq.

Americans with Disabilities Act26

Examination of employees27

29 CFR, Part 1630.14(c)

Title 49, Chapter 2, MCA Illegal Discrimination28

Title 49, Chapter 4, MCA Rights of Persons With Disabilities29 § 20-10-103(4), MCA School bus driver qualifications30

Employee of School: Day Care31

Admin. R. Mont. 37.114.1010

Facility Care Provider32

Health Supervision and Maintenance33 34

Policy History:35

Admin. R. Mont. 37.111.825

Adopted on: 06/20/1336

Reviewed on:37

Revised on:38

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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. Such employee shall have8 no expectation of continued employment beyond the current contract term.9

10

The District reserves the right to change employment conditions affecting an employee’s duties,11 assignment, supervisor, or grade.

12

13

14 15 16

The Board will determine salary and wages for classified personnel.

Legal Reference: § 39-2-904, MCA Elements of wrongful discharge – presumptive20 probationary period21

§ 39-2-912, MCA Exceptions to Wrongful Discharge from22 Employment Act23

Hunter v. City of Great Falls (2002), 2002 MT 33124

Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999)25

Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981)26

27

Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989)

28 116, 172 P.2d 1252.

Stowers v. Community Medical Center, Inc., 2007 MT 309, 340 Mont.

29

30

Policy History:31

32

Adopted on: 06/20/13

Reviewed on:33 Revised on:34

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Assignments, Reassignments, Transfers

The Superintendent may assign, reassign, and/or transfer positions and duties of all staff.

11

7 Teachers will be assigned at the levels and in the subjects for which their certificates are8 endorsed. The Superintendent will provide for a system of assignment, reassignment, and9 transfer of classified staff, including voluntary transfers and promotions. Nothing in this policy10 prevents reassignment of a staff member during a school year.

12

13

14

Classified Staff

The District retains the right of assignment, reassignment, and transfer. Written notice of

15 reassignment or involuntary transfer will be given to the employee. The staff member will be

16 given opportunity to discuss the proposed transfer or reassignment with the Superintendent.

17

18

Teaching19

20

Notice of their teaching assignments relative to grade level, building, and subject area will be21 given to teachers before the beginning of the school year. All District employees assigned22 extracurricular activities as a contract obligation must honor this obligation as a condition of23 employment unless released from this responsibility by the Board.

24

25

Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be26 found in negotiated agreements or employee handbooks.

27 28

29 30

Bonner School District No. 14 v. Bonner Education Association, MEA-31 MFT, NEA, AFT, AFL-CIO, (2008) 2008 MT 9

Legal Reference:

32 § 20-4-402, MCA Duties of District Superintendent or County High33 School Principal

34

35

Policy History:36 Adopted on: 06/20/13

37

Reviewed on:38

Revised on:39

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Vacancies

When the District determines that a vacancy exists, that vacancy may be posted in every school

building or, during the summer, outside the office.8

9

Vacancies may be advertised in-District only or they may be advertised in-District and through10 job service, Career Services at a college or university, local public advertising, and, where11 appropriate and if time permits, through a broader regional and/or national basis. A vacancy12 need not be advertised, as determined by the Superintendent.

13

14

15

16

Policy History:17

Adopted on: 06/20/1318

Reviewed on:19

Revised on:20

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7

8

Length of Work Day - Certified Staff

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 as10 stipulated in the agreement.

11

12

13

14

Length of Work Day - Classified Staff

The length of a work day for classified staff is governed by the number of hours for which the employee15 is assigned. A “full-time” employee shall be considered to be an eight-(8)-hour-per- day/forty-(40)-hour-

16 per-week employee. The work day is exclusive of lunch but inclusive of breaks unless otherwise and17 specifically provided for by an individual contract. Supervisors will establish schedules. Normal district18 clerk office hours in the District will be 8:00 a.m. to 4:30 p.m. Secretary office hours are from 7:45 a.m.19 – 4:30 p.m.20

21

Breaks22 23

The District may make available daily morning and afternoon rest periods of fifteen (15) minutes to all24 full-time, classified employees. Hourly personnel may take one (1) fifteen-(15)-minute rest period for25 each four (4) hours worked in a day. Breaks normally are to be taken approximately mid-morning and26 mid-afternoon and should be scheduled in accordance with the flow of work and with approval of the27 employee’s supervisor.28

29

Legal Reference: 29 U.S.C. §§ 201 to 219 Fair Labor Standards Act of 198530

29 C.F.R. Part 516, et seq Records to be kept by employers31

§ 39-3-405, MCA Overtime compensation32

§ 39-4-107, MCA State and municipal governments, school33 districts, mines, mills, and smelters34

Admin. R. Mont.10.65.103(2) Program of Approved Pupil Instruction-Related35 Days36

Admin. R. Mont. 24.16.101, Wages and Hours37

Admin. R. Mont. 24.16.1006 Rest and Meal Periods38 39

Policy History:40

Adopted on: 06/20/1341

Reviewed on:42 Revised on:43

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Evaluation of Non-Administrative Staff

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Each non-administrative staff member’s job performance will be evaluated by the staff member’s7 direct supervisor. The evaluation process includes scheduled annual evaluations using forms8 applicable to the job classification and description, and day-to-day appraisals. Certified staff9 members may be evaluated according to the terms stated in the current collective bargaining10 agreement.

11

12

The supervisor will provide a copy of the completed evaluation to the staff member and will13 provide opportunity to discuss the evaluation. The original should be signed by the staff member14 and filed with the Superintendent. If the staff member refuses to sign the evaluation, the15 supervisor should note the refusal and submit the evaluation to the Superintendent.

16

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Policy History:20 Adopted on: 06/20/1321 Reviewed on:22 Revised on:23

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Personal Conduct

8 of their employment. Where applicable, employees will abide by and honor the professional9 educator code of conduct.

School District employees will abide by all district policies, state and federal laws in the course

11

All employees are expected to maintain high standards of honesty, integrity, professionalism,12 decorum, and impartiality in the conduct of District business. All employees shall maintain

13 appropriate employee student relationship boundaries in all respects, including but not limited to14 personal, speech, print, and digital communications. Failure to honor the appropriate employee15 student relationship boundary will result in a report to the Department of Public Health and

16 Human Services and the appropriate law enforcement agency.

17

18

In accordance with state law, an employee shall not dispense or utilize any information gained19 from employment with the District, accept gifts or benefits, or participate in business enterprises20 or employment that creates a conflict of interest with the faithful and impartial discharge of the21 employee’s District duties. A District employee, before acting in a manner which might impinge22 on any fiduciary duty, may disclose the nature of the private interest which would create a23 conflict. Care should be taken to avoid using or avoid the appearance of using official positions24 and confidential information for personal advantage or gain Curriculum or materials created25 within the course of the employee’s duties for the District using District resources are considered26 to be the property of the District.27

28

Further, employees are expected to hold confidential all information deemed not to be for public29 consumption as determined by state law and Board policy. Employees also will respect the30 confidentiality of people served in the course of an employee’s duties and use information gained31 in a responsible manner. The Board may discipline, up to and including discharge, any32 employee who discloses confidential and/or private information learned during the course of the33 employee’s duties or learned as a result of the employee’s participation in a closed (executive)34 session of the Board. Discretion should be used even within the school system’s own network of35 communication and confidential information should only be communicated on a need to know36 basis. Employees shall not record or cause to be recorded a conversation by use of a hidden37 electronic or mechanical device which may include any combination of audio or video that38 reproduces a human conversation without the knowledge of all parties to the conversation

39

40

41 conduct on the job within a particular building.

Administrators and supervisors may set forth specific rules and regulations governing staff

42

43

44

45

Firearms and Weapons

Employees of the District shall not injure or threaten to injure another person; damage another’s46

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property or that of the District; or possess any firearm or other non firearm weapon on school4 property at any time.

5

6

7 designed to or may readily be converted to expel a projectile by the action of an explosive; (B)8 the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any9 destructive device pursuant to10

11

For the purposes of this policy, the term “firearm” means (A) any weapon which will or is

18 U.S.C. 921 (4). Such term does not include an antique firearm pursuant to 18 U.S.C. 921

12 (16) For purposes of this policy, “non firearm weapon” means any object, device, or instrument13 designed as a weapon or through its use is capable of intimidating threatening or producing14 bodily harm or which may15

16

17 facsimile weapons; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars;18 explosives; fireworks; mace or other propellants; stun guns; ammunition; poisons; chains;19 arrows; and objects that have been modified to serve as a weapon.

be used to inflict injury, including but not limited to air guns; pellet guns; BB guns; fake or

20

21

District administrators are authorized to appropriate action, as circumstances warrant, to enforce22 this section of the policy including but not limited to requesting the assistance of law23 enforcement in accordance with Montana law.

24

25

For the purposes of this policy, “school property” means within school buildings, in vehicles26 used for school purposes, or on owned or leased school land or grounds. “Building” specifically27 means a combination of any materials, whether mobile, portable, or fixed, to form a structure and28 the related facilities for the use or occupancy by persons or property owned or leased by a local29 school district that are used for instruction or for student activities as specified in Section 50 6030 101(2), MCA and Section 45 8 361, MCA. The term is construed as though followed by the31 words "or part or parts of a building" and is considered to include all stadiums, bleachers, and32 other similar outdoor facilities, whether temporary or permanently fixed.33

34

This section does not apply to a law enforcement officer acting in the officer’s official capacity35 or an individual previously authorized by the Board of Trustees to possess a firearm or weapon36 in a school building37

38

The Board of Trustees shall annually review this policy and update this policy as determined39 necessary by the trustees based on changing circumstances pertaining to school safety.

40

41

Cross Reference: Professional Educators of Montana Code of Ethics42 5121 Applicability of Personnel Policies43

3311 Firearms and Weapons44 5232 Abused and Neglected Children45 4332 Conduct on School Property46

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Legal Reference:

5

§ 20 1 201, MCA School officers not to act as agents

Title 2, Chapter 2, Part 1 Standards of Conduct

§ 39 2 102, MCA What belongs to employer6

8

§ 45 8 361, MCA Possession or allowing possession of7 a weapon in a school building

9

10

11

12

13

14

15

Policy History:

§ 45 5 501, MCA Definitions

§ 45 5 502, MCA Sexual Assault

ARM 10.55.701(2)(d) Board of Trustees

§ 45 8 213, MCA Privacy in communications

Adopted on: 06/20/13

Reviewed on:16

17

Revised on: 11/11/2019, 7/11/22

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Joliet Public Schools

PERSONNEL

Political Activity

The Board recognizes its employees’ rights of citizenship, including but not limited to engaging7 in political activities. A District employee may seek an elective office, provided the employee8 does not campaign on school property during working hours, and provided all other legal9 requirements are met. The District assumes no obligation beyond making such opportunities10 available. An employee elected to office is entitled to take a leave of absence without pay, in11 accordance with the provisions of § 39-2-104, MCA.

12

13

16

17

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 person15 to public office, or the passage of a ballot issue.

No District employee may solicit support for or in opposition to any political committee, the18 nomination or election of any person to public office, or the passage of a ballot issue, while on19 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 their22 personal political views.

23

24

25 26

Legal Reference: 5 U.S.C. § 7321 Hatch Act27

28 public office

§ 39-2-104, MCA Mandatory leave of absence for employees holding

29

30

31

§ 13-35-226, MCA Unlawful acts of employers and employees

Policy History:32 Adopted on: 06/20/1333 Reviewed on:34 Revised on:35

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Joliet Public Schools

Drug-Free Workplace

All District workplaces are drug- and alcohol-free. All employees are prohibited from:

Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the9 influence of a controlled substance while on District premises or while performing work10 for the District, including employees possessing a “medical marijuana” card.

Distributing, consuming, using, possessing, or being under the influence of alcohol while12 on District premises or while performing work for the District.

13

14

15

16

For purposes of this policy, a controlled substance is one that is:

Not legally obtainable;

Being used in a manner other than as prescribed;18

Legally obtainable but has not been legally obtained; or19

Referenced in federal or state controlled-substance acts.20 21

As a condition of employment, each employee will:22 23

Abide by the terms of the District policy respecting a drug- and alcohol-free workplace;24 and25

Notify his or her supervisor of his or her conviction under any criminal drug statute, for a26 violation occurring on District premises or while performing work for the District, no27 later than five (5) days after such conviction.

28

29

In order to make employees aware of dangers of drug and alcohol abuse, the District will30 endeavor to:31

32

Provide each employee with a copy of the District drug- and alcohol-free workplace33 policy;34

Post notice of the District drug- and alcohol-free workplace policy in a place where other35 information for employees is posted;36

Enlist the aid of community and state agencies with drug and alcohol informational and37 rehabilitation programs, to provide information to District employees; and38

Inform employees of available drug and alcohol counseling, rehabilitation, reentry, and39 any employee-assistance programs.

40

41

42

43

District Action Upon Violation of Policy

An employee who violates this policy may be subject to disciplinary action; up to and including44 termination of employment. Alternatively, the Board may require an employee to successfully45 complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.46

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The Board will take disciplinary action with respect to an employee convicted of a drug offense4 in the workplace, within thirty (30) days of receiving notice of a conviction.

5

6

10

Should District employees be engaged in the performance of work under a federal contract or7 grant, or under a state contract or grant, the Superintendent will notify the appropriate state or8 federal agency from which the District receives contract or grant moneys of an employee’s9 conviction, within ten (10) days after receiving notice of the conviction.

11

12

13

14 Federal grant recipients

Legal Reference: 41 U.S.C. §§ 702, 703, 706 Drug-free workplace requirements for

15

16

17

18

Policy History:19

20 Reviewed on:21 Revised on:22

Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.

Senate Bill 423, Section II Limitations of Medical Marijuana Act

Adopted on: 06/20/13

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Joliet Public Schools

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PERSONNEL

4

5

6

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

7 program for school bus and commercial vehicle drivers.

The District will adhere to federal law and regulations requiring a drug and alcohol testing

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 federal11 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 Testing16 (Omnibus Transportation Employee Testing Act of 1991)

17 49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and18 Alcohol Testing Programs), 382 (Controlled substance and alcohol use19 and testing), and 395 (Hours of service of drivers)

20 21

Policy History:22 Adopted on: 06/20/1323 Reviewed on:24 Revised on:25

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