Lame Deer School District Policy Manual by Montana School Boards Association

LAME DEER PUBLIC SCHOOLS

POLICY MANUAL

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.

TABLE OF TOPIC AREAS 1000……………………….BOARD OF 3000………………………2000……………………….INSTRUCTIONTRUSTEES ..STUDENTS 4000……………………….COMMUNITY RELATIONS 8000………………………..NON7000………………………..FINANCES6000………………………..ADMINISTRATON5000………………………..PERSONNELINSTRUCTIONAL OPERATIONS

MISSION STATEMENT

LAME DEER PUBLIC SCHOOLS

The mission of the District is to educate our children through educational strategies designed to facilitate self development. We will provide an educational program that incorporates the language, history, and culture of the Northern Cheyenne Tribe into all aspects of the school; the children of the community will be provided an educational environment that promotes their development in the areas of self-respect, respect for others, and a strong sense of self-esteem.

PHILOSOPHY STATEMENT

Parents are welcome to visit the school at any time and may be consulted and informed when a child’s needs or program requires changing.

LAME DEER PUBLIC SCHOOLS

The Board, staff, parents and community of the District believe our children are our most important resource and must be educated to compete in a global society combining the advance resources of high technology and the traditional Northern Cheyenne values of cooperation and respect. We will strive for student empowerment through all aspects of our educational program. The ultimate goal of the District is to provide every student the opportunity to achieve academic excellence.

R 1610 Annual Goals and Objectives 1621

Utilization of Montana School Boards Association

R 1521 Board Superintendent Relationship 1531 Trustee Expenses

R 1000 Legal Status and Operation

R 1105 Membership 1110 Taking Office 1111 Election 1112 Resignation 1113 Vacancies

R 1100 Organization

1532 Trustee Insurance

R 1420 School Board Meeting Procedure

R 1700 Uniform Complaint Procedure

In-Service Conference for Trustees 1630

Qualifications, Terms, and Duties of Board Officers 1230 Clerk

R 1310 District Policy 1332 Authorization of Signatures

TABLE OF CONTENTS

1120 Annual Organization Meeting 1130 Committees/Meetings

R 1420F Notice Regarding Public Comment 1425 Abstentions From Voting

1000 SERIES THE BOARD OF TRUSTEES

LAME DEER SCHOOL DISTRICT

R = required

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R 1400 Board Meetings

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

R 1441 Audience Participation 1511

R 1240 Duties of Individual Trustees

Code of Ethics for School Board Members 1512

Conflict of Interest

R 1513 Management Rights 1520 Board/Staff Communications

Lame Deer Public Schools

Policies of the Board define its organization and the manner of conducting its official business.21 The operating policies of the Board are those that it adopts from time to time to facilitate the22 performance of its responsibilities.

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Legal Status and Operation

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To achieve its primary goal of providing each child with a basic system of free quality education as16 required by Montana Law, the Board shall exercise the full authority granted to it by the laws of the17 state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution and18 state statutes and administrative rules.

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All handbooks approved by the Board are regarded as and given the same significance as District25 policy.

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THE BOARD OF TRUSTEES

2019

The Board of Trustees of Lame Deer School District No. 6 is the governmental entity established12 by the state of Montana and constitutionally charged of the supervision and control of all aspects of13 the District’s operations.

The Board of Trustees of Lame Deer School District No. 6 is the governmental entity established7 by 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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Legal Reference: § 20 3 323, MCA District policy and record of acts30 § 20 3 324, MCA Powers and duties3231

Policy History:33 Adopted on: 12/14/9834 Reviewed on: 11/09/201035 Revised on: 1/10/202236

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Reviewed on: 11/09/201028 Revised on:29

§ 20 6 301, MCA High school district classification

Lame Deer Public Schools

Organization

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.

Legal References: § 20 3 324, MCA Powers and duties21

The legal name of this District is School District No. 6, Lame Deer Public School, Rosebud7 County, State of Montana. The District is classified as a second class district, and is operated8 according to the laws and regulations pertaining to a second class district.109

School District No. 6 maintains the Lame Deer Public Schools.

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Policy History:26

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THE BOARD OF TRUSTEES

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§ 20 6 101, MCA Definition of elementary and high school districts22 § 20 6 201, MCA Elementary district classification23

Adopted on: 12/14/9827

Legal References:

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

§ 20 3 301, MCA Election and term of office19

Membership

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

110543

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

The District is governed by a Board of Trustees consisting of eight members. The powers and7 duties of the Board include the broad authority to adopt and enforce all policies necessary for the8 management and government of the public schools. Except as otherwise provided by law,9 trustees shall hold office for terms of three (3) years, or until their successors are elected and10 qualified. Terms of trustees shall be staggered as provided by law.

THE BOARD OF TRUSTEES

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§ 20 3 302, MCA Legislative intent to elect less than majority of20 trustees21

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§ 20 3 305, MCA Candidate qualification and nomination22

§ 20 3 341, MCA Number of trustee positions in elementary districts25 transition26

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Adopted on: 12/14/9837

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§ 20 3 344, MCA Nomination of candidates by petition in first class27 elementary district28

Reviewed on:38 Revised on: 08/14/07, 11/09/2010, 1/10/22

§ 2 3 202, MCA Meeting defined18

All trustees shall participate on an equal basis with other members in all business transactions13 pertaining to the high school maintained by the District. Only those trustees elected from the14 elementary district may participate in business transactions pertaining to the elementary schools15 maintained by the District.

§ 20 3 306, MCA Conduct of election23

Policy History:36

§ 20 3 307, MCA Qualification and oath24

Lame Deer Public Schools

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Adopted on: 12/14/9827 Reviewed on:28 Revised on: 12/11/07, 11/09/2010, 08/09/2011, 1/10/2229

A newly elected trustee shall take office as soon as election results have been certified and the7 newly elected trustee has taken and subscribed to an oath to faithfully and impartially discharge8 the duties of the office to the best of his/her ability.

THE BOARD OF TRUSTEES

Legal References: § 1 6 101, MCA Officers who may administer oaths21 § 2 16 116, MCA Power to administer oaths22 § 20 1 202, MCA Oath of office23 § 20 3 307, MCA Qualification and oath

Lame Deer Public Schools

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Taking Office

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Policy History:26

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The person shall qualify by taking an oath of office administered by the county superintendent,14 the superintendent’s designee, or any office provided for in 1 6 101, MCA or 2 16 116, MCA.15 Such oath must be filed with the county superintendent not more than fifteen (15) days after the16 receipt of the certificate of election or the appointment.

A newly appointed trustee shall take office, after the trustee has taken and subscribed to an oath11 to faithfully and impartially discharge the duties of the office to the best of his/her ability.

§ 20 3 304, MCA Annual election42

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Board elections shall take place on the first (1st) Tuesday after the first (1st) Monday in May of13 each year. Any person who is a qualified voter of the District is legally qualified to become a14 trustee. A declaration of intent to be a candidate must be submitted to the District Clerk at least15 forty (40) days before the regular school election day. If different terms are to be filled, the term16 for the position for which the candidate is filing must also be indicated. Any person seeking to17 become a write in candidate for a trustee position shall file a declaration of intent no later than18 5:00 p.m. on the day before the ballot certification deadline in 20 20 401. If the number of19 candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate is20 equal to or less than the number of positions to be elected, the trustees may give notice no later21 than thirty (30) days before the election that a trustee election will not take place. If a trustee22 election is not held, the trustees shall declare the candidates elected by acclamation and shall23 issue a “certificate of election” to each candidate.

Elections conducted by the District are nonpartisan and are governed by applicable election laws8 as found in Titles 13 & 20 of the Montana Code Annotated. The ballot at such elections may9 include candidates for trustee positions, various public policy propositions, and advisor10 questions.

§ 20 3 324(4), MCA Powers and duties

21 THE BOARD OF TRUSTEES 11113 Page 1 of 254

A candidate intending to withdraw from the election shall send a statement of withdrawal to the26 clerk of the district containing all information necessary to identify the candidate and the office27 for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk28 of the district. A candidate may not withdraw after 5:00 p.m. the day before the ballot29 certification deadline in 20 20 401.

Except in the event of an unforeseen emergency occurring on the date scheduled for the election,32 a proposition requesting additional funding pursuant to § 20 9 353, MCA, may be submitted to33 electors only once each calendar year, on the regular school election day.

Election

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

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

Lame Deer Public Schools

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In years when the Legislature meets in regular session or in a special session that affects school36 funding, the trustees may order THE election on a date other than the regular school election day37 in order for the electors to consider a proposition requesting additional funding under § 20 938 353, MCA.

§ 20 3 322, MCA Meetings and quorum

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§ 20 3 313, MCA Election by acclamation notice

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Policy History:15

§ 20 20 301, MCA Qualifications of elector

Adopted on: 9/15/99

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

Revised on: 10/14/01, 08/14/07, 11/09/2010, 08/09/2011, 1/10/22

§ 20 20 204, MCA Election Notice

Reviewed on:17

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

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

Lame Deer Public Schools BOARD OF TRUSTEES

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Adopted on: 09/15/9919

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

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

Revised on: 1/10/2221

Trustees retiring from the Board may be recognized for their service to the District by10 presentation of a service plaque or other appropriate activities.

21 THE

Resignation

Policy History:18

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Reviewed on: 11/09/201020

A trustee position becomes vacant before the expiration of a term, when any of the following7 occurs:98

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

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

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.

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

Cross Reference: 1240 Duties of Individual Trustees

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

Vacancies

2. The effective date stipulated in the written resignation of the trustee filed with the Clerk;11

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THE BOARD OF TRUSTEES

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Policy History:42 Adopted on: 12/14/9843

1. Death of the incumbent;10

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Legal References: § 20-3-308, MCA Vacancy of trustee position38 § 20 3 309, MCA Filling vacated trustee position appointee39 qualification and term of office

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

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

Reviewed on: 11/09/201044 Revised on: 1/10/2245

Lame Deer Public Schools

4. Incumbent is no longer a registered elector of the District under the provisions of § 2013 20-301, MCA;14

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.

8. Appointment of a Clerk3332

The normal order of business shall be modified for the annual organizational meeting by15 considering the following matters after the approval of the minutes of the previous meeting:1716

Policies and bylaws remain in effect until and unless changed by the Board.363534

3. Call for nominations for Chairperson to serve during the ensuing year2322

7. Election of a Vice Chairperson3130

Policy History:41

Adopted on: 12/14/9842

2. Swearing in of newly elected trustees2120

Reviewed on: 11/09/201043

Revised on: 09/15/99, 08/09/2011, 1/10/2244

Legal References: § 20 3 321, MCA Organization and officers37

Annual Organization Meeting

4. Election of a Chairperson2524

§ 1 5 416(1)(b), MCA Powers and duties of Notary Public4039

6. Call for nominations for Vice Chairperson to serve during the ensuing year2928

§ 20-3-322(a), MCA Meetings and quorum38

112043

21 THE

Lame Deer Public Schools BOARD OF TRUSTEES

After issuance of election certificates to newly elected trustees, but no later than 15 days after the7 election, the Board shall elect from among its members a Chairperson and a Vice Chairperson to8 serve until the next annual organizational meeting. If a Board member is unable to continue to9 serve as an officer, a replacement shall be elected at the earliest opportunity to serve the10 remainder of the term. In the absence of both the Chairperson and the Vice Chairperson, the11 Board shall elect a Chairperson pro tempore, who shall perform the functions of the Chairperson12 during the latter’s absence. The Clerk shall act as Board secretary.1413

5. Assumption of office by the new Chairperson2726

1. Welcome and introduction of newly elected Board members by the current Chairperson1918

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Bryan v. Yellowstone (2002), 2002 MT 26420

21 THE

Crofts v. Associated Press (2004), 2004 MT 1202221

Policy History:23

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Committees of the Board may be created and their purposes defined by a majority of the Board. The Board Chairperson shall appoint trustees to serve on such committees. Trustees serving on committees shall be limited to fewer than a majority of the Board.

Adopted on: 12/14/9824

Lame Deer Public Schools BOARD OF TRUSTEES

Generally, trustees will function as a whole and will not form committees of the Board. Nevertheless the Board may create Board committees as deemed necessary or useful. All8 committees created by the Board shall comply with the open meeting laws and all other laws applicable to school board meetings.

Legal Reference: § 2 3 203, MCA Meetings of public agencies and certain associations18 of public agencies to be open to public exceptions19

Committees/Meetings

Reviewed on:25 Revised on: 11/09/2010, 1/10/2226

• Sign all papers and documents as required by law and as authorized by action of the Board;20

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Chairperson

§ 20 3 352(2), MCA Request and determination of number of high school district additional trustee positions nonvoting trustee

Lame Deer Public Schools

Reviewed on:49 Revised on: 11/09/2010, 08/09/2011, 1/10/22

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The Vice Chairperson shall preside at all Board meetings in the absence of the Chairperson and shall31 perform all the duties of the Chairperson during the Chairperson’s absence or unavailability. The Vice32 Chairperson shall work closely with the Chairperson and shall assume whatever duties the Chairperson33 may delegate.

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§ 20 3 321(2), MCA Organization and officers

• Act as spokesperson for the Board.

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§ 20 3 351(1)(a), MCA Number of trustee positions in high school districts

• Close Board meetings as authorized by Montana law; and21

The Board officers are the Chairperson and Vice Chairperson. These officers are elected at the annual7 organizational meeting.98

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• Make all Board committee appointments, subject to Board approval;19

• Preside at all meetings and conduct meetings in the manner prescribed by the Board’s policies;18

Meetings of public agencies and certain associations of public agencies to be open to public exceptions

Qualifications, Terms, and Duties of Board Officers

The Chairperson is permitted to participate in all Board meetings in a manner equal to all other Board25 members, including the right to participate in debate and to vote. The Chairperson may not make a26 motion, but may second motions.

Policy History:47

Adopted on: 12/14/98

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Vice Chairperson

Legal References: § 2 3 203, MCA

THE BOARD OF TRUSTEES

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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). If an additional13 trustee is chosen to serve as the Chairperson of an elementary district described in 20 3 351(1)(a), the14 additional trustee may not vote on issues pertaining only to the elementary district. The duties of the15 Chairperson include the following:

2019

The Clerk of the Board shall attend all meetings of the Board, unless excused by the7 Chairperson, and shall keep an accurate and permanent record of all proceedings. The Clerk8 shall have custody of the records, books, and documents of the Board. In the absence or inability9 of the Clerk to attend a Board meeting, the trustees will have one (1) of their members or a10 District employee act as clerk for the meeting, and said person will supply the Clerk with a11 certified copy of the proceedings.

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Reviewed on: 11/09/201041

§ 20 9 165, MCA Budget amendment limitation, preparation, and34 adoption procedures35

Policy History:39

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§ 20 9 221, MCA Procedure for issuance of warrants

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

Revised on: 10/11/05, 1/10/2242

THE BOARD OF TRUSTEES

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Clerk

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.

§ 20 3 325, MCA Clerk of district30

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Legal references: § 20 3 321, MCA Organization and officers29

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

The Clerk shall perform other duties as prescribed by state law or as directed by the Board and24 the Superintendent.

Lame Deer Public Schools

§ 20 9 133, MCA Adoption and expenditure limitations of final32 budget33

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 all functions pertaining to the preparation of school elections.23

§ 20 4 201, MCA Employment of teachers and specialists by contract31

Adopted on: 12/14/9840

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Legal References: § 20 3 301, MCA

THE BOARD OF TRUSTEES

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Lame Deer Public Schools

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Policy History:35

All trustees are obligated to attend Board meetings regularly. Whenever possible, a trustee shall18 give advance notice to the Chairperson or Superintendent, of the trustee’s inability to attend a19 Board meeting. A majority of the Board may excuse a trustee’s absence from a meeting if20 requested to do so.

Cross Reference: 1113 Vacancies

Election and term of office30 § 20 3 308, MCA Vacancy of trustee position31 § 20 3 324(22), MCA Powers and duties32 § 20 3 332, MCA Personal immunity and liability of trustees3433

Adopted on: 12/14/9836

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.

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 trustee14 shall visit every school (except in 1st class districts) at least once per year to examine its15 management, conditions, and needs.

Reviewed on: 11/09/201037 Revised on: 1/10/2238

Duties of Individual Trustees

Board members, as individuals, have no authority over school affairs, except as provided by law23 or as authorized by the Board.

District Policy

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Policies, as adopted or amended, shall be made a part of the minutes of the meeting at which22 action was taken and also shall be included in the District’s policy manual. Policies of the23 District shall be reviewed annually by the Board.

Suspension of Policies

Administrative Procedures

All new or amended policies shall become effective upon adoption; unless a specific effective19 date is stated in the motion for adoption.

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Under circumstances that require waiver of a policy, the policy may be suspended by a majority35 vote of the trustees present. To suspend a policy, however, all trustees must have received36 written notice of the meeting, which includes the proposal to suspend a policy and an explanation37 of the purpose of such proposed suspension.

THE BOARD OF TRUSTEES

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The Superintendent shall develop such administrative procedures as are necessary to ensure consistent42 implementation of policies adopted by the Board.

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. New or revised14 policies that are required, or have required language changes based on State or Federal law, or are15 required changes by administrative rule, may be adopted after the first (1st) reading if sufficient notice has16 been given through the board agenda.

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Policy Manuals

The Superintendent shall develop and maintain a current policy manual which includes all28 policies of the District. Every administrator, as well as staff, students, and other residents, shall29 have ready access to District policies. All policy manuals distributed to anyone shall remain the30 property of the District and shall be subject to recall at any time.

Lame Deer Public Schools

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When a written procedure is developed, the Superintendent shall submit it to the Board as an information45 item.

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Adoption and Amendment of Policies

Policy History:5 Adopted on: 12/14/986 Reviewed on:7 Revised on: 11/14/00, 11/09/2010, 1/10/22

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

• District Clerk18

363534

Legal Reference: § 2 16 114, MCA Facsimile signatures37

• Superintendent17

Contracts for Goods and Services and Leases: The Superintendent is authorized to sign, on25 behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under26 $10,000 without prior approval of the Board. The types of goods and services contracted for27 must be preapproved by the Board.

§ 20 9 204, MCA Conflicts of interest, letting contracts,38 calling for bids

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§ 20 9 221(2), MCA Procedure for issuance of warrants

Reviewed on:45 Revised on: 11/09/2010, 2/28/22

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Claim Forms: Staff employed by the District in the following designated positions are14 authorized to certify voucher or invoice claims against or for the District:

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§ 20 9 213, MCA Duties of trustees

Personnel Contracts: The Board Chairperson and Clerk are authorized to sign personnel30 contracts and agreements of employment on behalf of the Board, by facsimile signature.

• Building Principals

Checks: The Activities Director is designated as the custodian of each school building21 extracurricular fund account. The District Clerk is designated as the custodian of all District22 petty cash accounts.

THE BOARD OF TRUSTEES

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

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Policy History:43 Adopted on: 12/14/9844

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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.

Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board33 Chairperson and the Clerk.

Lame Deer Public Schools

Authorization of Signatures

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Unless otherwise specified, all meetings will take place in the elementary school conference14 room. Regular meetings shall take place at 6:00 p.m. on the 2nd Monday of each month, or at15 other times and places determined by a majority vote. Except for an unforeseen emergency,16 meetings must be held in school buildings or, upon the unanimous vote of the trustees, in a17 publicly accessible building located within the District. If regular meetings are scheduled at18 places other than as stated above or are adjourned to times other than the regular meeting time,19 notice of the meeting shall be made in the same manner as provided for special meetings. The20 trustees may meet outside the boundaries of the District for collaboration or cooperation on21 educational issues with other school boards, educational agencies, or cooperatives. Adequate22 notice of the meeting, as well as an agenda, must be provided to the public in advance. Decision23 making may only occur at a properly noticed meeting held within the District’s boundaries.24 When a meeting date falls on a legal holiday, the meeting shall take place the next business day.

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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 Independent38 Press.

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.

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Board Meetings

Regular Meetings

14003 page 1 of 24

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Emergency Meetings

Lame Deer Public Schools BOARD OF TRUSTEES

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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.

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Budget Meetings

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

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.

§ 20-9-115, MCA Notice of final budget meeting38

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

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Special Meetings

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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.

§ 2 3 201, MCA Legislative intent liberal construction34

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10.55.701, ARM Board of Trustees

§ 2 3 203, MCA Meetings of public agencies and certain associations35 of public agencies to be open to public exceptions36

§ 20 3 322, MCA Meeting and quorum37

Closed Sessions

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

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

Policy History:42 Adopted on: 12/14/9843

Reviewed on:44 Revised on: 10/04/01, 06/11/02, 10/11/05, 11/09/2010, 08/09/2011, 09/14/16, 1/10/22

§ 20 9 131, MCA Final budget meeting39

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Policy History:44

A written copy of Board minutes shall be available to the general public within five (5) working days34 following approval of the minutes by the Board. If requested, one (1) free copy of minutes shall be35 provided to local media within five (5) working days following approval by the Board.

Legal References: § 2 6 110, MCA Electronic Information and nonprint records40

The district may charge a fee for fulfilling a public information request. The fee may not exceed the20 actual costs directly incident to fulfilling the request in the most cost efficient and timely manner21 possible. The fee must be documented. The fee may include the time required to gather public22 information. The district may require the requesting person to pay the estimated fee prior to identifying23 and gathering the requested public information.

The district is not required to alter or customize public information to provide it in a form specified to26 meet the needs of the requesting person. If the district agrees to a request to customize a records request27 response, the cost of the customization may be included in the fees charged by the district.

(b) Providing the requesting person with an estimate of the time it will take to fulfill the request if the17 public information cannot be readily identified and gathered and any fees that maybe charged.

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Records Available to Public

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

Any individual may request public information from the district. The district shall make the means of10 requesting public information accessible to all persons.

THE BOARD OF TRUSTEES

§ 20 9 213, MCA Duties of trustees

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Reviewed on:46 Revised on: 11/09/2010, 1/10/22

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

In accordance with § 20 9 213(1), MCA, the record of the accounting of school funds shall be open to30 public inspection at any meeting of the trustees. A fee may be charged for any copies requested. Copies31 will be available within a reasonable amount of time following a request.

(a) Making the public information available for inspection and copying by the requesting person; or16

Upon receiving a request for public information, the district shall respond in a timely manner to the13 requesting person by:

Adopted on: 12/14/98

1. The Board will not use e mail or mobile messaging as a substitute for deliberations at12 Board meetings or for other communications or business properly confined to Board13 meetings.

Legal Reference: § 2 3 103, MCA Public participation governor to ensure guidelines31 adopted32

Reviewed on:40 Revised on: 1/10/2241

Policy History:38 Adopted on: 11/09/201039

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3. Board members will avoid reference to confidential information about employees,21 students, or other matters in mobile messaging, e mail communications, because of the22 risk of improper disclosure. Board members will comply with the same standards as23 school employees, with regard to confidential information.

School Board Use of Electronic Mail and Mobile Messaging

§ 20 3 322, MCA Meeting and quorum

21 THE

§ 2 3 201, MCA Legislative intent liberal construction33 § 2 3 203, MCA Meetings of public agencies and certain associations34 of public agencies to be open to public exceptions35

1401 Records Available to Public

Use of email and mobile messaging by members of the Board will conform to the same standards7 of judgment, propriety, and ethics as other forms of school board related communication. Board8 members will comply with the following guidelines when using e mail and mobile messaging in9 the conduct of Board responsibilities:

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2. Board members will be aware that mobile messages, e mail and e mail attachments16 received or prepared for use in Board business or containing information relating to17 Board business may be regarded as public records, which may be inspected by any18 person upon request, unless otherwise made confidential by law.

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Cross Reference: 1400 Board Meetings28

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The Board Chairperson must approve any items submitted by Board members or members of the public, prior to being placed on the agenda. Citizens wishing to make brief comments about school14 programs or procedures will follow the public comment procedures in district policy.

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The agenda also must include a “public comment” portion to allow members of the general public to comment on any public matter under the jurisdiction of the District which is not18 specifically listed on the agenda, except that no member of the public will be allowed to19 comment on contested cases, other adjudicative proceedings, or personnel matters. The Board20 Chairperson may place reasonable time limits on any “public comment” period to maintain and21 ensure effective and efficient operations of the Board. The Board shall not take any action on22 any matter discussed, unless the matter is specifically noticed on the agenda, and the public has23 been allowed opportunity to comment.

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School Board Meeting Procedure

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With consent of a majority of members present, the order of business at any meeting may be26 changed. Copies of the agenda for the current Board meeting, minutes of the previous Board27 meeting, and relevant supplementary information will be prepared and distributed to each trustee28 at least twenty-four (24) hours in advance of a Board meeting and will be available to any29 interested citizen at the Superintendent’s office twenty four (24) hours before a Board meeting.30 An agenda for other types of Board meetings will be prepared, if circumstances require an31 agenda.

To expedite business at its meetings, the Board approves the use of a consent agenda, which36 includes those items considered to be routine in nature. Any item that appears on the consent37 agenda may be removed by a member of the Board. Any Board member who wishes to remove38 an item from the consent agenda must give advance notice in a timely manner to the39 Superintendent. Remaining items will be voted on by a single motion. The approved motion40 will be recorded in the minutes, including a listing of all items appearing on the consent agenda.

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Minutes

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Appropriate minutes of all meetings required to be open must be kept and must be available for inspection by the public. If an audio recording of a meeting is made and designated as official, the

Agenda

The authority to set the board agenda lies with the Board Chair in consultation with board members9 and the administration. The act of preparing the board meeting agendas can be delegated to the10 Superintendent.

Consent Agenda

No business shall be transacted at any meeting of the Board unless a quorum of its members is31 present. A majority of the full membership of the Board shall constitute a quorum, whether the32 individuals are present physically or electronically. A majority of the quorum may pass a33 resolution, except as provided in § 20 4 203(1), MCA, and § 20 4 401(4), MCA.

• Summary of discussion on all matters discussed (including those matters discussed7 during the “public comment” section), proposed, deliberated, or decided, and a record of8 any votes taken;9

• Detailed statement of all expenditures;10

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recording constitutes the office record of the meeting. If an official recording is made, a written1 record of the meeting must also be made and must also include:

• Purpose of recessing to closed session; and11

Unofficial minutes shall be delivered to Board members in advance of the next regularly22 scheduled meeting of the Board. Minutes need not be read publicly, provided that Board23 members have had an opportunity to review them before adoption. A file of permanent minutes24 of Board meetings shall be maintained in the office of the Clerk, to be made available for25 inspection upon request. A written copy shall be made available within five (5) working days26 following approval by the Board.

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Electronic Participation

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The Board may allow members to participate in meetings by telephone or other electronic38 means. Board members may not simply vote electronically but must be connected with the39 meeting throughout the discussion of business. If a Board member electronically joins the40 meeting after an item of business has been opened, the remotely located member shall not41 participate until the next item of business is opened.

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Quorum

When issues are discussed that may require a detailed record, the Board may direct the Clerk to14 record the discussion verbatim. Any verbatim record may be destroyed after the minutes have15 been approved, pursuant to § 20 1 212, MCA.

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• Time of adjournment.

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If the Board allows a member to participate electronically, the member will be considered44 present and will have his or her actual physical presence excused. The member shall be counted45

• Board members recorded as absent or present;6

• Date, time, and place of the meeting;4

If the minutes are recorded and designated as the official record, a log or time stamp for each main18 agenda item is required for the purpose of providing assistance to the public in accessing that portion19 of the meeting.

• Presiding officer;5

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A motion to rescind (cancel previous action) may be made anytime by any trustee. A motion to19 rescind must be properly noticed on the Board’s agenda for the meeting It is in order any time prior20 to accomplishment of the underlying action addressed by the motion.

Cross Reference: 1441 Audience Participation2524

Legal References: § 2 3 103, MCA Public participation governor to ensure guidelines26 adopted27

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§ 20-3-323, MCA District policy and record of acts32 Jones and Nash v. Missoula Co., 2006 MT2, 330 Mont 2005

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Adopted on: 12/14/9836

Reviewed on:37

Revised on: 04/13/06, 11/09/2010, 08/09/2011, 1/10/2238

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Rescind a Motion

§ 2 3 202, MCA Meeting defined28

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General rules of parliamentary procedure are used for every Board meeting. Robert’s Rules of12 Order may be used as a guide at any meeting. The order of business shall be reflected on the13 agenda. The use of proxy votes shall not be permitted. Voting rights are reserved to those14 trustees in attendance. Voting shall be by acclamation or show of hands.

§ 2 3 212, MCA Minutes of meetings public inspection29 § 20-1-212, MCA Destruction of records by school officer30

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Policy History:35

Meeting Conduct and Order of Business

Any Board member wishing to participate in a meeting electronically will notify the Chairperson4 and Superintendent as early as possible. The Superintendent will arrange for the meeting to take5 place in a location with the appropriate equipment so that Board members participating in the6 meeting electronically may interact, and the public may observe or hear the comments made.7 The Superintendent will take measures to verify the identity of any remotely located participants.

§ 20 3 322, MCA Meetings and quorum31

present for purposes of convening a quorum. The Clerk will document it in the minutes, when1 members participate in the meeting electronically.

Notice Regarding Public Comment

For those individuals who desire to address the Board during the public comment portion of the13 meeting, if you haven’t already done so, please sign your name to the sheet and indicate the14 general topic on which you will be commenting. The Board Chairperson will call individuals to15 speak in the order listed on the sheet provided. Please state your name prior to beginning your16 comment. There will be an opportunity for citizens who have not signed in to comment at the17 conclusion of the comment period. The Board would like to remind everyone in attendance to18 avoid violations of individual rights of privacy when providing comment. The Board is not19 authorized to hear comments on contested cases or other adjudicative proceedings.

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Montana law requires school districts and other public agencies to include on the agenda for7 public meetings an item allowing public comment on any public matter not otherwise8 specifically listed on the agenda that is within the jurisdiction of the agency. The public comment9 portion of the agenda is not the time designated to hear items that are specifically10 listed/identified on the agenda.

By law, the District cannot take any action on any matter discussed during the public comment22 portion of the meeting as those matters are not specifically noticed on the agenda. The Board23 may take a matter raised during the public comment period under consideration for inclusion on24 a future agenda.

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In accordance with Montana law, citizens have the right to comment on an item that is27 specifically listed on the agenda. Citizens will be permitted to do so when the item comes up for28 discussion and action. The board chair will indicate when the public has the opportunity to29 comment prior to board action on a particular agenda item.

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The Board Chair has the authority to manage all public comment periods and will do so in32 accordance with state law and district policy.

THE BOARD OF TRUSTEES

§ 2 2 105, MCA Ethical requirements for public officers and public19 employees20

§ 20 9 204, MCA Conflicts of interests, letting contracts, and calling for28 bids3029

Legal References:

Policy History:31 Adopted on: 06/11/0232 Reviewed on: 11/09/201033 Revised on: 1/10/2234

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 when hiring the10 relative of a trustee;

§ 2 2 121, MCA Rules of conduct for public officers and public21 employees22

§ 20 3 323, MCA District policy and record of acts2726

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§ 2 2 302, MCA Appointment of relative to office of trust or emolument23 unlawful exceptions publication of notice24

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THE BOARD OF TRUSTEES

In addition, a trustee shall be allowed to abstain from voting to avoid the appearance of impropriety or the13 appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in14 the minutes and may include an explanation of the reasons for the abstention. The Board discourages15 abstentions, unless the reasons are substantiated as provided herein.

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§ 20 1 201, MCA School officers not to act as agents25

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Individuals wishing to be heard by the Chairperson shall first be recognized by the Chairperson.15 Individuals, after identifying themselves, will proceed to make comments as briefly as the16 subject permits. The Chairperson may interrupt or terminate an individual’s statement when17 appropriate, including when statements are out of order, too lengthy, personally directed,18 abusive, obscene, or irrelevant. The Board as a whole shall have the final decision in19 determining the appropriateness of all such rulings. It is important for all participants to20 remember that Board meetings are held in public but are not public meetings. Members of21 the public shall be recognized and allowed input during the meeting, at the discretion of the22 Chairperson.

Reviewed on: 11/09/201035 Revised on:36

The Board recognizes the value of public comment on educational issues and the importance of7 involving members of the public in its meetings. The Board also recognizes the statutory and8 constitutional rights of the public to participate in governmental operations. To allow fair and9 orderly expression of public comments, the Board will permit public participation through oral or10 written comments during the “public comment” section of the Board agenda and prior to a final11 decision on a matter of significant interest to the public. The Chairperson may control such12 comment to ensure an orderly progression of the meeting.

Adopted on: 12/14/9834

Legal Reference: Article II, Section 8, Montana Constitution Right of participation29 Article II, Section 10, Montana Constitution Right of privacy30 §§ 2 3 101, et seq., MCA Notice and Opportunity to Be Heard

Cross Reference: 1420 School Board Meeting Procedure

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Audience Participation

Policy History:33

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

Adopted on: 03/09/0448

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

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;2120

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;3332

Communicate to the Superintendent expression of public reaction to Board policies, school programs, or27 staff;2928

Support the employment of those persons best qualified to serve as school staff and insist on regular and34 impartial evaluation of staff;3635

Work with other Board members to establish effective Board policies and to delegate authority for22 administration to the Superintendent;2423

Avoid being placed in a position of conflict of interest and refrain from using my Board position for37 personal or partisan gain;3938

AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC7 EDUCATION, AND TO THAT END I WILL:98

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Avoid compromising the Board or administration by inappropriate individual action or comments and40 respect the confidentiality of information that is privileged under applicable law;

Remember always that my first and greatest concern must be the educational welfare of students43 attending public schools.

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Recognize and respect the responsibilities that properly are delegated to the Superintendent;2625

Code of Ethics for School Board Members

THE BOARD OF TRUSTEES

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

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2. Perform an official act directly and substantially affecting, to its economic benefit, a12 business or other undertaking in which the trustee either has a substantial financial13 interest or is engaged as counsel, consultant, representative, or agent.

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

5. Be employed in any capacity by the District, with the exception of officiating at athletic30 competitions under the auspices of the Montana Officials Association.

b. This prohibition does not apply to the renewal of an employment contract of a43 tenured teacher related to a Board member, who was initially hired before the44 Board member assumed the trustee position.45

a. This prohibition does not apply to the issuance of an employment contract to a40 person as a substitute teacher who is not employed as a substitute teacher for more41 than thirty (30) consecutive school days.42

6. Perform an official act directly and substantially affecting a business or other33 undertaking to its economic detriment when the officer or employee has a substantial34 personal interest in a competing firm or undertaking.

7 Appoint to a position of trust or emolument any person related or connected by37 consanguinity within the fourth (4th) degree or by affinity within the second (2nd) degree.

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

A trustee may not:87

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4. Have a pecuniary interest, directly or indirectly, in any contract made by the Board, when18 the trustee has more than a ten percent (10%) interest in the corporation. A contract does19 not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments20 or deposits in financial institutions that are in the business of loaning or receiving money,21 when such investments or deposits are made on a rotating or ratable basis among22 financial institutions in the community or when there is only one (1) financial institution23 in the community; or 3) contracts for professional services other than salaried services or24 for maintenance or repair services or supplies when the services or supplies are not25 reasonably available from other sources, if the interest of any Board member and a26 determination of such lack of availability are entered in the minutes of the Board meeting27 at which the contract is considered.

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c. This prohibition does not apply if trustees comply with the following46

requirements: 1) All trustees, except the trustee related to the person to be1 employed or appointed, vote to employ the related person; 2) the trustee related to2 the person to be employed abstains from voting; and 3) the trustees give fifteen3 (15) days written notice of the time and place of their intended action in a4 newspaper of general circulation in the county where the school is located.

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Parent Uncle Child of GG Uncle Grandchild of GG Uncle272625

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Great Grandchild Great Grand Nephew 4

Great Grandparent Great Great Uncle2019 2 4 621

Child Nephew 1st Cousin 2nd Cousin33 once removed once removed 2 4 636

Great Great Grandchild

Grandparent Great Uncle Child of Great Uncle 1 3 5 724

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Affinity is the legal relationship arising as the result of marriage. Relationship by affinity9 terminates upon the death of one of the spouses or other dissolution of marriage, except when the10 marriage has resulted in issue still living.

Degrees of Consanguinity1413 415

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Brother 1st Cousin 2nd Cousin 3rd Cousin 1 3 5 732

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Grandchild Grand Nephew 1st Cousin37 twice removed 3 5

Great Great Grandparent1716 3 518

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Degrees of Affinity

Trustee28 2 4 6 829

Degrees of Affinity 3

Great Grandfather in law 2 Grandfather in law 1 312 Father in law Uncle in law 1 215

Trustee Spouse Brother in law181716 1 319 Step Child Nephew in law2120 222 Step Grandchild2423 3 Step Great Grandchild29282726

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Policy History:30 Adopted on: 12/14/9831 Reviewed on:32 Revised on: 11/09/2010, 1/10/2233

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7. Establish the methods and processes by which work is performed.2524

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

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

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

The Board also reserves the right to delegate authority to the Superintendent for the ongoing28 direction of all District programs.

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4. Maintain the efficiency of District operations;

Legal Reference: § 20 3 324, MCA Powers and duties § 39 31 303, MCA Management rights of public employers

THE BOARD OF TRUSTEES

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Reviewed on: 11/09/201042 Revised on:43

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1. Direct employees;

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6. Take whatever actions may be necessary to carry out the missions of the District in21 situations of emergency;2322

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

Lame Deer Public Schools

Management Rights

Bonner School District No. 14 v. Bonner Education Association,37 MEA MFT, NEA, AFT, AFL CIO, (2008), 2008 MT 9

3. Relieve employees from duties because of lack of work or funds under conditions where13 continuation of such work would be inefficient and nonproductive;

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Policy History:40 Adopted on: 12/14/9841

Cross Reference: 6110 Superintendent

Policy History:43

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Board/Staff Communications

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

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Staff and Board members share a keen interest in schools and education. When they meet at36 social affairs and other functions, informal discussion about such matters as educational trends,37 issues, and innovations and general District problems can be anticipated. Discussions of38 personalities or staff grievances are not appropriate.

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Staff Communications to the Board

All official communications, policies, and directives of staff interest and concern will be21 communicated to staff members through the Superintendent. The Superintendent will employ all22 such media as are appropriate to keep staff fully informed of Board concerns and actions.

Every reasonable means of communication is encouraged throughout the education community.7 Nevertheless, an organization must maintain some order and structure to promote efficient and8 effective communications.

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All official communications or reports to the Board, from principals, supervisors, teachers, or13 other staff members, shall be submitted through the Superintendent. This procedure shall not14 deny any staff member the right to appeal to the Board from administrative decisions, provided15 that the Superintendent shall have been notified of the forthcoming appeal and that it is16 processed according to the applicable procedures for complaints and grievances.

In accordance with Montana statutes, each trustee shall visit every school of the District at least27 once each school fiscal year to examine its condition and needs. As a courtesy, individual Board28 members interested in visiting schools should make arrangements for visitations through the29 principals of the various schools. Such visits shall be regarded as informal expressions of30 interest in school affairs and not as “inspections” or visits for supervisory or administrative31 purposes.

Visits to Schools

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Reviewed on: 11/09/201045 Revised on:46

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Board Communications to Staff

Adopted on: 12/14/9844

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Social Interaction

Board-Superintendent Relationship

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.

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Policy History:26 Adopted on: 03/09/0427 Reviewed on: 11/09/201028 Revised on:29

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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 principal

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.

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Cross Reference: 6110 Superintendent

The members of the trustees of any district may not receive compensation for their services as trustees.9 The members of the trustees who reside over 3 miles from the trustees’ meeting place must be reimbursed10 at the rate as provided in 2 18 503 for every mile necessarily traveled between their residence and the11 meeting place and return in attending the regular and special meetings of the trustees, and all trustees12 must be similarly reimbursed for meetings called by the county superintendent. The travel reimbursement13 may be accumulated during the school fiscal year and paid at the end of the fiscal year, at the discretion of14 each trustee.

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A trustee must file a reimbursement for mileage form, prior to July 1 of each year, requesting21 reimbursement for the fiscal year. The form may be obtained from the District Clerk/Business Manager.2322

Expenses for Board Members at Out of District Meetings

Lame Deer Public Schools BOARD OF TRUSTEES

§ 20 1 211, MCA Expenses of officers attending conventions

Policy History:47

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6. Incidental expenditures for tips and other necessary costs attributable to the trustee’s attendance36 at a meeting; however, the District will not reimburse or pay for such items as liquor, expenses of37 a spouse, separate entertainment, or other unnecessary expenditures.

Cross Reference:

1. Transportation as approved by the Board;30

Legal References § 2 18 503, MCA Mileage allowance

Revised on: 08/13/01, 12/10/02, 08/12/03, 05/24/05, 06/13/06, 11/09/2010, 1/10/22

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7336 Travel Allowances and Expenses4241

3. Hotel or motel costs for trustee, as necessary;32

Trustee Expenses

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4. Food costs as necessary;33

5. Telephone services for necessary communications with business or family, resulting from the34 trustee being away from the district;35

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§ 20 3 311, MCA Trustee travel reimbursement

2. On site transportation during the course of the meeting, i.e., bus, taxi, or rental car;31

Expenses for Board Members In District

Trustees normally attend workshops, training institutes, and conferences at both the state and national26 levels. The District will pay all legitimate costs for trustees to attend out of District meetings, at27 established rates for reimbursement set by the District:2928

A trustee is entitled to collect mileage at a rate equal to the mileage allotment allowed by the United17 States internal revenue service for the current year for the first 1,000 miles and 3 cents less per mile for all18 additional miles traveled within a given calendar month.

Adopted on: 12/14/98

21 THE

2019

TRUSTEE MILEAGE REIMBURSEMENT FORM 1531F

Year: July 1, 20__ to June 30, 20__

LAME DEER SCHOOL DISTRICT

A trustee, who resides over 3 miles from the trustees’ meeting place, is entitled to collect mileage at a rate equal to the mileage allotment allowed by the United States internal revenue service for the current year for the first 1,000 miles and 3 cents less per mile for all additional miles traveled within a given calendar month for every mile necessarily traveled between their residence and the meeting place and return in attending the regular and special meetings of the trustees.

©MTSBA 2019

I understand I will be reimbursed _____ in January and June _____ in June

I, _____________, Trustee of the ___________ School District, waive my right to Trusteereimbursement. Date

 I, ______________, Trustee of the _____________School District, hereby request mileage reimbursement for attending regular and special meetings of the Board of ITrustees.understand the District Clerk/Business Manager will keep a log of the regular and special meetings I attend throughout the school year and reimburse me as provided in 2 18 503, MCA.



Policy History:21 Adopted on: 03/09/0422 Reviewed on: 11/09/201023 Revised on: 08/09/201124

Trustee Insurance

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Legal References:

§ 20 3 352(2), MCA Request and determination of number of high17 school district additional trustee positions18 nonvoting trustee2019

An additional trustee, as provided for in 20 3 352(2), who is chosen as a nonvoting chairperson11 of the board of an elementary district is entitled to all of the immunization, defenses, and12 indemnifications as described in 20 3 322, MCA.

§ 20 3 331, MCA Purchase of insurance self insurance plan15

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The District shall maintain sufficient insurance to protect the Board and its individual members7 against liability arising from actions of the Board or its individual members while each is acting8 on behalf of the District and within the trustee’s authority.

§ 20 3 332, MCA Personal immunity and liability of trustees16

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The Chairperson may appoint a committee of the Board, to include the Superintendent to12 annually review the goals and report to the Board.

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Reviewed on:21 Revised on: 1/10/2222

Policy History:19 Adopted on: 11/09/201020

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Annual Goals and Objectives

Legal Reference: 10.55.701, ARM Board of Trustees

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THE BOARD OF TRUSTEES

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Each year, the Board will formulate or review the goals of the District that reflect the district’s7 strategic plan of education. At the conclusion of each school year, the [Superintendent]8 [Principal] shall report to the Board information which reflects the accomplishments towards the9 goals of the District.

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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.

Policy History:14

Adopted on: 12/14/98

Reviewed on: 11/09/201016

Revised on:17

In-Service Conference for Trustees

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THE BOARD OF TRUSTEES

Therefore the Board of Trustees directs trustees and the administration to maximize the value of19 our membership dues through use of the dues based services available through MTSBA on20 routine legal matters, policy issues, collective bargaining matters, human resource, training and21 advocacy matters. Prior approval from the Board is required prior to expending District funds on22 services that are otherwise available through MTSBA without a charge beyond dues2423

Legal Reference: § 20 1 211, MCA Expenses of officers or employees attending25 conventions education associations26

The Board is a dues paying member of the Montana School Boards Association (MTSBA)7 Since the Association provides a variety of dues based benefits and services in response to8 members’ needs and develops and implements a legislative program at the direction of its9 members, Board members are encouraged to participate in the governance and dues based10 services of the Association

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Given the complex nature of both state and federal laws applicable to school districts and the13 vast resources available through MTSBA to assist our school district as a member, it is essential14 to the governance and operations of our District that the Board of Trustees and administration15 take advantage of the dues based services available through MTSBA on legal, policy, human16 resource, collective bargaining, training, advocacy and other issues that impact and affect our17 District.18

Utilization of Montana School Boards Association

THE BOARD OF TRUSTEES

Lame Deer Public Schools

Policy History:27 Adopted on: 11/09/201028 Reviewed on:29 Revised on:30

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The District requests all individuals to use this complaint procedure, when the individual13 believes the Board or its employees or agents have violated the individual’s rights under state or14 federal law or Board policy.

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When a complaint alleges violation of Board policy or procedure, the building administrator will44 investigate and attempt to resolve the complaint. The administrator will respond in writing to the45 complaint, within thirty (30) calendar days of the administrator’s receipt of the complaint.46

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The District will endeavor to respond to and resolve complaints without resorting to this formal17 complaint procedure and, when a complaint is filed, to address the complaint promptly and18 equitably. The right of a person to prompt and equitable resolution of a complaint filed hereunder19 will not be impaired by a person’s pursuit of other remedies. Use of this complaint procedure is20 not a prerequisite to pursue other remedies and use of this complaint procedure does not extend21 any filing deadline related to pursuit of other remedies.

When a complaint has not been or cannot be resolved at Level 1, an individual may file a signed36 and dated written complaint stating: (1) the nature of the complaint; (2) a description of the event37 or incident giving rise to the complaint, including any school personnel involved; and (3) the38 remedy or resolution requested. The written complaint must be filed within thirty (30) calendar39 days of the event or incident or from the date an individual could reasonably become aware of40 such event or incident. The applicability of the deadline is subject to review by the41 Superintendent to ensure the intent of this uniform complaint procedure is honored.

The Board establishes this Uniform Complaint Procedure as a means to address complaints7 arising within the District. This Uniform Complaint Procedure is intended to be used for all8 complaints except those governed by a specific process in state or federal law that supersedes9 this process or collective bargaining agreement. Matters covered by a collective bargaining10 agreement will be reviewed in accordance with the terms of the applicable agreement.

An individual with a complaint is first encouraged to discuss it with the appropriate employee or29 building administrator, with the objective of resolving the matter promptly and informally. An30 exception is that a complaint of sexual harassment should be discussed directly with an31 administrator not involved in the alleged harassment.

Deadlines requiring District action in this procedure may be extended for reasons related but not24 limited to the District’s retention of legal counsel and District investigatory procedures.

THE BOARD OF TRUSTEES

Uniform Complaint Procedure

Level 1: Informal

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Level 2: Building Administrator

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If the complainant reason to believe the Superintendent’s decision was made in error, the27 complainant may request, in writing, that the Board consider an appeal of the Superintendent’s28 decision. (See Level 4.) This request must be submitted in writing to the Superintendent, within29 fifteen (15) calendar days of the Superintendent’s written response to the complaint, for30 transmission to the Board.

Level 4: The Board

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Upon written appeal of a complaint alleging a violation the individual’s rights under state or35 federal law or Board policy upon which the Board of Trustees has authority to remedy, the Board36 may consider the Superintendent’s decision in Level 2 or 3. Upon receipt of written request for37 appeal, the Chair will either: (1) place the appeal on the agenda of a regular or special Board38 meeting, (2) appoint an appeals panel of not less than three trustees to hear the appeal and make39 a recommendation to the Board, or (3) respond to the complaint with an explanation of why the40 appeal will not be heard by the Board of Trustees in accordance with this policy. If the Chair41 appoints a panel to consider the appeal, the panel will meet to consider the appeal and then make42 written recommendation to the full Board. The Board will report its decision on the appeal, in43 writing, to all parties, within thirty (30) calendar days of the Board meeting at which the Board44 considered the appeal or the recommendation of the panel. A decision of the Board is final,45 unless it is appealed pursuant to Montana law within the period provided by law46

If the complainant has reason to believe the administrator’s decision was made in error, the2 complainant may request, in writing, that the Superintendent review the3 administrator’s decision. (See Level 3.) This request must be submitted to the Superintendent4 within fifteen (15) calendar days of the administrator’s decision.

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Level 3: Superintendent

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When a complaint alleges sexual harassment or a violation of Title IX of the Education7 Amendments of 1972 (the Civil Rights Act), Title II of the Americans with Disabilities Act of8 1990, or Section 504 of the Rehabilitation Act of 1973, the building administrator may turn the9 complaint over to a District nondiscrimination coordinator. The coordinator will complete an10 investigation and file a report and recommendation with the Superintendent. reason to believe the11 Superintendent’s decision was made in error. The complainant may request, in writing, that the12 Board consider an appeal of the Superintendent’s decision. (See Level 4.) This request must be13 submitted in writing to the Superintendent, within fifteen (15) calendar days of the14 Superintendent’s written response to the complaint, for transmission to the Board.

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If the complainant appeals the administrator’s decision provided for in Level 2, the19 Superintendent will review the complaint and the administrator’s decision. The Superintendent20 will respond in writing to the appeal, within thirty (30) calendar days of the Superintendent’s21 receipt of the written appeal. In responding to the appeal, the Superintendent may: (1) meet with22 the parties involved in the complaint; (2) conduct a separate or supplementary investigation; (3)23 engage an outside investigator or other District employees to assist with the appeal; and/or (4)24 take other steps appropriate or helpful in resolving the complaint.

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Legal Reference: Title IX of the Education Amendments of 1972 (Civil Rights Act)2 Title II of the Americans with Disabilities Act of 19903 § 504 of the Rehabilitation Act of 1973

Policy History:8 Adopted on: 12/14/989 Reviewed on:10 Revised on: 11/09/2010, 1/10/2211

Policy History:76

➢ Were other individuals involved in the incident(s)? ? yes ?no23 If so, name the individual(s) and explain their role(s).

22212019

➢ Did anyone witness the incident(s)? ? yes ? no29 If so, name the witness(es).

➢ Relief sought

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(If you feel uncomfortable leaving your name, you may submit an anonymous report, but please understand that an8 anonymous report will be much more difficult to investigate. We assure you that we’ll use our best efforts to keep9 your report confidential.)

➢ Date(s), time(s), and place(s) the incident(s) occurred.

➢ Were there any prior incidents? ? yes ?no40 If so, describe any prior incidents.

Signature of Complainant

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➢ Who was responsible for the harassment or incident(s)? _________

Name______________________________________________ Date7

➢ Did you take any action in response to the incident? ? yes ? no34 If yes, what action did you take? _______________

Policy History:53 Adoption on: 04/13/2015 Revised on:55 Reviewed: 1/10/22

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➢ Describe the incident(s). _______________________________________________

UNIFORM COMPLAINT FORM

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Signature(s) of parents/legal guardians

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R 2311 Instructional Materials

R 2105 Grade Organization 2110 Objectives

TABLEINSTRUCTIONSERIESOFCONTENTS

R 2312P Copyright Compliance

R 2309 Library Materials

R 2160 2160P Title I Parent Involvement

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

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

R 2413 Credit Transfer and Assessment for Placement 2420 Grading and Progress Reports 2421 Promotion and Retention

R 2450 Recognition of Native American Cultural Heritage

2170-2170P Digital Academy 2171 Significant Writing 2221 School Closure

2168 Distance Learning Courses

R 2310 2310P Selection of Library Materials

LAME DEER SCHOOL DISTRICT

R 2132 Student and Family Privacy Rights 2140 Guidance and Counseling 2150 Suicide Prevention 2151 Interscholastic Activities 2158 Family Engagement

R 2000 Goals

R = required 2000

R 2161 2161P Special Education

2163 Traffic Education 2166 Gifted Program

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

R 2312 Copyright

R 2100 School Year Calendar and Day

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

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

R 2333 Participation in Commencement Exercises 2335 Health Enhancement 2410 2410P High School Graduation Requirements

R 2510 2510P School Wellness

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2500 Limited English Proficiency Program

2600 2600P Work Experience Program

Animals/Pets in Schools

• To stimulate intellectual curiosity and growth.12

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

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

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• A plan for new or revised instructional program implementations; and28

• To help each student strive for excellence and instill a desire to reach the limit of his or16 her potential.17

INSTRUCTION

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:2322

• 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;27

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

• To provide fundamental career concepts and skills.

• A review and evaluation of the present curriculum;24

• A projection of curriculum and resource needs;25

• To help the student develop sensitivity to the needs and values of others and respect for14 individual and group differences.

Goals

• A review of present and future facility needs.

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Legal Reference: 10.55.701, ARM Board of Trustees3433

Policy History:35 Adopted on: 12/14/9836 Reviewed on: 11/09/201037 Revised on:38

The District’s educational program will seek to provide an opportunity for each child to develop7 to his or her maximum potential. The objectives for the educational program are:98

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

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Subject to §§ 20 1 301 and 20 1 308, MCA, and any applicable collective bargaining agreement8 covering the employment of affected employees, the trustees of a school district shall set the9 number of hours in a school term, the length of the school day, and the number of school days in10 a school week. When proposing to adopt changes to a previously adopted school term, school11 week, or school day, the trustees shall: (a) negotiate the changes with the recognized collective12 bargaining unit representing the employees affected by the changes; (b) solicit input from the13 employees affected by the changes but not represented by a collective bargaining agreement; (c)14 and from the people who live within the boundaries of the school district.

Teachers and students will devote a portion of the day on each commemorative holiday18 designated in § 20 1 306, MCA, to study and honor the commemorated person or occasion. The19 Board may from time to time designate a regular school day as a commemorative holiday.

School Year Calendar and Day

Commemorative Holidays17

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

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

Pupil instruction may be held on a Saturday at the discretion of a school district for the purpose23 of providing additional pupil instruction, provided that: (a) Saturday school is not a pupil24 instruction day and does not count toward the minimum aggregate hours of pupil instruction; and25 (b) student attendance is voluntary.

School Fiscal Year2928

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

The minimum aggregate hours, described above, are not required for any pupil demonstrating37 proficiency pursuant to 20-9-311(4)(d), MCA.

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

3. Parent/teacher conferences; and44

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R21 INSTRUCTION 21003 page 1 of 24

School Calendar7

Saturday School22

At least the minimum number of aggregate hours must be conducted during each school fiscal30 year. The minimum aggregate hours required by grade are:31 (a) A minimum of 360 aggregate hours for a kindergarten program;32 (b) 720 hours for grades 1 through 3;33 (c) 1,080 hours for grades 4 through 12; and34 (d) 1,050 hours may be sufficient for graduating seniors.3635

Legal References:

ARM 10.55.906 High School Credit

§ 20 1 301, MCA School fiscal year4

§ 20-1-302, MCA School day and week5

§ 20 1 303, MCA Conduct of School on Saturday or Sunday6 prohibited exceptions7

15141312

ARM 10.55.701 Board of Trustees10

ARM 10.65.101 103 Pupil Instruction Related Days11

Policy History:16

Reviewed on:18 Revised on: 10/11/05, 12/812/06, 2/11/07, 11/09/2010, 08/09/2011, 1/10/2219

§ 20 1 306, MCA Commemorative exercises on certain days9

Adopted on: 12/14/9817

§ 20 1 304, MCA Pupil instruction related day8

109

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

Lame Deer Public Schools

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.

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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Policy History:26 Adopted on: 12/14/9827 Reviewed on: 11/09/201028 Revised on: 03/09/0429

INSTRUCTION

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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.

Grade Organization

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Legal Reference: § 20 6 501, MCA Definition of various schools2524

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2. Learning materials and methods of instruction considered to be most appropriate to the18 student’s learning style; and

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The Superintendent is directed to develop instructional programs which will enable each student13 to learn at the student’s best rate. The instructional program will strive to provide for:

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

INSTRUCTION

The Board acknowledges its responsibility to develop and implement a curriculum designed to9 provide for sequential intellectual and skill development necessary for students to progress on a10 continuous basis from elementary through secondary school.

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Objectives

2019

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

Each year, the Superintendent will determine the degree to which such instructional programs are23 being developed and implemented. Accomplishment reports submitted annually will provide the24 Board with the necessary information to make future program improvement decisions.

Continuous Progress Education

Policy History:29 Adopted on: 03/08/0530 Reviewed on: 11/09/201031 Revised on: 1/10/2232

212043

A written sequential curriculum will be developed for each subject area. The curricula will address15 learner goals, content and program area performance standards, and District education goals and will be16 constructed to include such parts of education as content, skills, and thinking. A curriculum review cycle17 and timelines for curriculum development and evaluations will be developed, as well.

Cross Reference: 2000 Goals 2110 Objectives

Reviewed on: 11/09/2010 on: 1/0/22

Adopted on: 12/14/98

INSTRUCTION

Curriculum Development and Assessment

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Legal Reference: § 20 3 324, MCA Powers and duties § 20 4 402, MCA Duties of district superintendent or county high school principal 20 7 602, MCA Textbook selection and adoption ARM Curriculum and Assessment

Policy History:

2423

The Board is responsible for curriculum adoption and must approve all significant changes, including the7 adoption of new textbooks and new courses, before such changes are made. The Superintendent is8 responsible for making curriculum recommendations. The curriculum will be designed to accomplish9 learning objectives and goals for excellence contained in the District’s educational philosophy, mission10 statement, objectives, and goals.

The staff and administration will suggest materials and resources, to include supplies, books, materials,20 and equipment necessary for development and implementation of the curriculum and assessment, which21 are consistent with goals of the education program. These materials will be reviewed at least every five22 (5) years.

In all program areas and at all levels, the District will assess student progress toward achieving learner25 goals and program area performance standards, including content and data; accomplishment of26 appropriate skills; development of critical thinking and reasoning; and attitude. The District will use27 assessment results to improve the education program and will use effective and appropriate tools for28 assessing such progress. These may include but are not limited to standardized tests; criterion referenced29 tests; teacher made tests; ongoing classroom evaluation; actual communication assessments such as30 writing, speaking, and listening assessments; samples of student work and/or narrative reports passed31 from grade to grade; samples of students’ creative and/or performance work; and surveys of carryover skills to other program areas and outside of school.

42 10.55.603,

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41 §

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Development and Assessment

48 Revised

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

INSTRUCTION

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

26252423

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

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

213043

Adopted on: 03/09/0432

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

1413

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Parents who wish to examine any assessment materials may do so by contacting the building18 principal. Parental approval is necessary before administering an individual intelligence test or a19 diagnostic personality test. No tests or measurement devices which include questions about a20 student’s or the student’s family’s personal beliefs and practices in family life, morality, and21 religion will be administered, unless the parent gives written permission for the student to take22 such test, questionnaire, or examination.

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Reviewed on: 11/09/201033 Revised on:34

Policy History:31

Program Evaluation and Diagnostic Tests

Student and Family Privacy Rights

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.

This section applies to every survey: (1) that is created by a person or entity other than a District20 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.

2322

1. Political affiliations or beliefs of the student or the student’s parent/guardian;29

7. Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian;37

The student’s parent(s)/guardian(s) may:4241

Surveys Created by a Third Party

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:2827

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4. Illegal, antisocial, self incriminating, or demeaning behavior;32

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Surveys General

3. Behavior or attitudes about sex;31

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

8. Income (other than that required by law to determine eligibility for participation in a38 program or for receiving financial assistance under such program).4039

Before the District administers or distributes a survey created by a third party to a student, the16 student’s parent(s)/guardian(s) may inspect the survey upon request and within a reasonable time17 of their request.

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

1918

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2. Mental or psychological problems of the student or the student’s family;30

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

5. Critical appraisals of other individuals with whom students have close family33 relationships;34

Instructional Material

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.

1514

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Notification of Rights and Procedures

1312

Collection of Personal Information from Students for Marketing Prohibited

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

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

4544

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.

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

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:2928

2019

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.

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.

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

3. Curriculum and instructional materials used by elementary schools and secondary32 schools;33

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

6. Student recognition programs.4140

4342

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

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

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.

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

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

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.

Legal Reference: 20 U.S.C. 1232h Protection of Pupil Rights2322

1716151413

Cross Reference: 2311 Instructional Materials18 3200 Student Rights and Responsibilities19 3410 Student Health/Physical Screenings/Examinations2120

Policy History:24 Adopted on: 12/14/9825 Reviewed on:26 Revised on: 10/15/02, 11/09/201027

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8. Assist students in developing a sense of belonging and self respect.3130

3. Refer students with special needs to appropriate specialists and agencies.2019

Policy History:44

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.109

Adopted on: 12/14/9845

1. Provide staff with meaningful information which can be utilized to improve educational services14 offered to individual students.

6. Provide for a follow up of students who further their education and/or move into the world of25 work.2726

9. Have information available about nicotine addiction services and referrals to tobacco cessation32 programs to students and staff.3433

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5. Assist teachers and administrators in meeting academic, social, and emotional needs of students.2423

All staff will encourage students to explore and develop their individual interests in career and vocational35 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.3938

Reviewed on:46 Revised on:11/09/201047

INSTRUCTION

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 Equity4342

4. Aid students in identifying options and making choices about their educational program.2221

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Guidance and Counseling

7. Solicit feedback from students, staff, and parents, for purposes of program improvement.2928

2. Provide students with planned opportunities to develop future career and educational plans.1817

The general goal of this program is to help students achieve the greatest personal value from their11 educational opportunities. Such a program should:1312

Professional Development8

The Board authorizes the Administration and appropriate District staff to develop procedures to28 address matters related to suicide prevention and response that:

A. Promote collaboration with families and with community providers in all aspects of31 suicide prevention and response;32

E. Provide for leadership, planning, and support for students and school personnel to ensure38 appropriate responses to attempted or completed suicides.

This policy will be reviewed by the Board of Trustees on a regular basis.46

Lame Deer Public Schools

D. Self review modules available online; and23

B. Videoconference;21

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The District will provide, at a minimum, two (2) hours of youth suicide awareness and13 prevention training every five (5) years. All new employees who work directly with any student14 enrolled in the school district will be provided two (2) hours of training the first year of15 employment.

The District will provide professional development on youth suicide awareness and prevention to9 each employee of the district who work directly with any students enrolled in the school district.10 The training materials will be approved by the Office of Public Instruction (OPI).

Suicide Awareness and Prevention

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Prevention and Response27

C. Promote interagency cooperation that enables school personnel to identify and access34 appropriate community resources for use in times of crisis;35

4039

No cause of action may be brought for any loss or damage caused by any act or admission41 resulting from the implementation of the provisions of this policy or resulting from any training,42 or lack of training, related to this policy. Nothing in this policy shall be construed to impose a43 specific duty of care.

C. An individual program of study of designated materials;22

B. Include high quality intervention services for students;33

D. Include reintegration of youth into a school following a crisis, hospitalization, or36 residential treatment;37

E. Any other method chosen by the local school board that is consistent with professional24 development standards.2625

A. In person attendance at a live training;20

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Youth suicide and prevention training may include:1918

21 INSTRUCTION 21503 Page 1 of 254

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Legal Reference: § 20 7 1310, MCA Youth suicide awareness and prevention training4 ARM 10.55.720 Suicide Prevention and Response

765

Policy History:8 Adopted on: 1/10/229 Reviewed on:10 Revised on:11

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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.

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.

35343332

Cross Reference: 3416 Administering Medicines to Students

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 issued14 equipment which has been properly maintained and fitted.

INSTRUCTION

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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. A participant will be free of injury and will have fully recovered from illness before27 participating in any event. The participant must present a doctors release to the Athletic Director28 or a parent release if the participant did not go to the doctor.

Interscholastic Activities

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Coaches and/or trainers may not issue medicine of any type to students. This provision does not31 preclude the coach and/or trainer from using approved first aid items.

Legal Reference: 10.55.707, ARM Teacher and Specialist Licensure38 37.111.825, ARM Health Supervision and Maintenance

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Policy History:41 Adopted on: 03/09/0442 Reviewed on:43 Revised on: 10/11/05, 11/09/2010

participation Signature Required Regardless of Insurance Coverage: Student Athlete __________(Please Print) Parent/Guardian _________________________________________________________(Signature) Date: __________________________________________________________________

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 School Activity.

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

LAME DEER SCHOOL ATHLETICS INFORMED CONSENT AND INSURANCE VERIFICATION FORM

Thecircumstances.SchoolDistrict

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. have personal medical insurance to cover the student’s participation do not have personal medical insurance 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

____ I

: INSURANCE (Company Name) ____________________________________________ Policy # ________________________________________________________________ ____ I

4. Empower parents to be advocates for their own and other children, to ensure that students36 are treated equitably and have access to learning opportunities that will support their37 success;3938

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1. Promote families to actively participate in the life of the school and feel welcomed,25 valued, and connected to each other, to school staff, and to what students are learning and26 doing in class;2827

The Board of Trustees recognizes the importance of eliminating barriers that impede19 parent/family involvement, thereby facilitating an environment that encourages collaboration20 with parents, families and other members of the community. Therefore, the district will develop21 and implement a plan to facilitate parent/family involvement that shall include the following six22 (6) goals:2423

5. Encourage families and school staff to be partners in decisions that affect children and40 families and together inform, influence, and create policies, practices, and programs; and

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The Board of Trustees believes that engaging parents/families in the education process is8 essential to improved academic success for students. The Board recognizes that a student's9 education is a responsibility shared by the district, parents, families and other members of the10 community during the entire time a student attends school. The Board believes that the district11 must create an environment that is conducive to learning and that strong, comprehensive12 parent/family involvement is an important component. Parent/Family involvement in education13 requires a cooperative effort with roles for the Office of Public Instruction (OPI), the district,14 parents/families and the community.

3. Promote families and school staff to continuously collaborate to support student learning32 and healthy development both at home and at school and have regular opportunities to33 strengthen their knowledge and skills to do so effectively;3534

Family Engagement Policy

Parent/Family Involvement Goals and Plan

2. Promote families and school staff to engage in regular, two way meaningful29 communication about student learning;3130

6. Encourage families and school staff to collaborate with members of the community to43 connect students, families, and staff to expand learning opportunities, community44 services, and civic participation.

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Policy History:43 Adopted on: 1/10/2244

Reviewed on:45 Revised on:46

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• Keeping parents/families informed of opportunities for involvement and encouraging15 participation in various programs.

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3. Enable families to participate in the education of their children through a variety of roles.24 For example, parents/family members should be given opportunities to provide input into25 district policies and volunteer time within the classrooms and school programs.

1. Provide activities that will educate parents regarding the intellectual and developmental6 needs of their children at all age levels. This will include promoting cooperation between7 the district and other agencies or school/community groups (such as parent teacher8 groups, Head Start, etc.) to furnish learning opportunities and disseminate information9 regarding parenting skills and child/adolescent development.

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4. Provide professional development opportunities for teachers and staff to enhance their28 understanding of effective parent/family involvement strategies.

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• Providing access to educational resources for parents/families to use together with their18 children.

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

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

• Keeping parents/families informed of the objectives of district educational programs as21 well as of their child's participation and progress within these programs.

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5. Perform regular evaluations of parent/family involvement at each school and at the31 district level.

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

6. Provide access, upon request, to any instructional material used as part of the educational34 curriculum.

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Legal Reference: 10.55.701(2)(m) Board of Trustees

At the required annual meeting of Title I parents and family members (including parents and21 families of migrant students if applicable), parents and family members will have opportunities22 to participate in the design, development, operation, and evaluation of the program for the next23 school year. Proposed activities to fulfill the requirements necessary to address the requirements24 of family engagement goals shall be presented.

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Schools R21 INSTRUCTION 21603 page 1 of 24

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3. Opportunities to formulate suggestions and to participate, as appropriate, in decisions38 relating to the education of their children; and4039

4. The opportunity to bring parent comments, if they are dissatisfied with the school’s Title41 I program, to the District level.4342

Title I funding, if sufficient, may be used to facilitate parent attendance at meetings, through44 payment of transportation and childcare costs.

1. Information about programs provided under Title I;3332

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In addition to the required annual meeting, at least three (3) additional meetings shall be held at27 various times of the day and/or evening for parents and family members of children (including28 parents and families of migrant children if applicable) participating in the Title I program. These29 meetings shall be used to provide parents with:3130

2. A description and explanation of the curriculum in use, the forms of academic assessment34 used to measure student progress, and the proficiency levels students are expected to35 meet;3736

Title I Parent and Family Engagement

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Pursuant to federal law the District will develop jointly with, agree upon with, and distribute to15 parents of children participating in the Title I program a written parent and family engagement16 policy. This may include meaningful consultation with employers, business leaders, and17 philanthropic organizations, or individuals with expertise in effectively engaging parents and18 family members in education.

The District endorses the parent and family engagement goals of Title I and encourages the7 regular participation of parents and family members (including parents and families of migrant8 students if applicable) of Title I eligible children in all aspects of the program to establish the9 agency’s expectations and objectives for meaningful parent and family involvement. The10 education of children is viewed as a cooperative effort among the parents, family members,11 school, and community. In this policy the word “parent” also includes guardians and other12 family members involved in supervising the child’s schools.

The parents and family members of children (including parents and families of migrant children1 if applicable) identified to participate in Title I programs shall receive from the school principal2 and Title I staff an explanation of the reasons supporting each child’s selection for the program, a3 set of objectives to be addressed, and a description of the services to be provided. Opportunities4 will be provided for the parents and family members to meet with the classroom and Title I5 teachers to discuss their child’s progress. Parents will also receive guidance as to how they can6 assist at home in the education of their children.

Revised on: 11/09/2010, 1/10/22

Reviewed on:41

NOTE: Districts with more than one (1) school participating in a Title I program may wish to32 consider the establishment of a district wide parent advisory council.

Each school in the District receiving Title I funds shall develop jointly with parents and family9 members of children served in the program a “School Parent Compact” outlining the manner in10 which parents, school staff, and students share the responsibility for improved student academic11 achievement in meeting state standards. The “School Parent Compact” shall:

1. Describe the school’s responsibility to provide high quality curriculum and instruction in14 a supportive and effective learning environment enabling children in the Title I program15 to meet the state’s academic achievement standards;

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2. Indicate the ways in which each parent will be responsible for supporting their child’s18 learning, such as monitoring attendance, homework completion, and television watching;19 volunteering in the classroom; and participating, as appropriate, in decisions related to20 their child’s education and positive use of extracurricular time; and

3. Address the importance of parent teacher communication on an ongoing basis with, at a23 minimum, parent teacher conferences, frequent reports to parents, and reasonable access24 to staff.

Adopted on: 12/14/9840

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Policy History:39

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Legal Reference: Title I of the Elementary and Secondary Education Act35 20 U.S.C. §§ 6301 651436 § 1116 Every Student Succeeds Act

The activities authorized under this policy may include establishing a parent advisory board27 comprised of a sufficient number and representative group of parents or family members served28 by the district to adequately represent the needs of the population served by the district for the29 purposes of developing, revising, and reviewing the parent and family engagement policy.

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A. To assure that state and local services are provided in Title I schools at least equivalent to7 such services in non Title I schools, these policies will be observed in the School District.

Curriculum materials and instructional supplies will be provided to schools with the24 same grade spans on a per-pupil cost factor to assure that all children have access to25 the same level of state and local resources regardless of whether they attend a Title I26 or non Title I school.

In order to achieve the level of Title I parent involvement desired by District policy on this topic,31 these procedures guide the development of each school’s annual plan designed to foster a cooperative32 effort among parents, school, and community.

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

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3. Curriculum Materials and Instructional Supplies2322

Roles and Responsibilities

Title I Parent Involvement

• Home support for the child’s education;

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• Volunteering; Parent education;

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39 •

The District wide salary scales will be applicable to all staff whether assigned to Title12 I or non Title I schools.

1. Salary Scales

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2. Assignment of Teachers, Administrators, and Support Personnel

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• Parent participation in school decision making.

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Assignment of teachers, administrators, and support personnel will be made in such a17 way to assure that the numbers of students per staff person in Title I schools shall be18 equivalent to the average number of students per staff person in relevant comparison19 schools (i.e., non Title I or other Title I schools).

The school system will provide opportunities for professional development and resources for staff44 and parents/community regarding effective parent involvement practices.

Title I Equivalency/Comparability

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Guidelines

Promulgated on: 05/13/03

Reviewed on:46 Revised on: 11/09/2010

Procedure History:44

• Be aware of rules and regulations of school;9

• Be aware of rules and regulations of the school;29

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Administration

• Develop and implement a school plan for parent involvement;

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• Facilitate and implement the Title I Parent Involvement Policy and Plan;36

It is the responsibility of the parent to:76

Community2625

• Send information to parents of Title I children in a format and, to the extent practicable, in a22 language the parents can understand.2423

Staff

Parents

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

• Actively communicate with school staff;8

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Community members who volunteer in the schools have the responsibility to:2827

• Utilize opportunities for participation in school activities.

• Provide training and space for parent involvement activities;37

• Promote and encourage parent involvement activities;

• Provide in service education to staff regarding the value and use of contributions of parents39 and how to communicate and work with parents as equal partners;40

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• Effectively and actively communicate with all parents about skills, knowledge, and attributes20 students are learning in school and suggestions for reinforcement;21

It is the responsibility of the administration to:

It is the responsibility of staff to:

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• Utilize opportunities for participation in school activities.

• Take an active role in the child’s education by reinforcing at home the skills and knowledge10 the student has learned in school;

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• Provide resources to support successful parent involvement practices;38

INSTRUCTION

Policy History:25 Adopted on: 12/14/9826 Reviewed on: 11/09/201027 Revised on:28

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Legal Reference: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.21 Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.22 § 20 7 Part Four, MCA Special Education for Exceptional Children2423

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.

Special Education

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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.

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The District may maintain membership in one or more cooperative associations which may assist16 in fulfilling the District’s obligations to its disabled students.

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B. Preschool (Ages 3 through 5)35

The District shall be responsible for the coordination and management of locating, identifying,9 and evaluating all disabled children ages zero ( 0 ) through twenty one (21). Appropriate staff10 will design the District’s Child Find plan in compliance with all state and federal requirements11 and with assistance from special education personnel who are delegated responsibility for12 implementing the plan.

Procedures for referral of infants and toddlers to the appropriate early intervention33 agency, or procedures for conducting child find.34

The District’s plan will contain procedures for identifying suspected disabled students in private15 schools as identified in 34 C.F.R. 530.130 and 530.131(f), students who are home schooled,16 homeless children, as well as public facilities located within the geographic boundaries of the17 District. These procedures shall include screening and development criteria for further18 assessment. The plan must include locating, identifying, and evaluating highly mobile children19 with disabilities and children who are suspected of being a child with a disability and in need of20 special education, even though the child is and has been advancing from grade to grade. The21 District’s Child Find Plan must set forth the following:

Referral procedures, including teacher assistance teams, parent referrals, and40 referrals from other sources; and follow up procedures for referral and evaluation.41

Lame Public

4. Procedures for Child Find Activities (including audiological, health, speech/language,28 and visual screening and review of data or records for students who have been or are29 being considered for retention, delayed admittance, long term suspension or expulsion or30 waiver of learner outcomes) in each of the following age groups:31

D. Post School (Ages 19 through 21)42

Part C Transition planning conferences; frequency and location of screenings;36 coordination with other agencies; follow up procedures for referral and37 evaluation; and procedures for responding to individual referrals.38

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Individuals who have not graduated from high school with a regular diploma and43 who were not previously identified. Describe coordination efforts with other44 agencies.

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1. Procedures used to annually inform the public of all child find activities, for children zero24 through twenty one;25

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

2. Identity of the special education coordinator;26

C. In School (Ages 6 through 18)39

Child Find

A. Infants and Toddlers (Birth through Age 2)32

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Special Education

E. Private Schools (This includes home schools.)4

A copy of the procedural safeguards available to the parents of a child with a disability must be43 given to the parents only one (1) time a school year, except that a copy also must be given to the44 parents:

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(A) a child in the first year that the child is admitted to a school of the13 district up to grade 2; and14

(B) a child who has not been previously screened by the district and who15 fails to meet grade level reading benchmarks in any grade;

The District implements the procedural safeguard procedures as identified in 34 C.F.R. 300.50040 300.530.4241

Child find procedures addressing the provisions of A.R.M. 10.16.3125(1); follow-5 up procedures for referral and evaluation.6

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The School District shall establish procedures to ensure that all resident children9 with disabilities, including specific learning disabilities resulting from dyslexia,10 are identified and evaluated for special education and related services as early as11 possible. The screening instrument must be administered to:12

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If a screening suggests that a child may have dyslexia or a medical professional22 diagnosis a child with dyslexia, the child's school district shall take steps to23 identify the specific needs of the child and implement best practice interventions24 to address those needs. This process may lead to consideration of the child's25 qualification as a child with a disability under this policy.2726

The screening instrument shall be administered by an individual with an18 understanding of, and training to identify, signs of dyslexia designed to assess19 developmentally appropriate phonological and phonemic awareness skills.

Procedures for evaluation and determination of eligibility for special education and related30 services are conducted in accordance with the procedures and requirements of 34 C.F.R.31 300.301 300.311 and the following state administrative rules:3332 10.16.3320 Referral;34 10.60.103 Identification of Children with Disabilities;35 10.16.3321 Comprehensive Educational Evaluation Process;3736

Procedural Safeguards and Parental Notification3938

G. Dyslexia8

Procedures for Evaluation and Determination of Eligibility2928

F. Homeless Children7

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The District shall give written notice to the parent of its recommendation to evaluate or not to23 evaluate the student. The parent will be fully informed concerning the reasons for which the24 consent to evaluate is sought. Written parental consent will be obtained before conducting the25 initial evaluation or before reevaluating the student.

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• Upon initial referral or parent request for evaluation;4

A public agency also may place a current copy of the procedural safeguard notice on its internet13 website, if a website exists. [34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]

• Upon request by a parent.

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Evaluation of eligibility for special education services will be consistent with the requirements of36 34 C.F.R. 300.301 through 300.311 regarding Procedures for Evaluation and Determination of37 Eligibility; and shall also comply with A.R.M. 10.16.3321.

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• Upon receipt of the first state complaint under 34 CFR 300.151 through 300.153 and5 upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;6

Evaluation of Eligibility

Least Restrictive Environment

• In accordance with the discipline procedures in 34 CFR 300.530(h) (…on the date on7 which the decision is made to make a removal that constitutes a change of placement of a8 child with a disability because of a violation of a code of student conduct, the LEA9 must…provide the parents the procedural safeguards notice); and10

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The referral for special education consideration may be initiated from any source, including16 school personnel. To initiate the process, an official referral form must be completed and signed17 by the person making the referral. The District shall accommodate a parent who cannot speak18 English and therefore cannot complete the District referral form. Recognizing that the referral19 form is a legal document, District personnel with knowledge of the referral shall bring the20 referral promptly to the attention of the Evaluation Team.

The recommendation to conduct an initial evaluation or reevaluation shall be presented to the28 parents in their native language or another mode of communication appropriate to the parent. An29 explanation of all the procedural safeguards shall be made available to the parents when their30 consent for evaluation is sought. These safeguards will include a statement of the parents’ rights31 relative to granting the consent.

Individualized Education Programs

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

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Children in Private Schools/Out of District Placement

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Children with a disability placed in or referred to a private school or facility by the District, or15 other appropriate agency, shall receive special education and related services in accordance with16 the requirements and procedures of 34 C.F.R. 300.145 through 300.147 and A.R.M. 10.16.3122.

To the maximum extent appropriate, children with disabilities, including children in public or4 private institutions or other care facilities, are educated with children who are nondisabled, and5 special classes, separate schooling, or other removal of children with disabilities from the regular6 class occurs only if the nature or severity of the disability is such that education in regular7 classes, with the use of supplementary aids and services, cannot be achieved satisfactorily.8 Educational placement decisions are made in accordance with A.R.M. 10.16.3340 and the9 requirements of 34 C.F.R. 300.114 300.120, and a continuum of alternate placements is10 available as required in 34 C.F.R. 300.551.

Impartial Due Process Hearing

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B. Access Rights3938

Special Education Records and Confidentiality of Personally Identifiable Information

A. Confidentiality of Information

Parents of disabled students and students eighteen (18) years or older, or their representative,40 may review any educational records which are designated as student records collected,41 maintained, and used by the District. Review shall normally occur within five (5) school days42 and in no case longer than forty five (45) days. Parents shall have the right to an explanation or43 interpretation of information contained in the record. Non custodial parents shall have the same44 right of access as custodial parents, unless there is a legally binding document specifically45 removing that right.46

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The District follows the provisions under the Family Educational Rights and Privacy Act and34 implements the procedures in 34 C.F.R. 300.610 300.627, § 20 1 213, MCA, and A.R.M.35 10.16.3560.

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As set forth under 34 C.F.R. 300.137, children with a disability placed in or referred to a private19 school or facility by parents do not have an individual right to special education and related20 services at the District’s expense. When services are provided to children with disabilities21 placed by parents in private schools, the services will be in accordance with the requirements and22 procedures of 34. C.F.R. 300.130 through 300.144, and 300.148.

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The District shall conduct the impartial hearing in compliance with the Montana Administrative27 Rules on matters pertaining to special education controversies.

The District will inform parents five (5) years after the termination of special education services22 that personally identifiable information is no longer needed for program purposes. Medicaid23 reimbursement records must be retained for a period of at least six years and three months from24 the date on which the service was rendered or until any dispute or litigation concerning the25 services is resolved, whichever is later. The parent will be advised that such information may be26 important to establish eligibility for certain adult benefits. At the parent’s request, the record27 information shall either be destroyed or made available to the parent or to the student if eighteen28 (18) years or older. Reasonable effort shall be made to provide the parent with notification sixty29 (60) days prior to taking any action on destruction of records. Unless consent has been received30 from the parent to destroy the record, confidential information will be retained for five (5) years31 beyond legal school age.

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Students with disabilities may be suspended from school the same as students without disabilities42 for the same infractions or violations for up to ten (10) consecutive school days. Students with43 disabilities may be suspended for additional periods of not longer than ten (10) consecutive44 school days for separate, unrelated incidents, so long as such removals do not constitute a change45 in the student’s educational placement. However, for any additional days of removal over and46

E. Destruction of Information

F. Children’s Rights

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C. List of Types and Locations of Information.

D. Safeguards

Privacy rights shall be transferred from the parent to an adult student at the time the student36 attains eighteen (18) years of age, unless some form of legal guardianship has been designated37 due to the severity of the disabling condition.

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Discipline

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A list of the records maintained on disabled students shall be available in the District office.6 Disabled student records shall be located in the specific building Special Education office where7 they are available for review by authorized District personnel, parents, and adult students.8 Special education teachers will maintain an IEP file in their classrooms. These records will be9 maintained under the direct supervision of the teacher and will be located in a locked file cabinet.10 A record of access sheet in each special education file will specify the District personnel who11 have a legitimate interest in viewing these records.

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The District will identify in writing the employees who have access to personally identifiable16 information, and provide training on an annual basis to those staff members.

Legal Reference: 34 CFR 300.1, et seq. Individuals with Disabilities Act (IDEA)10 § 20 1 213, MCA Transfer of school records11

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above ten (10) school days in the same school year, the District will provide educational services4 to a disabled student, which will be determined in consultation with at least one (1) of the child’s5 teachers, determining the location in which services will be provided. The District will6 implement the disciplinary procedures in accord with the requirements of CFR 300.530 300.537.

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Procedure History:24 Promulgated on: 03/09/0425 Reviewed on:26 Revised on: 10/11/05, 10/10/07, 11/09/2010

10.16.3122 ARM Local Educational Agency Responsibility for12 Students with Disabilities13 10.16.3220 ARM Program Narrative14 10.16.3321 ARM Comprehensive Educational Evaluation Process15 10.16.3340 ARM Individualized Education Program and Placement16 Decisions17 10.16.3560 ARM Special Education Records18 10.60.103 ARM Identification of Children with Disabilities19 37.85.414 ARM Maintenance of Records and Auditing (Medicaid)20 Chapter 227 (2019) Montana Dyslexia Screening and Intervention Act

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

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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.

INSTRUCTION

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Schools R21

Legal Reference: Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 79419 34 C.F.R. 104.36 Procedural safeguards2120

Policy History:22

Adopted on: 11/09/201023

Reviewed on:24 Revised on:25

Lame Deer Public Schools R21 INSTRUCTION 2162P3 page 1 of 24

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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;

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

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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;

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;

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

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;

(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.

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;

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

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M. Appeals may be taken as provided by law. The parent or legal guardian may33 contact the Office of Civil Rights, 912 2nd Avenue, Seattle, WA 98714 1099;34 (206) 220 7900.

Procedure History:44 Promulgated on: 11/09/201045 Reviewed on:46

(2) Uniform Complaint Procedure. If a parent or legal guardian of the student alleges that37 the District and/or any employee of the District has engaged in discrimination or38 harassment of the student, the parent or legal guardian will be required to proceed39 through the District’s Uniform Complaint Procedure.

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L. Within twenty (20) days of the hearing, the hearing examiner should issue a30 written report of his/her decision to the parties;

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J. At the hearing, the District and the parent or legal guardian may be represented by14 counsel;

K. The hearing shall be conducted in an informal but orderly manner. Either party17 may request that the hearing be recorded. Should either party request that the18 hearing be recorded, it shall be recorded using either appropriate equipment or a19 court reporter. The District shall be allowed to present its case first. Thereafter20 the parent or legal guardian shall be allowed to present its case. Witnesses may21 be called to testify, and documentary evidence may be admitted; however,22 witnesses will not be subject to cross examination, and the Montana Rules of23 Evidence will not apply. The hearing officer shall make all decisions relating to24 the relevancy of all evidence intended to be presented by the parties. Once all25 evidence has been received, the hearing officer shall close the hearing. The26 hearing officer may request that both parties submit proposed findings of fact,27 conclusions, and decision;

I. Anytime prior to the hearing, the parties may mutually agree to submit the matter10 to mediation. A mediator may be selected from the Office of Public Instruction’s11 list of trained mediators;

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

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H. The hearing officer shall, in writing, notify all parties of the date, time, and7 location of the due process hearing;

factual issues;

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Revised on:1

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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.

INSTRUCTION

Policy History:31

Lame Deer Public Schools

Traffic Education

Legal Reference: § 20 7 502, MCA Duties of superintendent of public instruction25 § 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 Enrollment

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Adopted on: 12/14/9832 Reviewed on:33 Revised on: 11/09/201034

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

Lame Deer School District may provide a drivers’ training instruction program for students who7 live within the geographic boundaries of the public school district, whether or not they are8 enrolled in the public school district and provided that students enrolled in the course will have9 reached their fifteenth (15th) birthday within six (6) months of course completion and have not10 yet reached nineteen (19) years of age on or before September 10 of the school year in which the11 student participates in traffic education.

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.

INSTRUCTION

Lame Deer Public Schools

Adopted on: Reviewed09/14/16on: 2166

The District shall:

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

• 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.

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

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.

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

Gifted Program

Revised on:

INSTRUCTION

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3. The District will provide qualified instructors and/or facilitators as described in ARM24 10.55.907(3)(a)(b)(c);

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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.

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;

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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, video conferencing, streaming video).

Credit for distance learning courses may be granted, provided the following requirements are38 met:4039

The District may receive and/or provide distance, online, and technology delivered learning12 programs, provided the following requirements are met:

1. Prior permission has been granted by the principal;4241

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Distance, Online, and Technology-Delivered Learning

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

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

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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); and3029

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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;

2. The program fits the education plan submitted by the regularly enrolled student;4443

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The minimum aggregate hours are not required for any pupil demonstrating proficiency pursuant11 to 20 9 311(4)(d), MCA.

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

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ARM 10.55.907 Distance, Online, and Technology Delivered20 Learning

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Adopted on: 12/11/0724 Reviewed on: 11/09/201025 Revised on: 1/10/2226

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

ARM 10.55.906 High School Credit19

4. The course is needed as credit retrieval and cannot fit into the student’s schedule; and54

ARM 10.55.705 Administrative Personnel; Assignment of School17 Administrators/Principals18

Legal Reference: ARM 10.55.602 Definitions16

Policy History:23

Cross Reference: 2410 and 2410P High School Graduation Requirements

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INSTRUCTION

D. All online courses taken by the students will be approved by the administration in26 advance of enrollment.27

Reviewed on:40 Revised on:41

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The Superintendent, and/or designees, shall be responsible for developing procedures for the14 online learning program that meet the District standards.

The minimum aggregate hours are not required for any pupil demonstrating proficiency pursuant30 to 20 9 311(4)(d), MCA.

Legal Reference: §20 7 1201, MCA Montana digital academy purposes governance35 §20 7 1202, MCA Funding rulemaking authority

C. The curriculum requirements of the state and school district are met.25

Cross Reference: 2100 School Calendar and Day

217043

A. Online course providers are accredited by a nationally recognized accreditation19 program or agency or are approved and endorsed by the Montana Office of20 Public Instruction.21

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Further, the online learning solutions providers ensure that:1817

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Policy History:38 Adopted on: 1/10/2239

B. Qualified district staff provides information and guidance to students and parents22 regarding the selection of appropriate online courses to meet their needs, as well23 as a suitable number of online courses in which a student may enroll.24

Digital Academy Classes

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

The District recognizes that the District and students may have a need for greater flexibility in7 the educational program due to funding, teacher availability, individual learning styles, health8 conditions, employment responsibilities, lack of success in traditional school environments or a9 desire for students to accelerate their learning and work at the college level before leaving high10 school. The District acknowledges that online learning solutions offered by the Montana Digital11 Academy (MTDA) may fulfill these needs.

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5. Students who wish to take MTDA classes and participate in MHSA activities must follow all24 extra curricular eligibility rules.

6. Each spring the administration will present the MTDA course offerings to the Board for27 approval.

The District will allow students in grades 9 12 to enroll in the Montana Digital Academy11 program under the following conditions:

1817

2. A part time student must be enrolled for a minimum of two courses. This can be a16 combination of one in house class and one MTDA class, or two MTDA classes.

1. The student must be an enrolled student in the District.

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Digital Academy Classes

3. For Montana High School Association eligibility, the student must be enrolled for, and pass,19 any combination of four courses.

Policy History:30

2170P43

Adopted on: 1/10/2231 Reviewed on:32 Revised on:33

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4. The student will be required to take the class(es) in the school building, during school time.2322

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The District will permit a student to enroll in Montana Digital Academy (MDA) classes in order7 that such student may include a greater variety of learning experiences within the student’s8 educational program or enroll in a class for credit recovery

INSTRUCTION

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Reviewed on:17 Revised on:18

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Policy History:15

Legal References: 10.55.701(2) (p) ARM Board of Trustees 10.55.713 (4) ARM Teacher Load and Class Size

Adopted on: 1/10/2216

Significant Writing Program

The Board of Trustees has determined that incorporating an independent significant writing7 program in the District is not possible given the financial status of the district, the number of8 staff employed, and the time available within the class schedule. Writing will be incorporated in9 all aspects of the curriculum.

INSTRUCTION

The Superintendent may order closure of schools in the event of extreme weather or other7 emergency, in compliance with established procedures for notifying parents, students, and staff.98

15141312

Cross Reference: 8110 Bus Routes and Schedules

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INSTRUCTION

Legal Reference: §§ 20 9 801 802, MCA Emergency School Closure18 §§ 20 9 806, MCA School closure by declaration of emergency2019

Policy History:21 Adopted on: 12/14/9822 Reviewed on:23 Revised on: 10/11/05, 11/09/201024

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School Closure

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.

Policy History:31

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 building principal may9 assess fines for damaged or unreturned books.

22212019

Cross Reference: 1700 Uniform Complaint Procedure23 2314 Learning Materials Review2524

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Adopted on: 12/14/9832

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Reviewed on: 11/09/201033 Revised on: 03/09/0434

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.

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.

Legal Reference: § 20-4-402(5), MCA Duties of district superintendent or county high26 school principal27 § 20 7 203, MCA Trustees’ policies for school library28 § 20 7 204, MCA School library book selection3029

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INSTRUCTION

Library Materials

(NOTE: BY STATUTE, THE SUPERINTENDENT HAS AUTHORITY AND IS27 RESPONSIBLE FOR SELECTION OF LIBRARY MATERIALS, SUBJECT TO BOARD28 APPROVAL. THE SUPERINTENDENT AND BOARD MAY NOT WANT TO DELEGATE29 THIS RESPONSIBILITY.)

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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 that they become capable of contributing to the further good of that society.

Adopted on: 12/12/00

1918

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 School17 Library Bill of Rights, endorsed by the American Association of School Librarians in 1969.

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

Reviewed on: 11/09/2010

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§ 20 7 204, MCA School library book selection

INSTRUCTION

Selection of Library Materials

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.

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.

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

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Policy History:39

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Revised on: 10/04/01, 03/09/04

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Legal reference: § 20 4 402(5), MCA Duties of district superintendent or county high school principal

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Selection of Library Materials

Promulgated on: 03/08/05

INSTRUCTION

Weeding

Discarded materials will be clearly stamped:1918

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Gifts

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 Lame Deer. The resolution may not become26 effective for fourteen (14) days after notice is published.

Reviewed on: 11/09/2010 Revised on:39

Lame Deer Public Schools

Selection of library materials is a professional task conducted by library staff. In selecting7 library materials, the librarian will evaluate the existing collection; assess curricula needs;8 examine materials; and consult reputable, professionally prepared selection aids.

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“WITHDRAWAL FROM LAME DEER PUBLIC SCHOOL LIBRARY”

Procedure History:36

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Gift materials may be accepted by the building principals with the understanding they must meet31 criteria set for book selection.

109

When materials no longer meet criteria for selection, they will be weeded. Weeding is a13 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.

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The Board is legally responsible to approve and to provide the necessary instructional materials7 used in the District. Textbooks and instructional materials should provide quality learning8 experiences for students and:

109

Policy History:41 Adopted on: 12/14/9842 Reviewed on: 11/09/201043 Revised on:44

Instructional Materials

• Provide background information to enable students to make intelligent judgments;14

• Present opposing sides of controversial issues;

INSTRUCTION

4039

• Enrich and support the curriculum;11

Lame Deer Public Schools

Cross Reference: 2314 Learning Materials Review3534

§ 20 7 601, MCA Free textbook provisions38

Legal Reference: § 20 4 402, MCA Duties of district superintendent or county high36 school principal37

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.

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

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

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.

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• Depict in an accurate and unbiased way the cultural diversity and pluralistic nature of18 American society.

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

Promulgated on: 03/09/0438

Reviewed on: 11/09/201039 Revised on:40

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.

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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.

• Facilitate the sharing of cultural differences;26

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• Present non-stereotypic models;25

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• Present more than one viewpoint on controversial issues;23

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• Be congruent with identified instructional objectives;22

Selection, Adoption, and Removal of Textbooks and Instructional Materials

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:2120

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• Be priced appropriately.

INSTRUCTION

Removal

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• Present minorities realistically;24

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36353433

Procedure History:37

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• 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.

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Under the fair use doctrine, each of the following four standards must be met in order to use the16 copyrighted document:17

4645

The District recognizes that federal law makes it illegal to duplicate copyrighted materials7 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.

Any staff member who is uncertain as to whether reproducing or using copyrighted material34 complies with District procedures or is permissible under the law should consult the35 Superintendent. The Superintendent will assist staff in obtaining proper authorization to copy or36 use protected materials, when such authorization is required.

Policy History:42 Adopted on: 12/14/98 Reviewed on: 11/09/2010 Revised on: 1/10/22

Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is12 permissible for such purposes as criticism, comment, news reporting, teaching, scholarship, or13 research.

393837

• 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

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

4140

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INSTRUCTION

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

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.

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• Purpose and Character of the Use The use must be for such purposes as teaching or18 scholarship.19

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2. Spontaneity. Should be at the “instance and inspiration” of the individual teacher.

a. A complete poem, if less than 250 words and two pages long, may be copied;18 excerpts from longer poems cannot exceed 250 words.19

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The copyright law prohibits using copies to replace or substitute for anthologies, consumable43 works, compilations, or collective works. “Consumable” works include: workbooks, exercises,44 standardized tests, test booklets, and answer sheets. Teachers cannot substitute copies for the45 purchase of books, publishers’ reprints or periodicals, nor can they repeatedly copy the same46

In preparing for instruction, a teacher may make or have made a single copy of a chapter from a9 book; an article from a newspaper or periodical; a short story, short essay, or short poem; or a10 chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. A11 teacher may make multiple copies, not exceeding more than one (1) per student, for classroom12 use if the copying meets the tests of “brevity, spontaneity and cumulative effect” set by the13 following guidelines. Each copy must include a notice of copyright.

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Performances by teachers or students of copyrighted dramatic works without authorization from39 the copyright owner are permitted as part of a teaching activity in a classroom or instructional40 setting. All other performances require permission from the copyright owner.

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Authorized Reproduction and Use of Copyrighted Material in Print

1. Brevity

b. Complete articles, stories or essays of less than 2500 words or excerpts from20 prose works less than 1000 words or 10% of the work, whichever is less, may be21 copied; in any event, the minimum is 500 words. (Each numerical limit may be22 expanded to permit the completion of an unfinished line of a poem or prose23 paragraph.)24

c. One chart, graph, diagram, drawing, cartoon, or picture per book or periodical25 issue may be copied. “Special” works cannot be reproduced in full; this includes26 children’s books combining poetry, prose, or poetic prose.

3. Cumulative Effect. Teachers are limited to using copied material for only one (1) course31 in the school in which copies are made. No more than one (1) short poem, article, story32 or two (2) excerpts from the same author may be copied, and no more than three (3)33 works can be copied from a collective work or periodical issue during one (1) class term.34 Teachers are limited to nine (9) instances of multiple copying for one (1) course during35 one (1) class term. Limitations do not apply to current news periodicals, newspapers, and36 current news sections of other periodicals.3837

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Authorized Reproduction and Use of Copyrighted Music

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A library may make a single copy of an unpublished work which is in its collection; and a10 published work in order to replace it because it is damaged, deteriorated, lost or stolen, provided11 the unused replacement cannot be obtained at a fair price.

Authorized Reproduction and Use of Copyrighted Materials in the Library

Reviewed on: 11/09/2010

A teacher may make a single copy of a song, movement, or short section from a printed musical28 work that is unavailable except in a larger work, for purposes of preparing for instruction.

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At the request of a teacher, copies may be made for reserve use. The same limits apply as for22 single or multiple copies designated in “Authorized Reproduction and Use of Copyrighted23 Material in Print.”

In an emergency, a teacher may make and use replacement copies of printed music for an36 imminent musical performance, when the purchased copies have been lost, destroyed, or are37 otherwise not available.

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Procedure History:42 Promulgated on: 03/09/04

A library may provide a single copy of copyrighted material to a student or staff member at no14 more than the actual cost of photocopying. The copy must be limited to one (1) article of a15 periodical issue or a small part of other material, unless the library finds that the copyrighted16 work cannot be obtained elsewhere at a fair price. In the latter circumstance, the entire work17 may be copied. In any case, the copy shall contain the notice of copyright, and the student or18 staff member shall be notified that the copy is to be used only for private study, scholarship, or19 research. Any other use may subject the person to liability for copyright infringement.

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item from term to term. Copying cannot be directed by a “higher authority,” and students cannot4 be charged more than actual cost of photocopying. Teachers may use copyrighted materials in5 overhead or opaque projectors for instructional purposes.

A teacher may make multiple copies for classroom use of an excerpt of not more than 10% of a31 printed musical work if it is to be used for academic purposes other than performance, provided32 that the excerpt does not comprise a part of the whole musical work which would constitute a33 performable unit such as a complete section, movement, or song.

Revised on:45

Adopted on: 12/14/9820

Policy History:19

Learning Materials Review

109

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.

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INSTRUCTION

Citizens objecting to specific materials used in the District are encouraged to submit a complaint7 in writing using the Uniform Complaint Procedure (Policy 1700) and discuss the complaint with8 the building principal prior to pursuing a formal complaint.

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Cross Reference: 1700 Uniform Complaint Procedure

Reviewed on: 11/09/201021 Revised on: 03/09/0422

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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.

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Lame Deer Public Schools

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Policy History:32 Adopted on: 12/14/9833 Reviewed on:34 Revised on: 10/11/05, 11/09/201035

Field Trips, Excursions, and Outdoor Education

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance

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2120

Building Principals shall develop procedures for the operation of a field trip which shall insure18 that the safety of the student shall be protected. Each field trip must be integrated with the19 curriculum and coordinated with classroom activities which enhance its usefulness.

INSTRUCTION

The presence of a person with a currently valid first aid card is required during school sponsored25 activities, including field trips, athletic, and other off-campus events.

Field trips that will take students out of state must be approved in advance by the Board;15 Superintendent may approve all other field trips.

Staff members may not solicit students during instructional time for any privately arranged field22 trip or excursion without Board permission.

4. Necessity for a balanced presentation; and27

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In a study or discussion of controversial issues or materials, however, the Board directs teaching21 staff to take into account the following criteria:2322

31302928

2. District philosophy of education;25

Policy History:35

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

Adopted on: 12/14/9836

Reviewed on: 11/09/201037 Revised on:38

Controversial Issues and Academic Freedom

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.

The Board encourages and supports the concept of academic freedom, recognizing it as a17 necessary condition to aid in maintaining an environment conducive to learning and to the free18 exchange of ideas and information.

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1. Relative maturity of students;24

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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.

3. Community standards, morals, and values;26

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

INSTRUCTION

District officials may not invite or permit members of the clergy to give prayers at graduation.34 Furthermore, District officials may not organize or agree to requests for prayer by other persons35 at graduation, including requests by students to open or deliver a prayer at graduation. The36 District may not prefer the beliefs of some students over the beliefs of others, coerce dissenters37 or nonbelievers, or communicate any endorsement of religion.3938

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Graduation Ceremonies

In keeping with the United States and Montana Constitutions and judicial decisions, the District7 may not support any religion or endorse religious activity. At the same time, the District may8 not prohibit private religious expression by students. This policy provides direction to students9 and staff members about the application of these principles to student religious activity at school.

Staff Members

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,23 discourage, persuade, dissuade, sponsor, participate in, or discriminate against a religious activity24 or an activity because of its religious content. They must remain officially neutral toward25 religious expression.

Student Prayer and Discussion

2928

Religion and Religious Activities

Graduation is an important event for students and their families. In order to assure the30 appropriateness and dignity of the occasion, the District sponsors and pays for graduation31 ceremonies and retains ultimate control over their structure and content.

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Baccalaureate Ceremonies

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Students may pray individually or in groups and may discuss their religious views with other14 students, as long as they are not disruptive or coercive. The right to engage in voluntary prayer15 does not include the right to have a captive audience listen, to harass other students, or to force16 them to participate. Students may pray silently in the classroom, except when they are expected17 to be involved in classroom instruction or activities.

Students and their families may organize baccalaureate services, at which attendance must be42 entirely voluntary. Organizers of baccalaureate services may rent and have access to school43 facilities on the same basis as other private groups and may not receive preferential treatment.44 The District may not be identified as sponsoring or endorsing baccalaureate services. District45 funds, including paid staff time, may not be used directly or indirectly to support or subsidize46

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Students may express their individual religious beliefs in reports, tests, homework, and projects.16 Staff members should judge their work by ordinary academic standards, including substance,17 relevance, appearance, composition, and grammar. Student religious expression should neither18 be favored nor penalized.

Students may gather as non curricular groups to discuss and promote religion in accordance with37 District Policy 3233.

Assemblies, Extracurricular and Athletic Events

District officials may not invite or permit members of the clergy, staff members, or outsiders to8 give prayers at school sponsored assemblies and extracurricular or athletic events. District9 officials also may not organize or agree to student requests for prayer at assemblies and other10 school sponsored events. Furthermore, prayer may not be broadcast over the school public11 address system, even if the prayer is nonsectarian, nonproselytizing, and initiated by students.

2221

School programs, performances, and celebrations must serve an educational purpose. The28 inclusion of religious music, symbols, art, or writings is permitted, if the religious content has a29 historical or independent educational purpose which contributes to the objectives of the approved30 curriculum. School programs, performances, and celebrations cannot promote, encourage,31 discourage, persuade, dissuade, or discriminate against a religion or religious activity and cannot32 be oriented to religion or a religious holiday.

Distribution of Religious Literature

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Staff members may teach students about religion in history, art, music, literature, and other23 subjects in which religious influence has been and continues to be felt. However, staff members24 may not teach religion or advocate religious doctrine or practice. The prohibition against25 teaching religion extends to curricular decisions which promote religion or religious beliefs.

Student Religious Expression and Assignments

3938

Religion in the Curriculum

3433

Student Religious Groups

3635

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Students may distribute religious literature to their classmates, subject to the same42 constitutionally acceptable restrictions the District imposes on distribution of other non school43 literature. Outsiders may not distribute religious or other literature to students on school44 property, consistent with and pursuant to the District policy on solicitations (Policy 4321).

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Policy History:15

Adopted on: 12/14/98

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Religious Holidays

Staff members may teach objectively about religious holidays and about religious symbols,6 music, art, literature, and drama which accompany the holidays. They may celebrate the7 historical aspects of the holidays but may not observe them as religious events.

3510 School Sponsored Activities

Reviewed on:17 Revised on: 03/09/04, 11/09/2010, 1/10/22

Cross Reference: 3550 Student Clubs10 3233 Student Use of Buildings

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Statement of Policy

The printed program for a commencement exercise will include the following paragraphs:2726

Lame Deer Public Schools

INSTRUCTION

Legal Reference: Art. II, Sec. 5, Montana Constitution Freedom of religion40

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The Board recognizes that at graduation time and throughout the course of the32 educational process, there will be instances when religious values, religious practices,33 and religious persons will have some interaction with the public schools and students.34 The Board, while not endorsing any religion, recognizes the rights of individuals to have35 the freedom to express their individual political, social, or religious views.

Organization and Content of Commencement Exercises

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

Adopted on: 03/09/04

Participation in Commencement Exercises

Any presentation by participants of graduation exercises is the private expression28 of an individual participant and does not necessarily reflect any official position of the29 District, its Board, administration, or employees, nor does it necessarily indicate the30 views of any other graduates.31

A student’s right to participate in a commencement exercise of the graduating class at Lame Deer High9 School is an honor. As such, participation in this ceremony is reserved for those members of the10 graduating class who have completed all state and local requirements for graduation before the date of the11 ceremony. Students who complete their requirements after the date of commencement exercises will12 receive their diplomas at that time.

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Art. X, Sec. 7, Montana Constitution Nondiscrimination in education41

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The school administration may invite graduating students to participate in high school graduation17 exercises according to academic class standing or class officer status. Any student who, because of18 academic class standing, is requested to participate may choose to decline the invitation.

Reviewed on:49 Revised on: 11/09/2010

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Policy History:47

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

§ 20 1 308, MCA Religious instruction released time program

The school administrators will not censor any presentation or require any specific content but may advise21 participants about appropriate language for the audience and occasion. Students selected to participate22 may choose to deliver an address, poem, reading, song, musical presentation, prayer, or any other23 pronouncement of their choosing.

The school district will permit students to honor their American Indian heritage through the display of15 culturally significant tribal regalia at commencement ceremonies. Any item that promotes drug use,16 weapon use, threats of violence, sexual harassment, bullying, or other intimidation, or violates another17 district policy, state, or federal law may not be worn during graduation.

Participation in Commencement Exercises5 Statement of Policy

2322

Art. X, Sec. 1(2), Montana Constitution Educational Goals and Duties42

Organization and Content of Commencement Exercises

Policy History:47

The school administration may invite graduating students to participate in high school graduation20 exercises according to academic class standing or class officer status. Any student who, because of21 academic class standing, is requested to participate may choose to decline the invitation.

The Board recognizes that at graduation time and throughout the course of the35 educational process, there will be instances when religious values, religious practices,36 and religious persons will have some interaction with the public schools and students.37 The Board, while not endorsing any religion, recognizes the rights of individuals to have38 the freedom to express their individual political, social, or religious views.

Art. X, Sec. 7, Montana Constitution Nondiscrimination in education

INSTRUCTION

The school administrators will review presentations and specific content, and may advise participants24 about appropriate language for the audience and occasion. Students selected to participate may choose to25 deliver an address, poem, reading, song, musical presentation, or any other pronouncement of their26 choosing.

Legal Reference: Art. II, Sec. 5, Montana Constitution Freedom of religion41

Reviewed on:49 Revised on: 11/09/2010

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Any presentation by participants of graduation exercises is the private expression31 of an individual participant and does not necessarily reflect any official position of the32 District, its Board, administration, or employees, nor does it necessarily indicate the33 views of any other graduates.34

§ 20 1 308, MCA Religious instruction released time program § 20 7 112, MCA Sectarian publications prohibited and prayer permitted

The printed program for a commencement exercise will include the following paragraphs:3029

A student’s right to participate in a commencement exercise of the graduating class at Lame Deer High8 School is an honor. As such, participation in this ceremony is reserved for those members of the9 graduating class who have completed all state and local requirements for graduation before the date of the10 ceremony. Students who complete their requirements after the date of commencement exercises will11 receive their diplomas at that time.

Lame Deer Public Schools

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

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Adopted on: 03/09/04

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Health, family life, and sex education, including information about parts of the body, reproduction, and7 related topics, will be included in the instructional program as appropriate to grade level and course of8 study. An instructional approach will be developed after consultation with parents and other community9 representatives. Parents and guardians may ask to review materials to be used and may request that their10 child be excluded from human sexuality education or instruction class sessions without prejudice in11 accordance with Policy 3120. The District will notify parents and guardians 48 hours prior to any event,12 assembly, or introduction of materials for instructional use on the topic of human sexuality Notification13 of parent or guardian rights under this policy will be issued on an annual basis.

Revised on: 10/11/05, 11/09/2010, 8/29/22

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Policy 2158 Family Engagement

AIDS Education and Prevention

INSTRUCTION

AIDS Education and Prevention (AIDS Prevention Act) § 20 7 120, MCA

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For purposes of this Policy, "human sexuality education or instruction" means teaching or otherwise16 providing information about human sexuality, including intimate relationships, human sexual anatomy,17 sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity,18 abstinence, contraception, or reproductive rights and responsibilities.

Policy History:45

The Board believes HIV/AIDS and other STD/STI instruction is most effective when integrated into a23 comprehensive health education program. Instruction must be appropriate to grade level and24 development of students and must occur in a systematic manner. The Board particularly desires that25 students receive proper education about HIV and other STD/STI’s, before they reach the age when they26 may adopt behaviors which put them at risk of contracting the disease.

Reviewed on:47

2019

Adopted on: 12/14/98

Legal Reference: §§ 50 16 1001, et seq., MCA

Health Enhancement

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Cross Reference: Policy 3120 Compulsory Attendance37

In order for education about HIV and other STD/STI’s to be most effective, the Superintendent will29 require that faculty members who present this instruction receive continuing in service training which30 includes appropriate teaching strategies and techniques. Other staff members not involved in direct31 instruction, but who have contact with students, will receive basic information about HIV/AIDS and other32 STD/STI’s and instruction in use of universal precautions when dealing with body fluids. In accordance33 with Board policy, parents will have an opportunity to review the HIV/STD/STI education program,34 before it is presented to students.

Lame Deer Public Schools

Policy 2332 Student and Family Privacy Rights38

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Excused Absences from Curriculum Requirements

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To graduate from Lame Deer High School, a student must have satisfactorily completed the last19 quarter prior to graduation as a Lame Deer High School student. Highly unusual exceptions may20 be considered by the principal, such as a student exchange program in a recognized school.

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

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 graduation16 requirements as recommended by the Superintendent.

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Lame Deer Public Schools

INSTRUCTION

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Policy History:37 Adopted on: 12/14/9838 Reviewed on:39 Revised on: 11/09/2010

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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.

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.

Legal Reference: § 20 5 201, MCA Duties and sanctions32 10.55.904, ARM Basic Education Program Offerings: High School33 10.55.905, ARM Graduation Requirements34 10.55.906, ARM High School Credit

109

High School Graduation Requirements

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Early Graduation

Graduation requirements generally will not be waived under any circumstances. However, in rare and20 unique hardship circumstances, the principal may recommend and the Superintendent approve minor21 deviation from the graduation requirements.

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Credit for work experience may be offered when the work program is a part of and supervised by the28 school.

Honor Roll and Honors

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Students shall be expected to earn a total of 23 units in order to complete graduation requirements. Special education students who have successfully completed their IEP leading to completion of high15 school will be awarded a diploma.

Publication of Graduation Requirements

4645

Credits

Class Rank (Grade Point Average)

Lame Deer Public Schools

21 INSTRUCTION 2410P3 page 1 of 24

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Specific information regarding honor roll and honors at graduation are included in the student handbook.

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

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Class Rank is compiled from semester grades. Courses not eligible for GPA are designated with an42 asterisk on the report card.

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Alternative Programs

All classes attempted at Lame Deer High School and all acceptable transfer credits shall be recorded on31 the transcript. All grades earned, including failures and retakes, shall be recorded as such and utilized in32 the calculation of Grade Point Average and class rank. Credit shall be awarded only once regardless of33 repetition of the course.

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Credit toward graduation requirements may be granted for planned learning experiences from accredited26 programs, such as university courses27

High School Graduation Requirements

In accordance with provisions of § 20 9 313, MCA, the Board hereby authorizes the high school principal47 to grant permission to students who have completed the minimum requirements for48 graduation after completion of the seventh (7th) semester. Any student seeking to graduate early must49 follow the following procedure:50

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Waiver of Requirement

4. Students who participate will be expected to cooperate with the class advisor and to participate in all parts of the graduation ceremonies.

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The responsibility of the District, upon the student's completion of the requirements for graduation, is to35 issue a proper diploma to each graduate. Participation in the actual graduation ceremony is not a36 requirement.

Reasons considered for early graduation shall include a planned post secondary educational program,11 medical, religious, or family emergency considerations. Working to earn money for further education is12 not considered a substantial hardship and will not make a student eligible for early graduation. If the13 application is denied by the Principal, the student may appeal the decision to the Board. The student may14 choose to have the appeal heard in a closed session of the Board. The decision of the Board shall be final.

1. Each student who participates will purchase or rent the proper cap and gown as41 designated by the school administration and the class advisor and officers.

3. Students who participate will be expected to use good taste in their choice of accessories for their attire.

3433

109

Dual credit allows high schools students to simultaneously earn credit toward both a high school19 diploma and college coursework that can lead to a postsecondary degree or certificate, or toward20 transfer to another college. As noted in the Student Handbook, the District will assign the grade21 given by the college professor to the student’s report card. The primary purpose of offering dual22 credit courses is to deliver high quality, introductory, college level courses to high performing23 high school students. The School District has dual credit partnerships with Chief Dull Knife24 College, Little Big Horn College and various post secondary institutions. Students interested in25 dual credit opportunities must meet with their building administration to determine available26 options.

b. All applications must be accompanied by a recommendation from the high8 school principal.

Dual Credit

Students should be aware of Montana High School Association on campus attendance eligibility29 requirements for activity participation.

2. Caps and gowns will be worn in the proper manner, as designated by the school administration and class advisor.

a All applications must be submitted to the Principal at least two (2) semesters4 prior to the proposed graduation date. Applications must be in writing and5 countersigned by parents or legal guardians if the student is a minor.

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Graduation Ceremonies

Graduation ceremonies will be conducted in the following manner:

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Procedure History:8 Promulgated on: 12/14/989 Reviewed on:10 Revised on: 11/09/2010, 1/10/2211

432

5. Failure to comply with the above requirements will automatically forfeit a student's privilege of participation in the graduation ceremonies.

Legal Reference: § 20 9 313, MCA Circumstances under which regular average number belonging may be increased

1. A school principal;4342

Grades 1 83736

INSTRUCTION

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.

2. Document that a student followed a curriculum essentially similar to that of a course for20 which credit is requested;2221

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Lame Deer Public Schools

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;2524

24133 page 1 of 24

The school transcripts will record courses taken in home schools or non accredited schools by30 indicating title of the course, school where the course was taken, and grade.

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Grades 9 1287

The credit evaluation committee will:

The District will give credit only for home schools which have met all requirements as specified26 in Montana law. Credit from home schools will be accepted only when a like course is offered27 in the District.2928

Credit Transfer and Assessment for Placement

Requests from parents of students in non-accredited, nonpublic schools for placement in the38 District school system will be evaluated by an assessment for placement team. That team will39 include:

2. One (1) teacher of the grade in which the student is being considered for enrollment; and

464544

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;1918

For the purpose of calculation of class rank, only those courses taken in an accredited school will33 be used.3534

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4140

If a parent or guardian is not in agreement with the placement of the child, he/she may request a26 hearing before the Board.

1. Documentation that the non accredited, nonpublic school has provided a comparable8 number of hours as the child would have attended in a public or private school;

4. That the child achieved an NCE score of forty (40) or above on the Standard17 Achievement Test.

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Policy History:34 Adopted on: 12/14/9835

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3. That the result of the end-of-the-year test indicates the student has mastered most14 prerequisite skills; and

Reviewed on: 11/09/201036 Revised on: 03/09/0437

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2. That the child followed a similar curriculum as would have been provided in an11 accredited public or private school;

Parents of students in home schools are encouraged to maintain a log documenting dates of20 instruction, content of instruction, amount of time spent on that instruction, scores on tests, and21 grades in all activities.

Legal Reference: § 20 5 110, MCA School district assessment for placement of a child31 who enrolls from a nonaccredited, nonpublic school

The assessment for placement team will cause the District adopted norm referenced test and/or4 the end-of-the-year subject-matter test to be administered and scored. The assessment-for-5 placement team will take into account the following in its recommendation for grade placement:

The District is not obligated to provide instructional materials for other public or private schools.

1918

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.

Lame Deer Public Schools

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Adopted on: 12/14/9823

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Grading and Progress Reports

Reviewed on: 11/09/201024 Revised on:25

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.

Policy History:22

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.

INSTRUCTION

21201918

Lame Deer Public Schools

Any elementary school student who fails to satisfactorily complete lessons or assignments during7 the school year will be recommended for retention at the discretion of that student’s teacher and8 the principal. A final meeting will be held between the parent/guardian, teacher, and building9 principal during the fourth quarter. After considering information from all parties the final10 decision will be made by the building principal. The parent/guardian may indicate their approval11 or disapproval on the consent form at this time.

INSTRUCTION

Promotion and Retention K-6

1615141312

Policy History:17

Reviewed on:19 Revised on:20

Adopted on: 11/09/201018

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INSTRUCTION

Deer

In furtherance of the District’s educational goals, the District is committed to:

33323130

The Board may require certified staff to satisfy the requirements for instruction in American29 Indian studies, set forth in § 20 1 503, MCA.

• Working cooperatively with Montana Tribes in close proximity to the District, when12 providing instruction, when implementing educational goals or adopting rules relating to13 education of students in the District;

• Considering methods by which to provide books and materials reflecting19 authentic historical and contemporary portrayals of Native Americans;2120

Policy History:40 Adopted on: 11/09/201041 Reviewed on:42 Revised on:43

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• 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.

Lame Public

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 Access3938

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• Taking into account individual and cultural diversity and differences among22 students;2423

Schools R21

• Periodically reviewing its curriculum to ensure the inclusion of cultural heritage of16 Native Americans, which will include but not necessarily be limited to:1817

Recognition of Native American Cultural Heritage

245043

The District recognizes the distinct and unique cultural heritage of Native Americans and is7 committed in the District’s educational goals to the preservation of such heritage.98

INSTRUCTION

5. Grading policies.3332

Lame Deer Public

4. Classroom accommodations.3130

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The Superintendent or his/her designee, in conjunction with appropriate stakeholders, shall20 develop and disseminate written procedures regarding the LEP program, including:2221

1. Program goals.2423

The Superintendent or his/her designee shall implement and supervise an LEP program which17 ensures appropriate LEP instruction and complies with applicable laws and regulations.

6. List of resources, including support agencies and interpreters.3534

Students participating in LEP programs shall be required, with accommodations, to meet45 established academic standards and graduation requirements adopted by the Board.46

2. Student enrollment procedures.2625

1918

In accordance with the Board’s philosophy to provide a quality educational program to all7 students, the District shall provide an appropriate planned instructional program for identified8 students whose dominant language is not English. The purpose of the program is to increase the9 English proficiency of eligible students, so they can attain academic success. Students who have10 limited English proficiency (LEP) will be identified, assessed, and provided appropriate services.

The Board shall adopt a program of educational services for each student whose dominant13 language is not English. The program shall include bilingual/bicultural or English as a second14 language instruction.

3. Assessment procedures for program entrance, measurement of progress, and program27 exit.2928

The District shall establish procedures for identifying students whose language is not English.36 For students whose dominant language is not English, assessment of the student’s English37 proficiency level must be completed to determine the need for English as a Second Language38 instruction.4039

Limited English Proficiency Program

25003 page 1 of 24

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Students whose dominant language is not English should be enrolled in the District, upon proof41 of residency and other legal requirements. Students shall have access to and be encouraged to42 participate in all academic and extracurricular activities of the District.4443

Schools21

At the beginning of each school year, the District shall notify parents of students qualifying for12 LEP programs about the instructional program and parental options, as required by law. Parents13 will be regularly apprised of their student’s progress. Whenever possible, communications with14 parents shall be in the language understood by the parents.

The District shall maintain an effective means of outreach to encourage parental involvement in17 the education of their children.

Policy History:30 Adopted on: 03/09/0431 Reviewed on: 11/09/201032 Revised on:33

The LEP program shall be designed to provide instruction which meets each student’s individual4 needs based on the assessment of English proficiency in listening, speaking, reading, and5 writing. Adequate content area support shall be provided while the student is learning English,6 to assure achievement of academic standards.

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The LEP program shall be evaluated for effectiveness as required, based on the attainment of9 English proficiency, and shall be revised when necessary.

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Legal Reference: Title VI, Civil Rights Act of 196422 Equal Education Opportunities Act as an amendment to the Education23 Amendments of 1974 Bilingual Education Act24 20 U.S.C. §§ 7401, et seq., as amended by the English Language25 Acquisition, Language Enhancement, and Academic Achievement Act26 Title III, §§ 3001 3304 of HRI, No Child Left Behind Act of 2001, P.L.27 107 110

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The Lame Deer School District is committed to providing school environments that promote and7 protect children’s health, well being, and ability to learn by supporting healthy eating and8 physical activity. Therefore, it is the policy of the Lame Deer School District that:109

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

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

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 progress made in attaining the goals of the local wellness policy.29

(Alternative 1)65

Lame Deer Public Schools

25103 page 1 of 24

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

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The development of the school wellness policy, at a minimum, will include:11

• The extent to which schools are in compliance with the local wellness policy;26

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

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.4039

All students K 12 shall receive nutrition education that teaches the knowledge and skills needed to adopt43 healthy eating behaviors and is aligned with the Montana’s Health Enhancement Society of Health and44 Physical Educators (SHAPE) Health Education and Physical Education Content 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

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INSTRUCTION

• The extent to which the LEA’s local wellness policy compares to model local school27 wellness policies; and28

School Wellness

The suggested guidelines for developing the wellness policy include:41 Nutrition Education and Nutrition Promotion42

Health enhancement shall equip students with the knowledge, skills, and values necessary for lifelong10 physical activity. Health enhancement instruction shall be aligned with the Montana’s Health11 Enhancement Society of Health and Physical Educators (SHAPE) Health Education and Physical12 Education Content Standards

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Adopted on: 01/11/06

The District shall offer health enhancement opportunities that include the components of a quality health7 enhancement program taught by a K 12 certified health enhancement specialist.

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Policy History:47

Other School-Based Activities Designed to Promote Student Wellness

Revised on:1/10/22

The District may implement other appropriate programs that help create a school environment that33 conveys consistent wellness messages and is conducive to healthy eating and physical activity, such as34 staff wellness programs, non food reward system and fundraising efforts.

The Superintendent shall develop and implement administrative rules consistent with this policy. Input38 from teachers, parents/guardians, students, school food service program, the school Board, school39 administrators, and the public shall be considered before implementing such rules. A sustained effort is40 necessary to implement and enforce this policy. The Superintendent shall measure how well this policy is41 being implemented, managed, and enforced. The Superintendent shall report to the Board, as requested,42 on the District’s programs and efforts to meet the purpose and intent of this policy.

The District shall monitor all food and beverages sold or served to students, including those available24 outside the federally regulated child nutrition programs (i.e., a la carte, vending, student stores, classroom25 rewards, fundraising efforts), by meeting the United States Department of Agriculture (USDA) Smart26 Snacks in Schools nutrition standards. Snacks provided to students during the school day without charge27 (e.g. class parties) will meet standards set by the district. The Superintendent shall continually evaluate28 vending policies and contracts. Vending contracts that do not meet the intent and purpose of this policy29 shall be modified accordingly or not renewed.

Maintaining Student Wellness

Health Enhancement and Physical Activity Opportunities

All K 12 students of the District shall have the opportunity to participate regularly in supervised,15 organized or unstructured, physical activities, to maintain physical fitness, and to understand the short16 and long term benefits of a physically active and healthy lifestyle.

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Legal Reference: PL 108 265 The Child Nutrition and WIC Reauthorization Act of 200445

The District shall ensure that reimbursable school meals and snacks meet the program requirements and20 nutrition standards found in federal regulations. The District shall encourage students to make nutritious21 food choices through accessibility, advertising and marketing efforts of healthful foods.

Nutrition Standards19

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PL 111 296 The Healthy, Hunger Free Kids Act of 201046

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School Meals18

The school district and/or individual schools within the district will create, strengthen, or7 work within the existing school wellness committee to develop, implement, monitor,8 review, and, as necessary, revise school nutrition and physical activity policies. The9 committee also will serve as a resource to school sites for implementing those policies. (A10 school wellness committee consists of a group of individuals representing the school and11 community, and should include parents, students, representatives of the school, food12 manager, members of the school board, school administrators, teachers, health professionals and members of the public.)

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Nutritional Quality of Foods and Beverages Sold and Served on Campus16 17

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School Wellness Committee6

To the extent possible, schools will offer at least two non fried vegetables and one25 fruit option each day and will offer five different fruits and five different26 vegetables over the course of the week;27 Serve only low fat (2%), (1%) and fat free milks and nutritionally equivalent28 nondairy alternatives (to be defined by USDA);29 Ensure that half of the served grains are whole grain;30 A whole grain is one labeled as a "whole" grain product or with a whole grain listed31 as the primary grain ingredient in the ingredient statement Examples. “whole"32 wheat flour, cracked wheat, brown rice, and oatmeal.33 34

Meals served through the National School Lunch and Breakfast Programs will:19 Be appealing and attractive to children;20 Be served in clean and pleasant settings;21 Meet, at a minimum, nutrition requirements established by local, state and federal22 statutes and regulations;23 Offer a variety of fruits and vegetables;24

Breakfast to ensure that all children have breakfast, either at home or at school, in order35 to meet their nutritional needs and enhance their ability to learn, Lame Deer36 Schools will, to the extent possible, operate the school breakfast program; Will, to37 the extent possible, arrange bus schedules and utilize methods to serve breakfast38 that encourages participation;39 Will notify parents and students of the availability of the school breakfast40 program;41 Will encourage parents to provide a healthy breakfast for their children through42 newsletter articles, take home materials, or other means.43

Qualifications of School Food Service Staff27

Qualified nutrition professionals will administer the school meal programs. As part of the28 school district's responsibility to operate a food service program, continuing professional29 development for all nutrition professionals will be provided. Staff development programs30 should include appropriate certification and/or training programs for child nutrition,31 directors, school nutrition manager, and cafeteria workers, according to their level of32 responsibility.33 34

Food and Beverages Sold Individually (i.e., foods sold outside of reimbursable school41 meals, such as through vending machines, cafeteria a la carte (snack) lines, fundraisers,42 school stores, etc.)43

Free and Reduced priced Meals Lame Deer Schools will make every effort to eliminate2 any social stigma to, and prevent the overt identification of students who are3 eligible for free and reduced paid school meals. Toward this end, schools may4 utilize electronic identification and payment systems: provide meals at no charge5 to all children regardless of income. It is against the law to make others in the6 cafeteria aware of the eligibility status of children for free, reduced price, or7 "paid" meals.8

Summer Food Service Program Lame Deer Schools will sponsor the summer food9 service program for at least six weeks between the last day of the academic school year10 and the first day of the following school year, and preferably throughout the summer11 vacation.12 13

Meal times and Scheduling14

Lame-Deer Schools-will provide students with at least 10 minutes to eat after sitting15 down for breakfast and 20 minutes after sitting down for lunch;16 Should schedule meal periods at appropriate times, e.g. lunch should be scheduled17 between11:10 12:45 (K 6th), 11:00 11:30 (JH), 12:00 12:30 (HS), 12:50 1:20 (alt. sch);18 Should not schedule tutoring, club or organizational meetings or activities during19 mealtimes, unless students may eat during such activities;20 Will schedule lunch periods to follow recess periods (K 6th);21 Will provide students access to hand washing to hand sanitizing before they eat meals or22 snack;23 Should take reasonable steps to accommodate the tooth brushing regimes of students24 with special oral health needs (e.g., orthodontia or high tooth decay risk).25 26

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Sharing of Foods and Beverages35 Schools should discourage students from sharing their foods or beverages with one36 another during meal, snack times, and other school sponsored events (i.e., extracurricular37 activities) given concerns about allergies and other restrictions on some children's diets38 and other health related illnesses.39 40

Foods A food item sold individually during the school day as defined above will have no19 more than 35% of its calories from fat (excluding nuts, seeds, peanut butter, and other nut20 butters), will have no more than 9 gram to 12 gram of sugars; will contain no more than21 230 mg. of sodium per serving for chips, cereals, crackers, French fries, baked goods and22 other snack items, will contain no more than 480 mg. of sodium for meats, processed23 meats, soups, pizza, sandwiches and main dishes.24 25

Two ounces for cereal bars, granola bars, pastries, muffins, doughnuts, bagels and40 other bakery items;41

Four fluid ounces for frozen desserts, including, but not limited to, low fat or42 fat free ice cream;43 Eight ounces for non frozen yogurt"44

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Elementary School

Portion sizes:33 Limit portion sizes of foods and beverages sold individually during the school day, as34 previously defined, to those listed below:35

One & % ounce for gardettos;39

One ounce for cookies;38

Jr. High and High School9

Beverages - K-12 schools approved offered vended beverages, including but not limited15 to fruit juices and sports drinks will be allowed before and after school which is 3:30 p.m.16 to 8:00 a.m. the following morning. Only water will be allowed in classrooms.17 18

A choice of at least two fruits and/or non fried vegetables may be offered for sale at any26 location on the school site where foods are sold. Such items could include, but are not27 limited to, fresh fruits and vegetables; 100% fruit juices or vegetable juices; fruit based28 drinks that are at least 50% fruit juice and that do not contain additional caloric29 sweeteners; cooked, dried, or canned fruits (caned in fruit juice or light syrup); and30 cooked, dried, or canned vegetables (that meet the above fat and sodium guidelines).31 32

One ounce for chips, crackers, popcorn, cereal trail mix, nuts, seeds, dried fruit or36 jerky;37

The school food service program including but not limited to the administration and3 Wellness Committee, will approve all food and beverage sales to students in the4 elementary school. Given young children's limited nutrition skills, food in the elementary5 school should be sold as balanced meals. If available, foods and beverages sold6 individually should be limited to low fat milk, fruit juices and yogurt type drinks.7 8

Up to twenty fluid ounces for beverages, excluding water and flavored water.45 46 47

In the Junior High and high school, all foods and beverages sold individually outside the10 reimbursable school meal program (including vending machines, student stores) during11 the school day, or through programs for students after the school day, will meet the12 following nutrition and portion size standards:13 14

Teaches media literacy with an emphasis on food44 marketing; Includes training for teachers and other45 staff;46

Is part of not only health education classes, but also classroom integration in34 subjects such as math, science, language arts, social sciences, and elective35 subjects;36

To support students' health and school nutrition-education efforts, school fundraising3 activities will encourage foods that meet the above nutrition and portion size standards for4 foods and beverages sold individually. The school will encourage fundraising activities5 that promote physical activity and healthy food choices.6 7

Fundraising Activities

Schools will limit, as deemed by the building principals, foods or beverages, especially9 those that do not meet the nutritional standards for foods and beverages, sold individually10 (above) as rewards for academic performance or good behavior, unless this practice is11 allowed by a student's individual education plan (IEP). Schools will not withhold food or12 beverages (including food served through school meals) as a punishment.13 14

Lame Deer School District goals include teaching, encouraging, and supporting healthy28 eating by students. Schools should provide nutrition education and engage in nutrition29 promotion that:30

Nutrition Education and Promotion27

School sponsored Events (such as, but not limited to, athletic events, dances, or20 performances) Foods and beverages offered or sold at school sponsored events outside21 the school day will be encouraged to follow the nutrition standards for meals or for foods22 and beverages sold individually (above).23 24

Rewards

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Celebrations15

Nutrition and Physical Activity Promotion and Food Marketing25 26

Promotes fruits, vegetables, whole grain products, low fat and fat free dairy37 products, healthy food preparation methods, and health-enhancing nutrition38 practices;39

Emphasizes caloric balance between food intake and energy expenditure (physical40 activity/exercise);41

Schools should encourage celebrations that include food and beverages that meet the16 above standards. The district will incorporate into the handbooks a list of healthy party17 ideas to parents and teachers.18 19

Is offered at each grade level K 12 as part of a sequential, comprehensive,31 standards based program designed to provide students with the knowledge and32 skills necessary to promote and protect their health;33

Links with school meal programs, other school foods, and nutrition related42 community services;43

Staff Wellness20

The school will provide information about physical education and other school based13 physical activity opportunities before, during and after the school day, and support14 parents' efforts to provide their children with opportunities to be physically active outside15 of school. Such support will include sharing information about physical activity and16 physical education through a website, newsletter, or other take home materials, special17 events, or physical education.18 19

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3 4

The school will support efforts to provide a healthy diet and daily physical activity for6 their students. Lame Deer School will encourage parents to pack healthy lunches and7 snacks and to refrain from including beverages and foods that do not meet the above8 nutrition standards for individual food and beverages. The school will provide parents a9 list of foods that meet the district's snack standards and ideas for healthy10 celebrations/parties, rewards, and fundraising activities.11 12

Physical Activity Opportunities and Physical Education31 32

Physical Education (P.E.) (K 12)33

Daily Recess40

Includes enjoyable, developmentally appropriate, culturally relevant,1 participatory activities, such as contests, promotions, taste testing, farm visits, and2 school gardens.

Communications with Parents5

Lame Deer School District highly values the health and well being of every staff member21 and will plan and implement activities and policies that support personal efforts by staff to22 maintain a healthy lifestyle. The school should establish and maintain a staff wellness23 manager, dietitian or other health professional, coach, union representative, and24 employee benefits specialist. The committee should develop, promote, and oversee a25 multifaceted plan to promote staff health and wellness. The plan should be based on input26 solicited from school staff and should outline ways to encourage healthy eating, physical27 activity, and other elements of a healthy lifestyle among school staff. The staff wellness28 committee should distribute its plan to the school health council annually.29 30

All elementary school students will have at least 20 minutes a day of supervised recess,41 preferably outdoors, during which schools should encourage moderate to vigorous42 physical activity.43 44

AH students in grades K 12, including students with disabilities, special health care34 needs, and in alternative educational settings will have the opportunity to participate in35 physical education classes (K-6 for the entire school year), (7-12 as required according to36 Montana Accreditation Standards). A certified physical education teacher will teach all37 physical education classes.38 39

Schools should discourage extended periods (i.e. periods of two or more hours) of45 inactivity. When activities, such as mandatory school wide testing, makes it necessary to46

Assessments will be repeated every three years to help review policy compliance, assess36 progress, and determine areas in need of improvement. As part of that review, the school37 district will review our nutrition and physical activity policies; provision of an38 environment that supports healthy eating and physical activity; and nutrition and physical39 education policies and program elements. The district and individual schools within the40 district, will, as necessary, revise the wellness policies and develop work plans to41 facilitate their implementation.

Adopted on: 1/10/0745

2 3

Physical Activity Opportunities Before and After School

Teachers and other school and community personnel will not use physical activity (e.g.,12 running laps, pushups) or withhold opportunities for physical activity (e.g., recess,13 physical education) as punishment.

Monitoring18

Policy History:44

16 17

Physical Activity and Punishment

14 15

Elementary, Jr. High and high schools will offer extracurricular physical activity5 programs, such as physical activity clubs or intramural programs. The high school and Jr.6 High school, as appropriate, will offer interscholastic sports programs. Schools will offer7 a range of activities that meet the needs, interests, and abilities of all students, including8 boys, girls, students with disabilities, and students with special health care needs.9

Policy Review35

Reviewed on: 11/09/201046

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42 43

students to remain indoors for long periods of time, schools should give students periodic1 breaks during which they are encouraged to stand and be moderately active.

The superintendent or designee will ensure compliance with established district wide19 nutrition and physical activity wellness policies. In each school, the principal or designee20 will ensure compliance with those policies in his/her school and will report on the21 school's compliance to the school district superintendent or designee. School food service22 staff, at the school or district level, will ensure compliance with nutrition policies within23 school food service areas and will report on this matter to the superintendent (or if done at24 the school level, to the school principal).25

The superintendent or designee will develop a summary report every three years on27 district wide compliance with the district's established nutrition and physical activity28 wellness policies, based on input from schools within the district.29 30

That report will be provided to the school board and also distributed to all school wellness31 committee, parent/teacher organizations, school principals, and school health services32 personnel in the district.33 34

Monitoring and Policy Review

INSTRUCTION

3534

• Students and teachers with allergies must receive special consideration before21 animals are brought into the school. Prior to any exposure to animals in school,22 the teacher should be aware of any condition such as allergies which could be23 exacerbated by exposure to animals.

3029

• All animals brought for exhibit must be restrained by the owner/handler.

2524

• All requests to take field trips involving animals must be submitted to the26 principal in writing. The principal shall be guided by the district policy on field27 trips and shall also take into consideration any known allergies among the28 students.

• No poisonous animals are allowed unless brought in cages/containers that prevent42 contact with students and faculty.

2019

• No domesticated animals, including dogs, cats, primates, or livestock, shall be31 allowed in schools unless proof of appropriate and/or current rabies vaccination is32 provided. Any domesticated mammal that is too young to be immunized for33 rabies will not be handled by students.

• No wild animals (e.g., skunks, raccoons, badgers, lynx, bobcats, bats, coyotes, or36 fox) shall be allowed unless under the control of an individual trained in the care37 and management of the animals (e.g., zookeepers, docents, veterinarians, etc.)

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The District recognizes that there are medical and physical dangers associated with7 animals, both wild and domesticated, in the classroom and/or on school property. The8 District also recognizes that under proper conditions, animals can be an effective teaching9 aid. The following guidelines are adopted regarding all animals (mammals, birds,10 reptiles/amphibians, fish, insects,) in the classroom or on school property.

3938

4140

• Under no circumstances are animals to be transported on school buses.

Lame Deer Public Schools

1413

• All requests to have animals in the classroom or on school property must have15 prior written approval from the supervising teacher and building principal. The16 request must identify type of animal/pet, educational purpose, length of activity,17 and plan for the care of the animal. The principal has the discretion to permit or18 deny the presence of animals.

Animals/Pets in Schools

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Policy History69

5352

6362

6160

Adopted on: 08/14/0770 Reviewed on: 11/09/201071 Revised on:75747372

• Animals will be allowed to be housed in classrooms only for specified and54 appropriate educational purpose for the time necessary to achieve the educational55 goal.

• The principal and parent/guardian must be notified as soon as possible if an64 individual is bitten by an animal or any incident occurs which could have an65 adverse effect on physical or emotional health.

5756

• Each teacher is responsible for the proper supervision and control of students50 under his/her direction whenever there is an exhibit or activity involving animals51 in the school.

• It is the responsibility of the teacher to provide a plan of care for classroom58 housed animals including care on weekends, holidays, and during emergency59 closure.

• No animals will be allowed free range in district facilities or on district property.

686766

Students may submit a proposal for a tailored work experience program that divides their time13 between instruction in school and specific learning at a job. Each proposed program will be14 planned by work study coordinators and the employer (or employer groups) and shall be in15 accordance with state and federal laws and regulations governing employment of students under16 age 18. The work experience coordinators will communicate with employers on a monthly basis17 and will visit work sites to determine if the placement is appropriate for student employment.

1211

Adopted on: 1/10/2237 Reviewed on:38 Revised on:39

Policy History:36

Work-Experience Program

Lame Deer Public Schools

Legal reference: Title 41, Chapter 2, MCA33

The Board recognizes that education should be making classroom experiences a meaningful7 process of learning about all practical aspects of life. The Board believes that the inclusion of8 career education in the basic curriculum will provide students with information about the many9 career opportunities available and will establish a relationship between what is taught in the10 classroom and the world of work.

The work experience coordinator shall make such arrangements as necessary with employers for24 evaluating the student's on the job performance and for keeping records of job attendance.

2625

The particular program designed for each student shall be set forth in a written protocol approved20 by the student, his or her parents or guardians, the work experience coordinator and the21 employer. This shall stipulate the terms of employment and the provision for academic credit.

Fair Labor Standards Act 29 U.S.C. 212 and 213, et seq.

INSTRUCTION

260043

The employer or supervisor shall complete District volunteer agreement form and satisfy a27 name based and fingerprint criminal background check in accordance with District Policy 512028 The employee and District shall also complete workers compensation insurance and general29 liability insurance requirements in accordance with the attached procedure in a manner consistent30 with the work experience opportunity provided to student.

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3231

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3534

Option 334

Option 4

Option 114

4443

4645

Lame Deer Public Schools

Work Experience Program Insurance

Employer does not pay student. Student earns school credit for work experience opportunity.35 School district adds a school to work endorsement onto the school workers’ compensation36 policy. School District pays the workers compensation premium costs for the endorsement and37 other required insurance coverage. Parent liability risk waiver forms should be signed in advance38 to recognize the inherent risks present with this learning opportunity and to clearly state the39 student has personal medical insurance coverage in place. Medical costs and other related40 workers compensation claim expenses for accepted workers compensation claims due to injury41 to the student while working in the course and scope as part of the work experience shall be42 covered by the School District’s workers compensation coverage.

Employer does not pay the student. Student does not earn school credit for work25 experience. Employer has a volunteer endorsement added to their workers compensation policy26 and pays that premium to their carrier. School District requires the employer to show proof of27 workers compensation coverage with the volunteer endorsement added via a copy of a current28 workers compensation policy. Medical costs and other related workers compensation claim29 expenses for accepted workers compensation claims due to injury to the student while working in30 the course and scope as part of the work experience shall be covered by the employer’s workers31 compensation coverage.

INSTRUCTION

The School District work experience coordinator will work with School District administration8 to identify the appropriate insurance coverage for a student’s tailored work experience9 opportunity. A student will not commence a work experience opportunity until the appropriate10 insurance option has been identified and implemented by all parties. The option selected will be11 noted as part of the student’s work experience plan.

Option 224

1312

2322

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Employer pays the student to work for them in a paid internship. Student learns from the15 employer like a newly hired employee and skill sets are acquired through doing actual work for16 the employer. Student may or may not earn school credit for work experience. Employer is17 required to show proof of workers compensation coverage for the student via a copy of a current18 workers compensation policy. Medical costs and other related workers compensation claim19 expenses for accepted workers compensation claims due to injury to the student while working in20 the course and scope as part of the work experience shall be covered by the employer’s workers21 compensation coverage.

3332

Revised on:16

Reviewed on:15

School District provides a work based learning opportunity off school grounds. Opportunity4 takes place during school period hours, awards school credit hours toward graduation5 requirements, and is led by a teacher of the school district and/or co taught by a trade person or6 general contractor. No workers compensation coverage being provided. School District is7 responsible for general liability coverage for the students and parent liability risk waiver forms8 should be signed in advance to recognize the inherent risks present with this learning opportunity9 and to clearly state the student has personal medical insurance coverage in place.

Policy History:13

Adopted on: 1/10/2214

121110

3440 3440P

3431F Accident Report

Administering Medicines to Students 3416F Montana Authorization to Carry and Self Administer Medication 3417 Communicable Diseases

TABLESTUDENTSSERIESOFCONTENTS

R = required 3000

3130 Students of Legal Age

3231 - 3231P Searches and Seizure

Discretionary Nonresident Student Attendance Policy

3510 School Sponsored Student Activities

3310P Discipline of Students with Disabilities 3340 Activity Drug Testing Policy

3150 Part Time Attendance

3141

Equal Education, Nondiscrimination and Sex Equity

R 3125 Education of Homeless Children

3225F Harassment Reporting Form for Students

R 3300P Corrective Actions and Punishment

R 3310 Student Discipline

3340S Drug Alcohol Association Policy 3345 Gambling

Emergency Treatment

3110

3122 Attendance Policy

3141F Discretionary Nonresident Application

3235 Video Surveillance

LAME DEER SCHOOL DISTRICT

3233 Student Use of Buildings: Equal Access

R 3225 3225P Sexual Harassment/Intimidation of Students

3121 3121P Enrollment and Attendance Records

R 3210

Entrance, Placement, and Transfer

3222 Distribution and Posting of Materials

3410 Student Health/Physical Screenings/Examinations

3200 Student Rights and Responsibilities

3221 Student Publications

3413 Student Immunization

R 3300 Suspension and Expulsion

R 3520 Student Fees, Fines, and Charges

3416

R 3120 Compulsory Attendance

R 3226 Bullying/Harassment/Intimidation/Hazing

Removal of Student During School Day

3224 Student Dress

3422 Suicide 3431

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

R 3606 Transfer of Student Records

3600 - 3600P - 3600F1 Student Records

3600F2 Student Directory Information Notification

3610 Programs for At Risk/Disadvantaged Students 3611 Gangs and Gang Activity

R 3612F Internet Access Conduct Agreement 3615 Theft

3530F Student Fund Raising Application Form

R 3608 Receipt of Confidential Records

3530 Student Fund Raising Activities

3650 School Resource Officer 3650P School Resource Officer Responsibilities

Lame Deer Public Schools

1 For the purposes of this section “proof of identity” means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity. 44 2 511(6)(a), MCA

A pupil or perspective pupil seven years old or older who has not completed the36 requirement in (a) must receive additional doses of Td vaccine to reach a37 minimum of three doses of any combination of DTP, DTAP, DT, or Td. Pertussis38 vaccine is not required for a pupil seven years of age or older;39

Entrance, Date, and Age

1918

The trustees will enroll a child in kindergarten or in first grade whose fifth (5th) or sixth (6th)9 birthday occurs on or before the tenth (10th) day of September of the school year in which the10 child is to enroll but is not yet 19 years of age. Parents may request a waiver of the age11 requirement. All waivers are granted in the sole discretion of the District. A child who meets12 the requirement of being six (6) years old, but who has not completed a kindergarten program,13 will be tested and placed at the discretion of the administration. The District requires proof of14 identity and an immunization record for every child to be admitted to District schools. The15 trustees may at their discretion assign and admit a child to a school in the district who is under 616 years of age or an adult who is 19 years of age or older if there are exceptional circumstances17 that merit waiving the age provision.

Entrance, Placement, and Transfer

1. The District requires that a student’s parents, legal guardian, or legal custodian present22 proof of identity of the child1 to the school within forty (40) days of enrollment, as well23 as proof of residence in the District. Students who are not residents of the District may24 apply for admission pursuant to Policy 3141. Homeless students shall be admitted25 pursuant to state and federal law, and Policy 3125.

2. To be admitted to District schools, in accordance with the Montana Immunization Law, a28 child must have been immunized against diphtheria, pertussis, tetanus, poliomyelitis,29 rubella, mumps, and measles (except that pertussis vaccination is not required for30 children seven (7) years or older). Vaccines immunizing against diphtheria, pertussis,31 and tetanus must be administered as follows:32

31103 page 1 of 34

a. A pupil or perspective pupil less than seven years of age must be administered33 four or more doses of DTP or DTAP vaccine, at least one dose of which must be34 given after the fourth birthday;35

School Entrance

c. Prior to entering the seventh grade, a pupil must receive a dose of vaccine40 containing Td if the following criteria are met: at least a five year interval must41 have passed since the pupil’s previous doses of DTP, DTAP, DT, or Td; the pupil42 is 11 years of age or older; or a dose of Td was not given to the pupil at seven43 years of age or older.44

d. If a pupil enters the seventh grade before reaching 11 years of age, a booster shot45 of Td must be administered to the pupil as soon as possible after the pupil attains46

2120

STUDENTS

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Medical or Religious Exemption

2625

e. DT vaccine administered to pupils less than seven years of age is acceptable only6 if accompanied by a medical exemption that exempts the pupil from pertussis7 vaccination;8

f. Polio vaccine must be administered to a perspective pupil in three or more doses9 of trivalent poliomyelitis vaccine, at least one dose of which must be given after10 the fourth birthday;11

46454443

that age, unless the pupil already was administered a dose of Td at seven years of4 age or older;5

A pupil may claim a religious or medical exemption under 20 5 405, MCA, which states: “when18 a parent, guardian, or adult who has the responsibility for the care and custody of a minor19 seeking to attend school or the person seeking to attend school, if an adult, signs and files with20 the governing authority, prior to the commencement of attendance each school year, a notarized21 affidavit on a form prescribed by the department stating that immunization is contrary to the22 religious tenets and practices of the signer, immunization of the person seeking to attend the23 school may not be required prior to attendance at the school. The statement must be maintained24 as part of the person’s immunization records”

Placement

When a parent, guardian, or adult who has the responsibility for the care and custody of a minor27 seeking to attend school or the person seeking to attend school, if an adult, files with the28 governing authority a written statement signed by a physician licensed to practice medicine in29 any jurisdiction of the United States or Canada stating that the physical condition of the person30 seeking to attend school or medical circumstances relating to him indicate that some or all of the31 required immunizations are not considered safe and indicating the specific nature and probable32 duration of the medical condition or circumstances which contradict immunization, he is exempt33 from the requirements of this part to the extent indicated by the physician’s statement. The34 statement must be maintained as part of the person’s immunization records.

g. The following students must have received two doses of live measles, mumps and12 rubella vaccine at/or after 12 months of age, separated by at least one month13 between doses; a pupil entering kindergarten; a pupil entering any grade from14 seventh to twelfth grade who has not already received the two required doses.

The District goal is to place students at levels and in settings that will increase the probability of39 student success. Developmental testing, together with other relevant criteria, including but not40 limited to health, maturity, emotional stability, and developmental disabilities, may be41 considered in the placement of all students. Final disposition of all placement decisions rests42 with the principal, subject to review by the Superintendent or the Board.

3635

3837

4241

§ 20 5 406, MCA Immunization record

5. Appropriate evaluation of student performance leading toward credit issuance.2423

31302928

District policies regulating the enrollment of students from other accredited elementary and6 secondary schools are designed to protect the educational welfare of children.

Legal Reference: § 20 5 101, MCA

Reviewed on:45 Revised on: 04/18/07, 11/09/2010

Secondary Grades (9 12) Credit Transfer: A transfer of credits from any secondary school is15 subject to a satisfactory examination of the following:1716

4. School building as it relates to credit earned (i.e., lab areas for appropriate science or21 vocational instruction);22

§ 20 5 405, MCA Medical or religious exemption

1. Appropriate certificates of school accreditation;18

§ 20 5 404, MCA Conditional attendance

Admittance of child to school

§ 20 5 403, MCA Immunization required release and acceptance of immunization records

The District will follow Montana Accreditation Rules and Standards, along with local alternate25 procedures for earning credit, in reviewing requests for transfer of credits. High school26 principals have authority for approving credit transfers, subject to review by the Superintendent27 or the Board.

Elementary Grades (K 8): A student transferring into the District will be admitted and placed9 subject to observation by appropriate teachers and a building principal during a probation period10 of two (2) weeks. Thereafter, should doubt arise as to initial grade and level placement of a11 student, school personnel will conduct an educational assessment to determine appropriate grade12 and level placement.1413

Transfer

§ 44-2-511, MCA School enrollment procedure 10.16.3122, ARM Local Educational Agency Responsibility For Students with Disabilities 10.55.601, et seq., ARM Accreditation Standards: Procedures

2. Length of course, school day, and school year;19

3. Content of applicable courses;20

Policy History:43 Adopted on: 12/14/98

Legal Reference: § 20 1 308, MCA Religious instruction released time program37

3. Are enrolled in a non public or home school; or2928

Policy History:47

1. Child’s sixteenth (16th) birthday; or1817

Compulsory attendance stated above will not apply when children:2221

2. Completion date of the work of eighth (8th) grade.2019

1. Are provided with supervised correspondence or home study; or2423

§ 20 5 108, MCA Tribal agreement with district for Indian child compulsory attendance and other agreements

§ 20 5 107, MCA Incapacitated and indigent child attendance42

4. Are enrolled in a school in another district or state; or3130

§ 20 5 104, MCA Attendance officer40

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:1615

Compulsory Attendance

Reviewed on: 11/09/2010 Revised on:50

312043

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.1312

R21

5. Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the32 best interests of the child and the school.

Lame Deer Public Schools

36353433

Adopted on: 12/14/98

STUDENTS

464544

§ 20 5 106, MCA Truancy41

§ 20 5 103, MCA Compulsory attendance and excuses39

§ 20 5 101, MCA Admittance of child to school38

2. Are excused because of a determination by a district judge that attendance is not in the best25 interests of the child; or2726

• Unable to attend school due to the student’s incarceration in a facility, other than a youth20 detention center, and who is receiving individualized educational services supervised by21 the district, at district expense, at a home or facility that does not offer an educational22 program;2423

Deer

4645

• Participating in the Running Start Program at district expense under § 20 9 706, MCA;3332

A district may only include, for ANB purposes, an enrolled student who is:

• Unable to attend school due to a medical reason certified by a medical doctor and16 receiving individualized educational services supervised by the district, at district17 expense, at a home or facility that does not offer an educational program;

3736

Lame Public

• A resident of the district attending a Montana job corps program under an interlocal agreement with the district under § 20-9-707, MCA.

Schools21 STUDENTS 31213 page 1 of 24

1211

109

Enrollment and Attendance Records

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.

• Living with a caretaker relative under § 1-1-215, MCA;2625

• Enrolled in an educational program or course provided at district expense using electronic38 or offsite delivery methods, including but not limited to tutoring, distance learning39 programs, online programs, and technology delivered learning programs, while attending40 a school of the district or any other nonsectarian offsite instructional setting with the41 approval of the trustees of the district; or

1918

• Receiving special education and related services, other than day treatment, under a27 placement by the trustees at a private nonsectarian school or private program if the28 student’s services are provided at the district’s expense under an approved individual29 education plan supervised by the district;3130

• Receiving education services, provided by the district, using appropriately licensed34 district staff at a private residential program or private residential facility licensed by the35 Department of Public Health and Human Services;

1514

4342

• A resident of the district or a nonresident student admitted by trustees under a student13 attendance agreement and who is attending a school of the district;

§ 20 9 706, MCA Running start program authorizing class credits at16 postsecondary institution eligibility payment for17 credits18

14131211

In order for a student who is served through distance learning or offsite delivery methods to be7 included in the calculation of average number belonging, the student must meet the residency8 requirements for that district; live in the district, and must be eligible for educational services9 under the Individuals with Disabilities Education Act or under 29 U.S.C. 794; or attend school in10 the district under a mandatory attendance agreement as provided in § 20 9 707, MCA.

Legal Reference: § 1 1 215, MCA Residence rules for determining15

§ 20-9-707, MCA Agreement with Montana youth challenge program19 or accredited Montana job corps program20

29 U.S.C. 794 Nondiscrimination under Federal grants21 and programs22

Policy History:26

Adopted on: 03/09/0427

34 CFR 300.1, et seq. Assistance to states for the education of children23 with disabilities

• A resident of the district attending a Montana Youth Challenge Program under an4 interlocal agreement with the district under § 20-9-707, MCA.

Reviewed on:28 Revised on: 10/11/05, 08/14/07, 11/09/201029

2524

b) Is in a home or facility which does not offer a regular educational program; and4342

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.1413

a) The child must meet the definition of pupil as found in § 20 1 101(11), MCA;1817

3121P3 page 1 of 24

Average Number Belonging87

STUDENTS

e) Attending 720 aggregate hours or more = Full time enrollment2625

4645

c) Attending 360 to 539 aggregate hours = One half time enrollment2221

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 by 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).3332

Homebound Students3534

d) Attending 540 to 719 aggregate hours = Three quarter time enrollment2423

Enrollment and Attendance Records

Lame Deer Public Schools

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:3938

For a child to be counted for ANB purposes:1615

a) Is enrolled and is currently receiving organized and supervised pupil instruction;4140

c) Has instructional costs during the absence, which are financed by the District’s general44 fund.

b) Attending 181 to 359 aggregate hours = One quarter time enrollment2019

1211

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.

2423

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 children15 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.

21201918

Legal Reference: 10.20.102, ARM Calculation of Average Number Belonging (ANB)22 § 20 1 101, MCA Definitions

If a homebound student does not meet the criteria set forth above, the District may request a4 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.

Attendance Accounting

Procedure History:25 Promulgated on: 06/11/0226 Reviewed on:27 Revised on: 05/13/03, 10/11/05, 11/09/2010, 09/14/1628

Lame Deer Public Schools

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.

1918

Policy History:23

STUDENTS

2221

312243

Specific attendance rules and regulations can be found in the elementary and junior/senior high20 handbooks respectively.

Adopted on: 12/14/9824

Reviewed on:25 Revised on: 11/09/201026

Attendance Policy

1413

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.

Anyone having a concern or complaint regarding placement or education of a homeless child34 will first present it orally and informally to the District homeless liaison. Thereafter, a written35 complaint must be filed in accordance with the District Uniform Complaint Procedure.

Every child of a homeless individual and every homeless child are entitled to equal access to the7 same free, appropriate public education as provided to other students. The District must assign8 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. The10 District may not require an out of District attendance agreement and tuition for a homeless child.

2. Educational services for which a student meets eligibility criteria (e.g., Title I);22

STUDENTS

The Superintendent will give special attention to ensuring the enrollment and attendance of28 homeless children and youths not currently attending school. The Superintendent will appoint a29 liaison for homeless children.3130

Policy History:43

Education of Homeless Children

1. Transportation services;21

Adopted on: 10/15/0244

3736

Reviewed on: 11/09/201045 Revised on:46

Lame Deer Public Schools

4. Programs in vocational and technical education;24

The Superintendent will review and revise as necessary rules or procedures that may be barriers13 to enrollment of homeless children and youths. In reviewing and revising such procedures, the14 Superintendent will consider issues of transportation, immunization, residence, birth certificates,15 school records, and other documentation.1716

1211

A “homeless individual” is defined as provided in the McKinney Homeless Assistance Act.3332

R21

Legal Reference: 42 U.S.C. § 11431, et seq. McKinney Homeless Assistance Act40 § 20 5 101, MCA Admittance of child to school4241

Cross Reference: 1700 Uniform Complaint Procedure3938

Homeless students will have access to services comparable those offered to other students,18 including but not limited to:2019

3. Educational programs for children with disabilities and limited English proficiency;23

6. School nutrition program.2726

312543

5. Programs for gifted and talented students; and25

Absence/Lateness/Truancy

2221

1312

Students of Legal Age

1817

1615

2827

3736

Field Trips/Athletic Programs

3029

Lame Public

Absence notes, normally signed by parents or guardians, may be signed by adult students.25 Excessive absences will result in consequences according to policy 3122P and will be reported26 on the report card.

2423

Suspension/Expulsion

Admission to School

The residence of an adult student who is not residing with a parent or guardian will be14 considered the residence for school purposes.

All suspension and/or expulsion proceedings will conform to the requirements of state statutes.31 Notification will continue to be sent to parents or legal guardians of all such suspensions or32 expulsions. Students of legal age, however, are permitted to represent themselves upon33 reinstatement to school following a suspension.3534

Adult students may withdraw from school under their own cognizance. Counselors will guide38 and counsel potential dropouts and encourage their continued attendance. Parents or legal39 guardians will continue to be notified of impending dropouts by the school Guidance40 Department,4241

Approved forms for participation will be required of all students. The form should indicate that19 the signature is that of the parent or the adult student. Sponsors or coaches will be required to20 confirm the ages of those students signing their own forms.

Withdrawal From School

4443

1110

Schools21 STUDENTS 31303 page 1 of 24

Every student eighteen (18) years of age or older will be deemed to be an adult and will have7 legal capacity to act as such. Such students, like all other students, will comply with the rules8 established by the District, pursue the prescribed course of study, and submit to the authority of9 teachers and other staff members as required by policy and state law.

Permission to Inspect Student Records

Deer

Adult students may request permission to inspect their school records if they are eligible students45 according to FERPA.46

1918

1110

1716

262524

Reviewed on: 11/09/201029 Revised on:30

2120

Excuses From School

Adult students can be held financially responsible for damage to school property.

Failure letters and progress reports will continue to be sent to the parent or legal guardian. Rights and Responsibilities

1312

Report Cards

The regulations pertaining to residence requirements will pertain to students of legal age.

Any policies of this board of education which require notification to parents/guardians may not22 apply in cases where the student is eighteen (18) years of age or older. All such notices may be23 directed to the student him/herself.

Adopted on: 12/14/9828

The school will verify requests from students who wish to leave school early for reasons such as14 job interviews, college visits, driver testing, etc., with the organization being visited. Permission15 to leave school early may be denied for what is considered a non valid reason.

Policy History:27

Financial Responsibility

6. New non resident students, or non resident transfer students, who are not subject to re30 application requirements in section 7 below, will be admitted only until the end of31 September for attendance beginning in Fall semester and will be admitted only until the32 end of January for attendance beginning in Spring semester. Admission of non resident33 students after those dates will not be allowed.

3. Usually, nonresident students who do not qualify for mandatory attendance will not be18 admitted to District schools. Exceptions are foreign exchange students, under Policy19 3145, and children in the immediate family of nonresident District employees. The20 District, at its discretion, also may consider for admission other nonresident students.

2524

The Board, recognizing that its resident students need an orderly educational process and7 environment, free from disruption, overcrowding, and any kind of violence or disruptive8 influences, hereby establishes criteria for the discretionary admission of nonresident students.

5. The District has the option of accepting a nonresident student who does not meet the26 criteria set forth by the administration, if the student agrees to special conditions of27 admission as set forth by the District.

109

7. Every nonresident student who attends District schools must reapply for admission for36 the succeeding school year by June 15. Admission in one school year does not infer or37 guarantee admission in subsequent years.

1. Except as required by § 20 5 321, MCA, the District will admit nonresident students at11 its discretion. As such, the District will screen all nonresident students and consider only12 those who meet the criteria set forth in this policy.

3534

1716

3938

Discretionary Nonresident Student Attendance Policy

4. The District will examine a student’s records from previous school districts before any23 Board approval for admission.

1413

4342

2221

2. The Superintendent will recommend to the Board any nonresident student admission in15 accordance with this policy, with the Board making the final decision on admission.

2928

8. The District will not admit nonresident students when doing so would require hiring40 additional staff or providing educational services not currently offered or would create41 crowding of existing classes.

9 All resident students who become nonresidents because their parents or guardians move44 out of the District may continue attendance for the semester, barring registration in45 another District. At the completion of the semester, a student must apply as a nonresident46

10. The Board reserves the right to charge tuition for nonresident students. At its discretion,5 the Board may charge or waive tuition for all students whose tuition is required to be paid6 by one kind of entity, defined as either a parent or guardian or a school district. Any7 waiver of tuition will be applied equally to all students whose tuition is paid by the same8 kind of entity (i.e., if the District charges tuition in those circumstances where a resident9 district pays but waives tuition in those circumstances where a parent or guardian is10 responsible for tuition, the tuition waiver will be applicable to all students whose parents11 or guardians bear the responsibility for payment).

§ 20 5 321, MCA Attendance with mandatory approval tuition and28 transportation29

1312

11. All nonresident students will be considered ineligible transportees for school14 transportation services (§ 20 10 101, MCA).

13. The Board will not admit any non resident student who is expelled from another school20 district.

Policy History:35

Legal Reference: § 20 5 314, MCA Reciprocal attendance agreement with adjoining25 state or province26

Revised on: 10/04/01, 01/14/02, 09/11/0738

Adopted on: 12/14/9836

3433

14 All application forms must be completed prior to attendance.

2221

§ 20 5 320, MCA Attendance with discretionary approval27

1918

1 31412 page 2 of 243

§ 20 5 322, MCA Residency determination notification appeal for30 attendance agreement31

student.

Reviewed on: 11/09/201037

1615

12. The Board may declare an emergency which, in its opinion, necessitates the removal of17 all nonresident students from District schools.

§ 20 5 323, MCA Tuition and transportation rates32 10.10.301B, ARM Out of District Attendance Agreements

2423

Legal Reference: § 20-9-311(a), MCA Calculation of average number belonging (ANB) 3 year averaging

Part-Time Attendance

Although it is the desire of the Board to accommodate the educational needs of all students residing within its District boundaries who are not otherwise enrolled in an educational program,8 it shall be the policy of the District to not allow such students to enroll on a part time basis for9 academic classes.

Reviewed on: 11/09/201019 Revised on:20

1615

Policy History:17

Lame Deer Public Schools

315043

13121110

Adopted on: 12/14/9818

STUDENTS

14131211

STUDENTS

Policy History:23

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.

320043

1716

Cross Reference: 3231 Searches and Seizure15 3310 Student Discipline

Adopted on: 12/14/9824

Lame Deer Public Schools

Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)2221

Legal Reference: § 20 4 302, MCA Discipline and punishment of pupils definition of18 corporal punishment penalty defense19 § 20 5 201, MCA Duties and sanctions20

Student Rights and Responsibilities

Reviewed on: 11/09/201025 Revised on:26

1514

STUDENTS

Inquiries regarding discrimination or intimidation should be directed to the District Title IX16 Coordinator. Any individual may file a complaint alleging violation of this policy by following17 the Uniform Complaint Procedure (Policy 1700).

321043

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 Education

Policy History:37

1918

3231

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.

2423

Equal Education, Nondiscrimination and Sex Equity

Reviewed on: 11/09/201039 Revised on: 10/15/02

Lame Deer Public Schools

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.

Adopted on: 12/14/9838

30292827

R21

Cross Reference: 1700 Uniform Complaint Procedure

1110

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 access13 to educational and extracurricular programs and activities.

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.

3635

The District will make equal educational opportunities available for all students without regard to race,7 color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental8 handicap or disability, economic or social condition, actual or potential marital or parental status No9 student will be denied equal access to programs, activities, services, or benefits or be limited in the10 exercise of any right, privilege, or advantage, or denied equal access to educational and extracurricular11 programs and activities.

R21

Inquiries regarding sexual harassment, sex discrimination, or sexual intimidation should be directed to the14 District Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education,15 or both.

Equal Educational Opportunity, Nondiscrimination, and Sex Equity

Legal Reference: Art. X, Sec. 7, Montana Constitution Nondiscrimination in education39 § 49 2 307, MCA Discrimination in education40 24.9.1001, et seq., ARM Sex Discrimination in Education Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq. 34 CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance

Cross Reference: 1700 Uniform Complaint Procedure34 3200 Student Rights and Responsibilities35 3225 Sexual Harassment/Intimidation of Students36 3226 Bullying/Harassment/Intimidation/Hazing

321043

Lame Deer Public Schools

3837

1312

4645

Any individual may file a complaint alleging violation of this policy, Policy 3200 Student Rights and21 Responsibilities, Policy 3225/3225P Sexual Harassment, or Policy 322622 Bullying/Harassment/Intimidation/Hazing by following those policies or Policy 1700 Uniform Complaint23 Procedure.

Adopted on: 12/14/9848

Inquiries regarding discrimination on the basis of disability or requests for accommodation should be18 directed to the District Section 504 Coordinator.

3332

Reviewed on: 11/09/201049 Revised on: 10/15/02, 1/10/22

STUDENTS

1716

The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence against30 students, staff, or volunteers with disabilities. The District will consider such behavior as constituting31 discrimination on the basis of disability, in violation of state and federal law.

Policy History:47

2928

2524

The District, in compliance with federal regulations, will notify annually all students, parents, staff, and26 community members of this policy and the designated coordinator to receive inquiries. This annual27 notification will include the name and location of the coordinator and will be included in all handbooks.

2019

Lame Deer Public Schools

Student Publications

All organizations must have the approval of the administration before any materials may be19 distributed to Lame Deer Schools students or posted on District property.

The administration shall develop guidelines to implement these standards and shall establish22 procedures for the prompt review of any materials which appear not to comply with the23 standards.

STUDENTS

322143

Student publications produced as part of the school’s curriculum or with the support of student7 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.109

2120

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 drug16 paraphernalia.1817

27262524

Policy History:28 Adopted on: 12/14/9829 Reviewed on:30 Revised on: 11/09/201031

Lame Deer Public Schools

Distribution and Posting of Materials

Adopted on: 03/09/0421 Reviewed on: 11/09/201022 Revised on:23

322243

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.

1312

Policy History:20

109

The building principals must approve all materials before they may be distributed by any11 organization.

STUDENTS

19181716

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.

322443

Policy History:20

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.

Lame Deer Public Schools

Student Dress

1312

Building administrators shall establish procedures for the monitoring of student dress and14 grooming in school or while engaging in extracurricular activities. Specific regulations shall be15 published annually in student handbooks.

19181716

STUDENTS

Adopted on: 12/14/9821 Reviewed on:22 Revised on: 11/09/201023

Sexual Harassment of Students

The District does not discriminate on the basis of sex in any education program or activity that it7 operates. The District is required by Title IX of the Education Amendments of 1972 and the8 regulations promulgated through the U.S. Department of Education not to discriminate in such a9 manner. Inquiries about the application of Title IX to the District may be referred to the10 District’s Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of11 Education, or both.

1. A District employee conditioning the provision of an aid, benefit, or service of the22 District on an individual’s participation in unwelcome sexual conduct;

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and25 objectively offensive that it effectively denies a person equal access to the District’s26 education program or activity or

3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in29 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8) or30 “stalking” as defined in 34 USC 12291(a)(30).

3635

An individual is not required to submit a report of sexual harassment involving the Title IX37 coordinator. In the event the Title IX Coordinator is responsible for or a witness to the alleged38 harassment, the individual may report the allegations to the building principal or superintendent39 or other unbiased school official.

3231

2423

1312

2120

When the harassment or discrimination on the basis of sex does not meet the definition of sexual33 harassment, the Title IX Coordinator directs the individual to the applicable sex discrimination34 process for investigation.

Any person may report sex discrimination, including sexual harassment, at any time, including14 during non business hours. Such a report may be made in person, by mail, by telephone or by15 electronic mail, using the contact information listed for the Title IX Coordinator, or by any other16 means that results in the Title IX Coordinator receiving the person’s verbal or written report.

46454443424140

2827

1817

For purposes of this policy and the grievance process, “sexual harassment” means conduct on the19 basis of sex that satisfies one or more of the following:

Training Requirements

The District provides notice to applicants for admission and employment, students, parents or29 legal guardians of elementary and secondary school students, employees and the union(s) with30 the name or title, office address, email address and telephone number of the Title IX Coordinator31 and notice of the District grievance procedures and process, including how to report or file a32 complaint of sex discrimination, how to file a formal complaint of sexual harassment and how33 the District will respond. The District also posts the Title IX Coordinator’s contact information34 and Title IX policies and procedures in a prominent location on the District website and in all35 handbooks made available by the District.

The District must keep confidential the identity of any individual who has made a report or19 complaint of sex discrimination, including any individual who has made a report or filed a20 formal complaint of sexual harassment, any individual who has been alleged to be the victim or21 perpetrator of conduct that could constitute sexual harassment, and any witness, except as may22 be permitted by Family Educational Rights and Privacy Act (FERPA) or as required by law, or23 to carry out the purposes of the Title IX regulations, including the conduct of any investigation,24 hearing or judicial proceeding arising thereunder.

Notice Requirements

2827

3736

3938

Confidentiality

Retaliation Prohibited

The District ensures that Title IX Coordinators, investigators, decision makers, and any person40 who facilitates an informal resolution process, receives training on the definition of sexual41 harassment, the scope of the District’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals and informal resolution processes, when applicable, and how to serve impartially including by avoiding prejudgment of44 the facts at issue, conflicts of interest and bias. The District also ensures that decision makers

1615

1817

2625

The District prohibits intimidation, threats, coercion or discrimination against any individual for7 the purpose of interfering with any right or privilege secured by Title IX or this policy, or8 because the individual has made a report or complaint, testified, assisted, or participated or9 refused to participate in any manner in an investigation proceeding or hearing, if applicable.10 Intimidation, threats, coercion, or discrimination, including charges against an individual for11 code of conduct violations that do not involve sex discrimination or sexual harassment, but arise12 out of the same facts or circumstances as a report or complaint of sex discrimination, or a report13 or formal complaint of sexual harassment, for the purpose of interfering with any right or14 privilege secured by Title IX or this part, constitutes retaliation.

2019

Cross Reference: Policy 3210 Equal Education, Nondiscrimination and Sex Equity29 Policy 3225P Sexual Harassment Procedures

2827

4443

The individual who has been reported to be the perpetrator of conduct that could constitute23 sexual harassment is presumed not responsible for alleged conduct. A determination regarding24 responsibility will be made by the decision maker at the conclusion of the investigation in25 accordance with the process outlined in Policy 3225P. No disciplinary sanctions will be imposed26 unless and until a final determination of responsibility is reached.

10.55.701(1)(f), ARM Board of Trustees 10.55.719, ARM Student Protection Procedures 10.55.801(1)(a), ARM School Climate

Determination of Responsibility2221

1615

432 32255 Page 3 of 376

and investigators receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual

The District ensures that Title IX Coordinators, investigators, decision makers, and any person17 who facilitates an informal resolution process do not have a conflict of interest or bias for or18 against complainants or respondents generally or an individual complainant or respondent.

Conflict of Interest and Bias

behavior are not relevant as set forth in the formal procedures that follow, and training on any8 technology to be used at a live hearing, if applicable. Investigators also receive training on9 issues of relevance to create an investigative report that fairly summarizes relevant evidence. All10 materials used to train individuals who receive training under this section must not rely on sex11 stereotypes and must promote impartial investigations and adjudications of formal complaints of12 sexual harassment and are made publicly available on the District’s website.

Civil Rights Act, Title VI; 42 USC 2000d et seq. Civil Rights Act, Title VII; 42 USC 2000e et seq. Education Amendments of 1972, Title IX; 20 USC 1681 et seq. 34 CFR Part 106 Nondiscrimination on the basis of sex in38 education programs or activities receiving Federal financial assistance

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties33 §§ 49 3 101, et seq., MCA Montana Human Rights Act

Policy History:45 Adopted on: 12/14/98

1413

323130

Reviewed on: 11/09/2010

Revised on: 1/10/22

d. Making submission to or rejection of such unwelcome conduct the basis for24 academic decisions affecting a student.

1413

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

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; or

2. Has the purpose or effect of:1615

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:

a. Substantially interfering with a student’s educational environment;1817

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.3938

c. Depriving a student of educational aid, benefits, services, opportunities, or21 treatment; or2322

Sexual Harassment/Intimidation of Students

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.

2625

b. Creating an intimidating, hostile, or offensive educational environment;2019

1110

3332

Nondiscrimination on the basis of sex in28 education programs or activities receiving29 Federal financial assistance

Cross Reference: 1700 Uniform Complaint Procedure

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties25 §§ 49-3-101, et seq., MCA Montana Human Rights Act26

1211

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.

Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.27 34 CFR Part 106

An individual with a complaint alleging a violation of this policy should follow the Uniform18 Complaint Procedure.

Policy History:32 Adopted on: 12/14/9833 Reviewed on: 11/09/201034 Revised on:35

2423

Any individual seeking further information should consult the Superintendent for the name of the13 current Title IX Coordinator for the District. The building principals will ensure that student and14 employee handbooks include the name, address, and telephone number of an individual15 responsible for coordinating District compliance efforts.

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.

22212019

3130

1716

5150

This form is not required. Complaints may be submitted in any manner noted in Policy 3225. The form may be used by the4 Title IX Coordinator to document allegations. Date Student’s name

• Describe the incident(s). ______________________________________________________

44434241

Signatures of parents/legal guardians _______________________________________________4847

Retaliation is prohibited by federal law and district policy. The identity of the individual signing this form will49 remain confidential in accordance with law and policy.

• Were other individuals involved in the incident(s)?  yes  no22 If so, name the individual(s) and explain their roles. ____________________________________2726252423

• Who was responsible for the harassment or incident(s)? ______________________________

• Were there any prior incidents?  yes  no40 If so, describe any prior incidents. __________________________________________________

Signature of complainant _________________________________________________________4645

___________________87

109

Sexual Harassment Reporting/Intake Form for Students

• Did you take any action in response to the incident?  yes  no34 If yes, what action did you take? ___________________________________3938373635

• Did anyone witness the incident(s)?  yes  no28 If so, name the witnesses. ________________________________________________________3332313029

65 School ______________________________________________

17161514

131211

• Date(s), time(s), and place(s) the incident(s) occurred. _______________________________21201918

1413

Deer Public Schools R21 STUDENTS 3225P3 page 1 of 954

1615

“Complainant:” an individual who is alleged to be the victim of conduct that could constitute27 sexual harassment.

2120

“Actual knowledge:” notice of sexual harassment or allegations of sexual harassment to the17 District’s Title IX Coordinator or any official of the District who has authority to institute18 corrective measures on behalf of the District, or to any employee of an elementary or secondary19 school.

2928

3231

“Supportive measures:” non disciplinary, non punitive individualized services offered as37 appropriate, as reasonably available and without fee or charge to the Complainant or Respondent38 before or after the filing of a formal complaint or where no formal complaint has been filed.

4039

District Requirements

The Board requires the following grievance process to be followed for the prompt and equitable8 resolution of student complaints alleging any action that would be prohibited as sexual9 harassment by Title IX. The Board directs the process to be published in accordance with all10 statutory and regulatory requirements.

1211

4241

The following definitions apply for Title IX policies and procedures:

2625

“Respondent:” an individual who has been reported to be the perpetrator of conduct that could30 constitute sexual harassment.

3635

Lame

When the District has actual knowledge of sexual harassment in an education program or activity43 of the District, the District will respond promptly in a manner that is not deliberately indifferent.44 When the harassment or discrimination on the basis of sex does not meet the definition of sexual45

“Formal complaint:” a document filed by a Complainant or signed by the Title IX Coordinator33 alleging sexual harassment against a Respondent and requesting that the District investigate the34 allegation of sexual harassment.

Sexual Harassment Grievance Procedure Students

“Education program or activity:” includes locations, events or circumstances over which the22 District exercised substantial control over both the individual who has been reported to be the23 perpetrator of conduct that could constitute sexual harassment, and the context in which the24 sexual harassment occurs.

Definitions

Response to a Formal Complaint

2 3225P3 Page 2 of 954

The District has established reasonably prompt time frames for the conclusion of the grievance28 process, including time frames for filing and resolving appeals and informal resolution processes.29 The grievance process may be temporarily delayed or extended for good cause. Good cause may30 include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent31 law enforcement activity; or the need for language assistance or accommodation of disabilities.32 In the event the grievance process is temporarily delayed for good cause, the District will provide33 written notice to the Complainant and the Respondent of the delay or extension and the reasons34 for the action.

4342

The District treats individuals who are alleged to be the victim (Complainant) and perpetrator6 (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive7 measures. Supportive measures are designed to restore or preserve equal access to the District’s8 education program or activity without unreasonably burdening the other party, including9 measures designed to protect the safety of all parties or the District’s educational environment, or10 deter sexual harassment. Supportive measures may include counseling, extensions of deadlines11 or other course related adjustments, modifications of work or class schedules, mutual restrictions12 on contact between the parties, leaves of absence, increased security and monitoring of certain13 areas of the District’s property, campus escort services, changes in work locations and other14 similar measures.

2726

The Title IX Coordinator is responsible for coordinating the effective implementation of17 supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly18 contact the Complainant to discuss the availability of supportive measures, consider the19 Complainant’s wishes with respect to supportive measures, inform the Complainant of the20 availability of supportive measures with or without the filing of a formal complaint, and explain21 to the Complainant the process for filing a formal complaint. If the District does not provide the22 Complainant with supportive measures, then the District must document the reasons why such a23 response was not clearly unreasonable in light of the known circumstances.

The District must follow the formal complaint process before the imposition of any disciplinary44 sanctions or other actions that are not supportive measures. However, nothing in this policy45 precludes the District from removing a Respondent from the District’s education program or

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At the time of filing a formal complaint, a Complainant must be participating in or attempting to39 participate in the education program or activity of the District with which the formal complaint is40 filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by41 electronic mail, or other means designated by the District.

Timelines

harassment, the Title IX Coordinator will direct the individual to the applicable sex1 discrimination process for investigation.

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activity on an emergency basis, provided that the District undertakes an individualized safety and1 risk analysis, determines that an immediate threat to the physical health or safety of any student2

If, in the course of an investigation, the District decides to investigate allegations about the37 Complainant or Respondent that are not included in the notice initially provided, notice of the38 additional allegations must be provided to known parties.

5. Notice to the parties of any provision in the District’s code of conduct or policy that33 prohibits knowingly making false statements or knowingly submitting false34 information.

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Upon receipt of a formal complaint, the District must provide written notice to the known parties14 including:

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3231

The District may consolidate formal complaints as to allegations of sexual harassment against41 more than one Respondent, or by more than one Complainant against one or more Respondents,42 or by one party against the other party, where the allegations of sexual harassment arise out of43 the same facts or circumstances.

2. An explanation of the District’s investigation procedures, including any informal23 resolution process;

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1. Notice of the allegations of sexual harassment, including information about the17 identities of the parties involved in the incident, the conduct allegedly constituting18 sexual harassment, the date and location of the alleged incident, and any sufficient19 details known at the time. Such notice must be provided with sufficient time to20 prepare a response before any initial interview;

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4. Notice to the parties that they may have an advisor of their choice who may be, but30 is not required to be, an attorney, and may inspect and review any evidence; and

or other individual arising from the allegations of sexual harassment justifies removal, and5 provides the Respondent with notice and an opportunity to challenge the decision immediately6 following the removal. A period of removal may include the opportunity for the student to7 continue instruction in an offsite capacity. The District may also place a non student employee8 Respondent on administrative leave during the pendency of the grievance process. This9 provision may not be construed to modify any rights under the Individuals with Disabilities10 Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities11 Act.

3. A statement that the Respondent is presumed not responsible for the alleged26 conduct and that a determination regarding responsibility will be made by the27 decision maker at the conclusion of the investigation;

When investigating a formal complaint and throughout the grievance process, the District must:

9. Not make creditability determinations based on the individual’s status as Complainant,37 Respondent or witness;3938

2. Provide an equal opportunity for the parties to present witnesses and evidence;

8. Ensure that Title IX Coordinators, investigators, decision makers and individuals who32 facilitate an informal resolution process, do not have a conflict of interest or bias for or33 against Complainants or Respondents generally or an individual Complainant or34 Respondent;3635

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1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach9 a determination regarding responsibility rests on the District and not the parties’;

3. Not restrict either party’s ability to discuss the allegations under investigation or to14 gather and present relevant evidence;

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1110

10. Not use questions or evidence that constitute or seek disclosure of privileged40 information unless waived.

5. Provide written notice of the date, time, location, participants, and purpose of any22 interview or meeting at which a party is expected to participate, with sufficient time for23 the party to prepare to participate;2524

If the conduct alleged in the formal complaint would not constitute sexual harassment even if45 proved, did not occur in the District’s education program or activity, or did not occur against a46

6. Provide the parties equal access to review all the evidence collected which is directly26 related to the allegations raised in a formal complaint and comply with the review27 periods outlined in this process;2928

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4. Allow the parties to be accompanied with an advisor of the party’s choice who may be,17 but is not required to be, an attorney. The District may establish restrictions regarding18 the extent to which the advisor may participate in the proceedings, as long as the19 restrictions apply equally to both parties;

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Investigation of a Formal Complaint

Dismissal of Formal Complaints

7. Objectively evaluate all relevant evidence without relying on sex stereotypes;3130

The District provides both parties an equal opportunity to inspect and review any evidence24 obtained as part of the investigation so that each party can meaningfully respond to the evidence25 prior to the conclusion of the investigation. The evidence provided by the District must include26 evidence that is directly related to the allegations in the formal complaint, evidence upon which27 the District does not intend to rely in reaching a determination regarding responsibility, and any28 inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to29 completion of the investigative report, the Title IX Coordinator must send to each party and the30 party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a31 hard copy. The parties have 10 calendar days to submit a written response to the Title IX32 Coordinator, which the investigator will consider prior to completion of the investigative report.

The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any8 time during the investigation or hearing, if applicable, when any of the following apply:

1817

2. the Respondent is no longer enrolled or employed by the District or;

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Evidence Review

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4241

109

Investigative Report

3. specific circumstances prevent the District from gathering evidence sufficient to reach a16 determination as to the formal complaint or allegations therein.

Decision Maker’s Determination

person in the United States, then the District must dismiss the formal complaint with regard to5 that conduct for purposes of sexual harassment under this policy.

1. a Complainant provides written notification to the Title IX Coordinator that the11 Complainant would like to withdraw the formal complaint or any allegations therein;

Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the19 reasons for dismissal simultaneously to both parties.

The investigator must prepare an investigative report that fairly summarizes relevant evidence37 and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each38 party and the party’s advisor, if any, the investigative report in an electronic format or a hard39 copy, for their review and written response. The parties have 10 calendar days to submit a40 written response to the Title IX Coordinator.

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The investigative report is submitted to the decision maker. The decision maker cannot be the same person(s) as the Title IX Coordinator or the investigator. The decision maker cannot hold a

1918

1. Identify the allegations potentially constituting sexual harassment;2423

A copy of the written determination must be provided to both parties simultaneously, and43 generally will be provided within 60 calendar days from the District’s receipt of a formal44 complaint.

hearing or make a determination regarding responsibility until 10 calendar days from the date the5 Complainant and Respondent receive the investigator’s report.

Prior to reaching a determination regarding responsibility, the decision maker must afford each8 party the opportunity to submit written, relevant questions that a party wants asked of any party9 or witness, provide each party with the answers, and allow for additional, limited follow up10 questions from each party. Questions and evidence about the Complainant’s sexual11 predisposition or prior sexual behavior are not relevant, unless such questions and evidence12 about the Complainant’s prior sexual behavior are offered to prove that someone other than the13 Respondent committed the conduct alleged by the Complainant, or if the questions and evidence14 concern specific incidents of the Complainant’s prior sexual behavior with respect to the15 Respondent and are offered to prove consent. Questions must be submitted to the Title IX16 Coordinator within three calendar days from the date the Complainant and Respondent receive17 the investigator’s report.

2. Describe the procedural steps taken, including any notifications to the parties,25 interviews with parties and witnesses, site visits, methods used to gather evidence, and26 hearings held;2827

The decision maker must issue a written determination regarding responsibility based on a20 preponderance of the evidence standard. The decision maker’s written determination must:2221

5. Address each allegation and a resolution of the complaint including a determination34 regarding responsibility, the rationale therefor, any recommended disciplinary35 sanction(s) imposed on the Respondent, and whether remedies designed to restore or36 preserve access to the educational program or activity will be provided by the District37 to the Complainant and3938

6. The procedures and permissible bases for the Complainant and/or Respondent to appeal40 the determination.

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4241

3. Include the findings of fact supporting the determination;3029

4. Draw conclusions regarding the application of any District policies and/or code of31 conduct rules to the facts;3332

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201918

4039

3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or31 bias for or against Complainants or Respondents generally or an individual32 Complainant or Respondent that affected the outcome.

The request to appeal must be made in writing to the Title IX Coordinator within seven calendar35 days after the date of the written determination. The appeal decision maker must not have a36 conflict of interest or bias for or against Complainants or Respondents generally or an individual37 Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the38 decision maker from the original determination.

The appeal decision maker must notify the other party in writing when an appeal is filed and41 give both parties a reasonable equal opportunity to submit a written statement in support of, or42 challenging, the outcome. After reviewing the evidence, the appeal decision maker must issue a43 written decision describing the result of the appeal and the rationale for the result. The decision44 must be provided to both parties simultaneously, and generally will be provided within 1045 calendar days from the date the appeal is filed.46

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3029

Where a determination of responsibility for sexual harassment has been made against the10 Respondent, the District will provide remedies to the Complainant that are designed to restore or11 preserve equal access to the District’s education program or activity. Such remedies may include12 supportive measures; however, remedies need not be non disciplinary or non punitive and need13 not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective14 implementation of any remedies. Following any determination of responsibility, the District may15 implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated16 agreement. For students, the sanctions may include disciplinary action, up to and including17 permanent exclusion.

2726

2. New evidence that was not reasonably available at the time that could affect the28 outcome and

2221

Either the Complainant or Respondent may appeal the decision maker’s determination regarding23 responsibility or a dismissal of a formal complaint, on the following bases:

The determination regarding responsibility becomes final either on the date that the District5 provides the parties with the written determination of the result of the appeal, if an appeal is6 filed, or if an appeal is not filed, the date on which an appeal would no longer be considered7 timely.

Appeals

1. Procedural irregularity that affected the outcome of the matter;

The informal resolution process generally will be completed within 30 calendar days, unless the29 parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process.30 The formal grievance process timelines are stayed during the parties’ participation in the31 informal resolution process. If the parties do not reach resolution through the informal resolution32 process, the parties will resume the formal complaint grievance process, including timelines for33 resolution, at the point they left off.

Informal Resolution Process

A. The allegations;

B. The requirements of the informal resolution process including the circumstances17 under which it precludes the parties from resuming a formal complaint arising18 from the same allegations, provided, however, that at any time prior to agreeing to19 a resolution, any party has the right to withdraw from the informal resolution20 process and resume the Title IX formal complaint process with respect to the21 formal complaint; and2322

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2. Obtains the parties’ voluntary, written consent to the informal resolution process.

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The District must maintain for a period of seven years records of:

2827

Except when concerning allegations that an employee sexually harassed a student, at any time7 during the formal complaint process and prior to reaching a determination regarding8 responsibility, the District may facilitate an informal resolution process, such as mediation, that9 does not involve a full investigation and determination of responsibility, provided that the10 District:

1. Each sexual harassment investigation, including any determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the District’s education program or activity;

4443

1. Provides to the parties a written notice disclosing:

Recordkeeping

3938

1413

C. Any consequences resulting from participating in the informal resolution process,24 including the records that will be maintained or could be shared.2625

1615

2. Any appeal and the result therefrom;

4645

3. Any informal resolution and the result therefrom; and1

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties19 Section 49 3 101, et seq., MCA, Montana Human Rights Act20

The District must create, and maintain for a period of seven years, records of any actions,9 including any supportive measures, taken in response to a report or formal complaint of sexual10 harassment. In each instance, the District must document the basis for its conclusion that its11 response was not deliberately indifferent, and document that it has taken measures designed to12 restore or preserve equal access to the District’s education program or activity.

3225P2 page 9 of 943

Policy 3310 Student Discipline

4. All materials used to train Title IX Coordinators, investigators, decision-makers, and5 any person who facilitates an informal resolution process. The District must make6 these training materials publicly available on its website.

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Civil Rights Act, Title VI; 42 USC 2000d et seq.21 Civil Rights Act, Title VII; 42 USC 2000e et seq.22 Education Amendments of 1972, Title IX; 20 USC 1681 et seq.23 Section 20 5 201, MCA, Duties and Sanctions24 Section 20 5 202, MCA, Suspension and Expulsion25 34 CFR Part 106 Nondiscrimination on the basis of sex in26 education programs or activities receiving27 Federal financial assistance28 10.55.701(1)(f), ARM Board of Trustees29 10.55.719, ARM Student Protection Procedures30 10.55.801(1)(a), ARM School Climate

Policy History:33

Adopted on: 1/10/2234 Reviewed on:35 Revised on:36

3231

Cross Reference: Policy 3210 Equal Education, Nondiscrimination and Sex Equity15 Policy 3225 Sexual Harassment16

d. Substantially and materially disrupts the orderly operation of a school.44

Lame Deer Public Schools

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.

c. Creating a hostile educational environment, or;43

R21 STUDENTS 32263 Page 1 of 24

Bullying/Harassment/Intimidation/Hazing

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5. “Electronic communication device” means any mode of electronic communication,45 including but not limited to computers, cell phones, PDAs, or the internet.46

3. “Hazing” includes but is not limited to any act that recklessly or intentionally endangers the22 mental or physical health or safety of a student for the purpose of initiation or as a condition or23 precondition of attaining membership in or affiliation with any District sponsored activity or24 grade level attainment, including but not limited to forced consumption of any drink, alcoholic25 beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged26 exclusion from social contact, sleep deprivation, or any other forced activity that could adversely27 affect the mental or physical health or safety of a student; requires, encourages, authorizes, or28 permits another to be subject to wearing or carrying any obscene or physically burdensome29 article, assignment of pranks to be performed, or other such activities intended to degrade or30 humiliate.31

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

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Definitions

a. Physically harming a student or damaging a student’s property;40

b. Knowingly placing a student in reasonable fear of physical harm to the student or41 damage to the student’s property;42

4. "Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning32 gesture or physical contact, including any intentional written, verbal, or electronic communication33 (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and34 that substantially interferes with a student’s educational benefits, opportunities, or performance,35 that takes place on or immediately adjacent to school grounds, at any school sponsored activity,36 on school provided transportation, at any official school bus stop, or anywhere conduct may37 reasonably be considered to be a threat or an attempted intimidation of a student or staff member38 or an interference with school purposes or an educational function, and that has the effect of:39

2. “District” includes District facilities, District premises, and non District property if the student or18 employee is at any District sponsored, District approved, or District related activity or function,19 such as field trips or athletic events, where students are under the control of the District or where20 the employee is engaged in District business.21

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3225F Harassment Reporting/Intake Form for Students

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Cross Reference: 3225 Sexual Harassment

§ 20 50 209, MCA Bullying of student prohibited

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All complaints about behavior that may violate this policy shall be promptly investigated. Any4 student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she5 has been a victim of hazing, harassment, intimidation, or bullying in violation of this policy is encouraged6 to immediately report his/her concerns to the building principal or the District Administrator, who have7 overall responsibility for such investigations. A student may also report concerns to a teacher or8 counselor, who will be responsible for notifying the appropriate District official. Complaints against the9 building principal shall be filed with the Superintendent. Complaints against the Superintendent or10 District Administrator shall be filed with the Board.

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Retaliation and Reprisal39

§ 20 5 208, MCA Definition

When an employee has actual knowledge that behavior in violation of this policy is sexual harassment,27 the employee must contact the Title IX Coordinator. The Title IX sexual harassment grievance process28 will be followed, if applicable, prior to imposing any discipline that cannot be imposed without resolution29 of the Title IX process.

Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a40 complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a41 serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be42 regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.

Legal Reference: § 20 5 207, MCA “Bully Free Montana Act”

A person alleging violation of any form of harassment, intimidation, hazing, or threatening, insulting, or17 demeaning gesture or physical contact, including any intentional written, verbal, or electronic18 communication, as stated above, may seek redress under any available law, either civil or criminal, after19 exhausting all administrative remedies.

Exhaustion of administrative remedies16

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The District Administrator shall be responsible for ensuring notice of this policy is provided to students,23 staff, and third parties and for the development of administrative regulations, including reporting and24 investigative procedures, as needed.

2625

Consequences

Responsibilities22

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial13 action has been taken.

3225 Sexual Harassment Grievance Procedure

Reporting3

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and33 including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to34 discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this35 policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator36 or the Board. Individuals may also be referred to law enforcement officials.

§ 20 5 210, MCA Enforcement exhaustion of administrative remedies1 10.55.701(2)(f), ARM Board of Trustees2 10.55.719, ARM Student Protection Procedures3 10.55.801(1)(d), ARM School Climate4

Policy History:5 Adopted on: 06/11/026 Reviewed on:7 Revised on: 04/13/06, 12/12/06, 11/09/2010, 1/10/22

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School Property and Equipment and Personal Effects of Students

2120

School authorities are authorized to utilize any reasonable means of conducting searches,19 including but not limited to the following:

3938

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.

Students

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School authorities may inspect and search school property and equipment owned or controlled30 by the District (such as lockers, desks, and parking lots).

Searches and Seizure

2726

2. A search of the student’s clothing, including pockets;23

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.

1. A “pat down” of the exterior of the student’s clothing;22

4. Devices or tools such as breath-test instruments, saliva test strips, etc.

3. A search of any container or object used by, belonging to, or otherwise in the possession24 or control of a student; and/or25

3231

The building principals may request the assistance of law enforcement officials, including their33 use of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots,34 and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous35 substances or material.

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

3029

Policy History:31

Reviewed on:33 Revised on: 10/10/06, 12/11/07, 11/09/2010

Legal Reference:

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25242322

Adopted on: 12/14/9832

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.

Also, by parking in the school parking lots, the student consents to having his/her vehicle13 searched if the school authorities have any other reasonable suspicion to believe that a violation14 of school rules or policy has occurred.

devices.

Terry v. Ohio, 392 U.S. 1, 20 (1968)28

Safford Unified School Dist. No. 1 v. Redding, _____ U.S. _____, 12926 S.Ct. 2633 (2009)27

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.

Seizure of Property

1817

1615

B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260

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.

STUDENTS

4. No student shall hinder, obstruct, or prevent any search authorized by this procedure.

The authorized administrator may perform random searches of any locker or20 container of any kind on school premises without notice or consent.

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Reviewed on:45 Revised on: 12/12/06, 11/09/2010

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.

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2221

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.

The following rules shall apply to any searches and the seizure of any property by school personnel:

2726

Procedure History:43

1312

Promulgated on: 12/14/98

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.

Searches and Seizure

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3231P43

Lame Deer Public Schools

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.

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.

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3938

Policy History:40 Adopted on: 03/09/04 Reviewed on: 11/09/2010 Revised on:43

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109

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.

1918

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.

2221

5. The meeting does not materially and substantially interfere with the orderly conduct of23 educational activities within the school.

6. Non-school persons may not direct, conduct, control, or regularly attend activities.

STUDENTS

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Legal Reference: 20 U.S.C. 4071 Equal Access Act37 Board of Education v. Mergens, 110 S.Ct. 2356 (1990)

323343

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.

4. Employees or agents of the school or government are present only in a non participatory20 capacity.

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36353433

3. The meeting must occur during non instructional time on regular school days.

2524

2. There is no sponsorship of the meeting by the school, the government, or its agents or15 employees.

The following criteria must be met:

1. The meeting is voluntary and student initiated.

Student Use of Buildings: Equal Access

Lame Deer Public Schools

1615

STUDENTS

1110

2019

323543

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, and equipment. The Superintendent will approve appropriate locations for9 video cameras.

Video Surveillance

Cross Reference: 3600 Student Records

Lame Deer Public Schools

The building principals 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.

2726

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.

2524232221

Policy History:28 Adopted on: 10/11/0529 Reviewed on: 11/09/201030 Revised on:31

Video recordings will be totally without sound.

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R21

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.

§ 20 5 105, MCA

Lame Deer Public Schools

Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act35 34 CFR 300.519 521

STUDENTS

The Superintendent will develop procedures to implement this policy and submit the procedures to the32 Board for its advice and consent.

§ 20 5 106, MCA Truancy

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Attendance officer powers and duties

Suspension and Expulsion

Upon a finding by a school administrator that the immediate return to school by a student would be25 detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a26 student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student27 is granted an informal hearing with the school administrator prior to the additional suspension, and if the28 decision to impose the additional suspension does not violate the Individuals with Disabilities Education29 Act (IDEA), 20 U.S.C. 1400, et seq.

Students with disabilities will be suspended or expelled pursuant to provisions of the Individuals with22 Disabilities Education Act (IDEA) and corresponding Montana law.

• “Suspension” means the exclusion of a student from attending individual classes or school and15 participating in school activities for an initial period not exceed ten (10) school days. An16 administrator may order suspension of a student.

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

§ 20 5 201, MCA

§ 20 4 302, MCA Discipline and punishment of pupils definition of corporal punishment penalty defense

Aversive Treatment Procedures Goss v. Lopez, 419 US 565 (1975)

1817

Policy History:47

Adopted on: 12/14/98

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§ 20 5 202, MCA Suspension and expulsion ARM 10.16.3346

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Procedural Safeguards

3433

Duties and sanctions

The following definitions apply for purposes of this policy:

Reviewed on:49 Revised on: 04/13/06, 11/09/2010

• “Expulsion” is any removal of a student for more than twenty (20) school days without the19 provision of educational services. Expulsion is a disciplinary action available only to the Board.

4342

The procedure set forth below will be followed when a proposed punishment of a student is to include denial of the right of school attendance from any single class or from a full schedule of classes for at least one (1) day.

3300P3 page 1 of 24

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The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a recommendation for expulsion, which will be sent by registered or certified mail at45 least five (5) school days before the date of the scheduled hearing. The notice will include time

4039

Before any suspension is ordered, a building administrator will meet with a student to explain16 charges of misconduct, and the student will be given opportunity to respond to the charges.

1817

The Board, and only the Board, may expel a student from school and may do so only after following due process procedures set forth below.

2928

Expulsion

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R21

A building administrator will report any suspension immediately to a student’s parent or legal24 guardian. An administrator will provide a written report of suspension that states reasons for a25 suspension, including any school rule that was violated, and a notice to a parent or guardian of26 the right to a review of a suspension. An administrator will send a copy of the report and notice27 to the Superintendent.

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The Board recognizes that every student is entitled to due process rights that are provided by7 law.

STUDENTS

Lame Deer Public Schools

The Superintendent will conduct a review of any suspension on request of a parent or legal30 guardian. A student and parent or legal guardian may meet with the Superintendent to discuss31 suspension. After the meeting and after concluding a review, the Superintendent will take such32 final action as appropriate.

When a student’s presence poses a continuing danger to persons or property or poses an ongoing19 threat of disruption to the educational process, a pre suspension conference will not be required,20 and an administrator may suspend a student immediately. In such cases, a building administrator21 will provide notice of and schedule a conference as soon as practicable following the suspension.

Suspension

Corrective Actions and Punishment

Students who are absent as a result of a suspension are responsible for the work missed. Credit shall be granted for the makeup work, in the event the student turns in the work within the time set by the teacher

1514

2423

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Procedures for Suspension and Expulsion of Students With Disabilities

1211

At hearing the student may be represented by counsel, present witnesses and other evidence, and cross13 examine witnesses. The Board is not bound by formal rules of evidence in conducting the hearing.

Promulgated on: 12/14/98

1716

Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to8 consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good9 cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled.10 The Superintendent will determine if a request shows good cause to reschedule a hearing.

and place of hearing, information describing the process to be used to conduct the hearing, and notice that4 the Board intends to conduct the hearing in closed session unless a parent or legal guardian waives the5 student’s right to privacy.

Reviewed on:47 Revised on: 10/10/07, 11/09/2010

The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) when18 disciplining students. The Board will not expel any special education student when the student’s19 particular act of gross disobedience or misconduct is a manifestation of the student’s disability. The20 Board may expel pursuant to its expulsion procedures any special education student whose gross21 disobedience or misconduct is not a manifestation of the student’s disability. A disabled student will22 continue to receive education services as provided in the IDEA during a period of expulsion.

An administrator may remove from current placement any special education student who has carried a37 weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or38 solicits the sale of a controlled substance while at school or a school function. The District will place39 such student in an appropriate interim alternative educational setting for no more than forty five (45)40 school days in accordance with the IDEA.

44434241

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Procedure History:45

A building administrator may suspend a child with a disability from the child’s current placement for not25 more than ten (10) consecutive school days for any violation of school rules, and additional removals of26 not more than ten (10) consecutive school days in that same school year for separate incidents of27 misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b),28 whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling29 condition. Any special education student who has exceeded or who will exceed ten (10) days of30 suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the31 District demonstrates that maintaining the student in the student’s current placement is substantially likely32 to result in injury to the student or to others. After a child with a disability has been removed from his or33 her placement for more than ten (10) school days in the same school year, during any subsequent34 days of removal the public agency must provide services to the extent required under 34 CFR 300.121(d).

109

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.

• Engaging in any activity that constitutes an interference with school purposes or an38 educational function or any other disruptive activity.39

Student Discipline

1312

• Using, possessing, controlling, or transferring a weapon in violation of the “Possession of28 Weapons other than Firearms” section in policy 3311.29

• Defaces or damages any school building, school grounds, furniture, equipment, or book belonging to the district.

• 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 violence, force, noise, coercion, threats, intimidation, fear, or other comparable34 conduct toward anyone or urging other students to engage in such conduct.35

• Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic40 and habitual truants.

• Disobeying directives from staff members or school officials or disobeying rules and32 regulations governing student conduct.33

• 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, distributing, purchasing, or selling tobacco products, and alternative14 nicotine and vapor products as defined in 16 11 302, MCA.

• Causing or attempting to cause damage to, or stealing or attempting to steal, school36 property or another person’s property.

• 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 3226.

• Using, possessing, controlling, or transferring any object that reasonably could be30 considered or used as a weapon as referred to in policy 3311.31

Disciplinary action may be taken against any student guilty of gross disobedience or misconduct,11 including but not limited to instances set forth below:

• Loss of bus privileges28

• Clean up duty26

• Suspension24

These grounds stated above for disciplinary action apply whenever a student’s conduct is7 reasonably related to school or school activities, including but not limited to the circumstances8 set forth below:

Disciplinary Measures

• Expulsion23

• Restitution for damages to school property

The Superintendent or designee is authorized to assign a student to non disciplinary offsite39 instruction pending the results of an investigation or for reasons related to the safety or well-40 being of students and staff. During the period of non disciplinary offsite instruction, the student41 will be permitted to complete all assigned schoolwork for full credit. The assignment of non-42 disciplinary offsite instruction does not preclude the Superintendent or designee from43 disciplining a student who has, after investigation, been found to have violated a School District policy, rule, or handbook provision.

• Travel to and from school or a school activity, function, or event.

1918

• 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.

• Notification to juvenile authorities and/or police29

• On school grounds before, during, or after school hours or at any other time when school is being used by a school group.

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No District employee or person engaged by the District may inflict or cause to be inflicted32 corporal punishment on a student. Corporal punishment does not include reasonable force33 District personnel are permitted to use as needed to maintain safety for other students, school34 personnel, or other persons or for the purpose of self defense.

Disciplinary measures include but are not limited to:22

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Non Disciplinary Measures

• Detention, including Saturday school25

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109

• Loss of student privileges27

• Off school grounds at a school sponsored activity or event or any activity or event that13 bears a reasonable relationship to school.

• Anywhere conduct may reasonably be considered to be a threat or an attempted16 intimidation of bullying of a staff member or student, or an interference with school purposes or an educational function.

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3226 Bullying, Harassment16 5015 Bullying, Harassment

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§ 45 5 637, MCA Possession or consumption of tobacco28 products, alternative nicotine products, or29 vapor products by persons under 18 years of30 age is prohibited unlawful attempt to31 purchase penalties32

3225 Sexual Harassment of Students15

Delegation of Authority

1817

Legal Reference:

1312

Policy History:38 Adopted on: 12/14/9839

§ 20 4 302, MCA Discipline and punishment of pupils20 definition of corporal punishment penalty21 defense22

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Reviewed on:40 Revised on:10/15/02, 10/11/05, 12/12/06, 11/9/10, 2/22/21, 1/10/22

Cross Reference: 3300 Suspension and Expulsion14

29 U.S.C. § 701 Rehabilitation Act of 197333 Initiative 190 “Montana Marijuana Regulation and Taxation Act.”34 January 1, 2021

§ 16 11 302(1)(7), MCA Definitions19

§ 20 5 202, MCA Suspension and expulsion23

The Board grants authority to any teacher and to any other school personnel to impose on8 students under their charge any disciplinary measure, other than suspension or expulsion,9 corporal punishment, or in school suspension, that is appropriate and in accordance with policies10 and rules on student discipline. The Board authorizes teachers to remove students from11 classrooms for disruptive behavior.

§ 45 8 361, MCA Possession or allowing possession of24 weapon in school building exceptions25 penalties seizure and forfeiture or return26 authorized definitions27

↓ ↓

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 non disabled students would not receive services. Reg. 300.121(d)(1).

Code of Conduct Violations by Students With Disabilities, Resulting in Disciplinary Consequences of Ten (10) School Days or Less ↓

Lame Deer Public Schools

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).

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page3310P1of8

Discipline of Students With Disabilities

STUDENTS

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).

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).

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.

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, 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).

Student violates code of conduct, and the recommended disciplinary consequence would result in a removal from the current educational placement for more than ten (10) consecutive school days (alternate placement, expulsion). This constitutes a change of placement. Reg. 300.519(a).

The recommended disciplinary consequence may be for a removal from the current educational placement for less than ten (10) consecutive school days, but may constitute a change of placement because the student has already been removed for disciplinary reasons for ten (10) or more school days in the current school year, and the length of each removal, their proximity to each other, and the total amount of time the student has been removed result in a change of placement. Reg. 300.519(b).

Code of Conduct Violations by Students With Disabilities for Which Recommended Disciplinary Consequences Would Result in Change of Placement for More Than Ten (10) School Days (Excluding Drug and Weapon Offenses)

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 interven tion plan and its implementa tion, and modify the plan and its implementation as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

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).

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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).

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).

• The IEP and placement were appropriate;

• 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).

• Consistent with the content of the student’s IEP and placement, special education services, supplementary aids, and behavior intervention strategies were actually provided;

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:

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.

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).

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).

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).

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.

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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Drug and Weapon Offenses by Students With Disabilities

Illegal drug controlled substance. Excludes legally used and possessed prescription drugs. Sec. 1415(k)(10)(B); Reg. 300.520(d)(2).

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).

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).

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).

School personnel may remove from current educational placement for ten (10) school days or less, and recommend further discipline according to the code of conduct. Sec. 1415(k)(1)(A)(i); Reg. 300.520(a)(1)(i). (The ten (10) day or less alternative must be one equally applicable to non disabled students. See pp. 1 2 for education services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and special education and disciplinary records will be transmitted to law enforcement authorities to whom the crime was reported, to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9); Reg. 300.529.

At time decision is made to take this disciplinary action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504 Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

• 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).

• Enable student to progress in general curriculum, although in another setting;

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, includ ing those described in the student’s IEP, that will enable the student to meet the goals set out in that IEP; and

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.

The forty five (45) day alterna tive interim placement must:

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).

• The disability did not impair the ability of the student to control the misbehavior. Sec. 1415(k)(4)(C); Reg. 300.523(c).

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).

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).

• The disability did not impair the ability of student to understand the impact and consequences of the misbehavior; and

- or -

• The IEP and placement were appropriate;

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 place ment for up to forty five (45) days. Standards to be met are those in Sec. 1415(k)(2) and Reg. 300.521.

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).

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:

• 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;

o Enables the student to participate in the general curriculum, although in another setting;

↓ ↓ ↓ ↓

Students Dangerous to Self or Others

Sec. 1415(k)(2); Reg. 300.521(b), (c), (d); Reg. 300.522(b); Reg. 300.121(d)(2)(ii)(B).

o Include services and modification designed to address the behavior so that it does not recur.

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.

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.

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.

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

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.

• 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.

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).

• Determine that the interim alternative setting proposed by the school personnel, in consultation with special education teacher:

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.

Revised on:

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.

Reviewed on: 11/09/2010

Procedure PromulgatedHistory:on: 03/09/04

Activity Drug Testing Policy

➢ Drug: Any substance considered illegal or controlled by the Food and Drug Administration.

These rules govern any student who is involved in any form of seasonal extra curricular6 activities at Lame Deer High School. Any sanction imposed herein is additional, separate, and7 distinct from other sanctions, which may be imposed for violating rules outlined in the student8 handbook.

Definitions

2928

➢ Policy Statement: In order to provide for the health and safety of the individual22 participant and other participants, as well as providing a legitimate reason for students to23 say “NO’ to drug use and providing an opportunity for those taking drugs to receive help24 in locating programs which can provide assistance, the Lame Deer High School District25 is conducting a mandatory drug testing program for student activity participants. It is26 designed to create a safe, drug free environment for student activity participants and27 assist them in getting help when needed.

Procedures30

Mandatory Drug Testing for MHSA Sanctioned Activities & All Clubs and Organizations

➢ Consent: The parent/guardian and the student participant are required to sign a written31 consent for drug testing prior to participation in the Lame Deer High School Athletic32 Program and activity. Any time a participant refuses to be tested, he/she will be33 suspended from all extracurricular activities for the remainder of the school year. All34 individual’s drug test will be treated as testing positive.35

➢ Medication: Student participants who have been or who are taking prescription36 medication must provide verification (either by the copy of the prescription or by doctors37 authorization) prior to being tested. Students who refuse verification and test postitive38 will be subject to actions specified in “results of the drug test”.

➢ Activity Season: Fall, winter and spring seasons begin on the first day of participation18 allowed by the Montana High School Association and/or Lame Deer High School and19 end as soon as the student leaves the Lame Deer High School property after the final20 competition for that activity.21

B. Urine will be sampled for testing purposes. Whenever an Activity Participant’s45 test result indicates the presence of illegal drugs (“positive test”), the District’s46

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➢ Student Athlete/Participant: Any student participating in extra curricular activities,15 practices and/or contests under the control and jurisdiction of the Montana High School16 Association and/or Lame Deer High School.17

Lame Deer School District21 STUDENTS 33403 page 1 of 54

A. Every Lame Deer High School student participating in a Montana High School42 Association activity or a school sponsored club/organization will be required to take43 the mandatory drug test.44

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Format41

2. The principal, athletic director, coach, parent/guardian and the student will conduct27 a due process hearing at the parent/guardian’s request.28

4. The student may not participate in any activity at Lame Deer High School until the33 professional chemical dependency evaluation and the remaining policy requirements34 from #8 below have been completed. This will carry over to the following academic35 years until all policy requirements have been completed.36

Results of Drug Testing23

33401 Page 2 of 532

c. Spring Participants: All participants will be tested during the first 3014 school days of the season. During the spring season, 10% of the15 participants in each activity will be randomly selected for drug testing.16

a. Fall Participants: All participants tested during the first 30 school days of the8 season. During the fall season, 10% of the participants in each activity will be9 randomly selected for drug testing.10

5. Once a student tests positive, that student will be required to take the drug test each37 time it is offered for as long as the student participates in activities for that school38 year.39

7. If a student tests positive on the drug test twice in a school year, the student will be42 eliminated from any further participation in athletic/activity programs for the43 remainder of the academic year.44

3. The student must receive a professional chemical dependency evaluation from a29 certified chemical dependency counselor. If the chemical dependency counselor at30 Lame Deer High School is utilized for this purpose, the evaluation will be free of31 charge. Otherwise, the expense of this test is the responsibility of the student.32

D. The drug testing schedule is as follows:7

b. Winter Participants: All participants will be tested during the first 3011 school days of the season. During the winter season, 10% of the participants12 in each activity will be randomly selected for drug testing.13

6. If a student refused to take the drug test, all procedures will be followed as if the40 student tested positive on the test.41

If a student tests positive to the drug rest the following will occur:24

1. Notify the parent/guardian. If parent/guardian contact by phone is not possible, a25 certified letter will be mailed as soon as possible.26

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E. LIMITED ACCESS TO RESULTS: The testing lab will be authorized to report17 results only to the Superintendent or to such person as the Superintendent may18 designate. Lame Deer Schools guarantees the confidentiality of the results of19 drug testing, but cannot be held responsible for any insinuation on the part of20 students or the public.

C. Activity Code will be enforced. Student and Parent(s) may request an appeal before4 the Director of Activities, pending a second drug test (urine) at their own expense.5 Upon a negative retest, the district will provide reimbursement.6

8. When a student tests positive, the student is suspended from participation in all45 athletic/activity programs and co curricular activities for fifteen (15) school46

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When a student violates this, the student will be suspended from participation in all MHSA17 sanctioned events for fifteen (15) school days, to include three (3) weekends from the date the18 infraction was acted upon by the coach/activity sponsor or administrator. During the fifteen day19 suspension, the student is allowed to practice with the team. The student must enroll in a drug20 program within the 15-day suspension. Failure to successfully complete a drug program21 within twenty (20) school days will result in the student being suspended from the activity22 for sixty (60) school days to include twelve (12) weekends from the date the infraction was23 acted upon by the coach/activity sponsor or administrator.

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Any drug or alcohol offense beyond the first will result in the student being eliminated from27 further participation in athletic/activity programs for the remainder of the academic year.

Alcohol, Illegal Drugs or Non prescribed Drugs13 Possession (to include guilt by association), use or under the influence of alcohol, illegal drugs or14 non prescribed drugs either on or off school property is prohibited.

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Additional Offense26

Self-Referral Process

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Possession or use of tobacco in any form on or off the school property is prohibited. The first32 violation of this rule will result in a one (1) week suspension for participation in a sport-33 activity, including one (1) weekend. A second violation of this rule will result in a two (2)34 week suspension from participating in a sport/activity, including two (2) weekends. During35 a suspension, the student is allowed to practice with the team. A third violation of this rule will36 result in removal from a sport/activity.

Any athlete who is found to be associating with others who are using drugs, alcohol or40 tobacco will be subject to the same consequences as if they too had been using. Examples41 include, but are not limited to, attending a party or riding in a vehicle with others who are42 using these substances.

Guilt by Association39

days, to include three (3) weekends from the date the infraction was acted upon4 by the coach/activity sponsor or administrator. During the fifteen-day suspension,5 the student is allowed to practice with the team. This policy is in addition to the drug6 and alcohol policy in the Lame Deer High School Activity Discipline Policy. The7 student must enroll in a drug program within the 15-day suspension. If a8 student fails to complete this program within twenty (20) school days, the9 student will be suspended from further participation until the program is10 completed. Any exception to this must have administrative approval.

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Tobacco

The self referral process is an option only if there have been no prior violations of the4 alcohol, illegal drugs or non-prescribed drugs discipline policy. At the time of the self-5 referral, there will be no current situation under investigation involving the student and6 prohibited substances. Students must also self refer before they are asked to take their7 regular drug test. A student who self-refers will still be subject to the random drug testing8 later in that season.9

5. If a student refused to take the drug test, all procedures will be followed as if36 the student tested positive on the test.37

Participant Conduct and Eligibility

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If the conduct of a student is determined by the coach/sponsor and administration to be43 detrimental to the athletic/activity program, the student may be suspended from the program for44 a period to be determined by the coach/sponsor and administration. Denial from participating45 with the team for a period of time may result from the following:

1. A student may refer themselves directly to the activities director, principals10 or drug & alcohol counselor once during their 6 8 middle school career and11 once during their 9-12 high school career. Students must complete the self-12 referral process before the second schedule week or an activity.13

3. At the end of the twenty days period, provided the student has completed the21 chemical awareness course in good faith, the student will be drug screened a22 second time to confirm the decline or absence of drug contamination. Test23 results showing a static level or increased level of drug contamination is an24 indication that the student has not discontinued substance abuse. In the event25 that this occurs, the results will be treated as a second violation and the26 consequences, listed previously, will be enforced.27

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2. Once a student has made a self-referral, they will immediately be drug screen14 to establish a baseline level of drug contaminations. The student will remain15 eligible to practice and participate in extra curricular activities, but must16 enroll in and complete the Lame Deer Public Schools chemical awareness17 course within twenty (20) school days. Failure to enroll in or complete the18 chemical awareness course within the twenty day period will be treated as a19 second violation and the consequences, listed previously, will be enforced.20

6. Once a student has self-referred, that student is obligated to complete the38 self referral process whether or not the student continues participation in a39 school activity.

4. If the student has completed the chemical awareness course in good faith and28 if the second drug screen indicates a decline or absence of drug29 contamination, the student will be drug screened a third time after thirty (30)30 school days from the date of the initial self-referral. After the 30 day period,31 there should be no presence of drug contamination. However, if the third32 drug screen shows a static level or an increased level of drug contamination,33 the results will be treated as a second violation and the consequences, listed34 previously, will be enforced.35

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Adopted on: 12/14/9835

Revised on: 7/08/0339

In order to play in a game, participate or practice in any activity program, a student must27 be in attendance the full day of school, except for extenuating circumstances approved by the28 administration. If any activity participant is suspended out of school, he/she will not be allowed29 to practice or play during the period of the suspension.

Reviewed on: 11/09/201036

c. provocation6 fighting7

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All participants must be passing a minimum of twenty (20) hours of prepared work or10 four solids per semester to remain academically eligible under the MHSA rules. A student who is11 ineligible for a semester will become eligible to compete the Monday morning of the week12 following the end of the previous semester provided they meet all MHSA requirements.13

Equipment issues to an athlete is her/his responsibility. If the equipment is not returned, replaced21 or paid for, no letter or award will be issued nor shall the student be permitted to participate in22 any sport or activity. Coaches and sponsors expect all uniforms and equipment to be returned no23 later than one (1) week after the last day of participation.24

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Revised on: 8/12/0340

Revised on: 3/14/06

Revised on: 8/13/0238

Revised on: 4/17/0137

Policy History:34

Athletic uniforms and equipment are not to be worn or used by any student except during19 school sponsored practices or events in which the student participates.20

a. insubordination4

Students must have the proper number of MHSA days of practice before they are eligible14 to compete in a game or meet.15

A parental signature must be on file, indicating that parental notification of athletic25 participation and eligibility requirements has occurred.26

e. stealing8

A participant who is removed from a team for disciplinary reasons for the remainder of16 the season is not eligible to practice or play in another seasonal program or extra curricular17 activity during the remainder of that season.18

b. obscene gestures, swearing5

f. other disciplinary situations that may arise9

A conference will take place between the student, parent/guardian, and the principal or his45 designee to determine whether a second violation has taken place. If it is determined that a46

Student athletes and student members of other extra curricular activities are ambassadors and11 representatives of Lame Deer School to the outside world and are expected to follow all school12 rules and conform to a higher standard than other students.

2. At the discretion of the principal, the police will be notified, all physical evidence30 will be turned over to them, and the student will be charged accordingly.

First Offense During a School Year23

Drug/Alcohol Association Policy

A conference will take place between the student, parent/guardian and the principal or his24 designee to determine whether a violation has taken place. If it is determined that a violation has25 occurred, then:26

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1. The student will be suspended out of school for five (5) school days. The student27 will be expected to make up all work missed during the suspension.

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3. The student will be referred to the appropriate agency for a drug/alcohol33 evaluation and the student and his parent/guardian will be expected to follow up34 on any recommendations made as a result of that evaluation.

Second Offense During a school Year44

No student shall posses, use, buy, sell or provide drugs, drug paraphernalia or alcohol, or be7 under the influence of controlled substances during the school day or at any school function at8 home or away.

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No student who is involved in extra curricular activities either at home or away from home or15 who is a member of a sports team or other school activity during that sport or activity’s season16 may use or posses drugs and/or alcohol themselves, or furnish or sell drugs or alcohol to another17 person, or be under the influence or controlled substances at any time during the season. Any18 team or activity member who is present at a situation where drugs or alcohol are being used,19 sold, or distributed will be subject to the same consequences as those students who were actually20 using.

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4. As a member of a team or activity, the student will be suspended from his/her37 next two (2) games or activities for basket ball or volleyball, and (1) game/meet38 for football, cross country or track. Also, the student will not be allowed to dress39 out, sit on the bench with the team, or travel with the team to an out of town game40 or activity during their two game suspensions. They may or may not be allowed to41 practice, at the discretion of the coach or sponsor.

Lame Deer School District21 STUDENTS 3340S3 Page 1 of 24

Policy History:15

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3340S1 Page 2 of 232

second violation has occurred, then:4

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Reviewed on: 11/09/2010

Revised on:

1. The student will be suspended out of school immediately and may not participate5 in any school activities during the initial suspension.

Adopted on: 9/09/03

4645444342414039383736353433323130292827262524232221201918

3. The student will be referred to the board by the principal at the next appropriate meeting for expulsion.

2. If appropriate, the police will be notified, all physical evidence will be turned over8 to them and the student will be charged accordingly.

Students are not permitted to gamble for money while in school, on school property, in school7 vehicles, while on school sponsored trips, or when representing the school during activity or8 athletic functions. Students who are found to be betting, playing cards, rolling dice for money,9 playing keno or poker machines, gambling on the Internet, or involved in any other form of10 gambling shall be reported to the principal. Appropriate discipline will be administered in11 accordance with the District’s student discipline policies.

Reviewed on: 11/09/201021 Revised on:22

Policy History:19

Lame Deer Public Schools

15141312

Adopted on: 10/10/0620

Gambling

STUDENTS

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Legal Reference: § 23 5 112, MCA Definitions16 § 23 5 158, MCA Minors not to participate penalty exception

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1. Development of procedures at each building for isolation and temporary care of students10 who become ill during the school day;

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Parents/guardians will receive written notice of any screening result which indicates a condition21 that might interfere or tend to interfere with a student’s progress.

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All parents will be notified of requirements of the District’s policy on physical examinations and29 screening of students, at least annually at the beginning of the school year and within a30 reasonable period of time after any substantive change in the policy.

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Student Health/Physical Screenings/Examinations

2019

Lame Deer Public Schools

3. Vision and hearing screening;

Policy History:38 Adopted on: 12/14/9839 Reviewed on:40 Revised on: 11/09/201041

Students who wish to participate in certain extracurricular activities may be required to submit to24 a physical examination to verify their ability to participate in the activity. Students participating25 in activities governed by the Montana High School Association will be required to follow the26 rules of that organization, as well as other applicable District policies, rules, and regulations.

STUDENTS

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Legal Reference: § 20 3 324(20), MCA Powers and duties35 20 U.S.C. 1232h(b) General Provisions Concerning Education

2. Consulting services of a qualified specialist for staff, students, and parents;

4. Scoliosis screening;

5. Immunization as provided by the Department of Public Health and Human Services.

The Board may arrange each year for health services to be provided to all students. Such services7 may include but not be limited to:

A student who transfers into the District may photocopy immunization records in the possession of the15 school of origin. The District will accept the photocopy as evidence of immunization. Within thirty (30)16 days after a transferring student ceases attendance at the school of origin, the school shall retain a certified17 copy for the permanent record and send the original immunization records for the student to the school18 district to which the student transfers. Exemptions from one or more vaccines shall be granted for medical19 reasons upon certification by a physician indicating the specific nature and probable duration of the20 medical condition for not administering the vaccine(s). Exemptions for religious reasons must be filed21 annually. The statement for an exemption shall be maintained as part of the student’s immunization22 record. The permanent file of students with exemptions shall be marked for easy identification, should23 the Department of Public Health and Human Services order that exempted students be excluded from24 school temporarily when the risk of contracting or transmitting a disease exists. Exclusion shall not25 exceed thirty (30) calendar days.

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Upon initial enrollment, an immunization status form shall be completed by the student’s parent or12 guardian. The certificate shall be made a part of the student’s permanent record.

Legal Reference: § 20 3 324(20), MCA Powers and duties40

Adopted on: 12/14/98

Policy History:46

Lame Deer Public Schools

Revised on: 10/11/05

The Board requires all students to present evidence of their having been immunized against the following7 diseases: diphtheria, pertussis (whooping cough), poliomyelitis, measles (rubeola), mumps, rubella, and8 tetanus. Pertussis immunization is not required for students who are seven (7) years or older.9 Haemophilus influenza type “b” immunization is required for students under age five (5).

The administrator may allow the commencement of attendance in school by a student who has not been28 immunized against each disease listed in § 20 5 403, MCA, if that student has received one or more doses29 of polio, measles (rubeola), mumps, rubella, diphtheria, pertussis, Haemophilus influenza type “b”, and30 tetanus vaccine.

§ 20 5 402 410, MCA Health41

§ 20 5 403, MCA

The District shall exclude a student for noncompliance with the immunization laws and properly notify33 the parent or guardian. The local health department may seek an injunction requiring the parent to submit34 an immunization status form, take action to fully immunize the student, or file an exemption for personal35 or medical reasons.

Reviewed on: 11/09/2010

STUDENTS

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§ 20 5 405, MCA Medical or religious exemption

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Student Immunization

Immunization required release and acceptance of immunization records

Emergency Administration of Medication

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Except in an emergency situation, only a qualified healthcare professional may administer a drug22 or a prescription drug to a student under this policy. Diagnosis and treatment of illness and the23 prescribing of drugs are never the responsibility of a school employee and should not be24 practiced by any school personnel.

In the absence of a school nurse, an administrator or designated staff member exempt from the42 nurse license requirement under § 37 8 103(1)(c), MCA, who has completed training in43 administration of medication, may give emergency medication to students orally or by injection.

A building principal or other administrator may authorize, in writing, any school employee:

“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 the school physician or prescribed by the9 student’s healthcare provider.

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To assist in self-administration of any drug that may lawfully be sold over the counter14 without a prescription to a student in compliance with the written instructions and with15 the written consent of a student’s parent or guardian; and

Administering Medication

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In case of an anaphylactic reaction or risk of such reaction, a school nurse or delegate may37 administer emergency oral or injectable medication to any student in need thereof on school38 grounds, in a school building, or at a school function, according to a standing order of a chief39 medical advisor or a student’s private physician.

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Lame Deer Public

Administering Medicines to Students

To assist in self administration of a prescription drug to a student in compliance with18 written instructions of a medical practitioner and with the written consent of a student’s19 parent or guardian.

The Board will permit administration of medication to students in schools in its jurisdiction. A29 school nurse (who has successfully completed specific training in administration of medication),30 pursuant to written authorization of a physician or dentist and that of a parent, an individual who31 has executed a caretaker relative educational authorization affidavit, or guardian, may administer32 medication to any student in the school or may delegate this task pursuant to Montana law.

The Board requires that there must be on record a medically diagnosed allergic condition that46

Schools21 STUDENTS 34163 page 1 of 44

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The District will permit students who are able to self administer specific medication to do so12 provided that:

• Holding and assisting a student in drinking fluid to assist in the swallowing of oral31 medications; and32

A building administrator or school nurse will enter any medication to be administered in an6 emergency on an individual student medication record and will file it in a student’s cumulative7 health folder.

• Making oral suggestions, prompting, reminding, gesturing, or providing a written guide25 for self administering medications;26

• A physician or dentist provides a written order for self administration of said medication;15

A building principal or school administrator may authorize, in writing, any employee to assist22 with self-administration of medications, provided that only the following may be employed:2423

Self Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication

Self Administration of Medication

• A written and signed authorization from the parents, an individual who has executed a caretaker relative educational authorization affidavit, or guardians for self-administration of medication, acknowledging that the District or its employees are not liable for injury

• Opening the lid of a container for a student;29

• Assisting with removal of a medication from a container for a student with a physical33 disability that prevents independence in the act.3534

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would require prompt treatment to protect a student from serious harm or death.

• A principal and appropriate teachers are informed that a student is self administering19 prescribed medication.2120

• Handing to a student a prefilled, labeled medication holder or a labeled unit dose27 container, syringe, or original marked and labeled container from a pharmacy;28

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• Guiding the hand of a student to self administer a medication;30

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Students with allergies or asthma may be authorized by the building principal or Superintendent,38 in consultation with medical personnel, to possess and self administer emergency medication39 during the school day, during field trips, school sponsored events, or while on a school bus. The40 student shall be authorized to possess and self administer medication if the following conditions41 have been met:

• Written authorization for self administration of medication from a student’s parent, an16 individual who has executed a caretaker relative educational authorization affidavit, or17 guardian is on file; and18

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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.

Handling and Storage of Medications

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Immediately after using epinephrine during school hours, a student shall report to the school27 nurse or other adult at the school who shall provide follow up care, including making a 9 1 128 emergency call.

Administration of Glucagons

that results from the student self administering the medication.4

A student’s authorization to possess and self administer medication may be limited or revoked18 by the building principal or other administrative personnel.

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• The student must have the prior written approval of his/her primary healthcare provider.5 The written notice from the student’s primary care provider must specify the name and6 purpose of the medication, the prescribed dosage, frequency with which it may be7 administered, and the circumstances that may warrant its use.8

The Board requires that all medications, including those approved for keeping by students for self medication, be first delivered by a parent, an individual who has executed a caretaker relative educational authorization affidavit, or other responsible adult to a nurse or employee assisting with self administration of medication. A nurse or assistant:

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Authorization granted to a student to possess and self administer medication shall be valid for15 the current school year only and must be renewed annually.

If provided by the parent, an individual who has executed a caretaker relative educational21 authorization affidavit, or guardian, and in accordance with documentation provided by the22 student’s doctor, backup medication must be kept at a student’s school in a predetermined23 location or locations to which the student has access in the event of an asthma, severe allergy, or24 anaphylaxis emergency.

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• Documentation that the student has demonstrated to the healthcare practitioner and the9 school nurse, if available, the skill level necessary to use and administer the medication.10

• Documentation of a doctor formulated written treatment plan for managing asthma,11 severe allergies, or anaphylaxis episodes of the student and for medication use by the12 student during school hours.

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• Must record on the student’s individual medication record the date a medication is8 delivered and the amount of medication received;9

• Must develop a medication administration plan, if administration is necessary for a6 student, before any medication is given by school personnel;7

• Must store prescribed medicinal preparations in a securely locked storage compartment;11 and12

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The District will permit only a forty five (45) school day supply of a medication for a student to16 be stored at a school; and all medications, prescription and nonprescription, will be stored in17 their original containers.

Definition parent designated adult34 administration of glucagons training35 § 20 5 420, MCA Self administration or possession of asthma,36 severe allergy, or anaphylaxis medication37 § 37 8 103(1)(c), MCA Exemptions limitations on authority38 conferred

ARM 24.159.1604

Tasks Which May Be Routinely Assigned to40 an Unlicensed Person in Any Setting When41 a Nurse Patient Relationship Exists

• Must examine any new medication to ensure it is properly labeled with dates, name of4 student, medication name, dosage, and physician’s name;5

Policy History:43 Adopted on: 12/14/9844 Reviewed on:45 Revised on: 10/11/05, 08/14/07, 12/11/07, 11/09/2010, 08/09/2011

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The District will limit access to all stored medication to those persons authorized to administer20 medications or to assist in the self administration of medications. The District requires every21 school to maintain a current list of those persons authorized by delegation from a licensed nurse22 to administer medications.

The District requires school personnel either to return to a parent, an individual who has27 executed a caretaker relative educational authorization affidavit, or guardian or, with permission28 of the parent, an individual who has executed a caretaker relative educational authorization29 affidavit, or guardian, to destroy any unused, discontinued, or obsolete medication. A school30 nurse, in the presence of a witness, will destroy any medicine not repossessed by a parent or31 guardian within a seven (7) day period of notification by school authorities.

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• Must store controlled substances in a separate compartment, secured and locked at all13 times.

Disposal of Medication

Legal Reference: § 20 5 412, MCA

• Must store medication requiring refrigeration at 36° to 46° F;10

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

Physician’s Phone Number Date

Parent/Guardian, Caretaker Relative Signature: _____________________________ Date:

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.

Physician’s Authorization:

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.

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.

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.

Signatureactivities.ofPhysician

(Original signed authorization to the school; a copy of the signed authorization to the parent/guardian and health care

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.

The following backup medication has been provided for this student: _____________

Montana Authorization to Carry and Self-Administer Medication

Backupprovider)Medication

For Completion by Parent, an individual who has executed a caretaker relative educational authorization affidavit, or Guardian

Authorization is hereby granted to release this information to appropriate school personnel and classroom teachers.I

The above named student has my authorization to carry and self administer the following medication: Medication: (1) Dosage: (1) ___________ ________ (2) ________________________ (2) ___________________

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.

Student’s Name:_______________________________ School: Sex: (Please circle) Female/Male City/Town: ___________ Birth Date: _____/_____/_____ School Year: ______ (Renew each year)

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.

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Policy History:48

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.

Lame Deer Public Schools

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.

Adopted on: 12/14/98

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.

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Legal Reference: 37.114.101, et seq., ARM Communicable Disease Control

Reviewed on: 11/09/2010 Revised on:51

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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.

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The District may notify parents of other children attending a school that their children have been exposed to a communicable disease without identifying the particular student who has the disease.

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 also12 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.

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.

STUDENTS Communicable Diseases

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.

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Revised on:19

Lame Deer Public Schools

Suicide

15141312

Policy History:16

Adopted on: 03/08/0517

The District may provide the following programs in order to prevent adolescent suicide by:7 offering and providing help and assistance including early identification; support and/or8 counseling by school support personnel for low risk students; referral to appropriate sources9 outside the school for high and moderate risk students; attendance to the rights of the student10 and his/her family; and aftercare support by the school for faculty, staff, and students after a11 sudden death has occurred.

Reviewed on: 11/09/201018

STUDENTS

Adopted on: 12/14/98

Emergency Treatment

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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.

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance

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Immediately isolate the student from other children to a room or area segregated for that24 purpose;

Inform a parent or guardian as soon as possible about the illness and request the parent or27 guardian to pick up the child; and

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STUDENTS

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.

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.

40393837

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.

Lame Deer Public Schools

Reviewed on:45 Revised on: 10/11/05, 11/09/2010

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.

2928

When a student develops symptoms of illness while at school, a responsible school official will21 do the following:

4241

1312

Policy History:43

2625

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 ______________________________________ School Name _______________________ Principal’s Name ___________________________________ School Phone _______________________ Date of Accident: ___________ Time: ____  AM  PM Supervising Employee Claimant’s Name ____________________________________ _________________________ _________________ Last Name First Name Middle Initial Claimant’s Address __________________________________________ __________________ ________________ City State ZIP Code Claimant’s SS # _____________________________ Home Phone Number (_____) __________________________ Claimant’s Age _______ Date of Birth ______________________ Sex __________ Grade ____________________ Parent’s Name (if student) _____________________________ Work Phone Number (_____) __________________ Nature of Injury Place of Accident Body Part Injured  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 ________________________ Describe accident and injury in detail (attach additional description as necessary): Were efforts made to contact the parent/guardian about the accident?  Yes  No Was first aid administered?  Yes  No By whom? __________________________________ Was the student  Sent home  Sent to physician  Sent to hospital Is student covered by Student Accident Insurance?  Yes  No If “yes,” please list Company Name, address, and phone number ______________________________________________________________ If medical or hospital treatment was required, please complete the following information. (Attach a copy of medical bills, if available.) Name and address of doctor or hospital ____________________________________________________ Witnesses (Name, Address, and Phone) ____________________________________________________ Signature/Name of Person Completing the Report Date

Page 1 of 1 © MTSBA 2009 STUDENTS 3431F

Reviewed on: 11/09/201019

Revised on:20

Policy History:17

Adopted on: 12/14/9818

Removal of Student During School Day

STUDENTS

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.

16151413

344043

Lame Deer Public Schools

Revised

Promulgated on: 12/14/98

109

1312

STUDENTS

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.

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:

Removal of Student During School Day

3837

Procedure History:39

1918

1. Law enforcement officers, upon proper identification, may remove a student from school11 as provided in Policies 4410 and 4411.

34333231

Lame Deer Public Schools

3029

6. Police should be called if a visitor becomes disruptive or abusive.

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.

36 4411

Cross Reference: 4410 Relations With the Law Enforcement and Child Protective35 Agencies Investigations and Arrests by Police

4. The school should always check with the custodial parent before releasing the student to24 a non custodial parent.

3440P43

2322

2625

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.

Reviewed on:41 on: 11/09/2010

3. Extra curricular Activities2625

Policy History:43

STUDENTS

2423

351043

d. Attendance at high school social events and dances shall be limited to high school21 students, and middle school social events shall be limited to middle school22 students, unless prior permission is received from the principal.

2. Recommend sports activities based on interest inventories completed by37 the students.38

a. All student organizations must be approved by the administration. Secret or9 clandestine organizations or groups will not be permitted.10

2928

b. Bylaws and rules of student organizations must not be contrary to Board policy or11 to administrative rules and regulations.12

1514

a. Academic and behavior eligibility rules are established by MHSA rules and27 District policy.

Adopted on: 10/11/0544

1. Open all sports to all students enrolled in the District, with an equal35 opportunity for participation.36

c. Procedures in student organizations must follow generally accepted democratic13 practices in the acceptance of members and nomination and election of officers.

c. In establishing an interscholastic program, the Board directs the administration to:34

3. Pay for meals for students only when the destination is more than 25 miles39 from Lame Deer or during a post season event; supply students with sack40 lunches for trips of 25 miles or less.

b. Social events must be held in school facilities unless approved by the Board.19

4241

b Any student convicted of criminal offense may, at the discretion of school30 officials, become ineligible for such a period of time as the school officials may31 invoke.

1. Student Organizations:87

1716

c. Social events must be chaperoned at all times.20

School-Sponsored Student Activities

2. Social Events

3332

Lame Deer Public Schools

a. Social events must have prior approval of the administration.18

Reviewed on:45 Revised on: 12/13/05, 11/09/201046

Reviewed on: 11/09/201036 Revised on:37

Student Fees, Fines, and Charges

2019

Lame Deer Public Schools

The District holds a student responsible for the cost of replacing materials or property that are21 lost or damaged because of negligence. A building administrator will notify a student and parent22 regarding the nature of violation or damage, how restitution may be made, and how an appeal23 may be instituted. The District may withhold a student’s grades or diploma until restitution is24 made. A student or parent may appeal the imposition of a charge for damages to the25 Superintendent and to the Board.

R21

352043

Within the concept of free public education, the District will provide an educational program for7 students as free of costs as possible.

1413

29282726

Legal reference: § 20 5 201, MCA Duties and sanctions30 § 20 7 601, MCA Free textbook provisions31 § 20 9 214, MCA Fees

Policy History:34

The Board delegates authority to the Superintendent to establish appropriate fees and procedures15 governing collection of fees and asks the Superintendent to make annual reports to the Board16 regarding fee schedules. The Board also may require fees for actual cost of breakage and for17 excessive supplies used in commercial, industrial arts, music, domestic science, science, or18 agriculture courses.

STUDENTS

Adopted on: 12/14/9835

The Board may charge a student a reasonable fee for any course or activity not reasonably10 related to a recognized academic and educational goal of the District or for any course or activity11 taking place outside normal school functions. The Board may waive fees in cases of financial12 hardship.

3332

1. The dates of all activities must be approved with the student council, sponsor, athletic director,18 and the building principal at least five (5) days prior to the scheduled date of the activity.

c. An outline of the activity giving an overview of what the activity is and a chart of how25 it will be organized and operated (a list of who is in charge of what);26

3332

a. Groups or organization submitting the request;22

Adopted on: 12/14/9846

Reviewed on:47 Revised on:48

4443

All groups will have a sponsor usually a staff member who will attend all meetings and approve and14 supervise all club activities. The sponsor must have all group activities approved by the athletic director15 and the student council.

2019

353043

d. A time table of the activity (date and time);27

g. Must include written, signed, and dated permission of the authority involved in30 facilities and equipment which are not school owned that are to be used in the activity.31 Such permission must be attached to the request form.

3837

UNDER NO SIRCUMSTANCES WILL STUDENTS OR SPONSOR BE REIMBURSED for any41 out of pocket expenditures. All purchases must be processed through proper channels and by school42 district purchase orders.

STUDENTS

All expenditures made for the activity must be approved by the student council president, sponsor and the39 principal. Upon such approval, a purchase order will be issued and the purchase may then be made.40

2. The activity request form must provide the following information:21

The Board acknowledges that the solicitations of funds from students, staff, and citizens must be limited since students are a captive audience and since solicitation can disrupt the program of the schools.8 Solicitation and collection of money by students for any purpose, including the collection of money by9 students in exchange for tickets, papers, magazine subscriptions, or for any other goods or services for the10 benefit of an approved school organization, may be permitted by the building principals, providing that11 the instructional program is not adversely affected.

1312

f. A budgetary breakdown of estimated expenditures, and;29

b. Signed approval of the activity by both the student council and the sponsor of the23 group or organization submitting the request;24

Student Fund Raising Activities

Policy History:45

1716

e. Location at which the activity is to be held;28

Lame Deer Public Schools

All monies from fund raising project MUST BE turned in to the district administration office. UNDER34 NO CIRCUMSTANCES ARE ANY CASH EXPENDITURES TO BE MADE FROM THE FUNDS35 BY THE STUDENTS OR SPONSORS. District administration staff will deposit the money in the36 club/class’ account to pay for whatever bills are acquired as a result of the activity.

Activity/Fund Raiser being requested: ______________________________________________________

313029

109

__________________________________________________________3433 Class

Group Requesting Activity/Fund Raiser: ____________________________________________________

Approximate Total Proceeds Costs of Goods/Services = Profit26 =

________________________________1716

________________________________________________1514

________________________________________25242322

__________________________________________________3635 Student

Date/Time begin: _____________________ Date/Time end:

Schools21 STUDENTS 3530F43

__________________________________21201918

131211

Lame Public

Specific Goal and Purpose of the Activity/Fund Raiser:

______________________________________________________________3837 Building

____________________________________________________________________4039 Athletic

Request for Activity/Fund Raiser

________________________________41

Deer

Date and Time Activity/Fund Raiser will run:

____________________

_________2827

Outline of Proposed Activity/Fund Raiser:

Signatures: Group or Class Representatives: Sponsor: Council President: Principal: Director: (estimated expenditures on reverse side)

Date of Request:

Facilities, Special Equipment, Cash Boxes, etc. needed: ________________________________________

No Child Left Behind Act of 2001, P.L. 107 334

STUDENTS

Policy History:32 Adopted on: 12/14/9833 Reviewed on: 11/09/201034 Revised on: 10/15/0235

24232221

Student Records

109

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R.25 9926 § 20 5 201, MCA Duties and sanctions27 § 40 4 225, MCA Access to records by parent28 10.55.909, ARM Student Records29

The District will ensure information contained in student records is current, accurate, clear, and11 relevant. All information maintained concerning a student receiving special education services12 will be directly related to the provision of services to that child. The District may release13 directory information as permitted by law, but parents will have the right to object to release of14 information regarding their child. Military recruiters and institutions of higher education may15 request and receive the names, addresses, and telephone numbers of all high school students,16 unless the parent(s) notifies the school not to release this information.

School student records are confidential, and information from them will not be released other7 than as provided by law. State and federal laws grant students and parent certain rights,8 including the right to inspect, copy, and challenge school records.

3130

360043

Lame Deer Public Schools

1817

The Superintendent will implement this policy and state and federal law with administrative19 procedures. The Superintendent or designee will inform staff members of this policy and inform20 students and their parents of it, as well as of their rights regarding student school records.

109

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:

Basic identifying information

This notification may be distributed by any means likely to reach the parent(s)/guardian(s).

2019

Teacher anecdotal records27

Academic work completed (transcripts)

Record of any disciplinary action taken against the student, which is educationally related

Intelligence and aptitude scores23 Psychological reports24

Verified reports or information from non educational persons28

3938

Participation in extracurricular activities25 Honors and awards26

The District will maintain two (2) sets of school records for each student: a permanent record and a cumulative record. The permanent record will include:

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.

Attendance record

Deer Public Schools21 STUDENTS 3600F13 page 1 of 44 Student Records65

Notification to Parents and Students of Rights Concerning a Student’s School Records

Lame

Immunization records (per § 20 5 506, MCA)

The cumulative record may include:2221

3635

“Eligible” students, who are eighteen (18) years of age or older, have the right to inspect and copy their permanent record. Parents/guardians or “eligible” students should submit to the school principal (or appropriate school official) a written request identifying the record(s) they wish to inspect. The principal will make, within forty five (45) days, arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the 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 pay

Verified information of clear relevance to the student’s education29 Information pertaining to release of this record30 Disciplinary information

1312

Level of achievement (grades, standardized achievement tests)

3231

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.

4140

2322

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.

The rights contained in this section are denied to any person against whom an order of6 protection has been entered concerning a student.

1211

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

2726

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.

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.

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.

1716

3837

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.

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.

4645444342

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.

Major field of study29 Grade level30

Gender25

5. The right to prohibit the release of directory information concerning the parent’s/17 guardian’s child.

4. The right to a copy of any school student record proposed to be destroyed or14 deleted.

Parents’/guardians’ names and addresses26

Date and place of birth28

1615

Photograph (including electronic version)27

Participation in officially recognized activities and sports31 Weight and height of members of athletic teams32 Degrees33 Honors and awards received3534

Any parent(s)/guardian(s) or eligible student may prohibit the release of any or all of the36 above information by delivering written objection to the building principal within ten37 (10) days of the date of this notice. No directory information will be released within this38 time period, unless the parent(s)/guardian(s) or eligible student are specifically informed39 otherwise. When a student transfers, leaves the District, or graduates, the school must40 continue to honor a decision to opt out, unless the parent or student rescinds the41 decision.

1918

Throughout the school year, the District may release directory information regarding20 students, limited to:2221 Student’s name23 Address24

1312

Pursuant to federal law, the District is required to release the names, addresses, and7 telephone numbers of all high school students to military recruiters and institutions of8 higher education upon request.

1615

109

1817

Family Policy Compliance Office19 U.S. Department of Education20 400 Maryland Avenue, SW21 Washington, DC 20202 4605

7. The right to file a complaint with the U.S. Department of Education, concerning14 alleged failures by the District to comply with the requirements of FERPA.

Parent(s)/guardian(s) or eligible students may request that the District not release this information, and the District will comply with the request.

6. The right to request that information not be released to military recruiters and/or4 institutions of higher education.

The name and address of the office that administers FERPA is:

1312

Student Directory Information Notification

_______________________________________________.

Following is a list of items this District considers student directory information.

Parent/Eligible Student’s Signature Date

This document informs you of your right to direct the District to withhold the release of student directory information for

Grade level

Date

Student’s Name

Parents’/guardians’ names and addresses Participation in officially recognized activities and sports Photograph (including electronic version) Weight and height of members of athletic teams Date and place of birth Degrees Major field of study Honors and awards received

If you do NOT want directory information provided to the following, please check the appropriate box. ⁯ Institutions of Higher Education, ⁯ Potential Employers, ⁯ Armed Forces Recruiters, ⁯ Other

Student’s name

Dear Parent/Eligible Student:

Address

NOTE: If a student’s name, grade level, or photograph is to be withheld, the student will not be included in the school’s yearbook, program events, or other such publications.

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.

Disciplinary information

3938

Level of achievement (grades, standardized achievement tests)

4342

4544

2019

The permanent record will include:

Verified information of clear relevance to the student’s education Information pertaining to release of this record

The building principal will be responsible for maintenance, retention, or destruction of a40 student’s permanent or cumulative records, in accordance with District procedure established by41 the Superintendent.

Psychological reports24

Student Records

Verified reports or information from non educational persons28

Access to Student Records

1110

3231

The District will grant access to student records as follows:

Record of any disciplinary action taken against the student, which is educationally related

Maintenance of School Student Records

Attendance record

Honors and awards26

Immunization records (per § 20 5 506, MCA)

Participation in extracurricular activities25

Information in the permanent record will indicate authorship and date and will be maintained in33 perpetuity for every student who has been enrolled in the District. Cumulative records will be34 maintained for eight (8) years after the student graduates or permanently leaves the District.35 Cumulative records which may be of continued assistance to a student with disabilities, who36 graduates or permanently withdraws from the District, may, after five (5) years, be transferred to37 the parents or to the student if the student has succeeded to the rights of the parents.

The cumulative record may include:2221

Lame Deer Public Schools

Academic work completed (transcripts)

Basic identifying information

Intelligence and aptitude scores

21 STUDENTS 3600P3 page 1 of 54

Teacher anecdotal records27

The District maintains two (2) sets of school records for each student a permanent record and a cumulative record.

1312

1716

2827

1. The District or any District employee will not release, disclose, or grant access to4 information found in any student record except under the conditions set forth in this5 document.

d. School calendars distributed to parents/guardians; and21

2423

4. The District may grant access to or release information from student records without41 parental consent or notification to any person, for the purpose of research, statistical42 reporting, or planning, provided that no student or parent can be identified from the43 information released, and the person to whom the information is released signs an44 affidavit agreeing to comply with all applicable statutes and rules pertaining to school45 student records.

When the student reaches eighteen (18) years of age, graduates from high school,25 marries, or enters military service, all rights and privileges accorded to the parent become26 exclusively those of the student.

c. Notices of parent teacher conferences;20

3433

Access will not be granted to the parent or the student to confidential letters and29 recommendations concerning admission to a post secondary educational institution,30 applications for employment, or receipt of an honor or award, if the student has waived31 his or her right of access after being advised of his or her right to obtain the names of all32 persons making such confidential letters or statements.

3. The District may grant access to or release information from student records to35 employees or officials of the District or the Montana State Board of Education, provided36 a current, demonstrable educational or administrative need is shown, without parental37 consent or notification. Access in such cases will be limited to the satisfaction of that38 need.

Where the parents are divorced or separated, both will be permitted to inspect and copy13 the student’s school records, unless a court order indicates otherwise. The District will14 send copies of the following to both parents at either one’s request, unless a court order15 indicates otherwise:

4039

a. Academic progress reports or records;18 b. Health reports;19

2. The parents of a student under eighteen (18) years of age will be entitled to inspect and8 copy information in the child’s school records. Such requests will be made in writing and9 directed to the records custodian. Access to the records will be granted within fifteen10 (15) days of the District’s receipt of such request.

e. Notices about open houses and other major school events, including student22 parent interaction.

1211

2524

3130

9. Prior to release of any records or information under items 5, 6, 7, and 8, above, the26 District will provide prompt written notice to the parents or eligible student of this27 intended action. This notification will include a statement concerning the nature and28 substance of the records to be released and the right to inspect, copy, and challenge the29 contents.

2120

10. The District may release student records or information in connection with an emergency,32 without parental consent, if the knowledge of such information is necessary to protect the33 health or safety of the student or other persons. The records custodian will make this34 decision, taking into consideration the nature of the emergency, the seriousness of the35 threat to the health and safety of the student or other persons, the need for such records to36 meet the emergency, and whether the persons to whom such records are released are in a37 position to deal with the emergency. The District will notify the parents or eligible38 student, as soon as possible, of the information released, date of the release, the person,39 agency, or organization to whom the release was made, and the purpose of the release.

4544

4140

5. The District will grant access to or release information from a student’s records pursuant4 to a court order, provided that the parent will be given prompt written notice, upon5 receipt of such order, of its terms, the nature and substance of the information proposed6 to be released, and an opportunity to inspect and copy such records and to challenge their7 contents.

11. The District may disclose, without parental consent, student records or information to the42 youth court and law enforcement authorities, pertaining to violations of the Montana43 Youth Court Act or criminal laws by the student.

8. The District may release student records to the superintendent or an official with similar22 responsibilities in a school in which the student has enrolled or intends to enroll, upon23 written request from such official.

12. The District will comply with an ex parte order requiring it to permit the U.S. Attorney46

6. The District will grant access to or release information from any student record, as10 specifically required by federal or state statute.

7. The District will grant access to or release information from student records to any person13 possessing a written, dated consent, signed by the parent or eligible student, with14 particularity as to whom the records may be released, the information or record to be15 released, and reason for the release. One (1) copy of the consent form will be kept in the16 records, and one (1) copy will be mailed to the parent or eligible student by the17 Superintendent. Whenever the District requests consent to release certain records, the18 records custodian will inform the parent or eligible student of the right to limit such19 consent to specific portions of information in the records.

1211

Directory Information2423

13. The District charges a nominal fee for copying information in the student’s records. No7 parent or student will be precluded from copying information because of financial8 hardship.

The District may release certain directory information regarding students, except that parents25 may prohibit such a release. Directory information will be limited to:2726

14. A record of all releases of information from student records (including all instances of11 access granted, whether or not records were copied) will be kept and maintained as part12 of such records. This record will be maintained for the life of the student record and will13 be accessible only to the parent or eligible student, records custodian, or other person.14 The record of release will include:1615

109

The notification to parents and students concerning school records will inform them of their right41 to object to the release of directory information.

d. Date of release or grant of access.20

b. Name and signature of the records custodian.18

4645444342

a. Information released or made accessible.17

e. Copy of any consent to such release.2221

Student’s name28 Address29 Gender30 Parents’/guardians’ names and addresses31 Photograph (including electronic version)32 Date and place of birth33 Major field of study34 Grade level35

Participation in officially recognized activities and sports36 Weight and height of members of athletic teams37 Degrees38 Honors and awards received4039

c. Name and position of the person obtaining the release or access.19

General or designee to have access to a student’s school records without notice to or4 consent of the student’s parent(s)/guardian(s).

109

Procedure History:39

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 education7 upon request. The notification to parents and students concerning school records will inform8 them of their right to object to the release of this information.

1211

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R.31 9932

10.55.909, ARM Student records

2423

30292827

Reviewed on:41

The parents may insert a written statement of reasonable length describing their position on25 disputed information. The school will include the statement in any release of the information in26 dispute.

3837

Student Record Challenges

The parents may challenge the accuracy, relevancy, or propriety of the records, except: (1)13 grades, and (2) references to expulsions or out-of-school suspensions, if the challenge is made14 when the student’s school records are being forwarded to another school. They have the right to15 request a hearing at which each party has:

• The right to present evidence and to call witnesses;18

• The right to counsel;20

• The right to a written statement of any decision and the reasons therefor;21

1716

• The right to cross examine witnesses;19

• The right to appeal an adverse decision to an administrative tribunal or official, to be22 established or designated by the State Board.

Military Recruiters/Institutions of Higher Education

§ 40 4 225, MCA Access to records by parent34 § 41 5 215, MCA Youth court and department records notification35 of school36

Promulgated on: 09/15/9940

§ 20 5 201, MCA Duties and sanctions33

Revised on: 10/15/02, 11/09/201042

Lame Deer Public Schools

R21

360643

Policy History:30 Adopted on: 12/14/9831 Reviewed on:32 Revised on: 06/11/02, 11/09/201033

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.

23222120

Cross Reference: 3413 Student Immunization24 3600 3600P Student Records25 3606F Records Certification2726

STUDENTS

Transfer of Student Records

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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Legal Reference: § 20 1 213, MCA Transfer of school records2928

• Superintendent16

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STUDENTS

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When the District receives information pursuant to law, the Superintendent will prevent21 unauthorized dissemination of that information.

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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:

Legal Reference: § 41 3 205, MCA Confidentiality disclosure exceptions2928

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Cross Reference: 3600 3600P Student Records2726

Lame Deer Public Schools

• Respective Building Principals

Receipt of Confidential Records

R21

Pursuant to Montana law, the District may receive case records of the Department of Public7 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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Policy History:30 Adopted on: 12/14/9831 Reviewed on:32 Revised on: 11/09/201033

• Counselor17

Programs for At-Risk/Disadvantaged Students

At Risk Students

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4. The dropout reduction programs, resources, and strategies to be used during the school19 year.

In determining whether a student is at high risk of dropping out of school, the District will29 consider the student’s academic performance as well as whether the student is adjudged30 delinquent; abuses drugs or alcohol; is a student of limited English proficiency; receives31 compensatory or remedial education; is sexually, physically, or psychologically abused; is32 pregnant; is a slow learner; enrolls late in the school year; stops attending school before the end33 of the school year; is an underachiever; is unmotivated; or exhibits other characteristics that34 indicate the student is at high risk of dropping out of school.

The Board will review and approve the plan and will make it available to the public.

The District will provide a remedial and support program for any student who is at risk of39 dropping out of school.

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Lame Deer Public

Each school year, the at risk coordinator will prepare a dropout reduction plan that identifies:

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The District is not required to prepare a dropout reduction plan if fewer than five percent (5%) of24 its students are identified as “at risk” of dropping out

3. The District’s dropout rate goal for the next school year;

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1. The number of District students who dropped out in the preceding regular school term;

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The District will designate one (1) at risk coordinator to collect and disseminate data regarding7 dropouts in the District and to coordinate the District’s program for students who are at high risk8 of dropping out of school.

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Schools21 STUDENTS 36103 page 1 of 24

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2. The number of students in grades 1 12 who are at risk of dropping out;

Programs and District Plan

1. Emphasize a comprehensive team approach that includes the Superintendent, principal,45 parent/guardian, teacher, student, community service provider, business representative, or

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The District will have a plan designed to retain students in a school setting. The District plan42 will be the responsibility of the Superintendent or the designated at risk coordinator and will:

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The District plan may also:1716

1. Include alternatives; and1918

2. Provide for the referral of students who drop out to programs such as adult basic20 education, Job Training Partnership Act programs, or other options.

Policy History:25 Adopted on: 03/09/0426 Reviewed on: 11/09/201027 Revised on:28

24232221

3. Be designed to use community resources that are available to serve at risk youth;

4. Provide for parental involvement, such as participation in developing student academic11 plans and training programs for parents; and

1312

5. Provide for review of individual profiles for at-risk students.

2. Include objectives designed to meet the identified needs of at risk students and to retain6 those students in school;

The Board is committed to ensuring a safe and orderly environment, where learning and teaching may7 occur void of physical or psychological disruptions, unlawful acts, or violations of school regulations.8 Gang activities create an atmosphere of intimidation in the entire school community. Both the immediate9 consequences of gang activity and the secondary effects are disruptive and obstructive to the process of10 education and school activities. Groups of individuals which meet the definition of gangs, defined below,11 shall be restricted from school grounds or school activities.1312

1. Wear, possess, use, distribute, or sell any clothing, jewelry, emblem, badge, symbol, sign, or24 other items which are evidence of membership in or affiliation with any gang and/or25 representative of any gang;2726

a. Soliciting membership in or affiliation with any gang;3433

B. Acts which threaten the safety or well being of property or persons, including but not limited to19 harassment and intimidation.2120

b. Soliciting any person to pay for protection or threatening another person, explicitly or35 implicitly, with violence or with any other illegal or prohibited act;3736

Gangs and Gang Activity

Students on school property or at any school sponsored activity shall not:2322

A gang is defined as any group of two (2) or more persons, whether formal or informal, who associate14 together to advocate, conspire, or commit:1615

A. One or more criminal acts; or1817

3. Engage in any act furthering the interest of any gang or gang activity, including but not limited to:3231

d. Engaging in violence, extortion, or any other illegal act or other violation of school41 property.444342

Violations of this policy shall result in disciplinary action, up to and including suspension, expulsion,45 and/or notification of police.4746

Policy History:48 Adopted on: 12/14/9849 Reviewed on: 11/09/201050

STUDENTS

2. Engage in any act, whether verbal or nonverbal, including gestures or handshakes, showing28 membership in or affiliation with any gang and/or that is representative of any gang; or3029

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Lame Deer Public Schools

c. Painting, writing, or otherwise inscribing gang related graffiti, messages, symbols, or38 signs on school property;4039

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➢ Using profanity, obscenity, or other language that may be offensive to other users.

Items Not Allowed in Schools

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Computers and electronic devices are used to support learning and to enhance instruction LAN7 (Local Area Networks) and WAN (Wide Area Networks), allow people to interact with many8 computers and other electronic devices. The Internet or WAN, a networks of networks, allows9 people to interact with hundreds of thousands of networks, computers and other electronic10 devices. All use of the Internet must be used in support of education, research and consistent11 with the purposes of Lame Deer School District. It is the general policy that all computers and12 other electronic devices, used through Lame Deer Public Schools LAN, are to be used in a13 responsible, efficient, ethical and legal manner. Failure to adhere to the policy and the guidelines14 for the use of the LAN and WAN, as described below, will result in the revocation of access15 privileges. ( In some cases expulsion)

4241

➢ Violating the conditions of Montana Education Code dealing with students’ rights and36 privacy.3837

➢ Using the network for financial gain, for commercial activity, or for any illegal activity.

➢ Re posting (forwarding) personal communication without the author’s prior consent.

Student Internet & Electronic Devices Acceptable Use Policy

The school will NOT be liable/responsible for any lost or stolen items. This statement acts as31 the warning.

Personal Laptop computers may not be connected to the Lame Deer School District’s network,25 nor attempted to be connected. Students needing to use such equipment as part of a class or26 school assignment project should bring the equipment to the principal’s office and leave it there27 until needed. Students who do not follow these guidelines will have their equipment confiscated28 and returned at a later time. Repeated violations will result in disciplinary action ranging up to29 and including suspension.30

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Unacceptable uses of Internet or Local Area Network include:3534

Personal Laptops, Walkmans, MP3, IPods, cell phones, headphones (to include ear buds),20 electronic games, other music devices, are not allowed anywhere indoors during school hours21 (7:30am 6:30pm). Students are strongly advised to leave these items at home as school hs22 proven to be an unsafe place for them.2423

➢ Copying commercial software in violation of copyright laws.

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o Use the network for assignments which are located on either our local area23 network or an24

➢ It is a privilege to use these services.1716

➢ May NOT send or receive copyrighted material without permission.3938

➢ May NOT access a Chat room.4342

➢ May NOT use the network for an illegal purpose.3029

1110

A responsible user may:2120

Because access to the Internet provides connections to other computers and electronic systems4 located all over the world, users (and parents of users who are students) must understand that5 neither the Lame Deer School District nor District staff members control the content of the6 information available on these other systems. Some of the information available is controversial7 and sometimes may be offensive. The Lame Deer School District does not condone the use of8 such materials. A WAN filter, which adheres to CIPA standards, is in place, but does not9 guarantee to block access to all unacceptable materials.

➢ May NOT use impolite, abusive, harassing, defamatory, or pornographic language or31 graphics.3332

o Internet based server.2625

Lame Deer acceptable use policy rules and regulations:1312

➢ May NOT violate the rules of common sense or etiquette.3534

➢ May NOT share his or her password with another student.4140

➢ The LAN and WAN accounts are free to users.1514

A RESPONSIBLE user of the Lame Deer Network may keep an account as long as the user is a18 staff member or student in the Lame Deer School District.19

➢ May NOT access or change computer files that do not belong to the user.3736

➢ May NOT attempt to harm or destroy property or data or to infiltrate another computer44 system, including creating or uploading computer viruses.4645

o Use the network to research assigned classroom projects.22

A responsible user:2827

17161514131211

➢ May NOT access the school network with a personal laptop, PDA, IPad or other personal10 electronic devices.

➢ May NOT access Proxy Server sites.

Adopted on: 03/09/0419

Policy History:18

➢ May NOT use network for Cyberbullying by sending hate mail, obscene remarks,5 discriminatory remarks, or other antisocial behavioral remarks.

Reviewed on:20 Revised on: 11/09/2010

If I am signing this policy when I am under 18, I understand that when I turn 18, this policy will continue40 to be in full force and effect and agree to abide by this policy.434241

INTERNET ACCESS CONDUCT AGREEMENT

Every student, regardless of age, must read and sign below:76

Lame Deer School District’s Technology Coordinator may access others’ files when necessary for the17 maintenance of the computing facilities. When performing maintenance, however, every effort will be18 made to insure the privacy of users’ files.2019

This Acceptable Use Policy is approved by the Lame Deer School District Technology Committee and24 the Board of Trustees. The Lame Deer School District believes that technology is an integral part of25 today’s workforce and must serve as a fundamental element of the learning environment. This District is26 committed to promoting lifelong learning skills and developing productive members of society by using27 technology.2928

This Agreement is valid for the _________________ school year only.49

By signing this agreement, the student and parent/guardian have agreed to the above terms.3433

Status: Student ____ Staff ____ Patron ____ I am 18 or older ____ I am under 18 ____3938

User’s Name (Print): ________________________ Date: ______________________________35

Parent/Legal Guardian (Print): _____________________________________________________44 Signature: ___45

Lame Deer School District and its Technology Committee may modify its Acceptable Use Policy (AUP)21 and Rules/Code of Ethics for Computer Users as the need arises. Users will be notified of any changes.2322

Home Phone: ___________________ Address: _____________________________________46 Date: _________________________4847

The Lame Deer School District and Technology Committee welcomes input from community members,30 parents and other staff members.3231

User’s Signature: ___________________________3736

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By signing on to the Lame Deer Network you acknowledge that you:8 Understand the rules and regulations of the Lame Deer Acceptable Use Policy.9 Any user who does not comply with the Rules/Code of Ethics for Computer Users stands to lose10 computer privileges for two weeks (1st Offense) and the Remainder of the Year (2nd Offense). Offenses11 will be documented and filed with the Technology Coordinator by the supervising teacher. Repeated12 infractions will result in permanent termination of privileges. Discipline, including suspension or13 expulsion, also may be imposed on student users in accordance with Lame Deer School District policy.14 The Technology Committee reserves the right to impose greater penalties for severe 1st or 2nd offenses.

STUDENTS

Lame Deer Public Schools

Theft

1. Return the property in question or make restitution in full for the value of the23 property.24

Students of Lame Deer Public Schools are expected to respect the property of others. Stealing school7 property or the property of students or staff, or being a recipient of stolen goods for the purpose of8 ownership or resale is prohibited.

1. Be suspended out of school for three (3) days;14

Any student who steals the property of others or is in receipt of stolen property will:

First Occurrence During a School Year $50.00 or more in Value11

2. Return the property in question or make restitution in full for the value of the15 property.16

3. The police may be called and all evidence turned over to them, at the discretion17 of the principal or designee.

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Second Occurrence During a School Year $50.00 or more in Value20

The student will:2221

3. At the discretion of the principal, the police may be called and all evidence27 turned over to them.

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Thefts of property under $50.00 in value will be dealt with on a case by case basis and may earn either in30 school or out of school suspension. Return of the property to its rightful owner or restitution in full for31 the value of the property will be required.

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Policy History:35 Adopted on: 04/17/0136 Reviewed on: 11/09/201037 Revised on:38

2. Be suspended out of school until the next appropriate board meeting, where the25 principal will make a recommendation for expulsion.26

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It is understood and agreed that the Board of Trustees and the Police Department officials share the following goals and objectives with regard to the School Resource Officer (SRO) Program in the schools:

5. To cooperate with law enforcement officials in their investigations of criminal offenses which occur off campus.

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4. To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school; and

1. To foster educational programs and activities that will increase the student’s knowledge of and respect for the law and the function of law enforcement agencies;

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The utilization of school resource officers in district schools is to accomplish the following13 goals:

1. The observation and reporting of any unlawful act;43

3. The control of access to premises being protected;45

3. To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly conduct by trespassers, the possession and/or use of weapons on campus, the sale and/or distribution of controlled substances, and riots;

School Resource Officer

In order to make schools more orderly, safer and secure, the district [will] [may] employ police9 officers or contract with the local enforcement to deliver security services as school resource10 officers (SROs).

• To improve perceptions and relations among students, staff and law enforcement officials.

4. The maintenance of order and safety at public activities;46

• To improve school/law enforcement collaboration.

Safety

• To provide a safe and secure learning environment and help reduce school violence.

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4039383736353433323130292827262524232221

Duties include, but are not limited to:

2. The prevention of theft or misappropriation of any item of value;44

2. To encourage SROs to attend extra curricular activities held at schools, when possible;

7. Provision of crime prevention education;7

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Legal Reference: § 20 4 302, MCA

Discipline and punishment of pupils30 definition of corporal punishment31 penalty defense32

6. Investigation and documenting specific incidents;6

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5. Protection of district property, students, staff and persons and property on or about4 district property or while attending district-sponsored activities.5

109

9. Operating as a liaison between the community and the District.

8. Promotion of a positive student attitude towards law enforcement;8

The Superintendent will develop administrative regulations as necessary to implement this11 policy.

Cross Reference: 3225 Sexual Harassment/Intimidation of Students14 3226 Bullying/Harassment/Intimidation/Hazing15 3231 Searches and Seizure16 3300 Suspension and Expulsion17 3310 Student Discipline18 3340 Extra and Co Curricular Alcohol, Drug, and Tobacco Use19 3345 Gambling20 3600 Student Records21 3611 Gangs and Gang Activity22 4313 Disruptions of School Operations23 4315 Spectator Conduct for Athletic and Co Curricular Events24 4332 Conduct on School Property25 4410 Relations with Law Enforcement and Child Protective26 Agencies27 4411 Investigations and Arrests by Police

§ 20 5 202, MCA Suspension and Expulsion33 § 20 U.S.C. § 8921, et.seq. Gun Free Schools Act of 199434 § 29 U.S.C. § 701 Rehabilitation Act of 197335 § 45 8 361, MCA Possession or allowing possession of36 weapon in school building exceptions37 penalties seizure and forfeiture or return38 authorized definitions

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Policy History:41 Adopted on: 09/11/0742 Reviewed on: 11/09/201043 Revised on:44

9. To participate in campus activities, student organizations, and athletic events when invited and feasible.3130

Lame Deer Public Schools

12 Develop expertise in presenting various subjects; particularly in meeting federal and state mandates in drug39 abuse prevention education and shall provide these presentations at the request of school personnel in40 accordance with the established curriculum.4241

10. To be aware at all times of the responsibility to improve the image of the uniformed law enforcement32 officer in the eyes of the students and the community.3433

1. To prevent juvenile delinquency through close contact with students and school personnel.1211

Duties Example one:109

2. To establish liaison with school principals, faculty and students.1413

8. To participate in meetings of the parent teacher associations as requested.2928

15 Be familiar with all community agencies that offer assistance to youths and their families such as mental49 health clinics, drug treatment centers, etc.5150

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21 STUDENTS 3650P3 Page 1 of 24 Safety65

School Resource Officer

3. To establish and maintain liaison with school security personnel and other SROs assigned to school15 campuses.1716

4. To inform the students of their rights and responsibilities as lawful citizens.1918

6. To assist administration and faculty in formulating criminal justice programs.2423

11 Abide by school board policies and shall consult with and coordinate activities through the school principal35 but shall remain fully responsive to the chain of command of the law enforcement agency in all matters36 relating to employment and supervision.3837

13 Encourage individual and small group discussions about law enforcement related matters with students,43 faculty and parents.4544

14. Attend meetings of parent and faculty groups to solicit their support and understanding of the School46 Resource Officer Program and to promote awareness of law enforcement functions.4847

7. To formulate educational crime prevention programs to reduce the opportunity for crimes against persons25 and property in schools.2726

16. Confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations52 on or near the campus or involving students at school related activities.

5. To act as a liaison resource to the principal in investigating criminal law violations occurring in the school20 or on school property.2221

22. Coordinate with the principal and be responsible for law enforcement and security activity at extra21 curricular events as determined by the principal.

19 Give assistance to officers in matters regarding the duties of SROs whenever necessary.

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17. Abide by school board policy and applicable law concerning interviews should it be necessary to conduct4 formal law enforcement interviews with students or staff on school property or at school functions under5 the jurisdiction of the Board.

21. Reaffirm their roles as law enforcement officers by wearing their uniforms, unless doing so would be17 inappropriate for scheduled school activities. The uniform will also be worn at events where it will18 enhance the image of officers and their ability to perform their duties.

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Policy History:40

Adopted on: 09/11/07

18. Take law enforcement action as necessary and notify the principal of the school as soon as possible;8 whenever applicable advise the principal before requesting additional enforcement assistance on campus9 and undertake all additional law enforcement responsibilities at the principal’s direction.

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Reviewed on: 11/09/2010 Revised on:43

24. Develop expertise in presenting various subjects such as understanding the laws, the police offices and the28 police mission.

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23. Abide by Board policies and shall consult with and coordinate activities through the principal but shall24 remain fully responsive to the chain of command of the law enforcement agency in all matters relating to25 employment and supervision.

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26. File reports as required by the school district and/or law enforcement agency.

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25. Make themselves available for conferences with students, parents, and faculty members assist them with31 problems of a law enforcement or crime prevention nature. (Nothing herein requires that confidential32 information obtained be disclosed.)

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20 In order to assure the peaceful operation of school related programs, SROs will whenever possible,14 participate in or attend school functions.

4330F 1 Insurance Requirements for Facility Use Permit 4331 Use of School Property for Posting Notices 4332 Conduct on School Property

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

R 4120 Public Relations 4210 School Support Organizations 4301 Visitors to Schools

4340 Public Access to District Records

4410 Relations With Law Enforcement and Child Protective Agencies 4411 Interrogations and Investigations Conducted by School Officials 4520 Cooperative Programs With Other Districts and Public Agencies 4550 Registered Sex Offenders

R = required 4000

LAME DEER SCHOOL DISTRICT

R 4310 Public Complaints and Suggestions 4315 Spectator Conduct and Sportsmanship for Athletic and CoCurricular Events

R 4316 Accommodating Individuals with Disabilities 4320 Contact with Students

R 4330 Community Use of School Facilities 4330P Rules and Regulations for Building Use 4330F Facilities Use Agreement

COMMUNITYSERIESRELATIONSTABLEOFCONTENTS

4000 Goals

3. To strengthen and improve relations and interactions among staff, trustees, citizens,17 parents, and students;

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Adopted on: 12/14/9828 Reviewed on: 11/09/201029 Revised on:30

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2. To increase both the quality and quantity of public participation in school affairs,14 activities, and programs;

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:109

Lame Deer Public Schools

4. To promote understanding and cooperation between the schools and community groups.

COMMUNITY RELATIONS

1. To encourage and enhance communications, understanding, trust, and mutual support11 between the District and the people it serves;

Goals

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Policy History:27

Legal Reference: 10.55.701, ARM Board of Trustees24 10.55.801, ARM School Climate2625

Public Relations

Lame Deer Public Schools

· Secure adequate financial support for a sound educational program.

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· Earn the schools’ good will, respect, and confidence. Promote a genuine spirit of cooperation between the school and the community.

· Keep the news media provided with accurate information.

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Adopted on: 12/14/98

The Superintendent is District’s chief spokesperson and shall plan, implement, and evaluate the District public relations program which will:8

R21

COMMUNITY RELATIONS

Individuals shall not speak for the District without prior approval from the building principal25 with regard to a building issue or from the Superintendent with regard to the District.

The District may solicit community opinion through parent organizations, parent teacher28 conferences, open houses, and other events or activities which may bring staff and citizens29 together.

Reviewed on: 11/09/2010 Revised on: 03/09/04

Legal Reference: Art. II, Sec. 8, Montana Constitution Right of participation34 Art. II, Sec. 9, Montana Constitution Right to know

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Policy History:37

· Help citizens feel more direct responsibility for the quality of education provided by their schools.

· Develop public understanding of school operation.9 Gather public attitudes and desires for the District.

The Superintendent will establish and maintain a communication process within the school18 system and between it and the community. Such public information program will provide for19 news releases at appropriate times, arrange for media coverage of District programs and events,20 provide for regular direct communications between individual schools and the citizens they21 serve, and assist staff in improving their skills and understanding in communicating with the22 public.

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Deer Public Schools21 COMMUNITY RELATIONS 42103 page 1 of 34

Parent or booster organizations are recognized by the Board and permitted to use the District’s14 name, a District school’s name, or a District school’s team name or any logo attributable to the15 District, provided they first receive the Board’s approval during a duly constituted Board16 meeting. Unauthorized use of the District school’s team name, logo, or imagery is strictly17 prohibited. The District reserves the right to seek all available legal remedies for unauthorized18 use of the District school’s name, logo, or imagery.

School Support Organizations

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5. A statement that the District is not, and will not be, responsible for the organization’s40 business or the conduct of its members.

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4. A statement that membership is open and unrestricted and the organization will not36 engage in discrimination based on someone’s innate characteristics or membership in a37 protected classification.

3. A statement that the membership will adhere to applicable Board policies and32 administrative procedures when working on District premises or with District officials or33 programs.

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6. A designation of the organization’s treasurer. A statement that the organization will43 maintain finances consistent with General Finance Principles in a manner open to review44 by any member of the organization or the school district.

The Board recognizes that parent, teacher, and student organizations are a helpful resource for7 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.

1. The organization’s name and purpose. Acceptable purposes may include enhancement of26 students’ educational experiences, assistance to meet educational needs of students,27 support of academic clubs, or enrichment of extracurricular activities.

School-Support Organizations, Boosters and Fundraising

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2. The rules and procedures under which it operates.

In order for the School District to comply with the federal law, state law and MHSA By Laws,21 Rules and Regulations, Board recognition as a parent or booster organization along with consent22 to use one of the above mentioned names or logos will be granted if the organization has23 approved and submitted bylaws containing the following:

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1 The School District may not accept booster organization assistance that creates vast gender differences or 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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Individual Boosters or Donors

1. The individual must have prior approval must be granted by the Board for use of the31 District’s name, logo, or imagery.

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Permission to use one of the above mentioned names, logos or imagery may be suspended by the12 administration and rescinded by the Board for failure to comply with this policy. Authorization13 to use one of the above mentioned names, logos, or imagery does not constitute permission to act14 as the District’s representative. At no time does the District accept responsibility for the actions15 of any parent or booster organization, regardless of whether it was recognized and/or permitted16 to use any of the above mentioned names or logos.2 The Superintendent shall designate an17 administrative staff member to serve as the liaison to parent or booster organization. The liaison18 will serve as a resource person and provide information about school programs, resources,19 policies, problems, concerns, and emerging issues. Building staff may be encouraged to20 participate in the organizations.

2 Booster organizations 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 organization 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 organization: (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 organizations.

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2. The individual must comply with Board policies and administrative procedures when34 submitting donations.

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Individual boosters or donors not covered by the bylaws of an organization governed by this25 policy may still assist in school operations. The Board encourages the involvement of local26 communities in school activities and operations. In order for the School District to comply with27 the federal law, state law and MHSA By Laws, Rules and Regulations, individual boosters or28 donors must honor the following provisions:

7. A recognition that money given to a school cannot be earmarked for any particular4 expense. Booster organizations may make recommendations, but cash or other valuable5 consideration must be given to the District to use at its discretion. The Board’s legal6 obligation to comply with Title IX by providing equal athletic opportunity for members7 of both genders will supersede an organizations recommendation.1

8. A recognition that the School District reserves the right to reject any and all donations.

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Adopted on: 12/14/9843

3231

4. The individual acknowledges the District is not, and will not be, responsible for the8 individual booster or donor’s business or their conduct.

§ 2 2 104, MCA

All funds raised by recognized organizations that are donated to the School District become27 public funds when placed in a School District account. All public funds must be monitored in28 accordance with state law. Donations must be reviewed to ensure compliance with equity rules,29 amateur rules and appropriateness under district policy. Donations may be conditional under30 state law if conditions are in compliance.

Legal Reference: § 20 6 601, MCA

109

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§ 2-2-102 (2)(3), MCA Definitions38

All donations completed by recognized organizations are subject to applicable School District22 policies regarding financial management. Funding endeavors are generally viewed as beneficial23 when coordinated with district goals, initiatives, and existing plans. The District reserves the24 right to reject any and all donations.

Power to accept gifts37

3. The individual may not violate federal law, state law, District policy or MHSA By-Laws,5 Rules and Regulations.

Rules of conduct for public officers,39 legislators, and public employees

4140

Policy History:42

4645

6. The District reserves the right to reject any and all donations.

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Reviewed on:44 Revised on: 11/09/2010, 1/10/22

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5. The individual acknowledges that donations cannot be earmarked for any particular11 expense. Individual boosters or donors may make recommendations, but cash or other12 valuable consideration must be given to the District to use at its discretion in accordance13 with applicable laws. The Board’s legal obligation to comply with Title IX by providing14 equal athletic opportunity for members of both genders will supersede any individual’s15 recommendation.

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Funds spent by the School District will be done in accordance with District purchase order policy33 and spending limits regardless of the source of the donation. All expenditures should be34 preapproved to ensure equity and auditing standards are met.

Fundraising

COMMUNITY RELATIONS

Lame Deer Public Schools

The District welcomes visits by parents and citizens to all District buildings. All visitors shall7 report to the school building office on entering any District building and comply with any other8 applicable school safety and security policy, procedure or protocol School visitors shall not9 interfere with school operations or delivery of educational services to students. Conferences10 with teachers should be held outside school hours or during the teacher’s conference or11 preparation time.

1615141312

Policy History:17

Adopted on: 12/14/9818

Reviewed on: 11/09/201019

Revised on: 09/14/16, 1/10/22

2120

Visitors to Schools

430143

The Board is interested in receiving valid complaints and suggestions. Public complaints and7 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.

Revised on:21

Lame Deer Public Schools

Cross Reference: 1700 Uniform Complaint Procedure

R21 COMMUNITY RELATIONS 431043

109

Policy History:18

Public Complaints and Suggestions

Unless otherwise indicated in these policies or otherwise provided for by law, no appeal may be11 taken from any decision of the Board.

Reviewed on: 11/09/2010

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15141312

Adopted on: 12/14/98

Lame Public

• Using vulgar or obscene language or gestures;12

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• Using any tobacco product on school grounds;

2. Description of the unsportsmanlike conduct; and2625

3. Proposed time period admission to school events will be denied.

Policy History35

Reviewed on: 11/09/201037 Revised on: 03/14/0638

• Engaging in any illegal or disruptive activity.

• Fighting or otherwise striking or threatening another person;16

1. Date, time, and place of a Board hearing;2423

• Possessing a weapon;15

The Superintendent may seek to deny future admission to any person by delivering or mailing a20 notice by certified mail with return receipt requested, containing:2221

Schools21 COMMUNITY RELATIONS 431543

1918

30292827

Deer

Legal Reference: § 20 1 206, MCA Disturbance of school penalty31 § 20 4 303, MCA Abuse of teachers32 § 45 8 101, MCA Disorderly conduct3433

Any person, including an adult, who behaves in an unsportsmanlike manner during an athletic or7 co curricular event may be ejected from the event and/or denied admission to school events for8 up to a year after a Board hearing. Examples of unsportsmanlike conduct include but are not9 limited to:

• Possessing or being under the influence of any alcoholic beverage or illegal substance;14

• Failing to obey instructions of a security officer or District employee; and17

Adopted on: 12/14/9836

Spectator Conduct and Sportsmanship for Athletic and Co-Curricular Events

Adopted on: 12/14/9844

Reviewed on: 11/9/1045 Revised on: 3/14/06, 2/22/2146

3. Proposed time period admission to school buildings or property or school events will be29 denied.3130

• Failing to obey instructions of a security officer or District employee; and17

Legal Reference: § 20 1 206, MCA Disturbance of school penalty34

Initiative 190 “Montana Marijuana Regulation and Taxation Act.”40 January 1, 20214241

Visitor and Spectator Conduct

• Possessing or consuming any illegal substance or marijuana;14

§ 20 4 303, MCA Abuse of teachers35

2. Description of the unsportsmanlike conduct; and2827

• Using vulgar or obscene language or gestures;12

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431543

• Engaging in any illegal or disruptive activity.18

1. Date, time, and place of a Board hearing;2625

• Fighting or otherwise striking or threatening another person;16

§ 45 8 101, MCA Disorderly conduct36

COMMUNITY RELATIONS

Any person, including an adult, who behaves in an unsportsmanlike or inappropriate manner7 during a visit to the school or a school event may be ejected from the event and/or denied8 permission to access school buildings or property or school events as determined by the Board of9 Trustees. Examples of unsportsmanlike or inappropriate conduct include but are not limited to:

• Possessing or being under the influence of any alcoholic beverage;13

• Possessing a weapon in a school building;15

• Other violations of District Policy.2019

The Superintendent is authorized to temporarily restrict access to school buildings or property21 and recommend to the Board of Trustees denial of future admission to any person by delivering22 or mailing a notice by certified mail with return receipt requested, containing:2423

Lame Deer Public Schools

Policy History43

Cross Reference: 4301 Visitors to School3332

§ 45 8 351, MCA Restriction on Local Government Regulation of37 Firearms38

Article X, section 8 Montana Constitution39

36353433

2. Institute plans to make information regarding Title II protection available to any23 interested party.

2221

The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in15 that capacity, is directed to:

Lame Deer Public Schools

Individuals with disabilities will be provided opportunity to participate in all school sponsored7 services, programs, or activities on a basis equal to those without disabilities and will not be8 subject to illegal discrimination.

431643

Accommodating Individuals With Disabilities

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.

3837

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).

Legal Reference : Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131,39 et seq.; 28 C.F.R. Part 35.

Policy History:42 Adopted on: 11/09/201043 Reviewed on:44 Revised on:45

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.

2524

109

1716

COMMUNITY RELATIONS

Cross Reference: 1700 Uniform Complaint Procedure

1413

R21

4140

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.

3029

Contact With Students

Students are entrusted to the schools for educational purposes. Although educational purposes7 encompass a broad range of experiences, school officials must not assume license to allow8 unapproved contact with students by persons not employed by the District for educational9 purposes.

COMMUNITY RELATIONS

1615

Teachers may arrange for guest speakers on appropriate topics relative to the curriculum.12 Principals may approve school assemblies on specific educational topics of interest and13 relevance to the school program. The District normally does not permit other types of contact by14 non school personnel.

Unless authorized by the building administrator or otherwise required by District policy or state17 and federal law, the District will not allow access to the schools by outside individuals, entities,18 businesses, service providers, or organizations desiring to use the captive audience in a school19 for information, sales material, special interest purposes or delivery of services to students or20 groups of students that are unrelated to District operations

1110

Lame Deer Public Schools

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24232221

Policy History:25 Adopted on: 12/14/9826 Reviewed on: 11/09/201027 Revised on:2928

The user of the facility shall provide the Lame Deer Public Schools with a certificate of insurance. Said certificate shall name Lame Deer Public Schools as an additional insured. Such certificate shall show coverage for comprehensive general liability insurance 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. Said insurance shall provide for amounts not less than $1,000,000 for bodily injury or death to any one person, $1,000,000 for property damage in any one accident or the policy may provide a combined single limit for bodily injury and property damage of $1,000,000. Said certificate shall contain a provision that the insurer not cancel or refuse to renew without giving the Lame Deer Public Schools written notice at least 10 days before the effective date of the cancellation or non renewal.

Lame Deer Public Schools

INSURANCE REQUIREMENTS FOR FACILITY USE PERMIT

4330 F 1

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24232221

Lame Deer Public Schools

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Adopted on: 12/14/9830 Reviewed on: 11/09/201031 Revised on: 08/13/02, 01/14/0332

Student and school related organizations shall be granted the use of school facilities at no cost.13 Other organizations granted the use of school facilities shall pay fees and costs. Use of school14 facilities requires the Superintendent’s approval and is subject to the procedures.

1211

School facilities are available to the community for educational, civic, cultural, and other7 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.

Policy History:29

Legal Reference: § 20 7 805, MCA Recreational use of school facilities secondary25 Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct.26 2141

Administration will approve and schedule various uses of school facilities. A master calendar17 will be kept in the office for scheduling dates to avoid conflicts during the school year. Should a18 conflict arise, the District reserves the right to cancel an approved request when it is determined19 that the facilities are needed for school purposes. Requests for use of school facilities must be20 submitted to the Superintendent’s office in advance of the event.

COMMUNITY RELATIONS

Community Use of School Facilities

R21

SCHOOL FACILITIES/GROUNDS USE AND LIABILITY RELEASE AGREEMENT

Rent and Deposit

Lame Deer School District

2. That no illegal games of chance or lotteries will be permitted.

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.

Organization or Individual Requesting Facility Use: ____________________ Facility Requested: Date and Hours of Requested Use: ________________________________________ Purpose of Use: Will there be an admission fee? ______ If so, how much? _______________________________

Insurance

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 on the part of the School District. The undersigned organization or individual accepts and assumes all such risks and hazards and does hereby release the School District from any and all liability including, but not limited to bodily injury, personal injury, and/or property damage which are not the result of fraud committed, willful injury to a person or property, or willful or negligent violation of a law on the part of the School District.

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.

Indemnification

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.

5. The presence of weapons, including firearms, must be previously reviewed and approved by the Board of Trustees in accordance with Montana law.

The user of the facility shall provide the District with a certificate of insurance and endorsement to their property and liability policy. Said certificate and policy endorsement shall name the District as an additional insured. The certificate and policy shall show coverage for comprehensive general liability insurance 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. The insurance shall provide for amounts not less than $1,000,000 for bodily injury or death to any one person or resulting from any one accident, and $1,000,000 for property damage in any one accident or the policy may provide a combined single limit for bodily injury and property damage for $1,000,000. The certificate shall contain a provision that the insurer not cancel or refuse to renew without giving the District written notice at least 10 days before the effective date of the cancellation or non renewal.

Premises and Conditions

Conditions of Facilities Use Use of District facilities is conditioned upon the following covenants:

School District:

Special Events Coverage

The District reserves the right to cancel this Agreement, when it is determined by the District that the facilities are needed for school purposes, the event will violate District policy, or if the conditions outlined in this agreement are not satisfied..

The district requires the event holder to purchase a special event liability policy for the event, and to name the district as an additional insured on the policy. The event holder should provide the district with a certificate insurance outlining the coverage limits and that the district has been named as an additional insured on the policy. Minimum coverage limits of $1,000,0000 per occurrence and $2,000,000 aggregate should be purchased.

Requesting Organization or Individual:

The requesting organization understands that the District will take all reasonable precautions to insure the risk of injury to individuals accessing the facilities or grounds is minimized. However, even though these precautions are taken there is still a chance of injury, and in rare instances even severe injury and death. The requesting organization understands the risks involved.

Assumption of Risk

The District will consider requests for use of district facilities for political purposes and activity in accordance with Montanan law. 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.

DATED this _____ day of _______________, 20__.

The requesting organization agrees to indemnify, release and hold harmless the District, inclusive of its employees, administration, board of trustees, and insurers form any and all civil liability involving any and all forms of injury except those that may arise as a result of willful, wanton or reckless conduct by the District or its agents adding unwarranted danger to participation in such event.

By __________________________ AddressBy ___________________________ Phone Additional Obligations

The School District DOES NOT provide medical insurance for any individuals who choose to access and use the facilities.

Non Discrimination

District’s Rights

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.3837

Procedure History:48

1817

Lame Deer Public Schools

Dull Knife $20.00 per athletic practice session14 RG gym $100 per fundraiser + custodial fees

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.2322

7. No furniture or apparatus shall be moved or displaced without permission.3029

Promulgated on: 11/09/201049 Revised on: 1/10/2250

Rules and Regulations for Building Use

6. The District reserves the right to require a certificate of insurance from the renting agency.2827

8. No access to other rooms in the building shall be permitted unless designated by agreement.3231

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 the President,8 Secretary or qualified representative of the organization desiring to use the building.

4330P43

1211

3. Rental fees are as follows:13

5. In case of loss or damage to school property, the organization and/or individual signing the24 request shall be fully responsible and liable.2625

10. Wax, or other preparations ordinarily used on dance floors, is not to be used on gymnasium39 floors.4140

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 will pay for the employee43 expense (i.e., custodians, overtime).4544

1615

Religious groups or organizations will be charged rental fees as listed above.

COMMUNITY RELATIONS

2. The school premises shall not be available before 5:00 p.m., except under special conditions.

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

109

Policy History:37

Non school related organizations may request permission of the building principal to display7 posters in the area reserved for community posters or to have flyers distributed to students.98

433143

B. Violate the rights of others;1716

36353433

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:1312

Reviewed on:39 Revised on: 11/09/201040

D. Infringe on a copyright;2120

F. Promote the use of drugs, alcohol, tobacco, firearms, or certain products that create24 community concerns.2625

If permission is granted to distribute materials, the organization must arrange to have copies32 delivered to the school. Distribution of the materials will be arranged by administration.

E. Be obscene, vulgar, or indecent; or2322

COMMUNITY RELATIONS

A. Disrupt the educational process;1514

C. Invade the privacy of others;1918

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. No information from any candidates28 for non student elective offices shall be posted in the school, except on election day, or29 distributed to the students.

Adopted on: 12/14/9838

Lame Deer Public Schools

3130

Use of School Property for Posting Notices

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:

1716

3635

4140

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.

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.

2322

109

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.

“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.

Public Access to District Records

3130

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.

2726

2. Personal information in files maintained for staff, to the extent that disclosure will violate32 their right to privacy.

3. Test questions, scoring keys, or other examination data used to administer academic tests.

5. Preliminary drafts, notes, recommendations, and intra District memoranda in which opinions are expressed or policies formulated or recommended, except a specific record shall not be exempt when publicly cited by the District in connection with any District action.

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474645

If the record requested for inspection and/or copying contains both information exempted from21 disclosure and non exempt information, the District shall, to the extent practicable, produce the22 record with the exempt portion deleted and shall provide written explanation for the deletion.

8. Records or portions of records, the disclosure of which would violate governmental interests.

1312

If the District denies any request, in whole or in part, for inspection and copying of records, the18 District will provide the requesting party with reasons for denial.

7. Records or portions of records, the disclosure of which would violate personal rights of8 privacy.

Legal Reference: Title 20, Ch. 6, MCA School districts38 § 2 6 109, MCA Prohibition on distribution or sale of mailing lists39 exceptions penalty

3029

4140

9. Records or information relating to individual or public safety or the security of public14 schools if release of the information jeopardizes the safety of facility personnel, the15 public, students in a public school.

37363534

The District will not provide access to lists of individuals, which the requesting party intends to25 use for commercial purposes or which the District reasonably believes will be used for26 commercial purposes if such access is provided. However, the District may provide mailing lists27 of graduating students to representatives of the U.S. armed forces and the National Guard for28 purpose of recruitment.

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.

1716

The coordinator is authorized to seek an injunction to prevent disclosure of records otherwise31 suitable for disclosure, when it is determined reasonable cause exists to believe disclosure would32 not be in the public interest and would substantially or irreparably damage any person or would33 substantially or irreparably damage vital governmental functions.

Policy History:42 Adopted on: 12/14/9843

Revised on: 10/04/01, 1/10/22

Reviewed on: 11/09/2010

2423

2019

109

The District will strive to develop and maintain cooperative working relationships with the law17 enforcement agencies. Procedures for cooperation between law enforcement, child protective,18 and school authorities will be established. Such procedures will be made available to affected19 staff and will be periodically revised.

23222120

The staff is primarily responsible for maintaining proper order and conduct in the schools. Staff7 shall be responsible for holding students accountable for infractions of school rules, which may8 include minor violations of the law, occurring during school hours or at school activities. When9 there is substantial threat to the health and safety of students or others, such as in the case of10 bomb threats, mass demonstrations with threat of violence, individual threats of substantial11 bodily harm, trafficking in prohibited drugs, or the scheduling of events where large crowds may12 be difficult to handle, the law enforcement agency shall be called upon for assistance.13 Information regarding major violations of the law shall be communicated to the appropriate law14 enforcement agency.

Cross Reference: 4313 Disruption of School Operations2524

Legal Reference: § 20-1-206, MCA Disturbance of school penalty2726

Policy History:28 Adopted on: 12/14/9829 Reviewed on: 11/09/201030 Revised on:31

Lame Deer Public Schools

Relations With Law Enforcement and Child Protective Agencies

21 COMMUNITY RELATIONS 441043

1615

3837

The District will participate in the County or Regional interdisciplinary child information and school23 safety team established by Section 52 2 211, MCA. This team consists of county level representatives of24 the youth court, the county attorney, the department of public health and human services, the county25 superintendent of schools, the sheriff, the chief of any police force, the superintendents of public school26 districts in the County, and the department of corrections.

Relations With Law Enforcement and Child Protective Agencies

Cross Reference: 4313 Disruption of School Operations

Legal Reference: § 20 1 206, MCA Disturbance of school penalty41 § 52 2 211, MCA County Interdisciplinary Child Information and School Safety Team

1514

Policy History:44

Adopted on: 12/14/98

2019

2221

COMMUNITY RELATIONS

County or Regional Interdisciplinary Child Information and School Safety Team

Lame Deer Public Schools

The Superintendent is authorized to participate in the formation of and request information from the34 interdisciplinary child information and school safety team regarding students in the School District. The35 Superintendent shall utilize this authority on a regular basis to ensure the safety and security of the36 District.

4039

The purpose of the team is “to facilitate the exchange and sharing of information that one or more team29 members may be able to use in serving a child in the course of their professions and occupations,30 including but not limited to abused or neglected children, delinquent youth, and youth in need of31 intervention, and of information relating to issues of school safety.”

Reviewed on: 11/09/2010 Revised on:4847

441043

The staff is primarily responsible for maintaining proper order and conduct in the schools. Staff shall be7 responsible for holding students accountable for infractions of school rules, which may include minor8 violations of the law, occurring during school hours or at school activities. When there is substantial9 threat to the health and safety of students or others, such as in the case of bomb threats, mass10 demonstrations with threat of violence, individual threats of substantial bodily harm, trafficking in11 prohibited drugs, or the scheduling of events where large crowds may be difficult to handle, the law12 enforcement agency shall be called upon for assistance. Information regarding major violations of the13 law shall be communicated to the appropriate law enforcement agency.

2827

The District will strive to develop and maintain cooperative working relationships with the law16 enforcement agencies. Procedures for cooperation between law enforcement, child protective, and school17 authorities will be established. Such procedures will be made available to affected staff and will be18 periodically revised.

3332

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.

1312

Interrogation and Investigations Conducted by School Officials

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.

3029

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 only

c. The student’s parent or guardian should be present, if practicable, during any36 interrogation on school premises.

3837

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.

464544

2019

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3534

Cooperation with Law Enforcement

2726

Investigations by Law Enforcement

a. The officer shall contact the Superintendent and present proper identification in all28 occasions upon his/her arrival on school premises.

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 safety.

4039

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.

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2322

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.

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.

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.

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.

4241

Law enforcement officers may be requested to assist in controlling disturbances of the school environment which the Superintendent or other school administrator has found to be

1514

Disturbance of School Environment

2120

4443

Taking a Student into Custody

§ 20-1-206, MCA Disturbance of school - penalty14

Legal Reference:

Policy History:20

131211

19181716

Adopted on: 12/14/9821 Reviewed on: 11/09/201022 Revised on: 09/14/1623

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.

§ 45 8 101, MCA Disorderly conduct

§ 20 5 201, MCA Duties and sanctions15

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.

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28272625

Reviewed on: 11/09/201036 Revised on: 10/04/0137

COMMUNITY RELATIONS

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.

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.

2019

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 recreation

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.

3332

Cooperative Programs with Other Districts and Public Agencies

Policy History:34

452043

Adopted on: 12/14/9835

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.

1514

Lame Deer Public Schools

In the event that a registered sex offender whose victim was a minor has a child attending the45 District, the administrator of the school where the child attends shall be authorized to modify this46

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 Lame Deer School District9 declares that, except in limited circumstances, Lame Deer School District should be off limits to10 registered sex offenders.

Deer

Schools21 COMMUNITY RELATIONS 45503 page 1 of 24

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The District hereby declares that no registered sex offender whose victim was a minor may come22 on, about, or within one thousand (1,000) feet of any District owned buildings or property except23 as otherwise provided in this policy. If an administrator becomes aware that such a sex offender24 is on, about, or within one thousand (1,000) feet of school property, the administrator shall direct25 the sex offender to immediately leave the area. The Board authorizes the administrator to request26 the assistance of the appropriate law enforcement authorities to secure the removal of any27 registered sex offender from the area. If a registered sex offender disregards the terms of this28 policy or the directives of the school administrator, then the Superintendent is authorized to29 confer with counsel and to pursue such criminal or civil action as may be necessary to enforce30 compliance with this policy.

School Off Limits

This policy shall not be construed to impose any duty upon any administrator or any other33 employee of the District to review the Sex Offender Registry or to screen individuals coming on34 or within one thousand (1,000) feet of school property to ascertain whether they are on the35 Registry. This policy shall only apply when administrators are actually aware that the person in36 question is on the Sex Offender Registry and that the offender’s victim was a minor.

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The provisions of this policy prohibiting a registered sex offender from coming on, about, or39 within one thousand (1,000) feet of school property shall not apply in the event that a sex40 offender’s name should be expunged from the Registry.

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Rights of Parents on the Sex Offender Registry

Registered Sex Offenders

Lame Public

Notwithstanding any other Board policy, individuals listed by the State of Montana as registered15 sex offenders are ineligible for employment in any position within the Lame Deer School16 District. However, the Superintendent shall have discretion consistent with other Board policies17 to recommend an individual whose name has been expunged from the Sex Offender Registry.

Employment

policy’s restrictions to permit the parent to drop off and pick up the child from school and to4 come onto campus to attend parent-teacher conferences. However, the parent may not linger on5 or about school property before or after dropping off his or her child, and the parent is prohibited6 from being in any part of the school building except the main office.

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Policy History:30 Adopted on: 11/14/0831 Reviewed on:32 Revised on: 11/09/201033

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To facilitate voluntary compliance with this policy, administrators are encouraged to speak with15 any affected parents upon learning of their status as registered sex offenders to communicate the16 restrictions of this policy. At all times, the administrator shall endeavor to protect the privacy of17 the offender’s child.

This policy does not impose a duty upon the administrator of any school or any other employee9 of the District to review the Sex Offender Registry and the school system’s directory information10 to ascertain whether a registered sex offender may have a child attending school in the District.11 The provisions of this policy shall apply only if an administrator actually becomes aware that a12 parent of a student at the school is a registered sex offender.

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Legal Reference: § 46 23 501, MCA Sexual or Violent Offender Registration Act27 www.doj.mt.gov/svor/ Sexual or Violent Offender Registry

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In the event of a truly exceptional situation such as graduation, a parent on the Sex Offender20 Registry may ask the Superintendent for a waiver of this policy to permit the parent to attend21 these special events. It is the intent of the Board, however, that these special circumstances be22 truly unusual and infrequent occurrences.

5140 Classified Employment and Assignment 5210 Assignments, Reassignments, Transfers 5213 Vacancies

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Hiring Process and Criteria

5122F1

Non-Renewal of Employment/Dismissal From Employment 5251 Resignations

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

Abused and Neglected Child Reporting

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TABLEPERSONNELSERIESOFCONTENTS

Classified Personnel Supervision of 5221 Work Day

R 5240 Resolution of Staff Complaints/Problem Solving 5250

5229 Gun Policy 5230

Payment of Employer Contributions and Interest on Previous Service

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5000 Board Goal/Personnel

5122F

Payment of Employer Contributions and Interest on Previous Service

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5130 Staff Health

R 5222 Evaluation of Non-Administrative Staff 5223 Personal Conduct 5224 Political Activity 5226 Drug Free Workplace

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Prevention of Disease Transmission 5231 5231P Personnel Records

5255 Disciplinary Action

Authorization to Release Information, Including Consent to Fingerprint Background Check

Courts Record Report

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

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Fingerprints and Criminal Background Investigations

R = required

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5015 Bullying/Harassment/Intimidation

5000

LAME DEER SCHOOL DISTRICT

R 5002 Accommodating Individuals With Disabilities

Report of Suspected Child Abuse or Neglect

5254F

Applicability of Personnel Policies

Retirement Programs for Employees

5256 Reduction in Force

R 5010 Equal Employment Opportunity and Non Discrimination

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Overtime for Classified Employees 5337 Workers’ Compensation Benefits

5338 Absence Due to Illness or Injury 5420 Teachers’ Aides/Paraeducators 5430 Volunteers 5440 Student Teachers/Interns

R 5325 Breastfeeding Workplace

5500 Payment of Wages Upon Termination

R 5328 - 5328P Family Medical Leave

Leaves of Absence

5450 Employee Electronic Mail and On Line Services Usage

5321P Conditions for Use of Leave 5322 Military Leave

5321

R 5510 HIPAA

R 5336

5331 Insurance Benefits for Employees

5333 Holidays

5334 5334P Vacations

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.

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Lame Deer Public Schools

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.

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.

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.

Board Goal/Personnel

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Adopted on: 12/14/9826 Reviewed on: 11/09/201027 Revised on:28

PERSONNEL

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Policy History:25

Cross Reference: 1700 Uniform Complaint Procedure

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Adopted on: 12/14/9842 Reviewed on: 11/09/201043 Revised on:44

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2. Institute plans to make information regarding Title II protection available to any26 interested party.

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Policy History:41

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PERSONNEL

Legal Reference : Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131,38 et seq.; 28 C.F.R. Part 35.

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The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in19 that capacity, is directed to:

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.

Individuals with disabilities shall be provided opportunity to participate in all school sponsored services, programs, or activities on an basis equal to those without disabilities and will not be8 subject to illegal discrimination.

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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.

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.

Accommodating Individuals With Disabilities

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Equal Employment Opportunity, Non-Discrimination, and Sex Equity

Legal Reference: Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.

PERSONNEL

All complaints about behavior that may violate this policy shall be promptly investigated.34 Retaliation against an employee who has filed a discrimination complaint, testified, or35 participated in any manner in a discrimination investigation or proceeding is prohibited.

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The District will provide equal employment opportunities to all persons, regardless of their race,7 color, religion, creed, national origin, genetic information, sex, age, ancestry, marital status,8 military status, citizenship status, use of lawful products while not at work physical or mental9 disability. The District will make reasonable accommodation for an individual with a disability10 known to the District, if the individual is otherwise qualified for the position, unless the11 accommodation would impose undue hardship on the District.

Genetic Information Nondiscrimination Act of 2008 (GINA)

Inquiries regarding discrimination on the basis of disability or requests for accommodation18 should be directed to the District Section 504 Coordinator.

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Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R., Part 1601

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Any individual may file a complaint alleging violation of this policy, Policy 5012/512P Sexual21 Harrassment, or Policy 5015 Bullying/Harassment/Intimidation/Hazing by following those22 policies or Policy 1700 Uniform Complaint Procedure.

The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence30 against students, staff, or volunteers with disabilities. The District will consider such behavior as31 constituting discrimination on the basis of disability, in violation of state and federal law.

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Equal Pay Act, 29 U.S.C. § 206(d)

Inquiries regarding sexual harassment, sex discrimination, or sexual intimidation should be14 directed to the District Title IX Coordinator, to the Assistant Secretary for Civil Rights of the15 Department of Education, or both.

Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 34

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The District, in compliance with federal regulations, will notify annually all students, parents,25 staff, and community members of this policy and the designated coordinator to receive inquiries.26 This annual notification will include the name and location of the coordinator and will be27 included in all handbooks.

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Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq.

Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq

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Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq.

Reviewed on: 11/09/201010 Revised on: 1/10/22

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C.F.R., Part 1061

Montana Constitution, Art. X, § 1 Educational goals and duties2 § 49-2-101, et seq, MCA Human Rights Act3 § 49 2 303, MCA Discrimination in Employment4 § 49-3-102, MCA What local governmental units affected5 §49 3 201, MCA Employment of state and local government6 personnel.7

Policy History:8

Adopted on: 12/14/989

For purposes of this policy and the grievance process, “sexual harassment” means conduct on the20 basis of sex that satisfies one or more of the following:

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1. A District employee conditioning the provision of an aid, benefit, or service of the23 District on an individual’s participation in unwelcome sexual conduct;

3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in30 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8) or31 “stalking” as defined in 34 USC 12291(a)(30).

An individual is not required to submit a report of sexual harassment involving the Title IX38 coordinator. In the event the Title IX Coordinator is responsible for or a witness to the alleged39 harassment, the individual may report the allegations to the building principal or superintendent40 or other unbiased school official. Prohibited

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Sexual Harassment of Employees

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4241 Retaliation

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2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and26 objectively offensive that it effectively denies a person equal access to the District’s27 education program or activity; or

Any person may report sex discrimination, including sexual harassment, at any time, including14 during non business hours. Such a report may be made using the attached form, in person, by15 mail, by telephone or by electronic mail, using the contact information listed for the Title IX16 Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s17 verbal or written report.

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When the harassment or discrimination on the basis of sex does not meet the definition of sexual34 harassment, the Title IX Coordinator shall direct the individual to the applicable sex35 discrimination process for investigation.

The District ensures that Title IX Coordinators, investigators, decision makers, and any person34 who facilitates an informal resolution process, receives training on the definition of sexual35 harassment, the scope of the District’s education program or activity, how to conduct an36 investigation and grievance process including hearings, appeals and informal resolution37 processes, when applicable, and how to serve impartially including by avoiding prejudgment of38 the facts at issue, conflicts of interest and bias. The District also ensures that decision makers39 and investigators receive training on issues of relevance of questions and evidence, including40 when questions and evidence about the complainant’s sexual predisposition or prior sexual41 behavior are not relevant as set forth in the formal procedures that follow, and training on any42 technology to be used at a live hearing, if applicable. Investigators also receive training on43 issues of relevance to create an investigative report that fairly summarizes relevant evidence. All44 materials used to train individuals who receive training under this section must not rely on sex45

Confidentiality

The District must keep confidential the identity of any individual who has made a report or13 complaint of sex discrimination, including any individual who has made a report or filed a14 formal complaint of sexual harassment, any individual who has been alleged to be the victim or15 perpetrator of conduct that could constitute sexual harassment, and any witness, except as may16 be permitted by Family Educational Rights and Privacy Act (FERPA) or as required by law, or17 to carry out the purposes of the Title IX regulations, including the conduct of any investigation,18 hearing or judicial proceeding arising thereunder.

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The District prohibits intimidation, threats, coercion or discrimination against any individual for1 the purpose of interfering with any right or privilege secured by Title IX or this policy, or2 because the individual has made a report or complaint, testified, assisted, or participated or3 refused to participate in any manner in an investigation proceeding or hearing, if applicable.4 Intimidation, threats, coercion, or discrimination, including charges against an individual for5 code of conduct violations that do not involve sex discrimination or sexual harassment, but arise6 out of the same facts or circumstances as a report or complaint of sex discrimination, or a report7 or formal complaint of sexual harassment, for the purpose of interfering with any right or8 privilege secured by Title IX or this part, constitutes retaliation.

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Training Requirements

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Notice Requirements

The District provides notice to applicants for admission and employment, students, parents or23 legal guardians of elementary and secondary school students, employees and the union(s) with24 the name or title, office address, email address and telephone number of the Title IX Coordinator25 and notice of the District grievance procedures and process, including how to report or file a26 complaint of sex discrimination, how to file a formal complaint of sexual harassment and how27 the District will respond. The District also posts the Title IX Coordinator’s contact information28 and Title IX policies and procedures in a prominent location on the District website and in all29 handbooks made available by the District.

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Cross Reference: Policy 5010 Equal Employment and Non Discrimination18 Policy 5012P Sexual Harassment Procedures

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stereotypes and must promote impartial investigations and adjudications of formal complaints of1 sexual harassment and are made publicly available on the District’s website.

Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties22 §§ 49 3 101, et seq., MCA Montana Human Rights Act23 Civil Rights Act, Title VI; 42 USC 2000d et seq.24 Civil Rights Act, Title VII; 42 USC 2000e et seq.25 Education Amendments of 1972, Title IX; 20 USC 1681 et seq.26 34 CFR Part 106 Nondiscrimination on the basis of sex in27 education programs or activities receiving28 Federal financial assistance29 10.55.701(1)(f), ARM Board of Trustees30 10.55.719, ARM Student Protection Procedures31 10.55.801(1)(a), ARM School Climate

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Determination of Responsibility

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Conflict of Interest and Bias

The District ensures that Title IX Coordinators, investigators, decision makers, and any person6 who facilitates an informal resolution process do not have a conflict of interest or bias for or7 against complainants or respondents generally or an individual complainant or respondent.

The individual who has been reported to be the perpetrator of conduct that could constitute12 sexual harassment is presumed not responsible for alleged conduct. A determination regarding13 responsibility will be made by the decision-maker at the conclusion of the investigation in14 accordance with the process outlined in Policy 5012P. No disciplinary sanctions will be imposed15 unless and until a final determination of responsibility is reached.

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Policy History:34 Adopted on: 12/14/9835 Reviewed on:36 Revised on: 11/09/2010, 1/10/223837

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• Were other individuals involved in the incident(s)?  yes  no22 If so, name the individual(s) and explain their roles. ____________________________________2726252423

This form is not required. Complaints may be submitted in any manner noted in Policy 5012. The form may be used by the4 Title IX Coordinator to document allegations.

Retaliation is prohibited by federal law and district policy. The identity of the individual signing this form will47 remain confidential in accordance with law and policy.48

• Did anyone witness the incident(s)?  yes  no28 If so, name the witnesses. __________________3332313029

• Did you take any action in response to the incident?  yes  no34 If yes, what action did you take? ___________________________________________________3938373635

_________________________________________________________

• Describe the incident(s). ______________________________________________________

21201918

• Date(s), time(s), and place(s) the incident(s) occurred. _______________________________

Signature of complainant4645

65 School ______________________________________________ Date ___________________87 Employee’s name109

• Who was responsible for the harassment or incident(s)? ______________________________

Sexual Harassment Reporting/Intake Form for Employees

• Were there any prior incidents?  yes  no40 If so, describe any prior incidents. ______________44434241

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Sexual Harassment Grievance Procedure Employees

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The Board requires the following grievance process to be followed for the prompt and equitable8 resolution of employee complaints alleging any action that would be prohibited as sexual9 harassment by Title IX. The Board directs the process to be published in accordance with all10 statutory and regulatory requirements.

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“Complainant:” an individual who is alleged to be the victim of conduct that could constitute27 sexual harassment.

“Respondent:” an individual who has been reported to be the perpetrator of conduct that could30 constitute sexual harassment.

Definitions

The following definitions apply for Title IX policies and procedures:

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District Requirements

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Response to a Formal Complaint

The District must follow the formal complaint process before the imposition of any disciplinary44 sanctions or other actions that are not supportive measures. However, nothing in this policy45

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harassment, the Title IX Coordinator will direct the individual to the applicable sex1 discrimination process for investigation.

Timelines

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1. Notice of the allegations of sexual harassment, including information about the15 identities of the parties involved in the incident, the conduct allegedly constituting16 sexual harassment, the date and location of the alleged incident, and any sufficient17 details known at the time. Such notice must be provided with sufficient time to18 prepare a response before any initial interview;

5. Notice to the parties of any provision in the District’s code of conduct or policy that31 prohibits knowingly making false statements or knowingly submitting false32 information.

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student may receive instruction in an offsite capacity during the period of removal. This7 provision may not be construed to modify any rights under the Individuals with Disabilities8 Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities9 Act.

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When investigating a formal complaint and throughout the grievance process, the District must:

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The District may consolidate formal complaints as to allegations of sexual harassment against39 more than one Respondent, or by more than one Complainant against one or more Respondents,40 or by one party against the other party, where the allegations of sexual harassment arise out of41 the same facts or circumstances.

Upon receipt of a formal complaint, the District must provide written notice to the known parties12 including:

4. Notice to the parties that they may have an advisor of their choice who may be, but28 is not required to be, an attorney, and may inspect and review any evidence; and

If, in the course of an investigation, the District decides to investigate allegations about the35 Complainant or Respondent that are not included in the notice initially provided, notice of the36 additional allegations must be provided to known parties.

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Investigation of a Formal Complaint

precludes the District from placing a non student employee Respondent on administrative leave1 during the pendency of the grievance process. The District may also remove a student2 Respondent alleged to have harassed an employee Complainant from the education setting. The3 5012P4

2. An explanation of the District’s investigation procedures, including any informal21 resolution process;

3. A statement that the Respondent is presumed not responsible for the alleged24 conduct and that a determination regarding responsibility will be made by the25 decision-maker at the conclusion of the investigation;

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7. Objectively evaluate all relevant evidence without relying on sex stereotypes;

8. Ensure that Title IX Coordinators, investigators, decision makers and individuals who27 facilitate an informal resolution process, do not have a conflict of interest or bias for or28 against Complainants or Respondents generally or an individual Complainant or29 Respondent;

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10. Not use questions or evidence that constitute or seek disclosure of privileged35 information unless waived.

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4. Allow the parties to be accompanied with an advisor of the party’s choice who may be,12 but is not required to be, an attorney. The District may establish restrictions regarding13 the extent to which the advisor may participate in the proceedings, as long as the14 restrictions apply equally to both parties;

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5. Provide written notice of the date, time, location, participants, and purpose of any17 interview or meeting at which a party is expected to participate, with sufficient time for18 the party to prepare to participate;

6. Provide the parties equal access to review all the evidence collected which is directly21 related to the allegations raised in a formal complaint and comply with the review22 periods outlined in this process;

2. Provide an equal opportunity for the parties to present witnesses and evidence;

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1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach2 a determination regarding responsibility rests on the District and not the parties’;3 5012P of 9

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Dismissal of Formal Complaints

3. Not restrict either party’s ability to discuss the allegations under investigation or to9 gather and present relevant evidence;

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The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any45 time during the investigation or hearing, if applicable, when any of the following apply:

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If the conduct alleged in the formal complaint would not constitute sexual harassment even if40 proved, did not occur in the District’s education program or activity, or did not occur against a41 person in the United States, then the District must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under this policy.

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9. Not make creditability determinations based on the individual’s status as Complainant,32 Respondent or witness;

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1. a Complainant provides written notification to the Title IX Coordinator that the2 Complainant would like to withdraw the formal complaint or any allegations therein;3 5012P4 5 of 9

Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the12 reasons for dismissal simultaneously to both parties.

The investigative report is submitted to the decision-maker. The decision-maker cannot be the38 same person(s) as the Title IX Coordinator or the investigator. The decision maker cannot hold a39 hearing or make a determination regarding responsibility until 10 calendar days from the date the40 Complainant and Respondent receive the investigator’s report.

Evidence Review

Decision Maker’s Determination

Investigative Report

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The District provides both parties an equal opportunity to inspect and review any evidence17 obtained as part of the investigation so that each party can meaningfully respond to the evidence18 prior to the conclusion of the investigation. The evidence provided by the District must include19 evidence that is directly related to the allegations in the formal complaint, evidence upon which20 the District does not intend to rely in reaching a determination regarding responsibility, and any21 inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to22 completion of the investigative report, the Title IX Coordinator must send to each party and the23 party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a24 hard copy. The parties have 10 calendar days to submit a written response to the Title IX25 Coordinator, which the investigator will consider prior to completion of the investigative report.

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The investigator must prepare an investigative report that fairly summarizes relevant evidence30 and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each31 party and the party’s advisor, if any, the investigative report in an electronic format or a hard32 copy, for their review and written response. The parties have 10 calendar days to submit a33 written response to the Title IX Coordinator.

2. the Respondent is no longer enrolled or employed by the District; or

3. specific circumstances prevent the District from gathering evidence sufficient to reach a9 determination as to the formal complaint or allegations therein.

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Prior to reaching a determination regarding responsibility, the decision maker must afford each43 party the opportunity to submit written, relevant questions that a party wants asked of any party44 or witness, provide each party with the answers, and allow for additional, limited follow up45 questions from each party. Questions and evidence about the Complainant’s sexual46

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The decision maker must issue a written determination regarding responsibility based on a13 preponderance of the evidence standard. The decision-maker’s written determination must:

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1. Identify the allegations potentially constituting sexual harassment;

predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the2 Respondent committed the conduct alleged by the Complainant, or if the questions and evidence

2. Describe the procedural steps taken, including any notifications to the parties,18 interviews with parties and witnesses, site visits, methods used to gather evidence, and19 hearings held;

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5. Address each allegation and a resolution of the complaint including a determination27 regarding responsibility, the rationale therefor, any recommended disciplinary28 sanction(s) imposed on the Respondent, and whether remedies designed to restore or29 preserve access to the educational program or activity will be provided by the District30 to the Complainant; and

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Where a determination of responsibility for sexual harassment has been made against the45

3. Include the findings of fact supporting the determination;2322

concern specific incidents of the Complainant’s prior sexual behavior with respect to the8 Respondent and are offered to prove consent. Questions must be submitted to the Title IX9 Coordinator within three calendar days from the date the Complainant and Respondent receive10 the investigator’s report.

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4. Draw conclusions regarding the application of any District policies and/or code of24 conduct rules to the facts;

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A copy of the written determination must be provided to both parties simultaneously, and36 generally will be provided within 60 calendar days from the District’s receipt of a formal37 complaint.

6. The procedures and permissible bases for the Complainant and/or Respondent to appeal33 the determination.

The determination regarding responsibility becomes final either on the date that the District40 provides the parties with the written determination of the result of the appeal, if an appeal is41 filed, or if an appeal is not filed, the date on which an appeal would no longer be considered42 timely.

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2. New evidence that was not reasonably available at the time that could affect the21 outcome and

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The appeal decision maker must notify the other party in writing when an appeal is filed and34 give both parties a reasonable equal opportunity to submit a written statement in support of, or35 challenging, the outcome. After reviewing the evidence, the appeal decision maker must issue a36 written decision describing the result of the appeal and the rationale for the result. The decision37 must be provided to both parties simultaneously, and generally will be provided within 1038 calendar days from the date the appeal is filed.

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Either the Complainant or Respondent may appeal the decision maker’s determination regarding16 responsibility or a dismissal of a formal complaint, on the following bases:

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Respondent, the District will provide remedies to the Complainant that are designed to restore or1 preserve equal access to the District’s education program or activity. Such remedies may include2 supportive measures; however, remedies need not be non-disciplinary or non-punitive and need3 not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective

5012P page 7 of 9

The request to appeal must be made in writing to the Title IX Coordinator within seven calendar28 days after the date of the written determination. The appeal decision maker must not have a29 conflict of interest or bias for or against Complainants or Respondents generally or an individual30 Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the31 decision maker from the original determination.

implementation of any remedies. Following any determination of responsibility, the District may9 implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated10 agreement. For employees, the sanctions may include any form of responsive discipline, up to11 and including termination.

Appeals

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Except when concerning allegations that an employee sexually harassed a student, at any time43 during the formal complaint process and prior to reaching a determination regarding44 responsibility, the District may facilitate an informal resolution process, such as mediation, that45

Informal Resolution Process

3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or24 bias for or against Complainants or Respondents generally or an individual25 Complainant or Respondent that affected the outcome.

1. Procedural irregularity that affected the outcome of the matter;

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does not involve a full investigation and determination of responsibility, provided that the District:

B. The requirements of the informal resolution process including the circumstances12 under which it precludes the parties from resuming a formal complaint arising13 from the same allegations, provided, however, that at any time prior to agreeing to14 a resolution, any party has the right to withdraw from the informal resolution15 process and resume the Title IX formal complaint process with respect to the16 formal complaint; and1817

Recordkeeping

The District must maintain for a period of seven years records of:3433

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2. Obtains the parties’ voluntary, written consent to the informal resolution process.2322

C. Any consequences resulting from participating in the informal resolution process,19 including the records that will be maintained or could be shared.

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1. Provides to the parties a written notice disclosing: 8 of 9 A. The allegations;

The informal resolution process generally will be completed within 30 calendar days, unless the24 parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process.25 The formal grievance process timelines are stayed during the parties’ participation in the26 informal resolution process. If the parties do not reach resolution through the informal resolution27 process, the parties will resume the formal complaint grievance process, including timelines for28 resolution, at the point they left off.

4. All materials used to train Title IX Coordinators, investigators, decision makers, and44 any person who facilitates an informal resolution process. The District must make45 these training materials publicly available on its website.46

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2. Any appeal and the result therefrom;4140

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1. Each sexual harassment investigation, including any determination regarding35 responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies36 provided to the Complainant designed to restore or preserve equal access to the37 District’s education program or activity;3938

3. Any informal resolution and the result therefrom; and4342

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Policy History:29 Adopted on: 1/10/2230 Reviewed on:31 Revised on:32

The District must create, and maintain for a period of seven years, records of any actions,2 including any supportive measures, taken in response to a report or formal complaint of sexual3 harassment. In each instance, the District must document the basis for its conclusion that its4 response was not deliberately indifferent, and document that it has taken measures designed to5 restore or preserve equal access to the District’s education program or activity.

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Legal References: Art. X, Sec. 1, Montana Constitution Educational goals and duties17 Section 49 3 101, et seq., MCA, Montana Human Rights Act18 Civil Rights Act, Title VI; 42 USC 2000d et seq.19 Civil Rights Act, Title VII; 42 USC 2000e et seq.20 Education Amendments of 1972, Title IX; 20 USC 1681 et seq21 34 CFR Part 106 Nondiscrimination on the basis of sex in22 education programs or activities receiving23 Federal financial assistance24 10.55.701(1)(f), ARM Board of Trustees25 10.55.719, ARM Student Protection Procedures26 10.55.801(1)(a), ARM School Climate2827

Cross Reference: Policy 5010 Equal Employment and Non Discrimination13 Policy 5012 Sexual Harassment14 Policy 5255 Employee Discipline

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Definitions

1312

•

All complaints about behavior that may violate this policy shall be promptly investigated. Any39 employee or third party who has knowledge of conduct in violation of this policy or feels he/she40 has been a victim of harassment, intimidation, or bullying in violation of this policy is41 encouraged to immediately report his/her concerns to the building principal or the District42 Administrator, who have overall responsibility for such investigations. Complaints against the43 building principal shall be filed with the Superintendent. Complaints against the Superintendent44 or District Administrator shall be filed with the Board, via written communication to the Board45 Chair

3130

Bullying/Harassment/Intimidation

1110

• “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.

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.

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Reporting

• “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.

“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:

c. Creating a hostile working environment.

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

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Retaliation is prohibited against any person who reports or is thought to have reported a28 violation, files a complaint, or otherwise participates in an investigation or inquiry. Such29 retaliation shall be considered a serious violation of Board policy, whether or not a complaint is30 substantiated. False charges shall also be regarded as a serious offense and will result in31 disciplinary action or other appropriate sanctions.

Legal Reference: 10.55.701(3)(g), ARM Board of Trustees35 10.55.801(1)(d), ARM School Climate

343332

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Retaliation and Reprisal

The complainant may be provided a summary of the findings of the investigation and, as5 appropriate, that remedial action has been taken.

Staff whose behavior is found to be in violation of this policy will be subject to discipline up to20 and including termination of employment. Third parties whose behavior is found to be in21 violation of this policy shall be subject to appropriate sanctions as determined and imposed by22 the District Administrator or the Board. Individuals may also be referred to law enforcement23 officials.

4241

Responsibilities

When an employee has actual knowledge that behavior is in violation of this policy is sexual13 harassment, the employee must contact the Title IX Coordinator. The Title IX sexual harassment14 grievance process will be followed, if applicable, prior to imposing any discipline that cannot be15 imposed without resolution of the Title IX process.

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The District Administrator shall be responsible for ensuring that notice of this policy is provided10 to staff and third parties.

Policy History:38 Adopted on: 12/12/06

Reviewed on:40 Revised on: 11/09/2010, 1/10/22

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Consequences

Deer Public Schools21 PERSONNEL 51203 Page 1 of 254

The Superintendent is responsible for recruiting personnel, in compliance with Board policy, and8 for making hiring recommendations to the Board. The screening committee will screen9 applicants for educational support positions. The District will hire highly qualified personnel10 consistent with budget and staffing requirements and will comply with Board policy and state11 law on equal employment opportunities and veterans’ preference. All applicants must complete12 a District application form to be considered for employment.

454443 Cross Reference: 5122 Fingerprints and Criminal Background Investigations46

The personnel office will register all certificates, noting class and endorsement of certificates,36 and will update permanent records as necessary. The personnel office also will retain a copy of37 each valid certificate of a contracted certified employee in that employee’s personnel file.

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Every newly hired employee must provide the District documentation of the results of a20 tuberculin skin test done within the year prior to initial employment, along with the name of the21 tester and the date and type of test administered, unless the person provides written medical22 documentation that he/she is a known tuberculin reactor.

Lame

Certification

Driver’s License

Hiring Process and Criteria

Every applicant must provide the District with written authorization for a criminal background15 investigation. The Superintendent will keep any conviction record confidential as required by16 law and District policy. Every newly hired employee must complete an Immigration and17 Naturalization Service form, as required by federal law.

The District requires its contracted certified staff to hold valid Montana teacher or specialist27 certificates endorsed for the roles and responsibilities for which they are employed. Failure to28 meet this requirement shall be just cause for termination of employment. No salary warrants may29 be issued to a staff member, unless a valid certificate for the role to which the teacher has been30 assigned has been registered with the county superintendent within sixty (60) calendar days after31 a term of service begins. Every teacher and administrator under contract must bring their current,32 valid certificate to the personnel office at the time of initial employment, as well as at the time of33 each renewal of certification.

All employees will be required to have a current Montana driver’s license in compliance with42 state law.

Policy History:12

No Child Left Behind Act of 2001 (P.L. 107 110) 37.114.1010, DPHHS Employee of School: Day Care Facility Care Provider

Reviewed on:14 Revised on: 10/15/02, 08/10/04, 02/14/06, 11/09/2010

Legal Reference: § 20-4-202, MCA Teacher and specialist certification registration5 § 39 29 102, MCA Point preference or alternative preference in initial6 hiring for certain applicants substantially equivalent selection procedure

Adopted on: 09/15/9913

Lame Deer Public Schools

512143

Applicability of Personnel Policies

Legal Reference: § 39 31 102, MCA Chapter not limit on legislative authority

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PERSONNEL

Except where expressly provided to the contrary, personnel policies apply uniformly to the7 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.

Policy History:19

Board policies will govern when a matter is not specifically provided for in an applicable collective bargaining agreement.

16151413

Adopted on: 01/11/0620

Reviewed on: 11/09/201021 Revised on:22

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The Lame Deer Board of Trustees will not hire any job applicant who has engaged in:4342

• Substitute teachers.*2928

Lame Deer Public Schools

Any requirement of an applicant to submit to a fingerprint background check will be in30 compliance with the Volunteers for Children Act of 1998 and applicable federal regulations. If31 an applicant has any prior record of arrest or conviction by any local, state, or federal law32 enforcement agency for an offense other than a minor traffic violation, the facts must be33 reviewed by the Superintendent, who will decide whether the applicant will be declared eligible34 for appointment or employment. Arrests resolved without conviction will not be considered in35 the hiring process, unless the charges are pending.3736

A. sexual contact, as defined in 45 2 101(61), MCA, or sexual intercourse as defined in44 45 2 101(61), MCA, with a person the applicant knows or reasonably should know is a45 student at a public or private elementary or secondary school;46

*The requirement to fingerprint non licensed substitutes may be waived in whole or in part by38 the trustees, if the substitute has previous teaching or substitute teaching experience in an39 accredited public school in Montana prior to November 28, 2002.4140

Fingerprints and Criminal Background Investigations

The following applicants for employment, as a condition for employment, will be required, as a17 condition of any offer of employment, to authorize, in writing, a name based and fingerprint18 criminal background investigation:

• A certified teacher seeking full or part time employment with the District;21

• An employee of a person or firm holding a contract with the District, if the employee is24 assigned to the District;25

• A volunteer assigned to work in the District, who has regular unsupervised access to26 students; and27

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21 PERSONNEL 51223 Page 1 of 34

• An educational support personnel employee seeking full or part time employment with22 the District;23

Board policy requires that any finalist recommended to be employed in a paid or volunteer7 position with the District, involving regular unsupervised access to students in schools, as8 determined by the Superintendent, shall submit to a name based and fingerprint criminal9 background investigation conducted by the appropriate law enforcement agency before10 consideration of the recommendation for employment or appointment by the Board. The results11 of the name based check will be presented to the Board, concurrent with the recommendation for12 employment or appointment. Any subsequent offer of employment or appointment will be13 contingent on results of the fingerprint criminal background check, which must be acceptable to14 the Board, in its sole discretion.

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a. submission to the conduct is explicitly or implicitly made a term or condition28 of education,29

b. submission to or the rejection of the conduct is used as the basis for an30 educational decision affecting the individual, and/or31

c. the conduct has the purpose or effect of unreasonably interfering with school32 performance or crating an intimidating, hostile or offensive learning environment.

3635

4. 45 5 505. MCA (deviate sexual conduct), if the conduct was either non9 consensual or involved a person the applicant knows or reasonably should know10 as a student at a public or private elementary or secondary school;11

➢ Any felony;37

10. 45 8 201, MCA (obscenity);17

11. 45 8 202, MCA (public display of offensive material), and;18

4645444342

➢ Any misdemeanor involving domestic abuse, child endangerment, contributing to the38 delinquency of a minor, or first offense possession of illegal drugs or drug paraphernalia;39

3. 45 5 504, MCA (indecent exposure);8

1. 45 2 202, MCA (sexual assault);6

3433

7. 45-5-623, MCA (endangering the welfare of children);14

8. 45 5 623, MCA (unlawful transactions with children);15

➢ Driving offense involving alcohol if applying for a bus driving position or any other40 position that requires driving of district owned vehicles during the five year period prior41 to the closing date of any position.

In addition to the above offenses, no person will be hired if they have been convicted of:

2. 45 5 503, MCA (sexual intercourse without consent);7

9. 45 5 625, MCA (sexual abuse of children);16

6. 45 5 601, 45 5 602, or 45 5 603, MCA (offenses involving prostitution);13

B. conduct, whether resulting in the filing of criminal charges or not, which would4 constitute an offense under any of the following statutes of this state;5

5. 45 5 507, MCA (incest)12

(4) Occurrences related to ARM 24.9.1003(9), (sexual harassment), defined as24 “unwelcome sexual advances, request for sexual favors, and other verbal and25 physical conduct of a sexual nature” when:

12. any statute in Title 45, Chapter 9, Part 1, MCA (dangerous drugs), provided that a19 first offense under 45 9 102(2), MCA shall not fall within this definition; (3) one20 or more convictions for violation of any of the criminal laws of this state if the21 conviction(s) demonstrate, in the sole judgment of the Board, that the applicant is22 unwilling or unable to conform his/her conduct to the requirements of the law.23

Reviewed on:18

Legal Reference: § 44-5-301, MCA Dissemination of public criminal justice information

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Public Law 105-251, Volunteers for Children Act

Policy History:16

Adopted on: 12/14/9817

ARM 10.55.716 Substitute Teachers

§ 44 5 302, MCA Dissemination of criminal history record information that is not public criminal justice information

Revised on: 09/15/99, 05/09/00, 12/04/01, 05/13/03, 03/09/04, 11/09/201019

§ 44 5 303, MCA Dissemination of confidential criminal justice information procedure for dissemination through court

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4746

1514

5049

3. Provide a certification that you (a) have not been convicted of a crime, (b) are not under indictment for34 a crime, or (c) have been convicted of a crime. If you are under indictment or have been convicted of35 a crime, you must describe the crime and the particulars of the conviction, if any.

Pursuant to the VCA, the district (a) to which you have applied for employment or to serve as a volunteer, or16 (b) by which you are employed or serve as a volunteer requests a background check. Your rights and17 responsibilities under the VCA are as follows:

3332

You have applied for employment with, will be working in a volunteer position with, or will be providing6 vendor or contractor services to Lame Deer School District (the District) for the position of (please be specific)

The National Child Protection Act of 1993 (NCPA), Public Law (Pub. L.) 103 209, as amended by the10 Volunteers for Children Act (VCA), Pub. L. 105 251 (Sections 221 and 222 of Crime Identification11 Technology Act of 1998), codified at 42 United States Code (U.S.C.) Sections 5119a and 5119c, authorizes a12 state and national criminal history background check to determine the fitness of an employee, or volunteer, or a13 person with unsupervised access to children, the elderly, or individuals with disabilities.

3736

2. Provide your name, address, and date of birth, as appears on a document made or issued by or under27 the authority of the United States Government, a State, political subdivision of a State, a foreign28 government, a political subdivision of a foreign government, an international governmental or an29 international quasi governmental organization which, when completed with information concerning a30 particular individual, is of a type intended or commonly accepted for the purpose of identification of31 individuals. 18 U.S.C. §1028(D)(2).

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4. You are entitled to (a) obtain a copy of the background check report and (b) challenge the accuracy38 and completeness of any information contained in any such report and obtain a prompt determination39 as to the validity of such challenge before a final determination is made by the state government40 agency performing the background check. If district policy permits, its officials may provide you with41 a copy of your FBI criminal history record for review and possible challenge. If the district policy42 does not permit it to provide you a copy of the record, you may obtain a copy of the record by43 submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at44 http://www.fbi.gov/about us/cjis/background checks or by contacting Montana Criminal Records and45 Identification Services at PO Box 201403, Helena MT 59620. 28 CFR, 16.30 through 16.34.

5. Prior to the completion of the background check, the district may choose to deny you unsupervised48 access to a person to whom the district provides care.

The Superintendent shall access and review State and Federal criminal history records and shall make51 reasonable efforts to make a determination whether you have been convicted of, or are under pending52 indictment for, a crime that bears upon your fitness and shall convey that determination to the Board of53 Trustees. The district shall make reasonable efforts to respond to the inquiry within 15 business days.

565554

1. Provide a set of fingerprints. These fingerprints will be used to conduct a search of FBI criminal20 history records. The district conducting this background check may use the resulting record only for21 the authorized purpose(s) and will not retain or disseminate it in violation of federal statute,22 regulation, or executive order, or rule, procedure, or standard established by the National Crime23 Prevention and Privacy Compact Council. 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616,24 Article IV(c); 28 CFR 20.21(c), 20.33(d) and 906.2(d).

To Whom It May Concern:

APPLICATION AND NOTICE PURSUANT TO THE NATIONAL CHILD PROTECTION ACT OF1 1993 AS AMENDED BY THE VOLUNTEERS FOR CHILDREN ACT 5122F

I have been provided with a copy of this form. I have read and understood the foregoing and my certification23 is true and correct to the best of my knowledge and belief.

Your signature below acknowledges this entity has informed you of your privacy rights for20 fingerprint based background check requests used by the entity for non criminal justice purposes.2221



City State Zip

27262524

191817

________________________________54

Address: _____________________________6 Street Apt.

121110

First Middle Maiden Last

I have been convicted of, or am under pending indictment for, the following crimes [include the dates, location/jurisdiction, circumstances and outcome]:

Date of Birth:

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

I have not been convicted of, nor am I under pending indictment for, any crimes.

Date Signature of Applicant2928

987

Individual named below is a potential employee for Lame Deer Public Schools

LAME DEER PUBLIC SCHOOL SCHOOL DISTRICT #6 LAME DEER, MONTANA 59043

Technical Disposition to Was guilty Inclusive Max. Name of Date include sentence entered in date(s) of penalty Offense for of (also list charge court records civil custody Which tried Offense amended or reduced (jail time) To a lesser charge) there Remarks and recommendation (include ability to work w/others, character, family background, etc.)*please use back of page.

Have all fines and/or restitutions been paid? _____Yes _____No _____NA

DATE BY

INFORMATION PROVIDED

I request that you release all information concerning my adult record.

COURT:_____________________

Social Security # Signature of Applicant

any pending action? _____ Yes _____No

Probation Officer and/or Court Records Report

NAME: DATE OF BIRTH: AsADDRESS:requiredby school board policies, the District shall conduct background investigations on prospective employees. Please include information on any charge(s), or adjudication(s). Thank you for your assistance in this matter.

RETURN TO: District Clerk School District #6 P.O. Box 96 Lame Deer, Montana 59043

Physical Examinations

1918

Staff Health

The District participates in a Pre Placement Physical Program for all custodial and maintenance20 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.

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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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 school nurse or other40 responsible person designated by the Board must determine, after consultation with and on the41 advice of public health officials, if the immune compromised person needs appropriate accommodation to protect their health and safety.

4443

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.

An employee with a communicable disease shall not report to work during the period of time in which the employee is infectious. An employee afflicted with a communicable disease capable of

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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.

Medical Examinations

Communicable Diseases

3433

Policy History:35

109

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.

Legal Reference: 29 U.S.C. 794, Section 504 of the Rehabilitation Act25 42 U.S.C. 12101, et seq. Americans with Disabilities Act26 29 CFR, Section 1630.14(c)(1)(2)(3) Examination of employees27

Title 49, Chapter 4, MCA Rights of Persons With Disabilities29 § 20 10 103(4), MCA School bus driver qualifications30 ARM 37.114.1010

24232221

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Title 49, Chapter 2, MCA Illegal Discrimination28

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.

Confidentiality

Reviewed on: 11/09/201037 Revised on: 12/04/01, 08/14/0738

Employee of School: Day Care31 Facility Care Provider32 ARM 37.111.825 Health Supervision and Maintenance

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.

Adopted on: 12/14/9836

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Legal Reference: § 39 2 904, MCA Elements of wrongful discharge presumptive34 probationary period

Classified Employment and Assignment

Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999)

Hunter v. City of Great Falls (2002), 2002 MT 33136

2625

Policy History:42 Adopted on: 9/15/99

Each classified employee will be employed under a written contract of a specified term, of a7 beginning and ending date, within the meaning of § 39 2 912, MCA, after the employee has8 satisfied the requisite probationary period of ninety (90) days Should the employee satisfy the9 probationary period, such employee shall have no expectation of continued employment beyond10 the current contract term

Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989)

333231

Scott v. Eagle Watch Inv., Inc., 251 Mont. 191, 828 P.2d 1346 (1991)39

514043

To be considered for employment, all individuals, except paraprofessionals, applying for a16 classified position must submit a copy of their high school diploma/G.E.D. Paraprofessionals17 must submit a copy of college diploma or transcripts verifying at least two (2) years of college18 classes. Fees for background checks must be paid at the time the application is submitted to the19 personnel office.

Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981)

As a condition of employment, all classified employees will be required to have a current27 Montana driver’s license. Employees who have already been hired will have thirty (30) days28 from the date of the signing of the employment contract to acquire their driver’s license. Failure29 to obtain or the loss of a current Montana driver’s license will result in dismissal from30 employment with the District.

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Lame Deer Public Schools

2120

Reviewed on:44 Revised on: 10/04/01, 06/11/02, 08/10/04, 11/12/04, 10/11/05, 12/12/06, 11/09/2010

The District reserves the right to change employment conditions affecting an employee’s duties,13 assignment, supervisor, or grade.

PERSONNEL

4140

The Board will determine salary and wages for classified personnel.

An individual applying to serve as a substitute teacher must submit a copy of their high school22 diploma/G.E.D. to be considered.

Legal Reference: Bonner School District No. 14 v. Bonner Education Association, MEA32 MFT, NEA, AFT, AFL CIO, (2008) 2008 MT 9

Classified Staff

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Adopted on: 12/14/9836

The District retains the right of assignment, reassignment, and transfer. Written notice of15 reassignment or involuntary transfer will be given to the employee. The staff member will be16 given opportunity to discuss the proposed transfer or reassignment with the Superintendent.

The Superintendent may assign, reassign, and/or transfer positions and duties of all staff.7 Teachers will be assigned at the levels and in the subjects for which 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.

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Teaching

PERSONNEL

Lame Deer Public Schools

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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.

Reviewed on:37 Revised on: 11/09/2010

Policy History:35

521043

Assignments, Reassignments, Transfers

Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be26 found in negotiated agreements. Final placement of any employee will be made by the27 Superintendent.

19181716

Policy History:20

When a certified vacancy exists, the Superintendent will follow the posting of the vacancy as described in the current collective bargaining agreement.

Adopted on: 12/14/9821 Reviewed on: 11/09/201022 Revised on:23

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PERSONNEL

Lame Deer Public Schools

Vacancies

Vacancies may be advertised in District only or they may be advertised in District and through job service, Career Services at a college or university, local public advertising, and, where14 appropriate and if time permits, through a broader regional and/or national basis. A vacancy need not be advertised, as determined by the Superintendent.

When the District determines that a classified vacancy exists, that vacancy may be posted in every school building or, during the summer, outside the office.

1 PERSONNEL 52152 3

Classified Personnel - Supervision of4

Policy History:15

Under the direction of the Superintendent, the direct supervision of work and assignments is9 delegated to appropriate managers. "Manager" is defined as the administrative staff member to10 whom the classified employee has been assigned for work purposes, most typically a principal.

11 12 13 14

The general and overall supervision of classified personnel shall be the duty of the building6 principal.7 8

Lame Deer Public Schools

Adopted on: 12/14/9816

Reviewed on: 11/09/201017

Revised on:18

Policy History:41

PERSONNEL

Work Day

The length of a work day for classified staff is governed by the number of hours for which the16 employee is assigned. A “full time” employee shall be considered to be an eight (8) hour per17 day/forty (40) hour per week employee. The work day is exclusive of lunch but inclusive of18 breaks unless otherwise and specifically provided for by an individual contract. Supervisors will19 establish schedules. Normal office hours in the District will be 7:50 a.m. to 4:00 p.m.

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The current collective bargaining agreement sets forth all conditions pertaining to the certified9 work day, preparation periods, lunches, etc. Arrival time shall generally be as directed by the10 principal or as stipulated in the agreement.

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Breaks

Adopted on: 12/14/9842

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Reviewed on:43 Revised on: 11/09/2010

31302928

Length of Work Day Certified Staff

Schools21

The District may make available daily morning and afternoon rest periods of fifteen (15) minutes24 to all full time, classified employees. Hourly personnel may take one (1) fifteen (15) minute rest25 period for each four (4) hours worked in a day. Breaks normally are to be taken approximately26 mid morning and mid afternoon and should be scheduled in accordance with the flow of work27 and with approval of the employee’s supervisor.

Lame Public

2322

Legal Reference: 29 USC 201 to 219 Fair Labor Standards Act of 198532 29 CFR 516, et seq. Records to be kept by employers33 § 39 3 405, MCA Overtime compensation34 § 39 4 107, MCA State and municipal governments, school35 districts, mines, mills, and smelters 10.65.103(2), ARM Program of Approved Pupil Instruction Related Days 24.16.101, et seq., ARM Wages and Hours

Length of Work Day - Classified Staff

Deer

522143

PERSONNEL

R21

522243

1211

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.

Evaluation of Non-Administrative Staff

19181716

Policy History:20

Adopted on: 12/14/9821

Reviewed on: 11/09/201022 Revised on:23

Lame Deer Public Schools

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.

While on school property, employees shall not injure or threaten to injure another person;19 damage another’s property or that of the District. While in a school building, employees shall20 not use, control, possess or transfer any weapon or any item that could be reasonably considered21 to be a weapon as defined in Policies 3310 and 3311. “School property” means within school22 buildings, in vehicles used for school purposes, or on grounds leased or owned by the school23 district. "School building" means all buildings owned or leased by a local school district that are24 used for instruction or for student activities.

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In accordance with state law, an employee shall not dispense or utilize any information gained27 from employment with the District, accept gifts or benefits, or participate in business enterprises28 or employment that creates a conflict of interest with the faithful and impartial discharge of the29 employee’s District duties. A District employee, before acting in a manner which might impinge30 on any fiduciary duty, may disclose the nature of the private interest which would create a31 conflict. Care should be taken to avoid using or avoid the appearance of using official positions32 and confidential information for personal advantage or gain.3433

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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 maintain13 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 and16 Human Services and the appropriate law enforcement agency.

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Further, employees are expected to hold confidential all information deemed not to be for public35 consumption as determined by state law and Board policy. Employees also will respect the36 confidentiality of people served in the course of an employee’s duties and use information gained37 in a responsible manner. The Board may discipline, up to and including discharge, any38 employee who discloses confidential and/or private information learned during the course of the39 employee’s duties or learned as a result of the employee’s participation in a closed (executive)40 session of the Board. Discretion should be used even within the school system’s own network of41 communication and confidential information should only be communicated on a need to know42 basis.4443

Administrators and supervisors may set forth specific rules and regulations governing staff45 conduct on the job within a particular building.46

School District employees will abide by all district policies, state and federal laws in the course8 of their employment. Where applicable, employees will abide by and honor the professional9 educator code of conduct.

Personal Conduct

§ 45 5 502, MCA Sexual Assault

Policy History:20

Adopted on: 12/14/9821 Reviewed on: 11/09/1022 Revised on: 06/11/02, 2/22/2123

Title 2, Chapter 2, Part 1 Standards of Conduct12

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Cross Reference: Professional Educators of Montana Code of Ethics6 3310 Student Discipline7 3311 Firearms and Weapons8 5232 Abused and Neglected Children

§ 20 1 201, MCA School officers not to act as agents11

§ 45-8-361, MCA Possession or allowing possession of14 a weapon in a school building15

109

§ 39 2 102, MCA What belongs to employer13

§ 45 5 501, MCA Definitions16

Legal Reference:

PERSONNEL

§ 2 18 620, MCA Mandatory leave of absence for employees holding28 public office return requirements29

No person, in or on District property, may attempt to coerce, command, or require a public14 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.

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Policy History:32 Adopted on: 12/14/9833 Reviewed on: 11/09/201034 Revised on:35

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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 § 2 18 620, MCA.

Nothing in this policy is intended to restrict the right of District employees to express their22 personal political views.

§ 13 35 226, MCA Unlawful acts of employers and employees

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.

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Political Activity

Lame Deer Public Schools

Legal Reference: 5 USC 7321, et seq. Hatch Act27

Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

Reviewed on: 11/09/201024 Revised on:25

PERSONNEL

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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.

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Legal Reference: 49 U.S.C. § 45101, Alcohol and Controlled Substances Testing (Omnibus16 Transportation Employee Testing Act of 1991)17

Adopted on: 12/14/9823

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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)

Policy History:22

The District will adhere to federal law and regulations requiring a drug and alcohol testing7 program for school bus and commercial vehicle drivers.

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Post Accident Tests

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Tests shall be conducted before the first time a driver performs any safety sensitive function for18 the District.

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Testing procedures and facilities used for the tests shall conform with the requirements of the13 Code of Federal Regulations, Title 49, §§ 40, et seq.

Other persons who drive vehicles designed to transport sixteen (16) or more passengers,10 including the driver, are likewise subject to the drug and alcohol testing program.

School bus and commercial vehicle drivers shall be subject to a drug and alcohol testing program that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382.

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The tests shall be required of an applicant only after he/she has been offered the position.

Safety sensitive functions include all on duty functions performed from the time a driver begins21 work or is required to be ready to work, until he/she is relieved from work and all responsibility22 for performing work. It includes driving; waiting to be dispatched; inspecting and servicing23 equipment; supervising, performing, or assisting in loading and unloading; repairing or obtaining24 and waiting for help with a disabled vehicle; performing driver requirements related to accidents;25 and performing any other work for the District or paid work for any entity.

Exceptions may be made for drivers who have had the alcohol test required by law within the30 previous six (6) months and participated in the drug testing program required by law within the31 previous thirty (30) days, provided that the District has been able to make all verifications32 required by law.

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Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

Drivers shall make themselves readily available for testing, absent the need for immediate46 5228P 2 of 5 medical attention.

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1. Who was performing safety sensitive functions with respect to the vehicle, if the accident40 involved loss of human life; or4241

Pre Employment Tests

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2. Who receives a citation under state or local law, for a moving traffic violation arising43 from the accident.

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Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable37 on any driver:3938

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Tests conducted by authorized federal, state, or local officials will fulfill post accident testing9 requirements, provided they conform to applicable legal requirements and are obtained by the10 District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled11 substance testing obligations.

A supervisor or District official who makes observations leading to a controlled substance40 reasonable suspicion test shall make a written record of his/her observations within twenty four41 5228P42 page 3 of 5

Enforcement

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Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for16 alcohol shall be conducted just before, during, or just after the performance of safety sensitive17 functions. The number of random alcohol tests annually must equal twenty five percent (25%)18 of the average number of driver positions. The number of random drug tests annually must equal19 fifty percent (50%) of the average number of driver positions. Drivers shall be selected by a20 scientifically valid random process, and each driver shall have an equal chance of being tested21 each time selections are made.

Alcohol tests are authorized for reasonable suspicion only if the required observations are made32 during, just before, or just after the period of the work day when the driver must comply with33 alcohol prohibitions. An alcohol test may not be conducted by the person who determines that34 reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within35 two (2) hours of a determination of reasonable suspicion, the District shall prepare and maintain36 a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate37 after eight (8) hours.

Reasonable Suspicion Tests

If an alcohol test is not administered within two (2) hours or if a drug test is not administered4 within thirty-two (32) hours, the District shall prepare and maintain records explaining why the5 test was not conducted. Tests will not be given if not administered within eight (8) hours after6 the accident for alcohol or within thirty two (32) hours for drugs.

(24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier.

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No such driver shall use alcohol for eight (8) hours after the accident, or until after he/she1 undergoes a post accident alcohol test, whichever occurs first.

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Random Tests

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Any driver who refuses to submit to a post accident, random, reasonable suspicion, or follow up test shall not perform or continue to perform safety sensitive functions.

Tests shall be conducted when a supervisor or District official trained in accordance with law has26 reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions. This27 reasonable suspicion must be based on specific, contemporaneous, articulable observations28 concerning the driver’s appearance, behavior, speech, or body odors. The observations may29 include indications of the chronic and withdrawal effects of controlled substances.

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Employees whose conduct involved drugs cannot return to duty in a safety sensitive function24 until the return to duty drug test produces a verified negative result.

Records

4948 Notifications5150

Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in accordance with law. Upon written request, a driver shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.

Drivers who test positive for alcohol or drugs shall be subject to disciplinary action up to and2 including dismissal.

A driver who violates the District’s drug or alcohol prohibition and is subsequently identified by33 a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall34 be subject to unannounced follow up testing as directed by the substance abuse professional in35 accordance with law. Follow up alcohol testing shall be conducted just before, during, or just36 5228P37 page 4 of 5

Employees whose conduct involved alcohol cannot return to duty in a safety sensitive function27 until the return to duty alcohol test produces a verified result that meets federal and District28 standards.

An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated14 by a substance abuse professional to determine that he/she has properly followed the prescribed15 rehabilitation program and shall be subject to unannounced follow up tests after returning to16 duty.

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after the time when the driver is performing safety sensitive functions.

A drug or alcohol test shall be conducted when a driver who has violated the District’s drug or21 alcohol prohibition returns to performing safety sensitive duties.

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Return to Duty Tests

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A driver who violates District prohibitions related to drugs and alcohol shall receive from the5 District the names, addresses, and telephone numbers of substance abuse professionals and6 counseling and treatment programs available to evaluate and resolve drug and alcohol related7 problems. The employee shall be evaluated by a substance abuse professional who shall8 determine what help, if any, the driver needs in resolving such a problem. Any substance abuse9 professional who determines that a driver needs assistance shall not refer the driver to a private10 practice, person, or organization in which he/she has a financial interest, except under11 circumstances allowed by law.

Follow Up Tests

2019

11. Information concerning the effects of drugs and alcohol on an individual’s health, work,39 and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a40 coworker’s); and available methods of intervening when a drug or alcohol problem is41 suspected, including confrontation, referral to an employee assistance program, and/or42 referral to management.

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8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the26 attendant consequences;2827

5. The circumstances under which a driver will be tested for drugs and/or alcohol under Part16 382;1817

4. Specific information concerning driver conduct that is prohibited by Part 382;

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Drivers shall also receive information about legal requirements, District policies, and45 disciplinary consequences related to the use of alcohol and drugs.

6. The procedures that will be used to test for the presence of drugs and alcohol, protect the19 driver and the integrity of the testing processes, safeguard the validity of test results, and20 ensure that test results are attributed to the correct driver;2221

9. The consequences for drivers found to have violated the drug and alcohol prohibitions of29 Part 382, including the requirement that the driver be removed immediately from safety30 sensitive functions and the procedures for referral, evaluation, and treatment;3231 5228P33 page 5 of 53534

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2. The categories of drivers who are subject to the Code of Federal Regulations, Title 49,8 Part 382;

1. The person designated by the District to answer driver questions about the materials;

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3. Sufficient information about the safety sensitive functions performed by drivers to make11 clear what period of the work day the driver is required to comply with Part 382;

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10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater36 but less than 0.04; and3837

Each driver shall sign a statement certifying that he/she has received a copy of the above48 materials.

Before any driver operates a commercial motor vehicle, the District shall provide him/her with

5049

7. The requirement that a driver submit to drug and alcohol tests administered in accordance23 with Part 382;2524

Each driver shall receive educational materials that explain the requirements of the Code of1 Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and2 regulations for meeting these requirements. Representatives of employee organizations shall be3 notified of the availability of this information. The information shall identify:

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Drivers shall inform their supervisors if at any time they are using a controlled substance which16 their physician has prescribed for therapeutic purposes. Such a substance may be used only if17 the physician has advised the driver that it will not adversely affect his/her ability to safely18 operate a commercial motor vehicle.

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Reviewed on: 11/09/201025 Revised on:26

Promulgated on: 12/14/9824

Procedure History:23

The District shall notify a driver of the results of random, reasonable suspicion, and post12 accident drug tests if the test results are verified positive. The District shall also tell the driver13 which controlled substance(s) were verified as positive.

post accident procedures that will make it possible to comply with post accident testing1 requirements.

The District shall notify a driver of the results of a pre employment drug test if the driver8 requests such results within sixty (60) calendar days of being notified of the disposition of his/9 her employment application.

Before drug and alcohol tests are performed, the District shall inform drivers that the tests are4 given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be5 provided only after the compliance date specified in law.

22212019

PERSONNEL

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Gun Policy

An employee commits the offense of assault with a weapon if he or she purposely or knowingly14 causes:

Lame Deer Public Schools

a. Bodily injury to another with a weapon.17

An employee found guilty of assault with a weapon will be brought before the Board of Trustees21 with a recommendation for termination of employment.

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Employees who willfully shoot a firearm on school property will be brought before the Board of7 Trustees with a recommendation for termination of employment. School property includes all8 campuses and housing areas. The board of trustees may authorize the presence of a firearm for9 specific purposes in accordance with Policy 1705.

Assault with a Weapon

Policy History:25 Adopted on: 03/08/0526 Reviewed on:27 Revised on: 11/09/2010, 1/10/2228

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b. Reasonable apprehension of serious bodily injury to another by use of a weapon or18 what reasonably appears to be a weapon.

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Lame Deer Public Schools

All District personnel will be advised of routine procedures to follow in handling body fluids.7 These procedures, developed in consultation with public health and medical personnel, will8 provide simple and effective precautions against transmission of diseases to persons exposed to9 the blood or body fluids of another. The procedures will follow standard health and safety10 practices. No distinction will be made between body fluids from individuals with a known11 disease or infection and from individuals without symptoms or with an undiagnosed disease.

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Adopted on: 12/14/9823 Reviewed on: 11/09/201024 Revised on:25

523043

In addition to insuring that these health and safety procedures are carried out on a District wide17 basis, special emphasis shall be placed on those areas of school district operation that present a18 greater need for these precautions.

The District will provide training on procedures on a regular basis. Appropriate supplies will be14 available to all personnel, including those involved in transportation and custodial services.

Policy History:22

Prevention of Disease Transmission

PERSONNEL

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Cross Reference: 4340 Public Access to District Records2120

Lame Deer Public Schools

Personnel Records

523143

PERSONNEL

In accordance with federal law, the District shall release information regarding the professional12 qualifications and degrees of teachers and the qualifications of paraprofessionals to parents upon13 request, for any teacher or paraprofessional who is employed by a school receiving Title I funds,14 and who provides instruction to their child at that school. Access to other information contained15 in the personnel records of District employees is governed by Policy 4340.

19181716

Legal Reference: 10.55.701, ARM Board of Trustees22 No Child Left Behind Act of 2001, P.L. 107 3342423

Policy History:25 Adopted on: 12/14/9826 Reviewed on: 11/09/201027 Revised on: 10/15/02, 1/10/2228

The District maintains a complete personnel record for every current and former employee. The7 employees’ personnel records will be maintained in the District’s administrative office, under the8 Superintendent’s direct supervision. Employees will be given access to their personnel records,9 in accordance with guidelines developed by the Superintendent.1110

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B. Employee’s home address, including zip code;

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Record-Keeping Requirements Under the Fair Labor Standards Act

1. Records required for ALL employees:

3938

E. Time of day and day of week on which the employee’s workweek begins;

A personnel file may contain but is not limited to transcripts from colleges or universities,14 information allowed by statute, a record of previous employment (other than college placement15 papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and16 copies of letters of recommendation requested by an employee. All material in the personnel file17 must be related to the employee’s work, position, salary, or employment status in the District.18 All documents, communications, and records dealing with the processing of a grievance shall be19 filed separately from the personnel files of the participants.

Deer Public Schools21 PERSONNEL 5231P3 page 1 of 24

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A. Name in full (same name as used for Social Security);42

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If the employee refuses to sign the document indicating that the employee has had an opportunity27 to read it, the Superintendent will place an addendum to the document, noting that the employee28 was given a copy but refused to sign. The Superintendent will date and sign the addendum.

No material derogatory to an employee’s conduct, service, character, or personality shall be22 placed in the file, unless such placement is authorized by the Superintendent, as indicated by the23 Superintendent’s initials, and unless the employee has had adequate opportunity to read the24 material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the25 employee’s initials or signature verifying that the employee has received a copy of the material.26

An employee, upon termination, may request transcripts of college and university work. Any33 confidential college or university placement papers shall be returned to the sender or destroyed at34 the time of employment. All other documents shall be retained and safeguarded by the District35 for such periods as prescribed by law.

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Contents of Personnel Files

D. Sex (may be indicated with Male/Female, M/F, Mr./Mrs./Miss/Ms.);

Disposition of Personnel Files

Personnel Records

C. Date of birth if under the age of nineteen (19);

The District shall maintain a cumulative personnel file in the administrative office for each of its7 employees, as required by the Office of Public Instruction and current personnel policies. These8 records are not to leave the administrative office except as specifically authorized by the9 Superintendent, and then only by signed receipt. Payroll records are maintained separately.

F. Date of payment and the pay period covered;16

E. Total overtime premium pay for a workweek;15

G. Total deductions from or additions to wages each pay period;17

L. The collective bargaining agreements which discuss compensatory time, or24 written understandings with individual non union employees.2625

31302928

H. Itemization of dates, amounts, and reason for the deduction or addition,18 maintained on an individual basis for each employee;19

G. Any payment made which is not counted as part of the “regular rate”;5

Procedure History:36

I. Number of hours of compensatory time earned each pay period;20

C. Hours worked in any workweek (or work period in case of 207[k]);12

K. Number of hours of compensatory time compensated in cash, the total amount22 paid, and the dates of such payments;23

A. Regular hourly rate of pay during any week when overtime is worked;10

D. Total daily or weekly straight time earnings (including payment for hours in13 excess of forty (40) per week but excluding premium pay for overtime);14

All records obtained in the application and hiring process shall be maintained for at least two (2)27 years.

Promulgated on: 12/14/9837

H. Total wages paid each pay period.

Legal Reference: 29 USC 201, et seq. Fair Labor Standards Act32 §§ 2 6 101, et seq., MCA Public Records Generally33 24.9.805, ARM Employment Records

B. Hours worked in any workday (consecutive twenty four (24) hour period);11

F. Basis on which wages are paid (such as $5/hour, $200/week, etc.);4

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J. Number of hours of compensatory time used each pay period;21

2. Additional records required for non exempt employees:98

Reviewed on: 11/09/201038 Revised on:39

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Abused and Neglected Child Reporting

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Legal Reference: § 41-3-201, MCA Reports26 § 41 3 202, MCA Action on reporting27 § 41 3 203, MCA Immunity from liability28 § 41 3 205, MCA Confidentiality disclosure exceptions29 § 41 3 207, MCA Penalty for failure to report

Any District employee who fails to report a suspected case of abuse or neglect to the Department14 of Public Health and Human Services, or who prevents another person from doing so, may be15 civilly liable for damages proximately caused by such failure or prevention and is guilty of a16 misdemeanor. The employee will also be subject to disciplinary action up to and including17 termination.1918

When a District employee makes a report, the DPHHS may share information with that20 individual or others as stated in 41 3 201(5). Individuals who receive information pursuant to21 the above named subsection (5) shall maintain the confidentiality of the information as required22 in 41 3 205.

523243

A District employee who has reasonable cause to suspect, as a result of information they receive7 in their professional or official capacity, that a child is abused or neglected by anyone regardless8 of whether the person suspected of causing the abuse or neglect is a parent or other person9 responsible for the child's welfare, they shall report the matter promptly to the department of10 public health and human services. An employee does not discharge the obligation to personally11 report by notifying the Superintendent or principal.

Policy History:32 Adopted on: 12/14/9833 Reviewed on: 11/09/201034 Revised on: 09/14/1635

______________________________________________________________________________3736

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Lame Deer School District5 Report of Suspected Child Abuse or Neglect6 Hot Line Number 866 820 5437

Persons contacted: □ Principal □ Teacher □ School Nurse □ Other ______________

Any suspicion of injury/neglect to other family members: ______________________________3231

Nature and extent of the child’s injuries, including any evidence of previous injuries, and any33 other information which may be helpful in showing abuse or neglect, including all acts which34 lead you to believe the child has been abused or neglected: ______________________________35

Mother: Address: Phone: __________2726 Guardian or28 Stepparent: Address: Phone: __________3029

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Lame Deer Public Schools

Date of Report: Attendance Pattern: _______________________________2322

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From: Title: ______________________________ School: Phone: _____________________________

Father: Address: Phone: __________2524

Original to: Department of Public Health and Human Services9 Copy to: Building Principal

Previous action taken, if any: _____________________________________________________

Follow up by Department of Public Health and Human Services (DPHHS to complete and return42 copy to the Building Principal):4443

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Name of Minor: Date of Birth: __________________1918 Address: Phone: _______________________2120

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Date Received: Date of Investigation: ________________45

PERSONNEL

Each employee is expected to follow established rules of conduct, policies, and practices.18 Should an employee disagree with a policy or practice, the employee can express his or her19 disagreement through the District’s grievance procedure. No employee shall be penalized,20 formally or informally, for voicing a disagreement with the District in a reasonable, businesslike21 manner or for using the grievance procedure. An employee filing a grievance under a22 collective bargaining agreement is required to follow the grievance procedure for that23 particular agreement.

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Schools R21

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Policy History:30 Adopted on: 12/14/9831 Reviewed on: 11/09/201032 Revised on:33

PERSONNEL

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As circumstances allow, the District will attempt to provide the best working conditions for its7 employees. Part of this commitment is encouraging an open and frank atmosphere in which any8 problem, complaint, suggestion, or question is answered quickly and accurately by District9 supervisors or administration.

The District will endeavor to promote fair and honest treatment of all employees. Administrators12 and employees are all expected to treat each other with mutual respect. Each employee has the13 right to express his or her views concerning policies or practices to the administration in a14 businesslike manner, without fear of retaliation. Employees are encouraged to offer positive and15 constructive criticism.

Cross Reference: 1700 Uniform Complaint Procedure

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Resolution of Staff Complaints/Problem-Solving

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Policy History:20 Adopted on: 12/09/0321 Reviewed on: 11/09/201022 Revised on: 1/10/2223

Non-Renewal of Employment/Dismissal From Employment

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Deer Public Schools21 PERSONNEL 525043

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The Board, after receiving the recommendations of the Superintendent, will determine the non7 renewal or termination of certified and classified staff, in conformity with state statutes,8 collective bargaining agreement, and applicable District policy.

§ 20 4 206, MCA Notification of nontenure teacher reelection16 acceptance termination.17

§ 20 4 207, MCA Dismissal of teacher under contract

Cross Reference: 5140 Classified Employment and Assignment

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Legal Reference: § 20 4 204, MCA Termination of tenure teacher services15

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The Board authorizes the Superintendent to accept on its behalf resignations from any District7 employee. All resignations shall be in writing. The Superintendent shall provide written8 acceptance of the resignation, including the date of acceptance, to the employee, setting forth the9 effective date of the resignation.

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525143

Once the Superintendent has accepted the resignation, it may not be withdrawn by the employee.12 The immediate supervisor shall be informed in writing of the resignation. The resignation and its13 acceptance should be reported as information to the Personnel Committee and the Board of14 Trustees at the next regular or special meetings.

Legal Reference: Booth v. Argenbright, 225 M 272, 731 P.2d 1318, 44 St. Rep. 227 (1987)2019

PERSONNEL

Policy History:21 Adopted on: 12/14/9822 Reviewed on:23 Revised on: 11/09/2010, 1/10/2224

Resignations

Part time employees who are employed for less than 960 hours in a fiscal year may elect PERS23 coverage, at their option and in accordance with § 19 3 412, MCA.

Retirement Programs for Employees

The District will contribute to the PERS whenever a classified employee is employed for more21 than the equivalent of one hundred twenty (120) full days (960 hours) in any one (1) fiscal year.22

Policy History:32 Adopted on: 12/14/9833 Reviewed on:34 Revised on: 11/09/201035

2019

The relevant and most current negotiated agreements for all categories of employees shall18 specify severance stipends and other retirement conditions and benefits.

PERSONNEL

Those employees intending to retire, who are not contractually obligated to complete the school14 year, should notify the Superintendent as early as possible and no less than sixty (60) days before15 their retirement date.

Certified employees who intend to retire at the end of the current school year should notify the11 Superintendent in writing prior to April 1 of that year.

Title 19, Chapter 3, MCA Public Employees’ Retirement System29

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Title 19, Chapter 20, MCA Teachers’ Retirement

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All District employees shall participate in retirement programs under the Federal Social Security7 Act and either the Teachers’ Retirement System or the Public Employees’ Retirement System in8 accordance with state retirement regulations.

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Legal Reference: Title 19, Chapter 1, MCA Social Security28

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Schools21 PERSONNEL 525443

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It is also the policy of this District to not pay the outstanding interest due on the employer’s22 contributions for the previous service.

A Public Employees’ Retirement System (PERS) member may purchase: (1) all or a portion of the member’s employment with an employer prior to the time the employer entered into a8 contract for PERS coverage; and (2) all or a portion of the member’s employment for which9 optional PERS membership was declined (both of which are known as previous service).

This policy will be applied indiscriminately to all employees and former employees of this25 District.

Legal Reference: § 19 3 505, MCA Purchase of previous employment with employer3130

The member must file a written application with the PERS Board to purchase all or a portion of the employment for service credit and membership service. The application must include salary information certified by the member’s employer or former employer.

Policy History:32 Adopted on: 11/09/201033 Reviewed on:34 Revised on:35

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It is the policy of this District to not pay the employer’s contributions due on previous service.

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Payment of Employer Contributions and Interest on Previous Service

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The District has the option to pay, or not to pay, the employer’s contributions due on previous16 service and the option to pay, or not to pay, the outstanding interest due on the employer’s17 contributions for the previous service.

not pay the outstanding interest due on the employer's contributions for the previous service.

pay the outstanding interest due on the employer's contributions for the employee's purchase of workers' compensation time.

NAME OF EMPLOYERSignatureof Officer: Printed Name: Title of Officer: Dated: ____________________, 20___.

A PERS member may purchase time during which the member is absent from service because of an employment related injury entitling the member to workers' compensation payments. PERS employers are required to pay employer contributions and must establish a policy for the payment of interest on employer contributions due for the workers' compensation time being purchased by an employee. The policy regarding payment of interest must be applied to all employees similarly situated. Thus, it is our policy to:not

and to:

not pay the employer's contributions due on previous service.

II. Section 19 3 504, MCA Payment of Interest on Employer Contributions for Workers' Compensation Time

Employer Payment Policy

5254F

A Public Employees' Retirement System (PERS) member may purchase (1) all or a portion of the member's employment with an employer prior to the time the employer entered into a contract for PERS coverage and (2) all or a portion of the member's employment for which optional PERS membership was declined (both of which are known as previous service). PERS employers must establish policies regarding payment of employer contributions and employer interest due for the previous service being purchased by an employee. The policy must be applied indiscriminately to all employees and former employees. Thus, it is our policy to:

I. Section 19 3 505, MCA Payment of Employer Contributions and Interest on Previous Service

Lame Deer Public Schools

PERSONNEL

The Superintendent is authorized to immediately place an employee on administrative leave with20 pay

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Disciplinary Action

District employees who fail to fulfill their job responsibilities or to follow reasonable directions7 of their supervisors, or who conduct themselves on or off the job in ways that affect their8 effectiveness on the job, may be subject to discipline. Behavior, conduct, or action that may call9 for disciplinary action or dismissal includes but is not limited to reasonable job related grounds10 based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or11 other legitimate reasons.

Legal Reference: § 20 3 210, MCA Controversy appeals and hearings25 § 20-3-324, MCA Powers and duties26 § 20 4 207, MCA Dismissal of teacher under contract27 § 39 2 903, MCA Definitions28

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Adopted on: 12/14/9832

Reviewed on: 11/09/201033 Revised on: 1/10/2234

Discipline will be reasonably appropriate to the circumstance and will include but not be limited14 to a supervisor’s right to reprimand an employee and the Superintendent’s right to suspend an15 employee, without pay, or to impose other appropriate disciplinary sanctions in accordance with16 District Policy and the collective bargaining agreement. In accordance with Montana law, only17 the Board may terminate an employee or non renew employment.

1918

Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.

Policy History:31

Lame Deer Public Schools

The Board has exclusive authority to determine the appropriate number of employees. A7 reduction in certified employees may occur as a result of but not be limited to changes in the8 education program, staff realignment, changes in the size or nature of the student population,9 financial considerations, or other reasons deemed relevant by the Board.

Reduction in Force

The Board shall consider performance evaluations, staff needs, and other reasons deemed17 relevant by the Board, in order to determine the order of dismissal if it reduces classified staff or18 discontinues some type of educational service.

525643

The Board will follow the procedure stated in the current collective bargaining agreement when12 considering a reduction in force. The reduction in certified employees, other than administrators,13 will generally be accomplished through normal attrition when possible. The Board may14 terminate certified employees, if normal attrition does not meet the required reduction in force.

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22212019

Legal Reference: § 20 4 206, MCA Notification of nontenure teacher reelection25 acceptance termination2726

PERSONNEL

Policy History:28 Adopted on: 12/14/9829 Reviewed on: 11/09/201030 Revised on: 12/09/0331

Cross Reference: 5250 Non Renewal of Employment/Dismissal From Employment2423

Lame

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Leaves of Absence

Sick and Bereavement Leave

• Short term attendance, in an agency’s discretion, to care for a person (who is not the28 employee or a member of the employee’s immediate family) until other care can29 reasonably be obtained;3130

• A physical or mental illness, injury, or disability;1817

Certified employees who have suffered a death in the immediate family will be eligible for46

It is understood that seniority will accumulate while a teacher or employee is utilizing sick leave42 credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave43 is cause for disciplinary action up to and including termination.4544

• Maternity or pregnancy related disability or treatment, including prenatal care, birth, or19 medical care for the employee or the employee’s child;2120

• Necessary care for a spouse, child or parent with a serious health condition, as defined in32 the Family and Medical Leave Act of 1993; or3433

• Examination or treatment by a licensed health care provider;2726

Deer Public Schools21 PERSONNEL 53213 page 1 of 34

Certified employees will be granted sick leave according to terms of their collective bargaining9 agreement.

Nothing in this policy guarantees approval of the granting of such leave in any instance. The38 District will judge each request in accordance with this policy and governing collective39 bargaining agreements.4140

• Parental leave for a permanent employee as provided in § 2 18 606, MCA;2322

Classified employees will be granted sick leave benefits in accordance with § 2 18 618, MCA.12 For classified staff, “sick leave” is defined as a leave of absence, with pay, for a sickness suffered by an employee or an employee’s immediate family. Sick leave may be used by an employee when they are unable to perform job duties because of:1615

• Quarantine resulting from exposure to a contagious disease;2524

• Death or funeral attendance of an immediate family member or, at an agency’s discretion,35 another person.3736

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Policy History:28 Adopted on: 12/14/9829 Reviewed on: 11/09/201030 Revised on: 10/11/05, 1/10/2231

§ 2 18 601(10), MCA Definitions19

Leaves for service on either a jury or in the Legislature will be granted in accordance with state8 and federal law. A certified staff member hired to replace one serving in the Legislature does not9 acquire tenure.

bereavement leave in accordance with the collective bargaining agreement. Classified staff who1 have suffered a death in the immediate family will be eligible for bereavement leave as approved2 by the Superintendent or the Board. Such leave will not exceed three (3) months unless3 prescribed by a physician.

Civic Duty Leave

§ 49 2 310, MCA Maternity leave unlawful acts of23 employers24

Reinstatement to job following25 pregnancy- related leave of absence2726

§ 49 2 311, MCA

1716

Legal Reference: 42 USC 2000e

§ 2 18 620, MCA

Mandatory Leave of Absence for employees21 Holding public office return requirements22

An employee who is summoned to jury duty or subpoenaed to serve as a witness may elect to12 receive regular salary or to take annual leave during jury time. An employee who elects not to13 take annual leave, however, must remit to the District all juror and witness fees and allowances14 (except for expenses and mileage). The District may request the court to excuse an employee15 from jury duty, when an employee is needed for proper operation of the school.

Equal Employment Opportunities18

§ 2 18 618, MCA Sick leave20

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2019

Employees, whether classified or certified, simultaneously employed in two (2) or more32 positions, will accrue sick leave credits in each position according to the number of hours33 worked or a proration of the contract (in the case of certified) worked. Leave credits will be used34 only from the position in which the credits were earned and with approval of the supervisor or35 appropriate authority for that position. Hours in a pay status paid at the regular rate will be used36 to calculate leave accrual. Sick leave credits will not accrue for those hours exceeding forty (40)37 hours in a workweek, which are paid as overtime hours or recorded as compensatory time. A38 full time employee will not earn less than nor more than the full time sick leave accrual rate39 provided classified employees.

Classified employees serving in positions that are permanent full time, seasonal full time, or21 permanent part time are eligible to earn sick leave credits, which will accrue from the first (1st)22 day of employment. A classified employee must be employed continuously for a qualifying23 period of ninety (90) calendar days in order to use sick leave. Unless there is a break in service,24 an employee only serves the qualifying period once. After a break in service, an employee must25 again complete the qualifying period to use sick leave. Sick leave may not be taken in advance26 nor may leave be taken retroactively. A seasonal classified employee may carry over accrued27 sick leave credits to the next season if management has a continuing need for the employee or,28 alternatively, may be paid a lump sum for accrued sick leave credits when the season ends, in29 accordance with ARM 2.21.141.

3130

Certified staff may use sick leave for those instances listed in the current collective bargaining7 agreement. Classified staff may use sick leave for illness; injury; medical disability; maternity8 related disability, including prenatal care, birth, miscarriage, or abortion; quarantine resulting9 from exposure to contagious disease; medical, dental, or eye examination or treatment; necessary10 care of or attendance to an immediate family member or, at the District’s discretion, another11 relative for the above reasons until other attendants can reasonably be obtained, and death or12 funeral attendance for an immediate family member. Leave without pay may be granted to13 employees upon the death of persons not included in this list.

When an employee who has not worked the qualifying period for use of sick leave takes an42 approved continuous leave of absence without pay in excess of fifteen (15) working days, the43 amount of time an employee is on leave of absence will not count toward completion of the44 qualifying period. The approved leave of absence exceeding fifteen (15) working days is not a45 break in service, and the employee will not lose any accrued sick leave credits nor lose credit for46

Conditions for Use of Leave

Lame

Deer Public Schools21 PERSONNEL 5321P3 page 1 of 24

Accrual and Use of Sick Leave Credits

Certified employees will accrue and may use their sick leave credits according to the current18 collective bargaining agreement.

4241

Calculation of Sick Leave Credits

Full time classified employees will earn sick leave credits at the rate of twelve (12) working days13 for each year of service. Sick leave credits will be prorated for part-time employees who have14 worked the qualifying period. The payroll office will refine this data by keeping records per hour15 worked.

Lump Sum Payment on Termination of Classified Employees

Industrial Accident

3635

1211

Sick Leave Substituted for Annual Leave

2221

Procedure History:43

3837

A classified employee who qualifies for use of sick leave while taking approved annual vacation39 leave, may be allowed to substitute accrued sick leave credits for annual leave credits. Medical40 certification of the illness or disability may be required.

Promulgated on: 12/14/9844

2423

2928

Certified employees will earn sick leave credits at the rate stated in the current collective10 bargaining agreement.

1918

An employee who is injured in an industrial accident may be eligible for workers’ compensation32 benefits. Use of sick leave must be coordinated with receipt of workers’ compensation benefits33 on a case by case basis, by contacting the Montana Schools Group Workers’ Compensation Risk34 Retention Program (WCRRP).

3130

Reviewed on: 11/09/201045 Revised on: 10/11/0546

Sick Leave Banks

When a classified employee terminates employment with the District, the employee is entitled to25 cash compensation for one-fourth (¼) of the employee’s accrued and unused sick leave credits,26 provided the employee has worked the qualifying period. The value of unused sick leave is27 computed based on the employee’s salary rate at the time of termination.

1716

time earned toward the qualifying period. An approved continuous leave of absence without pay4 of fifteen (15) working days or less will be counted as time earned toward the ninety-(90)-day5 qualifying period.

Donation of sick leave credits to and use of sick leave credits in the sick leave bank are governed20 by terms of the current collective bargaining agreement.

1413

Adopted on: 10/10/0642

PERSONNEL

The District shall post notice of the rights, benefits, and obligations of the District and employees28 in the customary place for notices.3029

The District will not discriminate in hiring, reemployment, promotion, or benefits based upon19 membership or service in the uniformed services.2120

Legal Reference: 38 U.S.C. §§ 4301 4334 The Uniformed Services Employment and31 Reemployment Act of 199432

§10 1 1007, MCA Right to return to employment without loss37 of benefits exceptions definition38

Time spent in active military service shall be counted in the same manner as regular employment15 for purposes of seniority or District service unless otherwise provided in a collective bargaining16 agreement.1817

Military Leave

§10 1 1004, MCA Rights under federal law33

§10 1 1006, MCA Entitlement to leave of absence36

§10 1 1009, MCA Paid military leave for public employees4039

When possible, all requests for military leave will be submitted at least one (1) full month in25 advance of the date military service is to begin.2726

Reviewed on: 11/09/201043 Revised on: 09/14/1644

All requests for military leave will be submitted to the Superintendent, in writing, accompanied22 by copies of the proper documentation showing the necessity for the military leave request.2423

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and7 the Montana Military Service Employment Rights, the Superintendent shall grant military leave8 to employees for voluntary or involuntary service in the uniformed services of the United States,9 upon receipt of the required notice. Benefits shall be maintained for these employees as required10 by law and/or collective bargaining agreements. A service member who returns to the District11 for work following a period of active duty must be reinstated to the same or similar position and12 at the same rate of pay unless otherwise provided by law.

Lame Deer Public Schools

532243

Policy History:41

§10 1 1005, MCA Prohibition against employment34 discrimination

1817

The District will make reasonable efforts to provide a room or other location, in close proximity19 to the work area, other than a toilet stall, where an employee can express the employee’s breast20 milk. The available space will include the provision for lighting and electricity for the pump21 apparatus. If possible, supervisors will ensure that employees are aware of these workplace22 accommodations prior to maternity leave.

R21

532543

26252423

2827

Policy History:29 Adopted on: 08/14/0730 Reviewed on: 11/09/201031 Revised on:32

PERSONNEL

1110

Deer

Recognizing that breastfeeding is a normal part of daily life for mothers and infants and that7 Montana law authorizes mothers to breastfeed their infants where mothers and children are8 authorized to be, the District will support women who want to continue breastfeeding after9 returning from maternity leave.

The District shall provide reasonable unpaid break time each day to an employee who needs to12 express milk for the employee’s child, if breaks are currently allowed. If breaks are not currently13 allowed, the District shall consider each case and make accommodations as possible. The14 District is not required to provide break time if to do so would unduly disrupt the District’s15 operations. Supervisors are encouraged to consider flexible schedules when accommodating16 employees’ needs.

Legal Reference: Title 39, Chapter 2, Part 2, MCA General Obligations of Employers

Lame Public Schools

Breastfeeding Workplace

An employee is eligible to take FMLA leave, if the employee has been employed for at least twelve (12)23 months and has worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)24 months immediately prior to the date leave is requested, and there have been at least fifty (50) District25 employees within seventy five (75) miles for each working day during twenty (20) or more workweeks in26 the current or preceding calendar year.

Section 585 National Defense Authorization Act for FY 2008, Public Law41 [110 181]

3736

Subject to Section 103 of the FMLA of 1993, as amended, an eligible employee who is the spouse, son,18 daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty six (26)19 workweeks of leave during a twelve (12) month period to care for the servicemember. The leave20 described in this paragraph shall only be available during a single twelve (12) month period.

Employees will be required to use appropriate paid leave while on FMLA leave. Workers’ compensation29 absences will be designated FMLA leave.

§§49 2 301, et seq., MCA Prohibited Discriminatory Practices

1514

The Board has determined that the twelve (12) month period during which an employee may take FMLA32 leave is: July 1 to June 30

2221

1716

R21

3433

Legal Reference: 29 CFR 825, 29 USC 2601, et seq. Family and Medical Leave Act of 199338 §§2 18 601, et seq., MCA Leave Time39

Reviewed on:46 Revised on: 11/09/2010

Family Medical Leave

2827

Lame Deer Public Schools

In accordance with provisions of the Family Medical Leave Act of 1993 (FMLA), a leave of absence of7 up to twelve (12) weeks during a twelve (12) month period may be granted to an eligible employee for8 the following reasons: 1) birth of a child; 2) placement of a child for adoption or foster care; 3) a serious9 health condition which makes the employee unable to perform functions of the job; 4) to care for the10 employee’s spouse, child, or parent with a serious health condition; 5) because of a qualifying exigency11 (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse or a son, daughter,12 or parent of the employee is on active duty (or has been notified of an impending call or order to active13 duty) in the Armed Forces in support of a contingency operation.

Policy History:44 Adopted on: 12/14/9845

Servicemember Family Leave

3130

PERSONNEL

4342

The Superintendent has discretion to require medical certification to determine initial or continued35 eligibility under FMLA as well as fitness for duty.

532843

c. For a serious health condition that makes the employee unable to perform the employee’s27 job;2928

1. An eligible employee who is a relative of a servicemember can take up to twenty33 six (26) weeks in a twelve (12) month period in order to care for a covered34 servicemember who is seriously ill or injured in the line of duty, or a veteran who35 is undergoing medical treatment, recuperation or therapy for serious injury or36 illness that occurred any time during the five (5) years preceding the date of37 treatment.3938

Employees are eligible if they have worked for the District for at least one (1) year, and for one9 thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there have10 been at least fifty (50) District employees within seventy five (75) miles for each working day11 during twenty (20) or more workweeks in the current or preceding calendar year.

2. Qualifying exigencies include:45 a. Short notice deployment;46

Under certain conditions, eligible employees, if qualified, may be entitled to up to twelve (12)16 weeks or twenty six (26) weeks leave with continuing participation in the District’s group17 insurance plan.

1. An eligible employee can take up to the normal twelve (12) weeks of leave, if a42 family member who is a member of the National Guard or Reserve is called up to43 active duty on a contingency mission.44

1312

b. To care for the employee’s spouse, child, or parent (does not include parents in law) who25 has a serious health condition;26

Reasons for Taking Leave2120

1514

Unpaid leave will be granted to eligible employees for any of the following reasons:2322

Benefit

Military Family Leave3130

b. Qualified exigency leave (applies to eligible employees with family members who are in40 the National Guard or Reserves, and Regular Armed Forces)41

1918

Family Medical Leave

a. Military caregiver leave32

a. To care for the employee’s child after birth, or placement for adoption or foster care;24

Who Is Eligible87

If spouses are employed by the same employer, the aggregate number of weeks of leave that can37 be taken is twenty-six (26) weeks in a single twelve-(12)-month period for serviceperson leave or38 a combination of exigency and serviceperson leave. The aggregate number of weeks of leave39 that can be taken by a husband and wife who work for the same employer is twelve (12) weeks if40 for exigency leave only.

f. Rest and recuperation;8

Substitution of Paid Leave

1312

e. Servicemember FMLA runs concurrent with other leave entitlements provided under26 federal, state, and local law.

When Both Parents Are District Employees

e. Counseling;7

b. Accumulated vacation/personal leave will be utilized concurrently with any FMLA leave20 that is taken for a family reason as described in (a) above.21

3029

3635

4241

d. Financial and legal arrangements;6

Employee Notice Requirement

The employee must follow the employer’s standard notice and procedural policies for taking45 FMLA.46

2827

If both parents of a child are employed by the District, they each are entitled to a total of twelve31 (12) weeks of leave per year. However, leave may be granted to only one (1) parent at a time,32 and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for33 placement of a child for adoption or foster care, or to care for the child after placement; or (3) to34 care for a parent (but not a parent in law) with a serious health condition.

If the District requires the employee to use appropriate paid leave concurrently while on FMLA14 leave pursuant to Policy 5328, paid leave will be substituted for unpaid leave under the following15 circumstances:

4443

h. Additional activities agreed to by the employer and the employee.

b. Military events and related activities;4

c. Childcare and school activities;5

a. Accumulated sick/personal leave will be utilized concurrently with any FMLA leave that18 is taken for a serious health reason as described in (b) or (c) above.19

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g. Post deployment activities; and9

1110

c. Accumulated sick leave will be utilized concurrently with FMLA leave, whenever the22 FMLA leave is taken for reasons which qualify for sick leave benefits pursuant to District23 policy or an applicable collective bargaining agreement.24

d. Whenever appropriate workers’ compensation absences shall be designated FMLA leave.25

An employer may require that a request for leave be supported by a certification issued at such30 time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a31 regulation requiring such certification, the employee shall provide, in a timely manner, a copy of32 such certification to the employer.

3433

In any case in which the necessity for leave is foreseeable, whether because the spouse or a son,19 daughter, or parent of the employee is on active duty or because of notification of an impending20 call or order to active duty in support of a contingency operation, the employee shall provide21 such notice to the employer as soon as is reasonable and practicable.

3635

Notice for Leave Due to Active Duty of Family Member

Employer Notice Requirement (29 C.F.R. § 825.300)

A sick leave request form is to be completed whenever an employee is absent from work for26 more than three (3) days or when an employee has need to be absent from work for continuing27 treatment by (or under the supervision of) a health care provider.

Requests

Medical Certification

The District will require medical certification to support a request for leave or any other absence37 because of a serious health condition (at employee expense) and may require second (2nd) or38 third (3rd) opinions (at the employer’s expense) and a fitness for duty report or return to work39 statement.

2928

1615

2322

Employers are required to provide employees with notice explaining the FMLA through a poster8 and either a handbook or information upon hire. If an employee requests FMLA leave, an9 employer must provide notice to the employee within five (5) business days of whether the10 employee meets the FMLA eligibility requirements. If an employee is not eligible to take11 FMLA, the employer must provide a reason. The employer must also provide a rights and12 responsibilities notice outlining expectations and obligations relating to FMLA leave. If FMLA13 leave is approved by the employer, it must provide the employee with a designation notice14 stating the amount of leave that will be counted against an employee’s FMLA entitlement.

1817

2524

Intermittent/Reduced Leave

4140

4342

FMLA leave may be taken “intermittently or on a reduced leave schedule” under certain44 circumstances. Where leave is taken because of birth or placement of a child for adoption or45 foster care, an employee may take leave intermittently or on a reduced leave schedule only with46

SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES

2827

2019

Summer Vacation

a. The leave is at least three (3) weeks; and43

4645

b. The employee’s return would take place during the last three (3) week period of the44 semester term.

Upon return from FMLA leave, reasonable effort shall be made to place the employee in the21 original or equivalent position with equivalent pay, benefits, and other employment terms.2322

An employee out on FMLA leave is entitled to continued participation in the appropriate group13 health plan, but it is incumbent upon the employee to continue paying the usual premiums14 throughout the leave period. An employee’s eligibility to maintain health insurance coverage will15 lapse if the premium payment is more than thirty (30) days late. The District will mail notice of16 delinquency at least fifteen (15) days before coverage will cease.

District approval Where FMLA leave is taken to care for a sick family member or for an4 employee’s own serious health condition, leave may be taken intermittently or on a reduced5 leave schedule when medically necessary. An employee may be reassigned to accommodate6 intermittent or reduced leave. When an employee takes intermittent leave or leave on a reduced7 leave schedule, increments will be limited to the shortest period of time that the District’s payroll8 system uses to account for absences or use of leave.

2524

3837

If an instructional employee begins FMLA leave more than five (5) weeks before the end of39 term, the District may require the employee to continue taking leave until the end of a semester40 term, if:

3635

Insurance

Return

1817

Recordkeeping

1211

3029

Leave More Than Five (5) Weeks Before End of Term

4241

The period during the summer vacation or other scheduled breaks (i.e., Christmas) an employee31 would not have been required to work will not count against that employee’s FMLA leave32 entitlement.

3433

Employees, supervisors, and building administrators will forward requests, forms, and other26 material to payroll to facilitate proper recordkeeping.

109

a. Take leave for a period(s) of particular duration not to exceed the duration of treatment;28 or29

Leave Less Than Three (3) Weeks Before End of Term

a. The leave is longer than two (2) weeks; and

33323130

1110

Promulgated on: 12/14/9835

b. The employee’s return would take place during the last two (2) week period of the12 semester term.

1615

Under certain conditions, an instructional employee needing intermittent or reduced leave for24 more than twenty percent (20%) of the total working days over the leave period may be required25 by the District to:2726

Procedure History:34

If an instructional employee begins FMLA leave for a purpose other than that employee’s own6 serious health condition less than five (5) weeks before the end of term, the District may require7 the employee to continue taking leave until the end of a semester term, if:98

Reviewed on:36 Revised on: 11/09/201037

1413

b. Transfer to an alternate but equivalent position.

Leave Less Than Five (5) Weeks Before End of Term

Intermittent or Reduced Leave2322

If an instructional employee begins FMLA leave for a purpose other than that employee’s own17 serious health condition less than three (3) weeks before the end of term, the District may require18 the employee to continue taking leave until the end of the academic term if the leave is longer19 than five (5) days.2120

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Insurance Benefits for Employees

PERSONNEL

Legal Reference: § 2 18 702, MCA Group insurance for public employees and officers25 § 2 18 703, MCA Contributions2726

1. Full time classified employees may opt out of the health insurance coverage each year and11 receive a $2500.00 cash payment, subject to tax deductions, with proof of access to IHS or an12 alternate insurance coverage. To be eligible for this cash payment an employee must be13 employed for the entire semester for which the payment will be made. If an employee14 resigns or is terminated, cash payment is forfeited.

Policy History:28 Adopted on: 12/14/9829 Reviewed on:30 Revised on: 11/14/00, 06/16/07, 11/09/2010, 1/10/2231

109

Lame Deer Public Schools

Newly hired employees are eligible for insurance benefits offered by the District for the particular7 bargaining unit to which an employee belongs. Other employees will be offered benefits consistent with8 the District benefit plan, with exceptions noted below:

A medical examination at the expense of the employee may be required, if the employee elects to join the17 District health insurance program after initially refusing coverage during the “open season” (*July). An18 eligible employee wishing to discontinue or change health insurance coverage must initiate the action by19 contacting the personnel office and completing appropriate forms.2120

533143

Anniversary dates of the health and dental insurance policies for the District shall be July 1st through22 June 30th .2423

32313029

Legal Reference: § 20 1 305, MCA School holidays

PERSONNEL

7. State and national election days when the school building is used as a polling place and18 conduct of school would interfere with the election process

Adopted on: 12/14/9836

When an employee, as defined above, is required to work any of these holidays, another day21 shall be granted in lieu of such holiday, unless the employee elects to be paid for the holiday in22 addition to the employee’s regular pay for all time worked on the holiday.

2726

Lame Deer Public Schools

533343

When one of the above holidays falls on Sunday, the following Monday will be a holiday.25 When one of the above holidays falls on Saturday, the preceding Friday will be a holiday.

The holidays required for classified staff, by § 20 1 305, MCA, are:

2423

Holidays for certified staff are dictated in part by the school calendar. Temporary employees will7 not receive holiday pay. Part time employees will receive holiday pay on a prorated basis.

2. Labor Day13

2019

3433

1110

When a holiday occurs during a period in which vacation is being taken by an employee, the28 holiday will not be charged against the employee’s annual leave.

3. Thanksgiving Day14 Christmas Day15

Policy History:35

Holidays

5. New Year’s Day16 Memorial Day17

1. Independence Day12

Reviewed on:37 Revised on: 11/09/201038

533443

Vacations

Employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of six (6) calendar months.

Policy History:22 Adopted on: 12/14/9823 Reviewed on: 11/09/201024 Revised on: 10/11/0525

17161514

PERSONNEL

Lame Deer Public Schools

1211

Classified and twelve (12) month administrative employees will accrue annual vacation leave7 benefits in accordance with §§ 2 18 611, 2 18 612, 2 18 614 through 2 18 617 and 2 18 621,8 MCA. Nothing in this policy guarantees approval for granting specific days as annual vacation9 leave in any instance. The District will judge each request for vacation in accordance with10 staffing needs.

Legal Reference: § 2 18 611, MCA Annual vacation leave18 § 2 18 612, MCA Rate earned19 § 2 18 617, MCA Accumulation of leave cash for unused transfer2120

Years of Working Days17 Employment Credit per Year18 1 day 10 years 1519 10 15 years 1820 15 20 years 2121 20 years on 242322

An employee who terminates employment for reasons not reflecting discredit on the employee38 shall be entitled, upon the date of such termination, to cash compensation for unused vacation leave,39 assuming that the employee has worked the qualifying periods set forth in § 2 18 611, MCA. The40 District shall not pay accumulated leaves to employees who have not worked the qualifying period.41 Vacation leave contributed to the sick leave bank is nonrefundable and is not eligible for cash42 compensation upon termination.

Vacation is earned according to the following schedule:14 RATE EARNED SCHEDULE1615

Legal Reference: § 2 18 611 § 2 18 618, MCA Leave Time

Procedure History:47

Promulgated on: 12/14/9848

Reviewed on: 11/09/201049

PERSONNEL

Lump Sum Payment Upon Termination3736

Maximum Accrual of Vacation Leave3130

Vacations

5334P43

1312

4443

Time as an elected state, county, or city official, as a school teacher, or as an independent contractor, does24 not count toward the rate earned. For purposes of this paragraph, an employee of a district or the25 university system is eligible to have school district or university employment time count toward the rate26 earned schedule, if that employee was eligible for annual leave in the position held with the school district27 or university system.2928

4645

All full time and part time employees serving in permanent and seasonal positions may accumulate two32 (2) times the total number of annual leave credits they are eligible to earn per year, according to the rate33 earned schedule.3534

Lame Deer Public Schools

All classified employees, except those in a temporary status, serving more than six (6) months, are7 eligible to earn vacation leave credits retroactive to the date of employment. Leave credits may not be8 advanced nor may leave be taken retroactively. A seasonal employee’s accrued vacation leave credits9 may be carried over to the next season, if management has a continuing need for the employee, or paid10 out as a lump sum payment to the employee when the season ends (generally in June). The employee11 may request a lump sum payment at the end of each season.

Revised on:50

PERSONNEL

Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not volunteer to work without pay in an assignment similar to the employee’s regular work.

1413

R21

1110

2019181716

Legal Reference: 29 USC 201, et seq. Fair Labor Standards Act2221

Overtime for Classified Employees

Non exempt classified employees who work more than forty (40) hours in a given workweek may receive overtime pay of one and one half (1½) times the normal hourly rate. NO8 OVERTIME is authorized without the specific approval of the Superintendent prior to the9 overtime worked.

533643

Lame Deer Public Schools

Policy History:23 Adopted on: 03/09/0424 Reviewed on: 11/09/201025 Revised on:26

A non exempt employee who works overtime without authorization may be subject to15 disciplinary action.

4. Call or visit the administrative office after medical treatment, if needed, to complete the necessary19 report of accident and injury on an Occupational Injury or Disease form.2120

533743

1. Attend to first aid and/or medical treatment during an emergency;

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The District will not automatically and simply defer to a report of industrial accident but will investigate30 as it deems appropriate to determine: (1) whether continuing hazardous conditions exist which need to be31 eliminated; and (2) whether in fact an accident attributable to the District working environment occurred32 as reported. The District may require the employee to authorize the employee’s physician to release33 pertinent medical information to the District or to a physician of the District’s choice, should an actual34 claim be filed against the Workers’ Compensation Division, which could result in additional fees being35 levied against the District.

Lame Deer Public Schools

Legal Reference: §§ 39 71 101, et seq., MCA Workers’ Compensation Act38

Workers’ Compensation Benefits

The administrator will notify the immediate supervisor of the report and will include the immediate22 supervisor as necessary in completing the required report.2423

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An employee who is injured in an industrial accident may be eligible for workers’ compensation benefits.25 By law, employee use of sick leave must be coordinated with receipt of workers’ compensation benefits,26 on a case by case basis, in consultation with the Workers’ Compensation Division, Department of Labor27 and Industry.2928

All employees of the District are covered by workers’ compensation benefits. In the event of an industrial7 accident, an employee should:98

2. Correct or report as needing correction a hazardous situation as soon as possible after an12 emergency situation is stabilized;

1413

3. Report the injury or disabling condition, whether actual or possible, to the immediate supervisor,15 within forty eight (48) hours, on the Employer’s First Report of Occupational Injury or Disease;16 and

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Reviewed on: 11/09/201041 Revised on: 1/10/2242

Policy History:39 Adopted on: 12/14/9840

PERSONNEL

An employee absent because of an employment related injury entitling the employee to workers’7 compensation payments may, upon the employee’s return to service, contribute to the retirement8 system an amount equal to the contributions that would have been made by the employee to the9 system on the basis of the employee’s compensation at the commencement of the employee’s10 absence plus regular interest accruing from one (1) year from the date after the employee returns11 to service to the date the employee contributes for the period of absence.

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22212019

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Payment of Interest on Employer Contributions for Workers’ Compensation Time

Legal Reference: §§ 19 3 504, MCA Absence due to illness or injury.

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Policy History:25 Adopted on: 11/09/201026 Reviewed on:27 Revised on:28

It is the policy of this District to not pay the interest costs associated with the employer’s18 contribution.

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The District has the option to pay, or not pay, the interest on the employer’s contribution for the14 period of absence based on the salary as calculated. If the employer elects not to pay the interest15 costs, this amount must be paid by the employee.

Lame Deer Public Schools

PERSONNEL

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Teachers’ aides/paraeducators, as defined in the appropriate job descriptions, are under the7 supervision of a principal and a teacher to whom the principal may have delegated responsibility8 for close direction. The nature of the work accomplished by paraeducators will encompass a9 variety of tasks that may be inclusive of “limited instructional duties.”

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Paraeducators are employed by the District mainly to assist the teacher. A paraeducator is an12 extension of the teacher, who legally has the direct control and supervision of the classroom or13 playground and responsibility for control and the welfare of the students.

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It is the responsibility of each principal and teacher to provide adequate training for a16 paraeducator. This training should take into account the unique situations in which a17 paraeducator works and should be designed to cover the general contingencies that might be18 expected to pertain to that situation. During the first thirty (30) days of employment, the19 supervising teacher or administrator shall continue to assess the skills and ability of the20 paraeducator to assist in reading, writing, and mathematics instruction.

The Superintendent shall develop and implement procedures for an annual evaluation of23 teachers’ aides/paraeducators. Evaluation results shall be a factor in future employment24 decisions.

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Teachers’ Aides/Paraeducators

Policy History:27 Adopted on: 11/09/201028 Reviewed on:29 Revised on: 1/10/2230

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The building principals may direct that appropriate screening processes be implemented to assure35 that adult chaperones are suitable and acceptable for accompanying students on field trips or36 excursions.

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Chaperones

Volunteers who have unsupervised access to children are subject to the District’s policy30 mandating background checks.

Volunteers

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District employees who work with volunteers shall clearly explain duties for supervising children20 in school, on the playground, and on field trips. An appropriate degree of training and/or21 supervision of each volunteer shall be administered commensurate with the responsibility22 undertaken.

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3. May be paid expenses, reasonable benefits, and/or nominal fees in some situations; and

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When serving as a chaperone for the District, the parent(s)/guardian(s) or other adult volunteers,39 including employees of the District, assigned to chaperone, shall not use tobacco products in the40 presence of students, nor shall they consume any alcoholic beverages or use any illicit drug41 during the duration of their assignment as a chaperone, including during the hours following the42 end of the day’s activities for students. The chaperone shall not encourage or allow students to43 participate in any activity that is in violation of District policy during the field trip or excursion,44 including during the hours following the end of the day’s activities. Chaperones shall be given a

The District recognizes the valuable contributions made to the total school program by members7 of the community who act as volunteers. By law, a volunteer is an individual who:98

Volunteers who are formally acting on behalf of and are assisting in school projects shall be25 covered by the District's liability insurance. This does not alleviate a volunteer, as is the case26 with an employee, from exercising appropriate judgment and responsibility in the discharge of27 all duties in accordance with the policies of the Board.

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2. Is excluded from the definition of “employee” under appropriate state and federal statutes;

4. Is not employed by the District in the same or similar capacity for which he/she is17 volunteering.

1. Has not entered into an express or implied compensation agreement with the District;

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Any chaperone found to have violated these rules shall not be used again as a chaperone for any7 District sponsored field trips or excursions and may be excluded from using District sponsored8 transportation for the remainder of the field trip or excursion and be responsible for their own9 transportation back home. Employees found to have violated these rules may be subject to10 disciplinary action.

copy of these rules and sign a letter of understanding verifying they are aware of and agree to4 these District rules before being allowed to accompany students on any field trip or excursion.

Policy History:17 Adopted on: 12/14/9818

14131211

Reviewed on:19 Revised on: 10/10/06, 11/09/201020

Cross Reference: 5122 Fingerprints and Criminal Background Investigations

Reviewed on: 11/09/201045 Revised on:46

4. The student teacher shall assume the same conditions of employment as a regular teacher28 with regard to meeting the health examination requirements, length of school day,29 supervision of co curricular activities, staff meetings, and in service training; and3130

Lame Deer Public Schools

The District recognizes its obligation to assist in the development of members of the teaching7 profession. The District shall make an effort to cooperate with accredited institutions of higher8 learning in the education of student teachers and other professionals in training (such as interns)9 by providing a reasonable number of classroom and other real life situations each year.

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The Superintendent shall coordinate all requests from cooperating institutions for placement with16 building principals so that excessive concentrations of student teachers and interns shall be17 avoided. As a general rule:

1918

Legal Reference: § 20 4 101(2) and (3), MCA System and definitions of teacher and39 specialist certification student teacher40 exception

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Policy History:43

36353433

5. The student teacher shall be subject to the District policy regarding background checks, if32 the student teacher has unsupervised access to children.

3. The supervising professional shall remain responsible for the class;2726

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Student Teachers/Interns

Adopted on: 12/14/9844

PERSONNEL

544043

Cross Reference: 5122 Fingerprints and Criminal Background Investigations

2. A supervising professional shall be assigned no more than one (1) student teacher/intern23 per school year;2524

1. A student teacher shall be assigned to a teacher or other professional who has agreed to20 cooperate and who has no less than three (3) years of experience in the profession;2221

The District and the respective training institutions shall enter into mutually satisfactory12 agreements whereby the rules, regulations, and guidelines of the practical experiences shall be13 established.

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Deer Public Schools21 PERSONNEL 54503 page 1 of 24

Because of the unique nature of e mail/Internet, and because the District desires to protect its interest with regard to its electronic records, the following rules have been established to address14 e mail/Internet usage by all employees:

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The District e mail and Internet systems are owned by the District and are intended to be used17 for educational purposes only. While occasional personal use is allowed, employees should have18 no expectation of privacy when using the e mail or Internet systems for any purpose.

Additionally, District records and e mail/Internet records are subject to disclosure to law40 enforcement or government officials or to other third parties through subpoena or other process.41 Consequently, the District retains the right to access stored records in cases where there is42 reasonable cause to expect wrongdoing or misuse of the system and to review, store, and disclose43 all information sent over the District e mail systems for any legally permissible reason, including44 but not limited to determining whether the information is a public record, whether it contains45 information discoverable in litigation, and to access District information in the employee’s46

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In order to keep District e mail and Internet systems secure, users may not leave the terminal34 “signed on” when unattended and may not leave their password available in an obvious place35 near the terminal or share their password with anyone except the system administrator. The36 District reserves the right to bypass individual passwords at any time and to monitor the use of37 such systems by employees.3938

Employee Electronic Mail and On-Line Services Usage

Electronic mail (“e mail”) is an electronic message that is transmitted between two (2) or more7 computers or electronic terminals, whether or not the message is converted to hard copy format8 after receipt, and whether or not the message is viewed upon transmission or stored for later9 retrieval. E mail includes all electronic messages that are transmitted through a local, regional, or10 global computer network.

All e mail/Internet records are considered District records and should be transmitted only to29 individuals who have a need to receive them. If the sender of an e-mail or Internet message does30 not intend for the e mail or Internet message to be forwarded, the sender should clearly mark the31 message “Do Not Forward.”

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Users of District e mail and Internet systems are responsible for their appropriate use. All illegal21 and improper uses of the e mail and Internet system, including but not limited to extreme22 network etiquette violations including mail that degrades or demeans other individuals,23 pornography, obscenity, harassment, solicitation, gambling, and violating copyright or24 intellectual property rights, are prohibited. Abuse of the e mail or Internet systems through25 excessive personal use, or use in violation of the law or District policies, will result in26 disciplinary action, up to and including termination of employment.

absence. Employee e mail/Internet messages may not necessarily reflect the views of the4 District.

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Policy History:19

Except as provided herein, District employees are prohibited from accessing another employee’s7 e mail without the expressed consent of the employee. All District employees should be aware8 that e mail messages can be retrieved, even if they have been deleted, and that statements made9 in e mail communications can form the basis of various legal claims against the individual author10 or the District.

Adopted on: 12/14/9820

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Reviewed on:21 Revised on: 11/09/201022

E mail sent or received by the District or the District’s employees may be considered a public13 record subject to public disclosure or inspection. All District e mail and Internet communications14 may be monitored.

Lame Deer Public Schools

• The District files a report of the theft with law enforcement within seven (7) business16 days of separation.

23222120

When a District employee quits, is laid off, or is discharged, wages owed will be paid on the next7 regular pay day for the pay period in which the employee left employment or within fifteen (15)8 days, whichever occurs first.

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If no charges are filed within thirty (30) days of the filing of a report with law enforcement,19 wages are due within a thirty (30) day period.

Legal Reference: § 39 3 205, MCA Payment of wages when employee separated from24 employment prior to payday exceptions

• The employee agrees in writing to the withholding; or

550043

Payment of Wages Upon Termination

In the case of an employee discharged for allegations of theft connected to the employee’s work,11 the District may withhold the value of the theft, provided:

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Policy History:27

PERSONNEL

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Adopted on: 12/14/9828 Reviewed on:29 Revised on: 12/12/06, 11/09/201030

109

HIPAA required the federal government to adopt national standards for electronic health care18 transactions. At the same time, Congress recognized that advances in electronic technology19 could erode the privacy of health information and determined there was a need for national20 privacy standards. As a result HIPAA included provisions which mandated the adoption of21 federal privacy standards for individually identifiable health information.

109

The standards found in the Privacy Rule are designed to protect and guard against the misuse of24 individually identifiable health information, with particular concern regarding employers using25 an employee’s (or dependent’s) health information from the group health plan to make adverse26 employment related decisions. The Privacy Rule states that verbal, written, or electronic27 information that can be used to connect a person’s name or identity with medical, treatment, or28 health history information is Protected Health Information (PHI) under the HIPAA Privacy Rule.3029

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3. Individuals have the right to an accounting of disclosures of their health record for40 reasons other than treatment, payment, or healthcare operations.

4241

1. Individuals have a right to access and copy their health record to the extent allowed by33 HIPAA.

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2. Individuals have the right to request an amendment to their health record. The plan may36 deny an individual’s request under certain circumstances specified in the HIPAA Privacy37 Rule.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The District’s group health plan is a Covered Entity under the Health Insurance Portability and11 Accountability Act of 1996 (HIPAA) and its implementing regulations, the Standards for the12 Privacy of Individually Identifiable Information. In order to comply with HIPAA and its related regulations, the District has implemented the following HIPAA Privacy Policy:

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Background

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4. PHI, including health, medical, and claims records, can be used and disclosed without43 authorization for specific, limited purposes (treatment, payment, or operations of the44 group health plan). A valid authorization from the individual must be provided for use or45 disclosure for other than those purposes.46

The HIPAA Privacy Rule

Under the HIPAA Privacy Rule:3231

5. Safeguards are required to protect the privacy of health information.

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Some of the District’s employees need access to PHI in order to properly perform the functions45 of their jobs. The District has identified these employees and has given them training in the46

The District Clerk has been designated Privacy Officer. The Privacy Officer will oversee all13 ongoing activities related to the development, implementation, maintenance of, and adherence to14 the District’s policies and procedures covering the privacy of and access to patient health15 information in compliance with HIPAA, other applicable federal and state laws, and the16 District’s privacy practices.

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As required for a Covered Entity under HIPAA, the plan has developed these internal privacy19 policies and procedures to assure that PHI is protected and that access to and use and disclosure20 of PHI are restricted in a manner consistent with HIPAA’s privacy protections. The policies and21 procedures recognize routine and recurring disclosures for treatment, payment, and healthcare22 operations and include physical, electronic, and procedural safeguards to protect PHI. The23 procedures include safeguards for sending PHI via mail or fax, receiving PHI for plan purposes,24 and workstation safeguards and procedures for securing and retaining PHI received by the plan.25 Plan participants are entitled to receive a copy of the plan’s policies and procedures upon26 request.

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The District has reviewed how PHI is used and disclosed by the plan and has limited disclosure39 of that information to employees who have a legitimate need to know or possess the PHI for40 healthcare operations and functions. The District will make reasonable efforts to use de41 identified information whenever possible in the operations of the plan and will only use the42 minimum PHI necessary for the stated purpose.

The District has distributed a notice of privacy practices to plan participants. The notice informs35 plan participants of their rights and the District’s privacy practices related to the use and36 disclosure of PHI. A copy of this notice may be obtained by contacting the Privacy Officer.

7. Violators are held accountable with civil and criminal penalties for improper use or8 disclosure of PHI.

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109

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6. Covered entities are required to issue a notice of privacy practices to their enrollees.

Designating a limited number of privacy contacts allows the District to control who is receiving29 PHI from the contract claims payor for plan operations purposes. The contract claims payor will30 provide only the minimum PHI necessary for the stated purpose and, as required under the31 Privacy Rule, will provide PHI only to individuals with a legitimate need to know for plan32 operations purposes.

Compliance

• The District has implemented policies and procedures to designate who has and who does34 not have authorized access to PHI.

The District has taken the following steps to ensure PHI is safeguarded:3332

2423

The HIPAA Privacy Rule prohibits the District from disclosing medical information without the25 patient’s written permission other than for treatment, payment, or healthcare operations purposes.26 An authorization signed by the patient and designating specified individuals to whom the District27 may disclose specified medical information must be on file, before the plan can discuss a28 patient’s medical information with a third party (such as a spouse, parent, group health plan29 representative, or other individual).3130

1918

In order to comply with the new privacy regulations, the plan has implemented compliant20 communication procedures. Except for its use in legitimate healthcare operations, written21 permission will be required in order for the District to disclose PHI to or discuss it with a third22 party.

• The District will act promptly to take reasonable measures to mitigate any harmful effects known to the group health plan, due to a use or disclosure of PHI in violation of the

In the event the group health plan must disclose PHI in the course of performing necessary plan10 operations functions or as required by law or a governmental agency, the District has developed11 a system to record those disclosures and requests for disclosures. An individual may request a12 list of disclosures of his or her PHI made by the plan for other than treatment or claims payment13 purposes. All requests for an accounting of PHI disclosures must be made in writing, and the14 plan may impose fees for the cost of production of this information. Requests will be responded15 to within sixty (60) days. If the plan is not able to provide the requested information within sixty16 (60) days, a written notice of delay will be sent to the requesting individual, with the reasons for17 the delay and an estimated time for response.

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• Copies of PHI will be destroyed when information is no longer needed, unless it is required by law to be retained for a specified period of time.

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important aspects of the HIPAA Privacy Rule, the privacy policy, and procedures. New4 employees who will have access to PHI will receive training on the HIPAA Privacy Rule and5 related policies and procedures as soon as reasonably possible after they are employed.6 Employees who improperly use or disclose PHI or misuse their access to that information may7 be subject to discipline, as deemed appropriate.

• Computer files with PHI are password protected and have firewalls making unauthorized39 access difficult.

• Documents containing PHI are kept in a restricted/locked area.3837

2221

• The District will appropriately discipline employees who violate the District’s group6 health plan’s policies, procedures, or the HIPAA Privacy Rule, up to and including7 termination of employment if warranted by the circumstances.

3635

The District will ensure health information will not be used in making employment and23 compensation decisions. The HIPAA Privacy Rule and other applicable laws expressly prohibit24 an employer from making adverse employment decisions (demotions, terminations, etc.) based25 on health information received from the group health plan. To the extent possible, the District26 has separated the plan operations functions from the employment functions and has safeguards in27 place to prevent PHI from the plan from going to or being used by an employee’s supervisor,28 manager, or superior to make employment related decisions.

3231

District Clerk

Adopted on: 11/09/2010

Lame Deer School District Box 96

Lame Deer, MT 59043

If an employee believes their privacy rights have been violated, they may file a written complaint33 with the Privacy Officer. No retaliation will occur against the employee for filing a complaint.34 The contact information for the Privacy Officer is:

424140

Reviewed on:45 Revised on:46

Complaints

The District has received signed assurances from the plan’s business associates that they10 understand the HIPAA Privacy Rule, applicable regulations, and the Privacy Policy and will11 safeguard PHI just as the plan would.

The contract claims payor and certain other entities outside the group health plan require access14 on occasion to PHI, if they are business associates of the group health plan and in that role need15 to use, exchange, or disclose PHI from the group health plan. The plan requires these entities to16 sign an agreement stating they understand HIPAA’s privacy requirements and will abide by17 those rules just as the group health plan does, to protect the PHI to which they have access. For18 example the plan engages a certified public accountant to audit the plan annually and to make19 sure payments are made in compliance with the Plan Document. In order for the CPA to20 complete an audit, the auditor reviews a sample of the claims for accuracy.

Policy History:43

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plan’s policies, procedures, or requirements of the HIPAA Privacy Rule.

6121 District Organization

6310 Internships

6121C District Organizational Chart

R = required 6000

R 6140 Duties and Qualifications of Administrative Staff Other Than Superintendent

6141 Employment Restrictions for Administrative Personnel

R 6210 Principals

R 6110 6110P Superintendent

R 6410 Evaluation of Administrative Staff 6420 Professional Growth and Development

6000 Goals

LAME DEER SCHOOL DISTRICT

TABLEADMINISTRATIONSERIESOFCONTENTS

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26252423

The District’s administrative organization will be designed so that all divisions and departments20 of the District are part of a single system guided by Board policies implemented through the21 Superintendent. Principals and other administrators are expected to administer their facilities in22 accordance with Board policy and the Superintendent’s rules and procedures.

The administrative staff’s primary functions are to manage the District and to facilitate the7 implementation of a quality educational program. It is the goal of the Board that the8 administrative organization:

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Policy History:27

600043

Adopted on: 12/14/9828

2. Provide effective and responsive communication with staff, students, parents, and other15 citizens; and

Reviewed on: 11/09/201029 Revised on: 03/09/0430

1. Provide for efficient and responsible supervision, implementation, evaluation, and11 improvement of the instructional program, consistent with the policies established by the12 Board;

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Goals

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Schools21

Lame Public

3. Foster staff initiative and rapport.

ADMINISTRATION

109

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ARM 10.55.701 Board of Trustees

Reviewed on:49 Revised on: 03/09/04, 11/09/2010, 1/10/22

The Board and the Superintendent will enter into a contract which conforms to this policy and state law. The contract will govern the employment relationship between the Board and the Superintendent.

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Qualifications and Appointment

ADMINISTRATION

Policy History: Adopted on: 12/14/98

ARM 10.55.602 Definition of Internship

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The Superintendent will have the experience and skills necessary to work effectively with the Board,15 District employees, students, and the community. The Superintendent must be appropriately licensed and16 endorsed in accordance with state statutes and Board of Public Education rules; or considered17 appropriately assigned if the Superintendent is enrolled in an internship program as defined in ARM18 10.55.602 and meets the requirements of ARM 10.55.607 and ARM 10.55.702.

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ARM 10.55.607 Internships

Superintendent Duties and Authority

At least annually, and in accordance with the Superintendent’s contract, the Board will evaluate the29 performance of the Superintendent, using standards and objectives developed by the Superintendent and30 the Board, which are consistent with District mission and goal statements. A specific time shall be31 designated for a formal evaluation session. The evaluation will include a discussion of professional32 strengths, as well as performance areas needing improvement.

61104

2221

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Administrative Work Year

2019

ARM 10.55.702 Licensure and Duties of District Administrator District Superintendent

The Superintendent is the District’s executive officer and is responsible for the administration and7 management of District schools, in accordance with Board policies and directives and state and federal8 law. The Superintendent is authorized to develop administrative procedures to implement Board policy9 and to delegate duties and responsibilities; however, delegation of a power or duty does not relieve the10 Superintendent of responsibility for that which was delegated.

The Superintendents’ work year will correspond with the District’s fiscal year, unless otherwise stated in23 an employment agreement. In addition to legal holidays, the Superintendent will have vacation periods as24 approved by the Board of Trustees.

Compensation and Benefits

Evaluation

2625

Legal Reference: § 20 4 402, MCA Duties of district superintendent or county high school principal

The Board will:

Superintendent

ADMINISTRATION

Approve textbooks. Recommend textbooks.

Approve payment of vouchers and payroll. Recommend payment of vouchers and payroll.

Prepare reports regarding school plant and facilities needs.

Recommend staff needs based on student enrollment, direct and assign teachers and other employees of the schools under his/her supervision; shall organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, as best serves the District, subject to the approval of the Board.

Recommend policies or policy changes to the Board and develop procedures which implement Board policy.

Prepare and submit the annual budget.

Recommend courses of study.

Approve contracts for major construction, remodeling, or maintenance.

Lame Public

Adopt policies for the operations of the school system and review administrative procedures.

page6110P1of2

The Superintendent will: Select the Superintendent and delegate to him/her all necessary administrative powers.

Serve as chief executive officer of the District.

Provide leadership in the development, operation, supervision, and evaluation of the educational program.

Formulate a statement of goals reflecting the philosophy of the District.

Approve proposed major changes of school plant and facilities.

Authorize the allocation of certificated and classified staff.

Adopt annual objectives for improvement of the District.

Recommend annual objectives for improvement of the District.

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Approve courses of study.

Recommend candidates for employment as certificated and classified staff.

Schools R

Recommend contracts for major construction, remodeling, or maintenance.

Employ certificated and classified staff, in its discretion, upon recommendation of the Superintendent.

Approve the annual budget.

Appoint citizens and staff to serve on special Board committees, if necessary.

Recommend formation of ad hoc citizens’ committees.

Respond and take action on all criticism, complaints, and suggestions, as appropriate.

Establish criteria and processes for evaluating staff.

Promptly refer to the Superintendent all criticisms, complaints, and suggestions called to its attention.

Conduct regular meetings.

Procedure

As necessary, attend all Board meetings and all Board and citizen committee meetings, serve as an ex officio member of all Board committees, and provide administrative recommendations on each item of business considered by each of these groups.

page6110P2of2

Assure that appropriate criteria and processes for evaluating staff are in place.

Undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations.

Approve appropriate District expenditures recommended by the Superintendent for the purpose of ongoing District operations.

Authorize the ongoing professional enrichment of its administrative leader, as feasible.

RevisedReviewedPromulgatedHistory:on:03/09/04on:11/09/2010on:

Diligently investigate and make purchases that benefit the most efficient and functional operation of the District.

Inform the Board of appeals and implement any such forthcoming Board decisions.

The Board will: The Superintendent will: Approve collective bargaining agreements. Supervise negotiation of collective bargaining agreements.

Serve as final arbitrator for staff, citizens, and students.

Reviewed on: 11/09/201020

Adopted on: 12/14/9819

The Superintendent shall develop an organizational chart indicating the channels of authority and7 reporting relationships for school personnel. These channels should be followed, and no level8 should be bypassed, except in unusual circumstances.

Lame Deer Public Schools

17161514

Revised on:21

ADMINISTRATION

The organization of District positions of employment for purposes of supervision, services,11 leadership, administration of Board policy, and all other operational tasks shall be on a “line and12 staff” basis. District personnel occupying these positions of employment shall carry out their13 duties and responsibilities on the basis of line and staff organization.

District Organization

612143

Policy History:18

109

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Qualifications

614054

Policy History:45

All administrative personnel must be appropriately licensed and endorsed in accordance with state20 statutes and Board of Public Education rules, or be considered appropriately assigned if the21 administrator is enrolled in an internship as defined in ARM 10.55.602 and meets the requirements of22 ARM 10.55.607, and must meet other qualifications as specified in their position’s job description.

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Adopted on: 12/14/98

Revised on: 03/09/04, 1/10/22

Compensation and Benefits

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Duties and Qualifications of Administrative Staff Other Than Superintendent Duty and Authority

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ADMINISTRATION

Each administrator’s duties and responsibilities will be set forth in a job description for that particular15 position.

Administrators will receive compensation and benefits as stated in their employment agreements.

As authorized by the Superintendent, administrative staff will have full responsibility for day to day10 administration of the area to which they are assigned. Administrative staff are governed by Board11 policies and are responsible for implementing administrative procedures relating to their assigned12 responsibilities.

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Legal Reference: § 20 4 401, MCA Appointment and dismissal of district superintendent37 or county high school principal38

ARM 10.55.602 Definition of Internship ARM 10.55.607 Internships

Administrative Work Year2625

The administrators’ work year will correspond with the District’s fiscal year, unless otherwise stated27 in an employment agreement. In addition to legal holidays, the administrators will have vacation28 periods as approved by the Superintendent.

§ 20 4 402, MCA Duties of district superintendent or county high school39 principal 10.55.701, ARM Board of Trustees

Reviewed on: 11/09/2010

Lame Deer Public Schools

Adopted on: 12/14/9820

ADMINISTRATION

Employment Restrictions for Administrative Personnel

The amount of time lost to the District will be, but is not restricted to being: deducted from10 vacation time; granted as additional personal leave as specified by a written contract; or prorated11 to a dollar amount to be deducted in the next regularly scheduled pay period.

The Superintendent must give prior approval for time taken by administrators from the regularly7 assigned work schedules, for such paid activities as consulting, college teaching, lecturing, etc.98

Policy History:19

Reviewed on: 11/09/201021 Revised on:22

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Time taken from the regularly assigned work schedule for non-paid activities shall follow the14 format established above.

ADMINISTRATION

621054

Policy History:25 Adopted on: 12/14/9826 Reviewed on: 11/09/201027 Revised on: 1/10/222928

Principals

Legal Reference: § 20 4 403, MCA Powers and duties of principal21 10.55.701, ARM Board of Trustees22 10.55.703, ARM Licensure and Duties of School Principal

2423

20191817

Principals are the chief administrators of their assigned schools and are responsible for the day8 to day operation of their building. The primary responsibility of Principals is the development9 and improvement of instruction. The majority of the Principals’ time shall be spent on10 curriculum and staff development through formal and informal activities, establishing clear lines11 of communication regarding the school rules, accomplishments, practices, and policies with12 parents and teachers. Principals are responsible for management of their staff, maintenance of13 the facility and equipment, administration of the educational program, control of the students14 attending the school, management of the school’s budget, and communication between the15 school and the community, and enforcement of District policy. Principals will be evaluated in16 accordance with ARM 10.55.701(4)(a)(b).

Lame Deer Public Schools

Reviewed on: 11/09/201017

Policy History:15

ADMINISTRATION

Internships

14131211

The Board recognizes the need to provide training opportunities for prospective administrators.7 Internships for those in the process of acquiring administrative credentials shall be considered8 and approved on an individual basis. The Superintendent or designee and the District9 administrator involved will review the internship proposal with the candidate and the university10 representative, much in the same manner as student teachers are assigned.

631043

Adopted on: 12/14/9816

Revised on:18

R21

Adopted on: 12/14/9832

2322

2524

Legal Reference: 10.55.701, ARM Board of Trustees3029

Cross Reference: 6140 Duties and Qualifications of Administrative Staff Other Than26 Superintendent2827

The evaluation process will be completed prior to recommendation for renewal or non renewal.

Evaluation of Administrative Staff

Policy History:31

Lame Deer Public Schools

Reviewed on: 11/09/201033 Revised on: 03/09/0434

The Superintendent shall establish procedures for the conduct of these evaluations. Near the12 beginning of the school year, the Superintendent shall inform the administrator of the criteria to13 be used for evaluation purposes, including the adopted goals for the District. Such criteria shall14 include performance statements dealing with leadership; administration and management; school15 financing; professional preparation; effort toward improvement; interest in students, staff,16 citizens, and programs; and staff evaluation.

641043

Each administrator will be evaluated annually, in order to provide guidance and direction to the7 administrator in the performance of his/her assignment. Such evaluation will be based on job8 descriptions, accomplishment of annual goals and performance objectives, and established9 evaluative criteria.

Both the evaluator and the administrator involved in the evaluation will sign the written19 evaluation report and retain a copy for their records. A person being evaluated has the right to20 submit and attach a written statement to the evaluation within a reasonable time following the21 evaluation conference.

1817

ADMINISTRATION

1110

ADMINISTRATION

Lame Deer Public Schools

Legal Reference: § 20 1 304, MCA Pupil instruction related day

Policy History:18

Reviewed on: 11/09/201020

Revised on:21

Professional Growth and Development

The Board recognizes that training and study for administrators contribute to skill development7 necessary to better serve the District’s needs.

Adopted on: 12/14/9819

Administrative staff are encouraged to be members of and participate in professional associations10 which have as their purposes the upgrading of school administration and the continued11 improvement of education in general.

1716

15141312

642043

7231 7231P

7500

7510

7520 Independent Investment Accounts

7330 Payroll Procedures/Schedules

7326 Documentation and Approval of Claims

Budget and Program Planning

Lease Purchase Agreements

7225 Crowdfunding

7425 Extra and Co Curricular Funds

7530

7525

LAME DEER SCHOOL DISTRICT = required

7000 SERIES FINANCIAL MANAGEMENT

TABLE OF CONTENTS

7000 Goals

Obligations and Loans

7310 Budget Implementation and Execution

Capitalization Policy for Fixed Assets

7535 Electronic Signatures

Title I Funds

Property Records

7220-7220P

7550 Indirect Cost Reimbursement

7251 Disposal of School District Property Without a Vote 7260 Endowments, Gifts, and Investments

7336 Travel Allowances and Expenses

7110

7405 Procurement Card Use

7430 Financial Reporting and Audits

7335 Personal Reimbursements

7515 GASB 54

7329

7121 Budget Adjustments

Federal Impact Funds

7325 Accounting System Design

7215

7400 Credit Cards

7210 Revenues

7410 Fund Accounting System

Procurement of Supplies or Services

Petty Cash Funds

7320 Purchasing

4. Establish efficient procedures in all areas of fiscal management.29282726

Because educational programs are dependent on adequate funding and the proper management of7 those funds, District goals can best be attained through efficient fiscal management. As trustee8 of local, state, and federal funds allocated for use in public education, the Board shall fulfill its9 responsibility to see that funds are used to achieve the intended purposes.

The Board seeks to achieve the following goals in the District’s fiscal management:1817

Policy History:32 Adopted on: 12/14/9833 Reviewed on: 11/09/201034 Revised on:35

Legal Reference: Title 20, Chapter 9, MCA Finance3130

Lame Deer Public Schools

700043

Goals

1. Engage in advance planning, with staff and community involvement, to develop budgets19 which will achieve the greatest educational returns in relation to dollars expended.2120

3. Provide timely and appropriate information to