CANBY PUBLIC SCHOOLS POLICIES
Table Of Contents
P. 3 101 Legal Status Of The School District
P. 4 101.1 Name Of The School District
P. 4 102 Equal Educational Opportunity
P. 4 104 School District Mission Statement
P. 5 201 Legal Status Of The School Board
P. 6 202 School Board Officers
P. 7 203 Operation Of The School Board Governing Rules
P. 7 203.1 School Board Procedures; Rules Of Order
P. 8 203.2 Order Of The Regular School Board Meeting
P. 8 203.5 School Board Meeting Agenda
P. 9 204 School Board Meeting Minutes
P. 9 205 Open Meetings And Closed Meetings
P. 12 207 Public Hearings
P. 13 209 Code Of Ethics
P. 14 210 Conflict Of Interest - School Board Members
P. 16 211 Criminal Or Civil Action Against School
District, School Board Member, Employee Or Student
P. 17 212 School Board Member Development
P. 17 301 School District Administration
P. 18 302 Superintendent
P. 18 303 Superintendent Selection
P. 18 304 Superintendent Contract, Duties And Evaluation
P. 19 305 Policy Implementation
P. 19 306 Administrator Code Of Ethics
P. 19 401 Equal Employment Opportunity
P. 20 402 Disability Nondiscrimination Policy
P. 20 403 Discipline, Suspension And Dismissal Of School
District Employees
P. 21 404 Employment Background Checks
P. 22 405 Veteran's Preference Hiring
P. 23 406 Public And Private Personnel Data
P. 25 407 Employee Right To Know Exposure To
Hazardous
Substances
P. 26 408 Subpoena Of A School District Employee
P. 27 410 Family And Medical Leave Policy
P. 28 412 Expense Reimbursement
P. 29 413 Harassment And Violence
P. 31 414 Mandated Reporting Of Child Neglect Or Physical Or
Sexual Abuse
P. 34 415 Mandated Reporting Of Maltreatment Of Vulnerable
Adults
P. 36 416 Drug And Alcohol Testing
Section 1,2,3 Are Required
P. 48 417 Chemical Use And Abuse - Required
P. 51 418 Drug-Free Workplace/Drug-Free School - Required
-Added Prescription/Non-Prescript. Language.
P. 53 419 Tobacco-Free Environment - Required
P. 53 420 Students And Employees With Sexually Transmitted
Infections And Diseases And Certain Other
Communicable
Diseases And Infectious Conditions - Required
P. 55 421 Gifts To Employees
P. 56 423 Employee-Student Relationships
P. 56 424 License Status – Removed requirement to notify
teacher by
superintendent - Required
P. 57 425 Staff Development – Removed Semi Annual And
Quarterly Reporting
Requirements - Required
P. 59 501 School Weapons Policy
Required
P. 61 502 Search Of Student Lockers, Desks, Personal
Possessions And
Student’s Person - Required
P. 63 503 Student Attendance
Required
P. 66 504 Student Dress And Appearance
P. 67 505 Distribution Of Nonschool-Sponsored Materials On
School Premises
By Students And Employee
P. 69 506 Student Discipline
Required
P. 80 507 Corporal Punishment
Required
P. 80 508 Extended School Year For Certain Students With IEPs
Required
P. 81 509 Enrollment Of Nonresident Students
Required
P. 82 510 School Activities
( Removed Annual Report Requirement)
P. 82 511 Student Fundraising
P. 83 512 School-Sponsored Student Publications And Activities
P. 84 513 Student Promotion, Retention, And Program Design
P. 85 514 Bullying Prohibition Policy
Required
P. 87 515 Protection And Privacy Of Pupil Records
Required
P. 99 516 Student Medication
Required
P. 101 517 Student Recruiting
P. 101 518 Dnr-Dni Orders
P. 102 519 Interviews Of Students By Outside Agencies
P. 103 520 Student Surveys
P. 105 521 Student Disability Nondiscrimination
Required
P. 105 522 Student Sex Nondiscrimination
Required
P. 107 524 Internet Acceptable Use And Safety Policy
Required
P. 110 525 Violence Prevention
P. 112 526 Hazing Prohibition
Required
P. 113 527 Student Use And Parking Of Motor Vehicles; Patrols,
Inspections
And Searches
P. 115 528 Student Parental, Family, And Marital Status
Nondiscrimination Required
- Required
P. 115 529 Staff Notification Of Violent Behavior By Students
Required
P. 117 530 Immunization Requirements
Required
P. 119 531 The Pledge Of Allegiance
Required
P. 119 532 Use Of Peace Officers & Crisis Teams To Remove
Students With IEPs
From School Grounds
P. 121 601 School District Curriculum And Instruction Goals
P. 122 602 Organization Of School Calendar And School Day
P. 122 603 Curriculum Development
P. 123 604 Instructional Curriculum
P. 123 605 Alternative Programs
P. 123 606 Textbooks And Instructional Material
P. 124 607 Organization Of Grade Levels
P. 124 608 Instructional Services – Special Education
Required
P. 125 609 Religion
P. 125 610 Field Trips
P. 126 611 Home Schooling
Required
P. 127 612.1 Develop Parent Involvement Policies For Title I
Programs Required
P. 130 613 Graduation Requirements
Required
P. 131 614 School District Testing Plan And Procedure
Required
P. 133 615 Basic Standards Testing, Accommodations,
Modifications, & IEP,LEP
504 Exemptions
P. 134 616 School District System Accountability
P. 137 620 Credit For Learning
P. 137 624 On-Line Learning Options
Required
P. 138 701 Establishment And Adoption Of School District Budget
Required
P. 139 701.1 Modification Of School District Budget
Required
P. 140 702 Accounting
Required
P. 140 703 Annual Audit
Required
P. 141 704 Development & Maintenance of inventory of fixed
assets & assets
accounting system
P. 141 705 Investments
Required
P. 144 706 Acceptance Of Gifts
Required
P. 144 707 Transportation Of Public School Students
Required
P. 147 709 Student Transportation Safety Policy
Required
P. 152 710 Extracurricular Transportation
P. 152 711 Videotaping On A School Bus
P. 153 712 Video Surveillance Other Than On Buses
P. 153 713 Student Activity Accounting
P. 155 720 Vending Machines
P. 157 801 Equal Access To Facilities Of Secondary Schools
Required
P. 158 802 Disposition Of Obsolete Equipment And Material
Required
P. 160 805 Waste Reduction And Recycling
Required
P. 162 806 Crisis Management Policy
Required
P. 172 901 Community Education
Required
P. 172 902 Use Of School District Facilities And Equipment
P. 173 903 Visitors To School District Buildings And Sites
P. 174 904 Distribution Of Materials On School Dist. .Property
By Non-school
Persons
P. 176 905 Advertising
P. 176 906 Community Notification Of Predatory Offenders
101 Legal Status Of The School District
Adopted: April 12, 2005
I. PURPOSE
It is a primary principle of this nation that the public welfare demands an
educated and informed citizenry. The power to provide for public education
is
a state function vested in the state legislature and delegated to local
school
districts. The purpose of this policy is to clarify the legal status of the
school district.
II. GENERAL STATEMENT OF POLICY
A. The school district is a public corporation subject to the control of the
legislature, limited only by constitutional restrictions. The school
district
has been created for educational purposes.
B. The legislature has authority to prescribe the school district's powers
and
privileges, its boundaries and territorial jurisdictions.
C. The school district has only the powers conferred on it by the
legislature;
however, the school board's authority to govern, manage, and control the
school district, to carry out its duties and responsibilities, and to conduct
the business of the school district includes implied powers in addition to
any
specific powers granted by the legislature.
III. RELATIONSHIP TO OTHER ENTITIES
A. The school district is a separate legal entity.
B. The school district is coordinate with and not subordinate to the
county(ies) in which it is situated.
C. The school district is not subservient to municipalities within its
territory.
IV. POWERS AND AUTHORITY OF THE SCHOOL DISTRICT
A. Funds
1. The school district, through its school board, has authority to raise
funds
for the operation and maintenance of its schools, & authority to manage &
expend such funds, subject to applicable law.
2. The school district has wide discretion over the expenditure of funds
under
its control for public purposes, subject to the limitations provided by law.
3. District officials hold a fiduciary position in the management & spending
of funds entrusted to them.
B. Raising Funds
1. The school district shall, within the limitations specified by law,
provide
by levy of tax necessary funds for the conduct of schools, payment of
indebtedness, and all proper expenses.
2. The school district may issue bonds in accordance with the provisions of
Minn. Stat. Ch. 475, or other applicable law
3. The school district has authority to accept gifts & donations for school
purposes, subject to law.
C. Property
1. The school district may acquire property for school purposes. It may
sell,
exchange, or otherwise dispose of property which is no longer needed for
school purposes, subject to applicable law.
2. The school district shall manage its property in a manner consistent with
the educational functions of the dist.
3. The school district may permit the use of its facilities for community
purposes which are not inconsistent with, nor disruptive of, its educational
mission.
4. District officials hold property as trustees for the use & benefit of
students, taxpayers & the community.
D. Contracts
1. The school district is empowered to enter into contracts in the manner
provided by law.
2. The school district has authority to enter into installment purchases and
leases with an option to purchase, pursuant to Minn. Stat. 465.71 or other
applicable law.
3. The school district has authority to make contracts with other
governmental
agencies and units for the purchase, lease or other acquisition of equipment,
supplies, materials, or other property, including real property.
4. The school district has authority to enter into employment contracts. As
a
public employer, the school district, through its designated representatives,
shall meet and negotiate with public employees in an appropriate bargaining
unit and enter into written collective bargaining agreements with such
employees, subject to applicable law.
E. Textbooks, Educational Materials, and Studies
1. The school district, through its school board and administrators, has the
authority to determine what textbooks, educational materials, and studies
should be pursued.
2. The school district shall establish and apply the school curriculum.
F. Actions and Suits
1. The school district has authority to sue and to be sued.
Policy 101.1 NAME OF THE SCHOOL DISTRICT
Adopted: April 12, 2005
I. PURPOSE
The purpose of this policy is to clarify the name of the school district.
II. GENERAL STATEMENT OF POLICY
Pursuant to statute, the official name of the school district is Independent
School District No. 0891. However, the school district is often
referred to by other informal names. In order to avoid confusion and to
encourage consistency in school district letterheads, signage, publications
and other materials, the school board intends to establish a uniform name for
the school district.
III. UNIFORM NAME
A. The name of the school district shall be Canby Public Schools.
B. The name specified above may be used to refer to the school district and
may be shown on school district letterheads, signage, publications and other
materials.
C. In official communications and on school district ballots, the school
district shall be referred to as Independent School District No. 0891, but
inadvertent failure to use the correct name shall not invalidate any legal
proceeding or matter or affect the validity of any document.
Policy 102 EQUAL EDUCATIONAL OPPORTUNITY Adopted:
April 12, 2005
I. PURPOSE
The purpose of this policy is to ensure that equal educational opportunity is
provided for all students of the district.
II. GENERAL STATEMENT OF POLICY
A. It is the school district's policy to provide equal educational
opportunity
for all students. The school district does not unlawfully discriminate on
the
basis of race, color, creed, religion, national origin, sex, marital status,
parental status, status with regard to public assistance, disability, sexual
orientation or age. The school district also makes reasonable accommodations
for disabled students.
B. The school district prohibits the harassment of any individual for any of
the categories listed above. For information about the types of conduct that
constitute violation of the school district's policy on harassment and
violence and the school district's procedures for addressing such complaints,
refer to the school district's policy on harassment and violence.
C. This policy applies to all areas of education including academics,
coursework, co-curricular and extracurricular activities, or other rights or
privileges of enrollment.
D. It is the responsibility of every school district employee to comply with
this policy conscientiously.
E. Any student, parent or guardian having any questions regarding this policy
should discuss it with the appropriate school district official as provided
by
policy. In the absence of a specific designee, an inquiry or a complaint
should be referred to the superintendent.
Policy 104 SCHOOL DISTRICT MISSION STATEMENT
Adopted: April 12, 2005
I. PURPOSE
This policy’s purpose is to establish a clear statement of the purpose for
which the school district exists.
II. GENERAL STATEMENT OF POLICY
The school board believes that a mission statement should be adopted. The
mission statement should be based on the beliefs and values of the community
should direct any change effort and should be the basis on which decisions
are
made. The school board, on behalf of and with extensive participation by the
community, should develop a consensus among its members regarding the nature
of the enterprise the school board governs, the purposes it serves, the
constituencies it should consider, including student representation, and the
results it intends to produce.
III. MISSION STATEMENT
The mission of public education in Minnesota, a system for lifelong learning,
is to ensure the individual academic achievement, an informed citizenry, and
a
highly productive work force. This system focuses on the learned, promotes
and
values diversity, provides participatory decision-making, ensures
accountability, models democratic principles, creates and sustains a climate
for change, provides personalized learning environments, encourages learners
to reach their maximum potential, and integrates and coordinates human
services for learners.
IV. REVIEW
The school board will review the school district's mission annually
Policy 201 LEGAL STATUS OF THE SCHOOL BOARD Adopted: April 12,
2005
I. PURPOSE
The care, management and control of the schools are vested by statutory and
constitutional authority in the school board. The school board shall carry
out the mission of the school district with diligence, prudence, and
dedication to the ideals of providing the finest public education. The
purpose of this policy is to define the authority, duties and powers of the
school board in carrying out its mission.
II. GENERAL STATEMENT OF POLICY
A. The school board is the governing body of the school district. As such,
the school board has responsibility for the care, management, and control
over
public schools in the school district.
B. Generally, elected members of the school board have binding authority only
when acting as a school board legally in session, except where specific
authority is provided to school board members or officers individually.
Generally, the school board is not bound by an action or statement on the
part
of an individual school board member unless the action is specifically
directed or authorized by the school board.
III. DEFINITION
"School board" means the governing body of the school district.
IV. ORGANIZATION AND MEMBERSHIP
A. The membership of the school board consists of six elected directors, or
seven if the school board has submitted the question to the electors and a
majority has approved a seven-member school board. The term of office is
four
years.
B. There may be other ex officio members of the school board as provided by
law. The superintendent is an ex officio member.
C. A majority of voting members constitutes a quorum. The act of the
majority
of a quorum is the act of the board.
V. POWERS AND DUTIES
A. The school board has powers and duties specified by statute. The school
board's authority includes implied powers in addition to specific powers
granted by the legislature.
B. The school board exercises administrative functions. It also has certain
powers of a legislative character and other powers of a quasi-judicial
character.
C. The school board shall superintend and manage the schools of the school
district; adopt rules for their organization, government, and instruction;
prescribe textbooks,courses of study; and make and authorize contracts.
D. The school board shall have the general charge of the business of the
school district, its facilities and property, and of the interest of the
schools.
E. The school board, among other duties, shall perform the following in
accordance with applicable law:
1. provide by levy of tax, necessary funds for the conduct of schools, the
payment of indebtedness, and all proper expenses of the school district;
2. conduct the business of the schools and pay indebtedness and proper
expenses;
3. make and authorize contracts;
4. employ and contract with necessary qualified teachers and discharge the
same for cause;
5. manage the schools; adopt rules for their organization, government, and
instruction; prescribe textbooks and courses of study; and make and authorize
contracts;
6. provide services to promote the health of its pupils;
7. provide school buildings and erect needed buildings;
8. purchase, sell, and exchange school district property and equipment as
deemed necessary by the school board for school purposes;
9. provide for payment of claims against the school district, and prosecute
and defend actions by or against the school district, in all proper cases;
10. employ and discharge necessary employees and contract for other services;
11. provide for transportation of pupils to and from school, as governed by
statute; and
12. procure insurance against liability of the school district, its officers
and employees.
F. The school board, at its discretion, may perform the following:
1. provide library facilities, public evening schools, adult and continuing
education programs, summer school programs and intersession classes of
flexible school year programs;
2. furnish school lunches for pupils and teachers on such terms as the school
board determines;
3. enter into agreements with one or more other independent school districts
to provide for agreed upon educational services;
4. lease rooms or buildings for school purposes;
5. authorize the use of school facilities for community purposes that will
not
interfere with their use for school purposes;
6. authorize cocurricular and extracurricular activities;
7. receive, for the benefit of the school district, bequests, donations, or
gifts for any proper purpose; and
8. perform other acts as the school board shall deem to be reasonably
necessary or required for the governance of the schools.
Policy 202 SCHOOL BOARD OFFICERS
Adopted: April 12, 2005
I. PURPOSE
School board officers are charged with the duty of carrying out the
responsibilities entrusted to them for the care, management, and control of
the public schools of the school district. The purpose of this policy is to
delineate those responsibilities.
II. GENERAL STATEMENT OF POLICY
A. The school board shall meet annually and organize by selecting a chair, a
clerk, a treasurer and such other officers as determined by the school board.
At its option, the school board may appoint a vice-chair to serve in the
temporary absence of the chair.
B. The school board shall appoint a superintendent who shall be an ex
officio,
nonvoting member of the board.
III. ORGANIZATION
The school board shall meet annually on the first Monday in January, or as
soon thereafter as practicable, and organize by selecting a chair, a clerk, a
treasurer, and such other officers as determined by the school board. These
officers shall hold office for one year and until their successors are
elected
and qualify
A. The persons who perform the duties of clerk and treasurer need not be
members of the school board.
B. The school board by resolution may combine the duties of the offices of
clerk and treasurer in a single person in the office of business affairs.
IV. OFFICERS' RESPONSIBILITIES
A. Chair.
1. The chair when present shall preside at all meetings of the school board,
countersign all orders upon the treasurer for claims allowed by the school
board, represent the school district in all actions and perform all duties a
chair usually performs.
2. In case of absence, inability, or refusal of the clerk to draw orders for
the payment of money authorized by a vote of the majority of the school board
to be paid, the chair may draw the orders, or the office of the clerk may be
declared vacant by the chair and treasurer and filled by appointment.
B. Treasurer.
1. The treasurer shall deposit the funds of the school district in the
official depository.
2. The treasurer shall make all reports which may be called for by the school
board and perform all duties a treasurer usually performs.
3. In the event there are insufficient funds on hand to pay valid orders
presented to the treasurer, the treasurer shall receive, endorse, and process
the orders in accordance with Minn. Stat. 123B.12.
C. Clerk
1. The clerk shall keep a record of all meetings in the books provided.
2. Within three days after an election, the clerk shall notify all persons
elected of their election.
3. On or before August 15 of each year, the clerk shall:
a. file with the school board a report of the revenues, expenditures and
balances in each fund for the preceding fiscal year.
b. make and transmit to the commissioner certified reports, showing:
(1) Condition and value of school property;
(2) Revenues and expenditures in detail, and such other financial information
required by law, rule, or as may be called for by the commissioner;
(3) Length of school term and enrollment and attendance by grades; and
(4) Other items of information as called for by the commissioner.
4. The clerk shall enter into the clerk's record book copies of all reports
and of the teacher's term reports, and of the proceedings of any meeting, and
keep an itemized account of all expenses of the school district.
5. The clerk shall furnish to the county auditor, on or before October 10, an
attested copy of the clerk's record, showing the amount of money voted by the
school district or the school board for school purposes.
6. The clerk shall draw and sign all orders upon the treasurer for the
payment
of money for bills allowed by the school board for salaries of officers and
for teacher's wages and all claims, to be countersigned by the chair.
7. The clerk shall perform such duties as required by the Minnesota Election
Law or other applicable laws relating to the conduct of elections.
D. Vice-Chair
The vice-chair shall perform the duties of the chair in the event of the
chairs temporary absence.
E. Superintendent.
1. The superintendent shall be an ex officio, nonvoting member of the school
board.
2. The superintendent shall perform the following:
a. visit and supervise the schools in the school district, report and make
recommendations about their condition when advisable or on request by the
school board;
b. recommend to the school board employment and dismissal of teachers;
c. superintend school grading practices and examinations for promotions;
d. make reports required by the commissioner; and
e. perform other duties prescribed by the school board.
Policy 203 OPERATION OF THE SCHOOL BOARD GOVERNING RULES Adopted:
April
12, 2005
I.PURPOSE
The purpose of this policy is to provide governing rules for the conduct of
meetings of the school board.
II. GENERAL STATEMENT OF POLICY
An orderly school board meeting allows school board members to participate in
discussion and decision of school district issues. Rules of order allow
school board members the opportunity to review school-related topics, discuss
school business items, and bring matters to conclusion in a timely and
consistent manner.
III. RULES OF ORDER
Rules of order for school board meetings shall be as follows:
A. Minnesota statutes where specified;
B. Specific rules of order as provided by the school board consistent with
Minnesota statutes; an
C. Robert's Rules of Order, Revised (latest edition) where not inconsistent
with A and B above.
Policy 203.1 SCHOOL BOARD PROCEDURES; RULES OF ORDER Adopted: April 12,
2005
I. PURPOSE
The purpose of this policy is to provide specific rules of order to conduct
meetings of the school board.
II. GENERAL STATEMENT OF POLICY
To ensure that school board meetings are conducted in an orderly fashion, the
school board will follow rules of order which will allow the school board:
A. To establish guidelines by which the business of the school board can be
conducted in a regular and internally consistent manner;
B. To organize the meetings so all necessary matters can be brought to the
school board and decisions of the school board can be made in an orderly and
reasonable manner;
C. To insure that members of the school board have the necessary information
to make decisions on substantive issues and to insure adequate discussion of
decisions to be made; and
D. To insure that meetings and actions of the school board are conducted so
as
to be informative to the staff and the public, and to produce a clear record
of actions taken and decisions made.
III. RULES OF ORDER
A. School board members need not rise to gain the recognition of the chair.
B. A motion will be adopted or carried if it receives the affirmative votes
of
a majority of those actually voting on the matter. Abstentions are
considered
to be acquiescence to the vote of the majority. It should be noted that some
motions by statute or Robert's Rules of Order require larger numbers of
affirmative votes.
C. All motions that require a second shall receive a second prior to opening
the issue for discussion of the school board. If a motion that requires a
second does not receive a second, the chair may declare that the motion fails
for lack of a second or may provide the second. The names of the members
making and seconding a motion shall be recorded in the minutes.
D. The chair shall decide the order in which school board members will be
recognized to address an issue. An attempt should be made to alternate
between pro and con positions if appropriate to the discussion. A member
shall only speak to an issue after the member is recognized by the chair.
E. The chair shall rule on all questions relating to motions and points of
order brought before the school board.
F. A ruling by the chair is subject to appeal to the full school board
pursuant to Robert's Rules of Order.
G. The school board shall have authority to recognize any member of the
audience regarding a request to be heard at the school board meeting.
Members
of the public who wish to be heard shall follow school board procedures.
H. The chair has the authority to declare a recess at any time for the
purpose
of restoring decorum to the meeting or for any other necessary purpose.
I. The chair shall repeat a motion or the substance of a motion prior to the
vote. The chair shall call for an affirmative and a negative vote on all
motions.
J. The order in which names will be called for roll call votes will be
determined by the school board.
[Note: The school board may choose to include in the policy a method of
calling the roll.]
K. The chair has the same right and responsibility as each school board
member
to vote on all issues.
L. The chair shall announce the result of each vote. The vote of each
member,
including abstentions, shall be recorded in the minutes. If the vote is
unanimous, it may be reflected as unanimous in the minutes if the minutes
also
reflect the members present.
M. A majority of the voting members of the school board constitute a quorum.
The absence of a quorum may be raised by the chair or any member. Generally
any action taken in the absence of a quorum is null and void. The only legal
actions the school board may take in the absence of a quorum are to fix the
time at which to adjourn, to adjourn, to recess or to take measures to obtain
a quorum.
[Note: In addition, school boards may have other rules or local customs they
wish to incorporate to reflect their normal processes and procedures.]
Policy 203.2 ORDER OF THE REGULAR SCHOOL BOARD MEETING
Adopted:
April 12, 2005
I. PURPOSE
The purpose of this policy is to ensure consistency in the order of business
at regular school board meetings.
II. GENERAL STATEMENT OF POLICY
It is the policy of the school board to consider matters that come before it
in a consistent and orderly manner.
III. ORDER
A. The school board shall conduct an orderly school board meeting. The
school
board will, at all regular school board meetings, follow an agenda order
similar to:
1. Call to order. 6. Principals Reports.
2. Approval of agenda. 7. Business.
3. Recognition of visitors. 8. Communications
4. Approval of prior meeting minutes. 9. Adjournment
5. Presentation of bills for payment.
B. Items in this order may be considered as part of a consent agenda.
C. The school board may depart from the order of business with the consent of
the majority of members present.
Policy 203.5 SCHOOL BOARD MEETING AGENDA
Adopted: April 12, 2005
I. PURPOSE
The purpose of this policy is to provide procedures for the preparation of
the
school board meeting agenda to ensure that the school board can accomplish
its
business as efficiently and expeditiously as possible.
II. GENERAL STATEMENT OF POLICY
It is the policy of the school board that school board meetings shall be
conducted in a manner to allow the school board to accomplish its business
while allowing reasoned debate and discussion of each matter to be acted
upon.
III. PROCEDURES
A. It shall be the responsibility of the school board chair and
superintendent
to develop, prepare and arrange the order of items for the tentative school
board meeting agenda for each school board meeting.
B. Persons wishing to place an item on the agenda must make a request to the
school board chair or superintendent in a timely manner. The person making
the request is encouraged to state the person's name, address, purpose of the
item, action desired and pertinent background information. The chair and
superintendent shall determine whether to place the matter on the tentative
agenda.
C. The tentative agenda and supporting documents shall be sent to the school
board members three days prior to the scheduled school board meeting.
D. Items may only be added to the agenda by a motion adopted at the meeting.
If an added item is acted upon, the minutes of the school board meeting shall
include a description of the matter.
E. At least one copy of any printed materials relating to the agenda items of
the meeting prepared or distributed by or at the direction of the school
board or its employees and: (i) distributed at the meeting to all members of
the governing body; (ii) distributed before the meeting to all members; or
(iii) available in the meeting room to all members shall be available in the
meeting room for inspection by the public while the school board considers
their subject matter. This does not apply to materials classified by law as
other than public or to materials relating to the agenda items of a closed
meeting.
Policy 204 SCHOOL BOARD MEETING MINUTES (State mandated)
Adopted:
April 12, 2005
I. PURPOSE
The purpose of this policy is to establish procedures relating to the
maintenance of records of the school board and the publication of its
official
proceedings.
II. GENERAL STATEMENT OF POLICY
It is the policy of the school district to maintain its records so that they
will be available for inspection by members of the general public and to
provide for the publication of its official proceedings in compliance with
law.
III. MAINTENANCE OF MINUTES AND RECORDS
The clerk shall keep and maintain permanent records of the school board,
including records of the minutes of school board meetings and other required
records of the school board. All votes taken at meetings required to be open
to the public pursuant to the Minnesota Open Meeting Law shall be recorded in
a journal kept for that purpose. Public records maintained by the school
district shall be available for inspection by members of the public during
the
regular business hours of the school district. Minutes of meetings shall be
available for inspection at the administrative offices of the school district
after they have been prepared. Minutes of a school board meeting shall be
approved or modified by the school board at a subsequent meeting, which
action
shall be reflected in the official proceedings of that subsequent meeting.
IV. PUBLICATION OF OFFICIAL PROCEEDINGS
A. The school board shall cause its official proceedings to be published once
in the official newspaper of the school district within thirty (30) days of
the meeting at which the proceedings occurred; however, if the school board
conducts regular meetings not more than once every thirty (30) days, the
school board need not publish the minutes until ten (10) days after they have
been approved by the school board.
B. The proceedings to be published shall be sufficiently full to fairly set
forth the proceedings. They must include the substance of all official
actions taken by the school board at any regular or special meeting, and at
minimum must include the subject matter of a motion, the persons making and
seconding the motion, a listing of how each member present voted on the
motion, the character of resolutions offered including a brief description of
their subject matter and whether adopted or defeated. The minutes and
permanent records of the school board may include more detail than is
required
to be published with the official proceedings. If the proceedings have not
yet been approved by the school board, the proceedings to be published may
reflect that fact.
C. The proceedings to be published may be a summary of the essential elements
of the proceedings, and/or of resolutions and other official actions of the
school board. Such a summary shall be written in a clear and coherent manner
and shall, to the extent possible, avoid the use of technical or legal terms
not generally familiar to the public. When a summary is published, the
publication shall clearly indicate that the published material is only a
summary and that the full text is available for public inspection at the
administrative offices of the school district and that a copy of the
proceedings, other than attachments to the minutes, is available without cost
at the istrict offices or by means of standard or e-mail.
Policy 205 OPEN MEETINGS AND CLOSED MEETINGS
Adopted: April 12, 2005
I. PURPOSE
A. The school board embraces the philosophy of openness in the conduct of its
business, in the belief that openness produces better programs, more
efficiency in administration of programs, and an organization more responsive
to public interest and less susceptible to private interest. The school
board
shall conduct its business under a presumption of openness. At the same
time,
the school board recognizes and respects the privacy rights of individuals as
provided by law. The school board also recognizes that there are certain
exceptions to the Minnesota Open Meeting Law as recognized in statute where
it
has been determined that, in limited circumstances, the public interest is
best served by closing a meeting of the school board.
B. The purpose of this policy is to provide guidelines to assure the rights
of
the public to be present at school board meetings, while also protecting the
individual's rights to privacy under law, and to close meetings when the
public interest so requires as recognized by law.
II. GENERAL STATEMENT OF POLICY
A. Except as otherwise expressly provided by statute, all meetings of the
school board, including executive sessions, shall be open to the public.
B. Meetings shall be closed only when expressly authorized by law.
III. DEFINITION
"Meeting" means a gathering of at least a quorum or more members of the
school
board, or quorum of a committee or subcommittee of school board members, at
which members discuss, decide, or receive information as a group on issues
relating to the official business of the school board. The term does not
include a chance or social gathering.
IV. PROCEDURES
A. Meetings
1. Regular Meetings
A schedule of the regular meetings of the school board shall be kept on file
at its primary offices. If the school board decides to hold a regular
meeting
at a time or place different from the time or place stated in its schedule,
it
shall give the same notice of the meeting as for a special meeting.
2. Special Meetings
a. For a special meeting, the school board shall post written notice of the
date, time, place, and purpose of the meeting on the principal bulletin board
of the school district or on the door of the school board's usual meeting
room
if there is no principal bulletin board. The school board's actions at the
special meeting are limited to those topics included in the notice.
b. The notice shall also be mailed or otherwise delivered to each person who
has filed a written request for notice of special meetings.
c. This notice shall be posted and mailed or delivered at least three days
before the date of the meeting. As an alternative to mailing or otherwise
delivering notice to persons who have filed a written request, the school
board may publish the notice once, at least three days before the meeting, in
the official newspaper of the school district or, if none, in a qualified
newspaper of general circulation within the area of the school district.
d. A person filing a request for notice of special meetings may limit the
request to particular subjects, in which case the school board is required to
send notice to that person only concerning those particular subjects.
e. The school board will establish an expiration date on requests for notice
of special meetings and require refiling once each year. Not more than 60
days before the expiration date of request for notice, the school board shall
send notice of the refiling requirement to each person who filed during the
preceding year.
3. Emergency Meetings
a. An emergency meeting is a special meeting called because of circumstances
that, in the judgment of the school board, require immediate consideration.
b. If matters not directly related to the emergency are discussed or acted
upon, the minutes of the meeting shall include a specific description of
those
matters.
c. The school board shall make good faith efforts to provide notice of the
emergency meeting to each news medium that has filed a written request for
notice if the request includes the news medium's telephone number.
d. Notice of the emergency meeting shall be given by telephone or any other
method used to notify the members of the school board.
e. Notice shall be provided to each news medium which has filed a written
request for notice as soon as reasonably practicable after notice has been
given to the school board members.
f. Notice shall include the subject of the meeting.
g. Posted or published notice of an emergency meeting shall not be required.
h. The notice requirements for an emergency meeting as set forth in this
policy shall supersede any other statutory notice requirement for a special
meeting that is an emergency meeting.
4. Recessed or Continued Meetings
If a meeting is a recessed or continued session of a previous meeting, and
the
time and place of the meeting was established during the previous meeting and
recorded in the minutes of that meeting, then no further published or mailed
notice is necessary.
5. Closed Meetings
The notice requirements of the Minnesota Open Meeting Law apply to closed
meetings.
6. Actual Notice
If a person receives actual notice of a meeting of the school board at least
24 hours before the meeting, all notice requirements are satisfied with
respect to that person, regardless of the method of receipt of notice.
B The votes of school board members shall be recorded in a journal kept for
that purpose, and the journal shall be available to the public during all
normal business hours at the school district offices.
C. Written Materials
1. In any open meeting, a copy of any printed materials relating to the
agenda
items prepared or distributed by the school board or its employees and
distributed to or available to all school board members shall be available in
the meeting room for inspection by the public while the school board
considers
their subject matter.
2. This provision does not apply to materials not classified by law as
public,
or to materials relating to the agenda items of a closed meeting.
D. Data
1. Meetings may not be closed merely because the data to be discussed are not
public data.
2. Data that are not public data may be discussed at an open meeting if the
disclosure relates to a matter within the scope of the school board's
authority and is reasonably necessary to conduct the business or agenda item
before the school board.
3. Data discussed at an open meeting retain the data's original
classification; however, a record of the meeting, regardless of form, shall
be
public.
E. Closed Meetings
1. Labor Negotiations
a. The school board may, by a majority vote in a public meeting, decide to
hold a closed meeting to consider strategy for labor negotiations, including
negotiation strategies or developments or discussion and review of labor
negotiation proposals.
b. The time and place of the closed meeting shall be announced at the public
meeting. A written roll of school board members and all other persons
present
at the closed meeting shall be made available to the public after the closed
meeting. The proceedings shall be tape recorded, and the tape recording
shall
be preserved for two years after the contract discussed at the meeting is
signed. The recording shall be made available to the public after all labor
contracts are signed by the board for the current budget.
2. Sessions Closed by Bureau of Mediation Services
All negotiations, mediation sessions, and hearings between the school board
and its employees or their respective representatives are public meetings
except when otherwise provided by the Commissioner.
3. Preliminary Consideration of Charges
The school board shall close one or more meetings for preliminary
consideration of allegations or charges against an individual subject to its
authority. If the school board members conclude that discipline of any
nature
may be warranted as a result of those specific charges or allegations,
further
meetings or hearings relating to those specific charges or allegations held
after that conclusion is reached must be open. A meeting must also be open
at
the request of the individual who is the subject of the meeting.
4. Performance Evaluations
The school board may close a meeting to evaluate the performance of an
individual who is subject to its authority. The school board shall identify
the individual to be evaluated prior to closing a meeting. At its next open
meeting, the school board shall summarize its conclusions regarding the
evaluation. A meeting must be open at the request of the individual who is
the subject of the meeting.
5. Attorney-Client Meeting
A meeting may be closed if permitted by the attorney-client privilege.
Attorney-client privilege applies when litigation is imminent or threatened,
or when the school board needs advice above the level of general legal
advice,
i.e., regarding specific acts and their legal consequences. A meeting may be
closed to seek legal advice concerning litigation strategy, but the mere
threat that litigation might be a consequence of deciding a matter one way or
another does not, by itself, justify closing the meeting. The motion to
close
the meeting must specifically describe the matter to be discussed at the
closed meeting, subject to relevant privacy and confidentiality
considerations
under state and federal law.
6. Dismissal Hearing
a. A hearing on the dismissal of a licensed teacher shall be public or
private
at the teacher's discretion. A hearing regarding placement of teachers on
unrequested leave of absence shall be public.
b. A hearing on dismissal of a student pursuant to the Pupil Fair Dismissal
Act shall be closed unless the pupil, parent or guardian requests an open
hearing.
7. Meetings to Discuss Certain Not Public Data
Any portion of a meeting must be closed if the following types of data are
discussed
a. data that would identify alleged victims or reporters of criminal sexual
conduct, domestic abuse, or maltreatment of minors or vulnerable adults;
b. active investigative data collected or created by a law enforcement
agency; or
c. educational data, health data, medical data, welfare data, or mental
health
data that are not public data.
8. Purchase and Sale of Property
a. The school board may close a meeting:
(1) to determine the price for real or personal property to be sold by the
district;
(2) to review confidential or nonpublic appraisal data; and
(3) to develop or consider offers for the purchase or sale of property.
b. Before closing the meeting, the school board must identify on the record
the particular real or personal property that is the subject of the closed
meeting.
c. The closed meeting must be tape recorded at the expense of the school
district. The tape must be preserved for eight (8) years after the date of
the meeting and be made available to the public after all real or personal
property discussed at the meeting has been purchased or sold or the school
board has abandoned the purchase or sale. The real or personal property that
is the subject of the closed meeting must be specifically identified on the
tape. A list of school board members and all other persons present at the
closed meeting must be made available to the public after the closed meeting.
d. An agreement reached that is based on an offer considered at a closed
meeting is contingent on its approval by the school board at an open meeting.
The actual purchase or sale must be approved at an open meeting and the
purchase or sale price is public data.
9. Security Matters
a. The school board may close a meeting to receive security briefings and
reports, to discuss issues related to security systems, to discuss emergency
response procedures, and to discuss security deficiencies in or
recommendations regarding public services, infrastructure, and facilities, if
disclosure of the information discussed would pose a danger to public safety
or compromise security procedures or responses.
b. Financial issues related to security matters must be discussed and all
related financial decisions must be made at an open meeting.
c. Before closing a meeting, the school board must refer to the facilities,
systems, procedures, services, or infrastructures to be considered during the
closed meeting.
d. The closed meeting must be tape recorded at the expense of the school
district and the recording must be preserved for at least four (4) years.
10. Other meetings shall be closed as provided by law.
F. Procedures for Closing a Meeting
The school board shall provide notice of a closed meeting just as for an open
meeting. A school board meeting may be closed only after a majority vote at
a
public meeting. Before closing a meeting, the school board shall state on
the
record the specific authority permitting the meeting to be closed and shall
describe the subject to be discussed.
Policy 207 PUBLIC HEARINGS
Adopted: April 12, 2005
I. PURPOSE
The school board recognizes the importance of obtaining public input on
matters properly before the school board. The purpose of this policy is to
establish procedures to efficiently receive public input.
II. GENERAL STATEMENT OF POLICY
In order for the school board to efficiently receive public input on matters
properly before the school board, the procedures set forth in this policy are
established by the school board.
III. PROCEDURES
A. Public Hearings
Public hearings are required by law to be held concerning certain issues,
including but not limited to, school closings (Minn. Stat. 123B.51), truth in
taxation (Minn. Stat. 275.065), education district establishment (Minn. Stat.
123A.15), and agreements for secondary education (Minn. Stat. 123A.30).
Additionally, other public hearings may be held by the school board on school
district matters at the discretion of the school board.
B. Notice of Public Hearings
Public notice of a public hearing required by law shall be given as provided
by the enabling legislation. Public notice of other hearings shall be given
in the manner required for a regular meeting if held in conjunction with a
regular meeting, in the manner required for a special meeting if held in
conjunction with a special meeting, or as otherwise determined by the school
board.
C. Public Participation
The school board retains the right to require that those in attendance at a
public hearing indicate their desire to address the school board and complete
and file with the clerk of the school board an appropriate request card prior
to the commencement of the hearing if the school board utilizes this
procedure. In that case, any request to address the school board after the
commencement of the hearing will be granted only at the discretion of the
school board.
1. Format of Request: If required by the school board, a written request of
an individual or a group to address the school board shall contain the name
and address of the person or group seeking to address the school board. It
shall also contain the name of the group represented, if any, and a brief
statement of the subject to be covered or the issue to be addressed.
2. Time Limitation: The school board retains the discretion to limit the
time
for each presentation as needs dictate.
3. Groups: The school board retains the discretion to require that any group
of persons who desire to address the school board designate one
representative
or spokesperson. In the event that the school board requires the
designation
of a representative or spokesperson, no other person in the group will be
recognized to address the school board, except as otherwise determined by the
school board.
4. Privilege to Speak: A school board member should direct any remarks or
questions through the chair. Only those speakers recognized by the chair
will
be allowed to speak. Comments by others are out of order. Individuals who
interfere with or interrupt speakers, the school board, or the proceedings
may
be directed to leave.
5. Personal Attacks: Personal attacks by anyone addressing the school board
are unacceptable. Persistence in such remarks by an individual shall
terminate
that person's privilege to address the school board.
6. Limitations on Participation: Depending upon the number of persons in
attendance seeking to be heard, the school board reserves the right to impose
such other limitations and restrictions as necessary in order to provide an
orderly, efficient and fair opportunity for those present to be heard.
Policy 209 CODE OF ETHICS
Adopted: April 12, 2005
I. PURPOSE
The purpose of this policy is to assist school board members in recognizing
the role of individual school board members & the contribution thy must make
to develop an effective & responsible school board.
II. GENERAL STATEMENT OF POLICY
Each school board member shall follow the code of ethics stated in this
policy.
A. AS A MEMBER OF THE SCHOOL BOARD I WILL:
1. Listen.
2. Recognize the integrity of my predecessors and associates.
3. Appreciate the merit of their work.
4. Be motivated only by a desire to serve the pupils of my district.
5. Attempt to inform myself on the proper duties and functions of a school
board member.
6. Recognize that it is my responsibility, together with other school board
members, to see that the schools are properly run, not to run them myself.
7. Work through the administration employees of the school board not over or
around them.
8. Recognize that school business may be legally transacted only in an open
meeting of the school board.
B. IN PERFORMING THE PROPER FUNCTIONS OF A SCHOOL BOARD MEMBER I WILL:
1. Perform under education policies unless necessity requires otherwise.
2. Function in meeting the legal responsibility that is mine as part of a
policy-forming body not as an administrative officer.
3. Consider myself a trustee of public education and do my best to protect,
conserve, and advance its progress.
C. TO MAINTAIN RELATIONS WITH OTHER MEMBERS OF THE SCHOOL BOARD I WILL:
1. Respect the right of others to have and express opinions.
2. Recognize that authority rests with the school board in legal session not
with the individual members of the school board except as authorized by law.
3. Make no disparaging remarks, in or out of school board meetings, about
other members of the school board or their opinions.
4. Recognize that to promise in advance of a meeting how I will vote on any
proposition is to close my mind & agree not to think through other points of
view presented at the meeting.
5. Make decisions in board meetings only after all sides of debated issues
have been presented.
6. Delegate details of school board action to administrative employees.
7. Insist that appointed special committees serve only in an advisory
capacity
to the board.
D. IN MEETING MY RESPONSIBILITIES TO MY COMMUNITY I WILL:
1. Attempt to appraise both the present and future educational needs of the
school district.
2. Attempt to obtain adequate financial support for the school program.
3. Interpret the needs and attitudes of the community and do my best to
translate them into the educational program of the school district.
4. Consider it an important responsibility to interpret the educational
program of the school as it r elates to the needs of the community.
5. Insist that business transactions of the district be on an ethical, open,
and above board basis.
E. IN WORKING WITH THE SUPERINTENDENT OF SCHOOLS AND STAFF I WILL:
1. Hold the superintendent responsible for the administration of the school
district.
2. Give the superintendent authority commensurate with the responsibility.
3. Assure that the district will be administered by the best professional
personnel available.
4. Consider the recommendation of the superintendent in the appointment of
all
employees.
5. Participate in board action after considering the recommendation of the
superintendent & only after the superintendent has furnished adequate
information supporting the recommendation.
6. Expect the superintendent to keep the school board adequately informed at
all times through both oral and written reports.
7. Spend adequate time in school board meetings on educational policies.
8. Give the superintendent counsel and advice.
9. Recognize the status of the superintendent as an ex officio member of the
school board.
10. Refer all complaints to the proper administrative officer or insist that
they be presented in writing to the whole school board.
11. Present any personal criticisms of employees to the superintendent.
12. Provide support for the superintendent and employees of the school
district so they may perform their proper functions on a professional level.
F. IN FULFILLING MY LEGAL OBLIGATIONS AS A SCHOOL BOARD MEMBER I WILL:
1. Comply with all federal, state & local laws relating to my function as a
school board member.
2. Comply with all school district policies as adopted by the school board.
3. Abide by all rules and regulations as promulgated by the Minnesota
Department of Education and other federal and state agencies with
jurisdiction
over school districts.
Policy 210 CONFLICT OF INTEREST - SCHOOL BOARD MEMBERS
Adopted: April
12, 2005
I. PURPOSE
The purpose of this policy is to observe state statutes regarding conflicts
of
interest and to engage in school district business activities in a fashion
designed to avoid any conflict of interest or the appearance of impropriety.
II. GENERAL STATEMENT OF POLICY
It is the policy of the school board to contract for goods and services in
conformance with statutory conflict of interest laws and in a manner that
will
avoid any conflict of interest or the appearance thereof. Accordingly, the
school board will contract under the statutory exception provisions only when
it is clearly in the best interest of the school district because of
limitations that may exist on goods or services otherwise available to the
school district.
III. GENERAL PROHIBITIONS AND RECOGNIZED STATUTORY EXCEPTIONS
A. A school board member who is authorized to take part in any manner in
making any sale, lease, or contract in his or her official capacity shall not
voluntarily have a personal financial interest in that sale, lease, or
contract or personally benefit financially therefore.
B. In the following circumstances, however, the school board may as an
exception, by unanimous vote, contract for goods or services with a school
board member of the school district
1. In the designation of a bank or savings association, in which a school
board member is interested, as an authorized depository for school district
funds and as a source of borrowing, provided such deposited funds are
protected in accordance with Minn. Stat. Ch. 118A. Any school board member
having said interest shall disclose that interest and the interest shall be
entered upon the minutes of the school board. Disclosure must be made when
such bank or savings association is first designated as a depository or
source
of borrowing, or when such s board member is elected, whichever is later.
Disclosure serves as notice of interest & must only be made once;
2. The designation of an official newspaper, or publication of official
matters therein, in which the school board member is interested when it is
the
only newspaper complying with statutory requirements relating to the
designation or publication;
3. A contract with a cooperative association of which the school board member
is a shareholder or stockholder but not an officer or manager;
4. A contract for which competitive bids are not required by law. A contract
made under this exception will be void unless the following procedures are
observed:
a. The school board must authorize the contract in advance of its performance
by adopting a resolution setting out the essential facts & determining the
contract price is as low as or lower than a price at which the goods or
services could be obtained elsewhere.
b. In the case of an emergency when the contract cannot be authorized in
advance, payment of the claims must be authorized by a like resolution
wherein
the facts of the emergency are also stated.
c. Before a claim is paid, the interested school board member must file with
the clerk of the school board an affidavit stating:
(1) The name of the school board member and the office held;
(2) An itemization of the goods or services furnished;
(3) The contract price;
(4) The reasonable value;
(5) The interest of the school board member in the contract; and
(6) That to the best of the board member's knowledge and belief, the contract
price is as low as, or lower than, the price at which the goods or services
could be obtained from other sources.
5. A school board member may contract with the school district to provide
construction materials or services, or both, when the sealed bid process is
used. When the contract comes before the school board for consideration, the
interested school board member may not vote on the contract. (Note: This
section applies only where the school district has a population of 1,000 or
less according to the last federal census.)
6. A school board member may rent space in a public facility at a rate
commensurate with that paid by other members of the public.
C. In the following circumstances, the school board may as an exception, by
majority vote at a meeting where all school board members are present,
contract for services with a school board member of the school district: A
school board member may be newly employed or may continue to be employed by
the school district as an employee where there is a reasonable expectation on
July 1, or at the time the contract is entered into or extended, that the
amount to be earned by that school board member under that contract or
employment relationship, will not exceed $8,000 in that fiscal year. If the
school board member does not receive majority approval to be initially
employed or to continue in employment at a meeting where all school board
members are present, that employment must be immediately terminated and that
school board member will have no further rights to employment while serving
as
a school board member in the school district.
IV. LIMITATIONS ON RELATED EMPLOYEES
A. The school board can hire or dismiss teachers only at duly called
meetings.
Where a husband and wife, brother and sister, or two brothers or sisters,
constitute a quorum, no contract employing a teacher may be made or
authorized
except upon the unanimous vote of the full school board.
B. The school board may not employ any teacher related by blood or marriage
to
a board member, within the fourth degree as computed by the civil law, except
by a unanimous vote of the full board.
V. CONFLICTS PRIOR TO TAKING OFFICE
A school board member with personal financial interest in a sale, lease, or
contract with the school district which was entered before the school board
member took office and presents an actual or potential conflict of interest,
shall immediately notify the school board of such interest. It shall
thereafter be the responsibility of the school board member to refrain from
participating in any action relating to the sale, lease, or contract. At the
time of renewal of any such sale, lease, or contract, the school board may
enter into or renew such sale, lease, or contract only if it falls within one
of the enumerated exceptions for contracts relating to goods or services
provided above and if the procedures provided in this policy are followed.
VI. DETERMINATION AS TO WHETHER A CONFLICT OF INTEREST EXISTS
The determination as to whether a conflict of interest exists is to be made
by
the school board. Any school board member who has an actual or potential
conflict shall notify the school board of such conflict immediately. The
school board member shall thereafter cooperate with the school board as
necessary for the school board to make its determination.
Policy 211 CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL
BOARD
MEMBER, EMPLOYEE OR STUDENT
Adopted: April 12, 2005
I. PURPOSE
The purpose of this policy is to provide guidance as to the school district's
position, rights, and responsibilities when a civil or criminal action is
pending against the school district, or a school board member, district
employee or student.
II. GENERAL STATEMENT OF POLICY
A. The school district recognizes that, when civil or criminal actions are
pending against a school board member, school district employee, or student,
the school district may be requested or required to take action.
B. In responding to such requests and/or requirements, the school district
will take such measures as are appropriate to its primary mission of
providing
for the education of students in an environment that is safe for staff and
students and is conducive to learning.
C. The school district acknowledges its statutory obligations with respect to
providing assistance to school board members and teachers who are sued in
connection with performance of school district duties. Collective bargaining
agreement and school district policies may also apply.
III. CIVIL ACTIONS
A. Pursuant to Minn. Stat. 466.07, Subd. 1, the school district shall defend
and indemnify any school board member or school district employee for damages
in school-related litigation, including punitive damages, claimed or levied
against the school board member or employee, provided that he or she was
acting in the performance of the duties of the position and was not guilty of
malfeasance, willful neglect of duty, or bad faith.
B. Pursuant to Minn. Stat. 123B.25(b), with respect to teachers employed by
the school district, upon written request of the teacher involved, the school
district shall provide legal counsel for any school teacher against whom a
claim is made or action is brought for recovery of damages in any tort action
involving physical injury to any person or property or for wrongful death
arising out of or in connection with the employment of the teacher with the
school district. The school district will choose legal counsel after
consultation with the teacher.
C. Data Practices
Educational data and personnel data maintained by the school district may be
sought as evidence in a civil proceeding. The school district will release
the data only pursuant to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, and to the Family Educational Rights and Privacy Act, 20 U.S.C.
1232g and related regulations. When an employee is subpoenaed and is
expected
to testify regarding educational data or personnel data, he or she is to
inform the building administrator or designated supervisor, who shall
immediately inform the superintendent or designee. No school board member or
employee may release data without consultation in advance with the school
district official who is designated as the authority responsible for the
collection, use and dissemination of data.
D. Service of Subpoenas
It is the policy of the school district that its officers and employees will
normally not be involved in providing service of process for third parties in
the school setting.
E. Leave to Testify
Leave for employees appearing in court, either when sued or under subpoena to
testify, will be considered in accordance with school district personnel
policies and applicable collective bargaining agreements.
IV. CRIMINAL CHARGES OR CONDUCT
A. Employee
1. The school district expects that its employees serve as positive role
models for students. As role models for students, employees have a duty to
conduct themselves in an exemplary manner.
2. If the school district receives information relating to activities of a
criminal nature, by an employee, the school district will investigate and
take
appropriate disciplinary action, which may include discharge, subject to
school district policies, statutes and provisions of applicable collective
bargaining agreements.
B. Students
The school district has an interest in maintaining a safe and healthful
environment and in preventing disruption of the educational process. In
order
to further that interest, the school district will take appropriate action
regarding students convicted of crimes that relate to the school environment.
C. Criminal Investigations
1. It is the policy of the school district to cooperate with law enforcement
officials. The school district will make all efforts, however, to encourage
law enforcement officials to question students and employees outside of
school
hours and off school premises unless there are extenuating circumstances or
the matter being investigated is school-related, or as otherwise provided by
law.
2. If such questioning at school is unavoidable, the school district will
attempt to maintain confidentiality, to avoid embarrassment to students and
employees and to avoid disruption of the educational program. The school
district will attempt to notify parents of a student under age 18 that police
will be questioning their child. Normally, the superintendent, principal, or
other appropriate school official will be present during the interview,
except
as otherwise required by law (Minn. Stat. 626.556, Subd. 10), or as otherwise
determined in consultation with the parent or guardian.
D. Data Practices
The school district will release to juvenile justice and law enforcement
authorities educational and personnel data only in accordance with Minn.
Stat.
Ch. 13 (Minnesota Government Data Practices Act) and 20 U.S.C. 1232g (FERPA).
V. STATEMENTS WHEN LITIGATION IS PENDING
The school district recognizes that when a civil or criminal action is
commenced or pending, parties to the lawsuit have particular duties in
reference to persons involved or named in the lawsuit, as well as insurance
carrier(s). Therefore, school board members or school district employees
shall make or release statements in that situation only in consultation with
legal counsel.
Policy 212 SCHOOL BOARD MEMBER DEVELOPMENT Adopted:
April 12, 2005
I. PURPOSE
In recognition of the need for continuing in-service training and development
for its members, the purpose of this policy is to encourage the members of
the
school board to participate in professional development activities designed
for them so that they may perform their responsibilities.
II. GENERAL STATEMENT OF POLICY
A. New school board members will be provided the opportunity and
encouragement
to attend the orientation and training sessions sponsored by the Minnesota
School Boards Association.
B. B. All school board members are encouraged to participate in school
board
and related workshops and activities sponsored by local, state and national
school boards associations, as well as in the activities of other educational
groups
C. School board members are expected to report back to the school board with
materials of interest gathered at the various meetings and workshops.
D. The school board will reimburse the necessary expenses of all school board
members who attend meetings and conventions pertaining to school activities
and the objectives of the school board, within the approved policy and budget
allocations of the school district relating to the reimbursement of expenses
involving the attendance at workshops and conventions.
Policy 301 SCHOOL DISTRICT ADMINISTRATION
Adopted : April 26, 2005
I. PURPOSE
The purpose of this policy is to clarify the role of the school district
administration and its relationship with the school board.
II. GENERAL STATEMENT OF POLICY
A. Effective administration and sound management practices
are essential to
realizing educational excellence. It is the responsibility of the school
district administration to develop a school environment that recognizes the
dignity of each student and employee, and the right of each student to access
educational programs and services.
B. The school board expects all activities related to the
operation of the
school district to be administered in a well-planned manner, conducted in an
orderly fashion, and to be consistent with the policies of the school board.
C. The school board shall seek specific recommendations,
background
information and professional advice from the district administration, and
will
hold the administration accountable for sound management of the schools.
D. Although the school board holds the superintendent
ultimately responsible
for administration of the school district, the school board also recognizes
the direct responsibility of principals for educational results and effective
leadership at the school building level.
E. The school board and administration shall work together
to share
information and decisions that best serve the needs of school district
students within financial and facility constraints that may exist.
Policy 302 SUPERINTENDENT
Adopted: April 26, 2005
I. PURPOSE
The purpose of this policy is to recognize the importance of the role of the
superintendent and the overall responsibility of that position within the
school district.
II. GENERAL STATEMENT OF POLICY
The school board shall employ a superintendent who shall serve as an ex
officio, nonvoting member of the school board and as chief executive officer
of the school system.
III. GENERAL RESPONSIBILITIES
A. The superintendent is responsible for the management of
the schools, the
administration of all school district policies, and is directly accountable
to
the school board.
B. The superintendent may delegate responsibilities to other
school district
personnel, but shall continue to be accountable for actions taken under such
delegation.
C. Where responsibilities are not specifically prescribed,
nor school board
policy applicable, the superintendent shall use personal and professional
judgment, subject to review by the school board.
Policy 303 SUPERINTENDENT SELECTION
Adopted: April 26, 2005
I. PURPOSE
The purpose of this policy is to convey to the school community that the
authority to select and employ a superintendent is vested in the school
board.
II. GENERAL STATEMENT OF POLICY
The school board shall employ a superintendent to serve as the chief
executive
officer of the school board and to conduct the daily operations of the school
district.
III. QUALIFICATIONS
A. The school board shall consider applicants who meet or exceed the
licensing standards set by the Minnesota Board of School Administrators and
qualifications established in the job description for the superintendent
position. State and federal equal employment and nondiscrimination
requirements shall be observed throughout the recruitment and selection
process.
B. The school board will consider professional preparation,
experience, skill
and demonstrated competence of qualified applicants in making a final
decision.
IV. SELECTION
A. A process for recruitment, screening, & interviewing of
candidates shall
be developed by the school board.
B. The school board may contract for assistance in the search for a
superintendent.
C. The school board shall provide the contract for the superintendent
and
specifically identify all conditions of employment mutually agreed upon with
the superintendent. In so doing, the school board shall observe all
requirements of state and federal law and school board policy.
Policy 304 SUPERINTENDENT CONTRACT, DUTIES, AND EVALUATION
Adopted: April 26,
2005
I. PURPOSE
The purpose of this policy is to provide for the use of an employment
contract
with the superintendent, a position description and the use of an approved
instrument to evaluate performance.
II. GENERAL STATEMENT OF POLICY
A. The superintendent’s contract shall be used to formalize the
employment
relationship and to specifically identify and clarify all conditions of
employment with the superintendent.
B. The specific duties for which the superintendent is accountable
shall be
set forth in a position description for the superintendent and shall be
measured by a performance appraisal instrument approved by the school board
in
consultation with the superintendent. The school board shall use this
instrument to periodically evaluate the performance of the superintendent.
C. The school board may use the model contract approved by the boards
of the
Minnesota School
Boards Association and the Minnesota Association of School Administrators as
a
model instrument.
Policy 305 POLICY IMPLEMENTATION
Adopted: April 26, 2005
I. PURPOSE
The purpose of this policy is to clarify the responsibility of the school
administration for implementation of school board policy.
II. GENERAL STATEMENT OF POLICY
A. It shall be the responsibility of the superintendent to implement
school
board policy and to recommend additions or modifications thereto. The
administration is authorized to develop guidelines and directives to
effectuate the implementation of school board policies. These guidelines and
directives shall not be inconsistent with said policies.
B. Employee & student handbooks shall be subject to annual review
and
approval by the school board.
C. School principals and other administrators who have handbook
responsibilities shall present recommended changes necessary to reflect new
or
modified policies. Changes of substance within handbooks shall be reviewed
by
the superintendent to assure compliance with school board policy and shall be
approved by the school board.
306 ADMINISTRATOR CODE OF ETHICS
Adopted: April 26, 2005
I. PURPOSE
The purpose of this policy is to establish the requirements of the school
board that school administrators adhere to the standards of ethics and
professional conduct in this policy and Minnesota law.
II. GENERAL STATEMENT OF POLICY
A. An educational administrator’s professional behavior must conform to
an
ethical code. The code must be idealistic and at the same time practical, so
that it can apply reasonably to all educational administrators. The
administrator acknowledges that the schools belong to the public they serve
for the purpose of providing educational opportunities to all. However, the
administrator assumes responsibility for providing professional leadership in
the school and community. This responsibility requires the administrator to
maintain standards of exemplary professional conduct. It must be recognized
that the administrator’s actions will be viewed and appraised by the
community, professional associates, and students. To these ends, the
administrator must subscribe to the following standards.
B. The Educational Administrator:
1. Makes the well-being of students the fundamental value of all
decision-making and actions.
2. Fulfills professional responsibilities with honesty and integrity.
3. Supports the principle of due process and protects the civil and human
rights of all individuals.
4. Obeys local, state, and national laws and does not knowingly join or
support organizations that
advocate, directly or indirectly, the overthrow of the government.
5. Implements the school board’s policies.
6. Pursues appropriate measures to correct those laws, policies, and
regulations that are not consistent
with sound educational goals.
7. Avoids using positions for personal gain through political, social,
religious, economic, or other influence.
8. Accepts academic degrees or professional certification only from duly
accredited institutions.
9. Maintains the standards and seeks to improve the effectiveness of the
profession through research and continuing professional development.
10. Honors all contracts until fulfillment, release, or dissolution is
mutually agreed upon by all parties to the contract.
11. Adheres to the code of ethics for administrators in Minnesota law.
Model Policy 401 EQUAL EMPLOYMENT OPPORTUNITY
Approved: June 28, 2005
[NOTE: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to provide equal employment opportunity for all
applicants for school district employment and school district employees.
II. GENERAL STATEMENT OF POLICY
A. It is the school district's policy to provide equal employment opportunity
for all applicants and employees. The school district does not unlawfully
discriminate on the basis of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability,
sexual orientation, age, family care leave status or veteran status. The
school district also makes reasonable accommodations for disabled employees.
B. The school district prohibits the harassment of any individual for any of
the categories listed above. For information about the types of conduct that
constitute impermissible harassment and the school district's internal
procedures for addressing complaints of harassment, please refer to the
school
district's policy on harassment and violence.
C. This policy applies to all areas of employment including hiring,
discharge,
promotion, compensation, facilities or privileges of employment.
D. It is the responsibility of every school district employee to follow this
policy.
E. Any person having any questions regarding this policy should discuss it
with Human Resources Officer.
Policy 402 DISABILITY NONDISCRIMINATION POLICY
Approved: June 28, 2005
[NOTE: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to provide a fair employment setting for all
persons and to comply with state and federal law.
II. GENERAL STATEMENT OF POLICY
A. The school district shall not discriminate against qualified individuals
with disabilities, because of the disabilities, in regard to job application
procedures, hiring, advancement, discharge, compensation, job training, and
other terms, conditions, and privileges of employment.
B. The school district shall not engage in contractual or other arrangements
that have the effect of subjecting its qualified applicants or employees with
disabilities to discrimination on the basis of disability. The school
district shall not exclude or otherwise deny equal jobs or job benefits to a
qualified individual because of the known disability of an individual with
whom the qualified individual is known to have a relationship or association.
C. The school district shall make reasonable accommodations for the known
physical or mental limitations of an otherwise qualified individual with a
disability who is an applicant or employee, unless the accommodation would
impose undue hardship on the operation of the business of the school
district.
D. Any job applicant or employee wishing to discuss the need for a reasonable
accommodation, or other matters related to a disability or the enforcement
and
application of this policy, should contact the Superintendent of Schools.
Policy 403 DISCIPLINE, SUSPENSION AND DISMISSAL OF SCHOOL DISTRICT EMPLOYEES
Approved: 11 28 2005
I. PURPOSE
The purpose of this policy is to achieve the effective operation of the
school district's programs through the cooperation of all employees under a
system of policies and rules applied fairly and uniformly.
II. GENERAL STATEMENT OF POLICY
The disciplinary process described herein is designed to utilize progressive
steps, where appropriate, to produce positive corrective action. While the
school district intends that in most cases progressive discipline will be
administered, the specific form of discipline chosen in a particular case
and/or the decision to impose discipline in a manner otherwise, is solely
within the discretion of the school district.
III. DISCIPLINE
A. Violation of School Laws and Rules.
The form of discipline imposed for violations of school laws and rules may
vary from an oral reprimand to termination of employment or discharge
depending upon factors such as the nature of the violation, whether the
violation was intentional, knowing and/or willful and whether the employee
has
been the subject of prior disciplinary action of the same or a different
nature. School laws and rules to which this provision applies include:
1. policies of the school district; 2. directives and/or job requirements
imposed by administration and/or the employee's supervisor; and 3. federal,
state and local laws, rules and regulations, including, but not limited to,
the rules and regulations adopted by federal and state agencies.
B. Substandard Performance.
An employee's substandard performance may result in the imposition of
discipline ranging from an oral reprimand to termination of employment or
discharge. In most instances, discipline imposed for the reason of
substandard performance will follow a progressive format and will be
accompanied by guidance, help and encouragement to improve from the
employee's
supervisor and reasonable time for correction of the employee's deficiency.
C. Misconduct.
Misconduct of an employee will result in the imposition of discipline
consistent with the seriousness of the misconduct. Conduct which falls into
this category includes, but is not limited to:
1. unprofessional conduct;
2. failure to observe rules, regulations, policies and standards of the
school district and/or directives and orders of supervisors and any other act
of an insubordinate nature;
3. continuing neglect of duties in spite of oral warnings, written warnings
and/or other forms of discipline;
4. personal and/or immoral misconduct;
5. use of illegal drugs, alcohol or any other chemical substance on the job
or any use off the job which impacts on the employee's performance;
6. deliberate and serious violation of the rights and freedoms of other
employees, students, parents or other persons in the school community;
7. activities of a criminal nature relating to the fitness or effectiveness
of the employee to perform the duties of the position;
8. failure to follow the canons of professional and personal ethics;
9. falsification of credentials and experience;
10. unauthorized destruction of school district property;
11. other good and sufficient grounds relating to any other act constituting
inappropriate conduct;
12. neglect of duty;
13. violation of the rights of others as provided by federal and state laws
related to human rights.
IV. FORMS OF DISCIPLINE
A. The forms of discipline that may be imposed by the school district
include, but are not limited to:
1. oral warning;
2. written warning or reprimand;
3. probation;
4. disciplinary suspension, demotion or leave of absence with pay;
5. disciplinary suspension, demotion or leave of absence without pay; and
6. dismissal/termination or discharge from employment.
B. Other forms of discipline, including any combination of the forms
described in paragraph A above, may be imposed if, in the judgment of the
administration, another form of discipline will better accomplish the school
district's objective of stopping or correcting the offending conduct and
improving the employee's performance.
V. PROCEDURES FOR ADMINISTERING POLICY
A. In an instance where any form of discipline is imposed, the employee's
supervisor will:
1. Advise the employee of any inadequacy, deficiency or conduct which is the
cause of the discipline, either orally or in writing. If given orally, the
supervisor will document the fact that an oral warning was given to the
employee specifying the date, time and nature of the oral warning.
2. Provide directives to the employee to correct the conduct or
performance.
3. Forward copies of all writings to the administrator in charge of
personnel
for filing in the employee's personnel file.
4. Allow a reasonable period of time, when appropriate, for the employee to
correct or remediate the performance or conduct.
5. Specify the expected level of performance or modification of conduct to
be
required from the employee.
B. The school district retains the right to immediately discipline,
terminate
or discharge an employee as appropriate
Model Policy 404 EMPLOYMENT BACKGROUND CHECKS Approved:
June 28 2005
[Note: The provisions of this policy substantially reflect statutory
requirements.]
I. PURPOSE
The purpose of this policy is to maintain a safe and healthful environment
in
the school district in order to promote the physical, social, and
psychological well-being of its students. To that end, the school district
will seek a criminal history background check for applicants who receive an
offer of employment with the school district or such other background checks
as provided by this policy. The school district may also elect to do
background checks of volunteers, independent contractors and student
employees
in the school district.
II. GENERAL STATEMENT OF POLICY
A. The school district shall require that applicants for school district
positions who receive an offer of employment submit to a criminal history
background check. The offer of employment shall be conditioned upon a
determination by the school district that an applicant's criminal history
does
not preclude the applicant from employment with the school district.
B. The school district specifically reserves any and all rights it may have
to conduct background checks regarding current employees or applicants
without the consent of such individuals.
C. Adherence to this policy by the school district shall in no way limit the
school district's right to require additional information, or to use
procedures currently in place or other procedures to gain additional
background information concerning employees, applicants, volunteers,
independent contractors and student employees.
III. PROCEDURES
A. Normally an applicant will not commence employment until the school
district receives the results of the criminal history background check. The
school district may conditionally hire an applicant pending completion of the
background check, but shall notify the applicant that the applicant's
employment may be terminated based on the result of the background check.
Background checks will be performed by the Minnesota Bureau of Criminal
Apprehension (hereinafter "the BCA"). The school district reserves the right
to also have criminal history background checks conducted by other
organizations or agencies.
B. An applicant who is offered employment must sign a criminal history
consent form, which provides permission for the school district to conduct a
criminal history background check, and provide a money order or check payable
to either the BCA or to the school district, at the election of the school
district, in an amount equal to the actual cost to the BCA and the school
district of conducting the criminal history background check. If the
applicant fails to provide the school district with a signed Informed Consent
Form and fee at the time the applicant receives a job offer, the applicant
will be considered to have voluntarily withdrawn the application for
employment.
[Note: If the school district elects to receive payment, it may, at its
discretion, accept payment in the form of a negotiable instrument other than
a
money order or check then pay the superintendent of the BCA directly to
conduct the background check.]
C. The school district, in its discretion, may elect not to request a
criminal history background check on an applicant who holds an initial
entrance license issued by the state board of teaching or the state board of
education within the 12 months preceding an offer of employment.
D. The school district may use the results of a criminal background check
conducted at the request of another school hiring authority if:
1. the results of the criminal background check are on file with the other
school hiring authority or otherwise accessible;
2. the other school hiring authority conducted a criminal background check
within the previous 12 months;
3. the applicant executes a written consent form giving the school district
access to the results of the check; and
4. there is no reason to believe that the applicant has committed an act
subsequent to the check that would disqualify the applicant for employment.
E. For all nonstate residents who are offered employment with the school
district, the school district shall request a criminal history background
check on such applicants from the superintendent of the BCA and from the
government agency performing the same function in the resident state, or if
no
government entity performs the same function in the resident state, from the
Federal Bureau of Investigation. Such applicants must provide an executed
criminal history consent form.
F. When required, applicants must provide fingerprints to assist in a
criminal history background check. If the fingerprints provided by the
applicant are unusable, the applicant will be required to submit another set
of prints.
G. Copies of this policy shall be available in the school district's
employment office and will be distributed to applicants for employment upon
request. The need to submit to a criminal history background check may be
included with the basic criteria for employment in the job posting and job
advertisements.
H. The applicant will be informed of the results of the criminal background
check(s) to the extent required by law.
I. If the criminal history background check precludes employment with the
school district, the applicant will be so advised.
J. The school district may apply these procedures to volunteers, independent
contractors or student employees as though they were applicants for
employment.
IV. CRIMINAL HISTORY CONSENT FORM
A form to obtain consent for a criminal history background check is included
with this policy. subject to relevant governing law and collective
bargaining
agreements where applicable.
Policy 405 VETERAN'S PREFERENCE HIRING
Approved: June 28 2005
[Note: The provisions of this policy substantially reflect legal
requirements.]
I. PURPOSE
The purpose of this policy is to comply with Minnesota law mandating
preference points for veterans applying for employment with political
subdivisions.
II. GENERAL STATEMENT OF POLICY
A. It is the school district’s policy to comply with Minnesota law regarding
veteran’s preference rights and the mandating of preference points to
veterans
and spouses of deceased veterans or disabled veterans.
B. Veteran preference points will be applied pursuant to applicable law as
follows:
1. There shall be added to the competitive open examination rating of a non
disabled veteran, who so elects, a credit of five points provided that the
veteran obtained a passing rating on the examination without the addition of
the credit points.
2. There shall be added to the competitive open examination rating of a
disabled veteran, who so elects, a credit of ten points provided that the
veteran obtained a passing rating on the examination without the addition of
the credit points.
3. There shall be added to the competitive promotional examination rating of
a disabled veteran, who so elects, a credit of five points provided that (a)
the veteran obtained a passing rating on the examination without the addition
of the credit points and (b) the veteran is applying for a first promotion
after securing public employment.
C. Eligibility for and application of veteran’s preference and the
definition
of a veteran for purpose of preference will be pursuant to applicable law.
D. When notifying applicants that they have been accepted into the selection
process, the school district shall notify applicants that they may elect to
use veteran’s preference.
E. It is the school district’s policy to use a 100-point hiring system to
enable allocation of veteran preference points.
F. If the school district rejects a member of the finalist pool who has
claimed veteran’s preference, the school district shall notify the finalist
in
writing of the reasons for the rejection and file the notice with the school
district’s personnel officer.
Policy 406 PUBLIC AND PRIVATE PERSONNEL DATA
Approved: June 28 2005
[Note: The provisions of this policy reflect the Minnesota Government Data
Practices Act and are not discretionary in nature.]
I. PURPOSE
The purpose of this policy is to provide guidance to school district
employees as to the data the school district collects and maintains regarding
its personnel.
II. GENERAL STATEMENT OF POLICY
A. All data on individuals collected, created, received, maintained or
disseminated by the school district, which is classified by statute or
federal
law as public, shall be accessible to the public pursuant to the procedures
established by the school district.
B. All other data on individuals is private or confidential.
III. DEFINITIONS
A. “Public” means that the data is available to anyone who requests it.
B. “Private” means the data is available to the subject of the data and to
school district staff who need it to conduct the business of the school
district.
C. “Confidential” means the data is not available to the subject.
D. “Parking space leasing data” means the following government data on an
application for, or lease of, a parking space: residence address, home
telephone number, beginning and ending work hours, place of employment,
location of parking space, and work telephone number.
E. “Personnel data” means data on individuals collected because they are or
were employees of the school district, applicants for employment, volunteers
for the school district, or members of or applicants for an advisory board or
commission. Personnel data include data submitted to the school district by
an employee as part of an organized self-evaluation effort by the school
district to request suggestions from all employees on ways to cut costs, make
the school district more efficient, or to improve school district operations.
An employee who is identified in a suggestion shall have access to all data
in the suggestion except the identity of the employee making the
suggestion.
F. “Finalist” means an individual who is selected to be interviewed by the
school board for a position.
G. “Protected health information” means individually identifiable health
information transmitted in electronic form by a school district acting as a
health care provider. “Protected health information” excludes health
information in education records covered by FERPA and employment records held
by a school district in its role as employer.
IV. PUBLIC PERSONNEL DATA
A. The following information on employees, including volunteers and
independent contractors, is public:
1. name; 2. employee identification number, which may not be the employee’s
social security number;
3. actual gross salary; 4. salary range; 5. contract fees; 6. actual
gross
pension;
7. the value and nature of employer-paid fringe benefits; 8. the basis for
and the amount of any added remuneration, including expense reimbursement, in
addition to salary;
9. job title; 10. bargaining unit; 11. job description; 12. education and
training background;
13. previous work experience; 14. date of first and last employment;
15. the existence and status of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in a
disciplinary action;
16. the final disposition of any disciplinary action, as defined in Minn.
Stat. 13.43, Subd. 2(b), together with the specific reasons for the action
and
data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the school district;
17. the terms of any agreement settling any dispute arising out of the
employment relationship, including superintendent buyout agreements, except
that the agreement must include specific reasons for the agreement if it
involves the payment of more than $10,000 of public money, and such agreement
may not have the purpose or effect of limiting access to or disclosure of
personnel data or limiting the discussion of information or opinions related
to personnel data;
18. work location; 19. work telephone number; 20. badge number;
21. honors and awards received; and 22. payroll time sheets or other
comparable data that are used only to account for employee’s work time for
payroll purposes, except to the extent that release of time sheet data would
reveal the employee’s reasons for the use of sick or other medical leave or
other not public data.
B. The following information on applicants for employment or to an advisory
board/ commission is public:
1. veteran status; 2. relevant test scores; 3. rank on eligible list; 4.
job history;
5. education and training; and 6. work availability.
C. Names of applicants are private data except when certified as eligible
for
appointment to a vacancy or when they become finalists for an employment
position.
D. Names and home addresses of applicants for appointment to and members of
an advisory board/commission are public.
E. Regardless of whether there has been a final disposition as defined in
Minn. Stat. 13.43, Subd. 2(b), upon completion of an investigation of a
complaint or charge against a public official, as defined in Minn. Stat.
13.43, Subd. 2(e), or if a public official resigns or is terminated from
employment while the complaint or charge is pending, all data relating to the
complaint or charge are public, unless access to the data would jeopardize an
active investigation or reveal confidential sources.
V. PRIVATE PERSONNEL DATA
A. All other personnel data are private and will only be shared with school
district staff whose work requires such access. Private data will not be
otherwise released unless authorized by law or by the employee’s informed
written consent.
B. Data pertaining to an employee’s dependents are private data on
individuals.
C. Data created, collected or maintained by the school district to
administer
employee assistance programs are private.
D. Parking space leasing data are private.
E. Personnel data may be disseminated to labor organizations to the extent
the school district determines it is necessary for the labor organization to
conduct its business or when ordered/authorized by the Commissioner of the
Bureau of Mediation Services.
F. The school district may display a photograph of a current or former
employee to prospective witnesses as part of the school district’s
investigation of any complaint or charge against the employee.
G. The school district may, if the responsible authority or designee
reasonably determines that the release of personnel data is necessary to
protect an employee from harm to self or to protect another person who may be
harmed by the employee, release data that are relevant to the concerns for
safety to:
1. The person who may be harmed and to the attorney representing the person
when the data are relevant to obtaining a restraining order;
2. A pre-petition screening team conducting an investigation of the employee
under Minn. Stat. 253B.07, Subd. 1; or
3. A court, law enforcement agency or prosecuting authority.
H. Private personnel data or confidential investigative data on employees
may
be disseminated to a law enforcement agency for the purpose of reporting a
crime or alleged crime committed by an employee, or for the purpose of
assisting law enforcement in the investigation of such a crime or alleged
crime.
I. A complainant has access to a statement provided by the complainant to
the
school district in connection with a complaint or charge against an
employee.
J. When allegations of sexual or other types of harassment are made against
an employee, the employee shall not have access to data that would identify
the complainant or witnesses if the district determines that the employee’s
access to that data would:
1. threaten the personal safety of the complainant or a witness; or
2. subject the complainant or witness to harassment.
If a disciplinary proceeding is initiated against the employee, data on the
complainant or witness shall be available to the employee as may be necessary
for the employee to prepare for the proceeding.
K. The school district shall make any report to the board of teaching or the
state board of education as required by Minn. Stat. 122A.20, Subd. 2, and
shall, upon written request from the licensing board having jurisdiction over
a teacher’s license, provide the licensing board with information about the
teacher from the school district’s files, any termination or disciplinary
proceeding, and settlement or compromise, or any investigative file in
accordance with Minn. Stat. 122A.20, Subd. 2.
L. Private personnel data shall be disclosed to the department of economic
security for the purpose of administration of the unemployment insurance
program under Minn. Stat. Ch. 268.
M. When a report of alleged maltreatment of a student in a school is made to
the Commissioner of Education, data that are relevant and collected by the
school about the person alleged to have committed maltreatment must be
provided to the Commissioner on request for purposes of an assessment or
investigation of the maltreatment report.
N. The school district shall release to a requesting school district or
charter school private personnel data on a current or former employee related
to acts of violence toward or sexual contact with a student, if an
investigation conducted by or on behalf of the school district or law
enforcement affirmed the allegations in writing prior to release and the
investigation resulted in the resignation of the subject of the data.
O. The identity of an employee making a suggestion as part of an organized
self-evaluation effort by the school district to cut costs, make the school
district more efficient, or to improve school district operations is
private.
P. Health information on employees is private unless otherwise provided by
law. To the extent that the school district transmits protected health
information, the school district will comply with all privacy requirements.
VI. MULTIPLE CLASSIFICATIONS
If data on individuals are classified as both private and confidential by
Minn. Stat. Ch. 13, or any other state or federal law, the data are
private.
VII. CHANGE IN CLASSIFICATIONS
The school district shall change the classification of data in its
possession
if it is required to do so to comply with other judicial or administrative
rules pertaining to the conduct of legal actions or with a specific statute
applicable to the data in the possession of the disseminating or receiving
agency.
VIII. RESPONSIBLE AUTHORITY
The school district has designated [name and title, telephone] as the
authority responsible for personnel data. If you have any questions, contact
[him/her].
IX. EMPLOYEE AUTHORIZATION/RELEASE FORM
An employee authorization form is included as an addendum to this policy.
Form: EMPLOYEE AUTHORIZATION FOR RELEASE OF INFORMATION
To: [School District]
______________________________________________________
RE: Personnel Records of [name]
____________________________________________
(Date of Birth and/or Social Security Number)
__________________________________
This is your full and sufficient authorization, pursuant to Minn. Stat.
13.05, subd. 4 and Minn. Rules 1205.1400, subp. 4, to release to
________________, their representatives or employees, all information
pertaining to
[describe]_________________________________________________________________
maintained by the employer school district, with the following exceptions:
_____________________________________________________________________________
___________________
The information is needed for the purpose of [specify] ____________________
________________________________
This authorization specifically includes records prepared prior to the date
of
this authorization and records prepared after the date of this authorization,
such records to be used only for the purpose specified. I do not authorize
re-release of this information by the third party.
I understand that I may revoke this consent in writing at any time. Upon
the
fulfillment of the above-stated purpose, this consent will automatically
expire without my express revocation. A photocopy of this authorization will
be treated in the same manner as an original.
Dated:_______________ ____________________________________________
Signature of Employee
ATTENTION PUBLIC FACILITIES: Minnesota Statutes Section 13.05 requires
automatic expiration of this authorization one (1) year from the date of
authorization.
Model Policy 407 EMPLOYEE RIGHT TO KNOW EXPOSURE TO HAZARDOUS SUBSTANCES
[NOTE: School districts are required by statute to have a policy addressing
these issues.] Approved: June 28 2005
I. PURPOSE
The purpose of this policy is to provide school district employees a place
of
employment and conditions of employment free from recognized hazards that
are
likely to cause death or serious injury or harm. (Minn. Stat. 182.653, Subd.
2).
II. GENERAL STATEMENT OF POLICY
It is the policy of this school district to provide information and training
to employees who may be routinely exposed to a hazardous substance, harmful
physical agent or infectious agent.
III. DEFINITIONS
A. "Commissioner" means the Commissioner of Labor and Industry.
B. "Routinely exposed" means that there is a reasonable potential for
exposure during the normal course of assigned work or when an employee is
assigned to work in an area where a hazardous substance has been spilled.
C. "Hazardous substance" means a chemical or substance, or mixture of
chemicals and substances, which:
1. is regulated by the Federal Occupational Safety and Health Administration
under the Code of Federal Regulations, Title 29, Part 1910, Subpart Z; or
2. is either toxic or highly toxic; an irritant; corrosive; a strong
oxidizer; a strong sensitizer; combustible; either flammable or extremely
flammable; dangerously reactive; pyrophoric; pressure-generating; compressed
gas; carcinogen; teratogen; mutagen; reproductive toxic agent; or that
otherwise, according to generally accepted documented medical or scientific
evidence, may cause substantial acute or chronic personal injury or illness
during or as a direct result of any customary or reasonably foreseeable
accidental or intentional exposure to the chemical or substance; or
3. is determined by the commissioner as a part of the standard for the
chemical or substance or mixture of chemicals and substances to present a
significant risk to worker health and safety or imminent danger of death or
serious physical harm to an employee as a result of foreseeable use,
handling,
accidental spill, exposure, or contamination.
D. "Harmful physical agent" means a physical agent determined by the
commissioner as a part of the standard for that agent to present a
significant
risk to worker health or safety or imminent danger of death or serious
physical harm to an employee. This definition includes but is not limited to
radiation, whether ionizing or nonionizing.
E. "Infectious agent" means a communicable bacterium, rickettsia, parasites,
virus, or fungus determined by the commissioner by rule, with approval of the
commissioner of health, which according to documented medical or scientific
evidence causes substantial acute or chronic illness or permanent disability
as a foreseeable and direct result of any routine exposure to the infectious
agent. Infectious agent does not include an agent in or on the body of a
patient before diagnosis.
F. "Blood borne pathogens" means pathogenic microorganisms that are present
in human blood and can cause disease in humans. These pathogens include, but
are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus
(HIV).
IV. TARGET JOB CATEGORIES
Training will be provided to all full and part-time employees who are
routinely exposed to a hazardous substance, harmful physical agent or
infectious substance as set forth above.
V. TRAINING SCHEDULE
Training will be provided to employees before beginning a job assignment as
follows:
A. Any newly-hired employee assigned to a work area where he or she is
determined to be "routinely exposed" under the guidelines above.
B. Any employee reassigned to a work area where he or she is determined to
be
routinely exposed under the above guidelines. (Minn. Stat. 182.673)
Model Policy 408 SUBPOENA OF A SCHOOL DISTRICT EMPLOYEE
Approved: June 28 2005
I. PURPOSE
The purpose of this policy is to protect the privacy rights of school
district employees and students under both state and federal law when
requested to testify or provide educational records for a judicial or
administrative proceeding.
II. GENERAL STATEMENT OF POLICY
This policy is to provide guidance and direction for school district
employees who may be subpoenaed to testify and/or provide educational records
for a judicial or administrative proceeding.
III. DATA CLASSIFICATION
A. The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13,
classifies all educational data, except for directory information as
designated by the school district, as private data on individuals. The state
statute provides that private data on individuals may not be released, except
pursuant to informed consent by the subject of the data or pursuant to a
valid
court order. A subpoena is not a court order under the MGDPA.
B. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g,
provides that educational data may not be released, except pursuant to
informed consent by the individual subject of the data or any lawfully issued
subpoena. Regulations promulgated under the federal law require that the
school district must first make a reasonable effort to notify the parent of
the student, or the student if the student is 18 years of age or older, of
the
subpoena in advance of releasing the information pursuant to the subpoena.
IV. APPLICATION AND PROCEDURES
A. Any employee who receives a subpoena for any purpose related to
employment
is to inform the building administrator or designated supervisor when the
employee receives the subpoena. The building administrator or designated
supervisor shall immediately inform the superintendent that the employee has
received a subpoena.
B. No employee may release educational data, personnel data, or any other
data of any kind without consultation in advance with the school district
official who is designated as the authority responsible for the collection,
use and dissemination of data.
C. Payment for attendance at judicial or administrative proceedings and the
retention of witness and mileage fees is to be determined in accordance with
the applicable school board policies and collective bargaining agreements.
D. The administration shall not release any information except in strict
compliance with state and federal law and this policy. Recognizing that an
unauthorized release may expose the school district or its employees to civil
or criminal penalties or loss of employment, the administration shall confer
with school district legal counsel prior to release of such data.
Model Policy 410 FAMILY AND MEDICAL LEAVE POLICY
Adopted: June 28 2005
[NOTE: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to provide for family and medical leave to
school district employees in accordance with the Family and Medical Leave Act
and also with parenting leave under state law.
II. GENERAL STATEMENT OF POLICY
A. Twelve-week Leave.
1. Regular full-time and part-time employees who have been employed by the
school district for at least 12 months and have worked at least 1,250 hours
during the 12-month period immediately preceding the commencement of the
leave
are entitled to a total of 12 work weeks of unpaid family or medical leave
during the applicable 12-month period as defined below, plus any added leave
as required by law. Leave may be taken for 1 or more of the following
reasons
in accordance with applicable law:
a. birth of the employee's child; b. placement of an adopted or foster
child
with the employee; c. to care for the employee's spouse, son, daughter, or
parent with a serious health condition; and/or d. the employee's serious
health condition makes the employee unable to perform the functions of the
employee's job.
2. For the purposes of this policy, "year" is defined as a rolling 12-month
period measured backward from the date an employee uses any leave.
3. A "serious health condition" typically requires either inpatient care or
continuing treatment by or under the supervision of a health care provider,
as
defined by applicable law. Family and medical leave generally is not
intended
to cover short term conditions for which treatment and recovery are very
brief.
4. Eligible spouses employed by the school district are limited to an
aggregate of twelve weeks of leave during any 12-month period for the birth
or
adoption of a child, the placement of a child for foster care or to care for
a
parent. This limitation for spouses employed by the school district does not
apply to leave taken by one spouse to care for the other spouse who is
seriously ill, to care for a child with a serious health condition, or
because
of the employee's own serious health condition.
5. Depending on the type of leave, intermittent or reduced schedule leave
may
be granted in the discretion of the school district or when medically
necessary. However, part-time employees are only eligible for a pro-rata
portion of leave to be used on an intermittent or reduced schedule basis,
based on their average hours worked per week. Where an intermittent or
reduced schedule leave is foreseeable based on planned medical treatment, the
school district may transfer the employee temporarily to an available
alternative position for which the employee is qualified and which better
accommodates recurring periods of leave than does the employee's regular
position, and which has equivalent pay and benefits.
6. If an employee requests a leave for the serious health condition of the
employee or the employee's spouse, child or parent, the employee will be
required to submit sufficient medical certification. In such a case, the
employee must submit the medical certification within 15 days from the date
of
the request or as soon as practicable under the circumstances.
7. If the school district has reason to doubt the validity of a health care
provider's certification, it may require a second opinion at the school
district's expense. If the opinions of the first and second health care
providers differ, the school district may require certification from a third
health care provider at the school district's expense. An employee may also
be required to present a certification from a health care provider indicating
that the employee is able to return to work.
8. Requests for leave shall be made to the school district. Employees must
give 30 days written notice of a leave of absence where practicable.
Employees are expected to make a reasonable effort to schedule leaves
resulting from planned medical treatment so as not to disrupt the operations
of the school district, subject to & in coordination with the health care
provider.
9. During the period of a leave permitted under this policy (which does not
exceed a total of 12 work weeks in the applicable 12 month period), the
school
district will provide health insurance under its group health plan under the
same conditions coverage would have been provided had the employee not taken
the leave. The employee will be responsible for payment of the employee
contribution to continue group health insurance coverage during the leave.
An
employee's failure to make necessary and timely contributions may result in
termination of coverage.
10. The school district may request or require the employee to substitute
accrued paid leave for any part of the 12-week period. Employees may be
allowed to substitute paid leave for unpaid leave by meeting the requirements
set out in the administrative directives and guidelines established for the
implementation of this policy, if any. Employees eligible for leave must
comply with the family and medical leave directives and guidelines prior to
starting leave. It shall be the responsibility of the superintendent to
develop directives and guidelines as necessary to implement this policy.
Such
directives and guidelines shall be submitted to the school board for annual
review.
The school district shall comply with written notice requirements as set
forth in federal regulations.
11. Employees returning from a leave permitted under this policy (which does
not exceed a total of 12 work weeks in the applicable 12 month period) are
eligible for reinstatement in the same or an equivalent position as provided
by law. However, the employee has no greater right to reinstatement or to
other benefits and conditions of employment than if the employee had been
continuously employed during the leave.
12. An employee who does not return to work after leave may, in some
situations, be required to reimburse the school district for the cost of the
health plan premiums paid by it.
13. The provisions of this policy are intended to comply with applicable
law,
including the Family and Medical Leave Act of 1993 (FMLA) and applicable
regulations. Any terms used from the FMLA will have the same meaning as
defined by that Act and/or applicable regulations. To the extent that this
policy is ambiguous or contradicts applicable law, the language of the
applicable law will prevail.
14. The requirements stated in the collective bargaining agreement between
employees in a certified collective bargaining unit and the school district
regarding family and medical leaves (if any) shall be followed.
B. Six-week Leave.
An employee who does not qualify for leave under Paragraph A above may
qualify for a six-week unpaid parenting leave for birth or adoption of a
child. The employee may qualify if he or she has worked for the school
district for at least 12 consecutive months and has worked an average number
of hours per week equal to one-half of the full time equivalent. This leave
is separate and exclusive of the family and medical leave described in the
preceding paragraphs.
III. SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES.
A. An instructional employee is one whose principal function is to teach and
instruct students in a class, a small group, or an individual setting. This
includes, but is not limited to, teachers, coaches, driver's education
instructors, and Sp. Ed. assistants.
B. Instructional employees who request foreseeable medically necessary
intermittent or reduced work schedule leave greater than twenty percent of
the
work days in the leave period may be required to:
1. take leave for the entire period or periods of the planned medical
treatment; or
2. move to an available alternative position for which the employee is
qualified, and which provides equivalent pay and benefits, but not
necessarily
equivalent duties.
C. Instructional employees who request continuous leave near the end of a
semester may be required to extend the leave through the end of the semester.
The number of weeks remaining before the end of a semester does not include
scheduled school breaks, such as summer, winter, or spring break.
1. If an instructional employee begins leave for any purpose more than five
weeks before the end of a semester and it is likely the leave will last at
least three weeks, the school district may require that the leave be
continued
until the end of the semester.
2. If the employee begins leave for a purpose other than the employee's own
serious health condition during the last five weeks of a semester, the school
district may require that the leave be continued until the end of the
semester
if the leave will last more than two weeks or if the employee's return from
leave would occur during the last two weeks of the semester.
3. If the employee begins leave for a purpose other than the employee's own
serious health condition during the last three weeks of the semester and the
leave will last more than five working days, school district may require the
employee to continue taking leave until the end of the semester.
D. The entire period of leave taken under the special rules will be counted
as leave. The school district will continue to fulfill the school district's
leave responsibilities and obligations, including the obligation to continue
the employee's health insurance and other benefits, if an instructional
employee's leave entitlement ends before the involuntary leave period
expires.
IV. DISSEMINATION OF POLICY.
A. This policy shall be conspicuously posted in each school district
building
in areas accessible to employees.
B. This policy will be reviewed at least annually for compliance with state
and federal law.
Model Policy 412 EXPENSE REIMBURSEMENT
Adopted: June 28 2005
I. PURPOSE
The purpose of this policy is to identify school district business expenses
that involve initial payment by an employee, and qualify for reimbursement
from the school district, and to specify the manner by which the employee
seeks reimbursement.
II. AUTHORIZATION
All school district business expenses to be reimbursed must be approved by
the supervising administrator. Such expenses to be reimbursed may include
transportation, meals, lodging, registration fees, required materials,
parking
fees and other reasonable and necessary school district business-related
expenses.
III. REIMBURSEMENT
A. Requests for reimbursement must be itemized on the official school
district form and are to be submitted to the designated administrator.
Receipts for lodging, commercial transportation, registration and other
reasonable and necessary expenses must be attached to the reimbursement
form.
B. Automobile travel shall be reimbursed at the mileage rate set by the
school board. Commercial transportation shall reflect economy fares and
shall
be reimbursed only for the actual cost of the trip.
IV. ESTABLISHMENT OF DIRECTIVES AND GUIDELINES
The superintendent shall develop a schedule of reimbursement rates for
school
district business expenses, including those expenses requiring advance
approval and specific rates of reimbursement. The superintendent shall also
develop directives and guidelines to address methods and times for submission
of requests for reimbursement.
Model Policy 413 HARASSMENT AND VIOLENCE [Note: This policy is required by
statute. .] Adopted: June 28 2005
I. PURPOSE
The purpose of this policy is to maintain a learning and working environment
that is free from religious, racial or sexual harassment and violence. The
school district prohibits any form of religious, racial or sexual harassment
and violence.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to maintain a learning and
working
environment that is free from religious, racial or sexual harassment and
violence. The school district prohibits any form of religious, racial or
sexual harassment and violence.
B. It shall be a violation of this policy for any pupil, teacher,
administrator or other school personnel of the school district to harass a
pupil, teacher, administrator or other school personnel through conduct or
communication of a sexual nature or regarding religion and race as defined by
this policy. (For purposes of this policy, school personnel includes school
board members, school employees, agents, volunteers, contractors or persons
subject to the supervision and control of the district.)
C. It shall be a violation of this policy for any pupil, teacher,
administrator or other school personnel of the school district to inflict,
threaten to inflict, or attempt to inflict religious, racial or sexual
violence upon any pupil, teacher, administrator or other school personnel.
D. The school district will act to investigate all complaints, either formal
or informal, verbal or written, of religious, racial or sexual harassment or
violence, and to discipline or take appropriate action against any pupil,
teacher, administrator or other school personnel who is found to have
violated
this policy.
III. RELIGIOUS, RACIAL AND SEXUAL HARASSMENT AND VIOLENCE DEFINED
A. Sexual Harassment; Definition.
1. Sexual harassment consists of unwelcome sexual advances, requests for
sexual favors, sexually motivated physical conduct or other verbal or
physical
conduct or communication of a sexual nature when:
a. submission to that conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining or retaining employment, or of
obtaining an education; or
b. submission to or rejection of that conduct or communication by an
individual is used as a factor in decisions affecting that individual's
employment or education; or
c. that conduct or communication has the purpose or effect of substantially
or unreasonably interfering with an individual's employment or education, or
creating an intimidating, hostile or offensive employment or educational
environment.
2. Sexual harassment may include but is not limited to:
a. unwelcome verbal harassment or abuse;
b. unwelcome pressure for sexual activity;
c. unwelcome, sexually motivated or inappropriate patting, pinching or
physical contact, other than necessary restraint of pupil(s) by teachers,
administrators or other school personnel to avoid physical harm to persons or
property;
d. unwelcome sexual behavior or words, including demands for sexual favors,
accompanied by implied or overt threats concerning an individual's employment
or educational status;
e. unwelcome sexual behavior or words, including demands for sexual favors,
accompanied by implied or overt promises of preferential treatment with
regard
to an individual's employment or educational status; or
f. unwelcome behavior or words directed at an individual because of
gender.
B. Racial Harassment; Definition.
Racial harassment consists of physical or verbal conduct relating to an
individual's race when the conduct:
1. has the purpose or effect of creating an intimidating, hostile or
offensive working or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering
with an individual's work or academic performance; or
3. otherwise adversely affects an individual's employment or academic
opportunities.
C. Religious Harassment; Definition.
Religious harassment consists of physical or verbal conduct which is related
to an individual's religion when the conduct:
1. has the purpose or effect of creating an intimidating, hostile or
offensive working or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering
with an individual's work or academic performance; or
3. otherwise adversely affects an individual's employment or academic
opportunities.
D. Sexual Violence; Definition.
1. Sexual violence is a physical act of aggression or force or the threat
thereof which involves the touching of another's intimate parts, or forcing a
person to touch any person's intimate parts. Intimate parts, as defined in
Minn. Stat. 609.341, includes the primary genital area, groin, inner thigh,
buttocks or breast, as well as the clothing covering these areas.
2. Sexual violence may include, but is not limited to:
a. touching, patting, grabbing, pinching another person's intimate parts,
whether that person is of the same or the opposite sex;
b. coercing, forcing or attempting to coerce or force the touching of
anyone's intimate parts;
c. coercing, forcing or attempting to coerce or force sexual intercourse or
a
sexual act on another; or
d. threatening to force or coerce sexual acts, including the touching of
intimate parts or intercourse, on another.
E. Racial Violence; Definition. Racial violence is a physical act of
aggression or assault upon another because of, or in a manner reasonably
related to, race.
F. Religious Violence; Definition. Religious violence is a physical act of
aggression or assault upon another because of, or in a manner reasonably
related to, religion.
G. Assault; Definition. Assault is:
1. an act done with intent to cause fear in another of immediate bodily harm
or death;
2. the intentional infliction of or attempt to inflict bodily harm upon
another; or
3. the threat to do bodily harm to another with present ability to carry out
the threat.
IV. REPORTING PROCEDURES
A. Any person who believes he or she has been the victim of religious,
racial
or sexual harassment or violence by a pupil, teacher, administrator or other
school personnel of the school district, or any person with knowledge or
belief of conduct which may constitute religious, racial or sexual harassment
or violence toward a pupil, teacher, administrator or other school personnel
should report the alleged acts immediately to an appropriate school district
official designated by this policy. The school district encourages the
reporting party or complainant to use the report form available from the
principal of each building or available from the school district office, but
oral reports shall be considered complaints as well. Nothing in this policy
shall prevent any person from reporting harassment or violence directly to a
school district human rights officer or to the superintendent.
B. In Each School Building. The building principal is the person
responsible
for receiving oral or written reports of religious, racial or sexual
harassment or violence at the building level. Any adult school district
personnel who receives a report of religious, racial or sexual harassment or
violence shall inform the building principal immediately.
C. Upon receipt of a report, the principal must notify the school district
human rights officer immediately, without screening or investigating the
report. The principal may request, but may not insist upon a written
complaint. A written statement of the facts alleged will be forwarded as
soon
as practicable by the principal to the human rights officer. If the report
was given verbally, the principal shall personally reduce it to written form
within 24 hours and forward it to the human rights officer. Failure to
forward any harassment or violence report or complaint as provided herein
will
result in disciplinary action against the principal. If the complaint
involves the building principal, the complaint shall be made or filed
directly
with the superintendent or the school district human rights officer by the
reporting party or complainant.
D. In the District. The school board hereby designates school social
workeras the school district human rights officer(s) to receive reports or
complaints of religious, racial or sexual harassment or violence. If the
complaint involves a human rights officer, the complaint shall be filed
directly with the superintendent. 1
E. The school district shall conspicuously post the name of the human rights
officer(s), including mailing addresses and telephone numbers.
F. Submission of a good faith complaint or report of religious, racial or
sexual harassment or violence will not affect the complainant or reporter's
future employment, grades or work assignments.
G. Use of formal reporting forms is not mandatory.
H. The school district will respect the privacy of the complainant, the
individual(s) against whom the complaint is filed, and the witnesses as much
as possible, consistent with the school district's legal obligations to
investigate, to take appropriate action, and to conform with any discovery or
disclosure obligations.
V. INVESTIGATION
A. By authority of the school district, the human rights officer, upon
receipt of a report or complaint alleging religious, racial or sexual
harassment or violence, shall immediately undertake or authorize an
investigation. The investigation may be conducted by school district
officials or by a third party designated by the school district.
B. The investigation may consist of personal interviews with the
complainant,
the individual(s) against whom the complaint is filed, and others who may
have
knowledge of the alleged incident(s) or circumstances giving rise to the
complaint. The investigation may also consist of any other methods and
documents deemed pertinent by the investigator.
C. In determining whether alleged conduct constitutes a violation of this
policy, the school district should consider the surrounding circumstances,
the
nature of the behavior, past incidents or past or continuing patterns of
behavior, the relationships between the parties involved and the context in
which the alleged incidents occurred. Whether a particular action or
incident
constitutes a violation of this policy requires a determination based on all
the facts and surrounding circumstances.
D. In addition, the school district may take immediate steps, at its
discretion, to protect the complainant, pupils, teachers, administrators or
other school personnel pending completion of an investigation of alleged
religious, racial or sexual harassment or violence.
E. The investigation will be completed as soon as practicable. The school
district human rights officer shall make a written report to the
superintendent upon completion of the investigation. If the complaint
involves the superintendent, the report may be filed directly with the school
board. The report shall include a determination of whether the allegations
have been substantiated as factual and whether they appear to be violations
of
this policy.
VI. SCHOOL DISTRICT ACTION
A. Upon receipt of a report, the school district will take appropriate
action. Such action may include, but is not limited to, warning, suspension,
exclusion, expulsion, transfer, remediation, termination or discharge.
School
district action taken for violation of this policy will be consistent with
requirements of applicable collective bargaining agreements, Minnesota and
federal law and school district policies.
B. The result of the school district's investigation of each complaint filed
under these procedures will be reported in writing to the complainant by the
school district in accordance with state and federal law regarding data or
records privacy.
VII. REPRISAL
The school district will discipline or take appropriate action against any
pupil, teacher, administrator or other school personnel who retaliates
against
any person who makes a good faith report of alleged religious, racial or
sexual harassment or violence or any person who testifies, assists or
participates in an investigation, or who testifies, assists or participates
in
a proceeding or hearing relating to such harassment or violence. Retaliation
includes, but is not limited to, any form of intimidation, reprisal or
harassment.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES.
These procedures do not deny the right of any individual to pursue other
avenues of recourse which may include filing charges with the Minnesota
Department of Human Rights, initiating civil action or seeking redress under
state criminal statutes and/or federal law.
IX. HARASSMENT OR VIOLENCE AS ABUSE
A. Under certain circumstances, alleged harassment or violence may also be
possible abuse under Minnesota law. If so, the duties of mandatory reporting
under Minn. Stat. 626.556 may be applicable.
B. Nothing in this policy will prohibit the school district from taking
immediate action to protect victims of alleged harassment, violence or
abuse.
X. DISSEMINATION OF POLICY AND TRAINING
A. This policy shall be conspicuously posted throughout each school building
in areas accessible to pupils and staff members.
B. This policy shall be given to each school district employee and
independent contractor at the time of entering into the person's employment
contract.
C. This policy shall appear in the student handbook.
D. The school district will develop a method of discussing this policy with
students and employees.
E. This policy shall be reviewed at least annually for compliance with state
and federal law.
Model Policy 414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL
ABUSE
Adopted: June 28 2005
[Note: This policy reflects the mandatory law regarding reporting of
maltreatment of minors and is not discretionary in nature.]
I. PURPOSE
The purpose of this policy is to make clear the statutory requirements of
school personnel to report suspected child neglect or physical or sexual
abuse.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to fully comply with Minn. Stat.
§
626.556 requiring school personnel to report suspected child neglect or
physical or sexual abuse.
B. It shall be a violation of this policy for any school personnel to fail
to
immediately report instances of child neglect, or physical or sexual abuse
when the school personnel knows or has reason to believe a child is being
neglected or physically or sexually abused or has been neglected or
physically
or sexually abused within the preceding three years.
III. DEFINITIONS
A. "Child" means one under age 18.
B. "Immediately" means as soon as possible but in no event longer than 24
hours.
C. "Mandated Reporter" means any school personnel who knows or has reason to
believe a child is being neglected or physically or sexually abused, or has
been neglected or physically or sexually abused within the preceding three
years.
D. "Neglect" means:
1. failure by a person responsible for a child's care to supply a child with
necessary food, clothing, shelter, health, medical, or other care required
for
the child's physical or mental health when reasonably able to do so;
2. failure to protect a child from conditions or actions that seriously
endanger the child's physical or mental health when reasonably able to do
so;
3. failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors such as the child's age,
mental ability, physical condition, length of absence, or environment, when
the child is unable to care for his or her own basic needs or safety or the
basic needs or safety of another child in his or her care;
4. failure to ensure that a child is educated in accordance with state law,
which does not include a parent's refusal to provide his or her child with
sympathomimetic medications;
5. prenatal exposure to a controlled substance used by the mother for a
nonmedical purpose, as evidenced by withdrawal symptoms in the child at
birth,
results of a toxicology test performed on the mother at delivery or the
child's birth, or medical effects or developmental delays during the child's
1st yr. that medically indicate prenatal exposure to a controlled
substance;
6. medical neglect as defined by Minn. Stat. § 260C.007, subd. 4, clause
(5);
7. chronic and severe use of alcohol or a controlled substance by a parent
or
person responsible for the care of the child that adversely affects the
child's basic needs and safety; or
8. emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial
and observable effect in the child's behavior, emotional response, or
cognition that is not within the normal range for the child's age and stage
of
development, with due regard to the child's culture.
Neglect does not include spiritual means or prayer for treatment or care of
disease where the person responsible for the child's care in good faith has
selected and depended on those means for treatment or care of disease, except
where the lack of medical care may cause serious danger to the child's
health.
E. "Physical Abuse" means any physical injury, mental injury, or threatened
injury, inflicted by a person responsible for the child's care other than by
accidental means; or any physical or mental injury that cannot reasonably be
explained by the child's history of injuries or any aversive or deprivation
procedures, or regulated interventions, that have not been authorized by
Minn.
Stat. § 121A.67 or § 245.825.
Abuse does not include reasonable and moderate physical discipline of a
child
administered by a parent or legal guardian which does not result in an
injury.
Abuse does not include the use of reasonable force by a teacher, principal,
or school employee as allowed by Minn. Stat. § 121A.582.
Actions which are not reasonable and moderate include, but are not limited
to, any of the following that are done in anger or without regard to the
safety of the child: (1) throwing, kicking, burning, biting, or cutting a
child; (2) striking a child with a closed fist; (3) shaking a child under age
three; (4) striking or other actions which result in any nonaccidental injury
to a child under 18 months of age; (5) unreasonable interference with a
child's breathing; (6) threatening a child with a weapon, as defined in Minn.
Stat. § 609.02, subd. 6; (7) striking a child under age one on the face or
head; (8) purposely giving a child poison, alcohol, or dangerous, harmful, or
controlled substances which were not prescribed for the child by a
practitioner, in order to control or punish the child, or giving the child
other substances that substantially affect the child's behavior, motor
coordination, or judgment or that result in sickness or internal injury, or
subject the child to medical procedures that would be unnecessary if the
child
were not exposed to the substances; (9) unreasonable physical confinement or
restraint not permitted under Minn. Stat. § 609.379 including, but not
limited
to, tying, caging, or chaining; or (10) in a school facility or school zone,
an act by a person responsible for the child's care that is a violation under
Minn. Stat. §121A.58.
F. "School Personnel" means professional employee or professional's delegate
of the school district who provides health, educational, social,
psychological, law enforcement or child care services.
G. "Sexual Abuse" means the subjection of a child by a person responsible
for
the child's care, by a person who has a significant relationship to the child
(as defined in Minn. Stat. § 609.341, subd. 15), or by a person in a position
of authority (as defined in Minn. Stat. § 609.341, subd. 10) to any act which
constitutes a violation of Minnesota statutes prohibiting criminal sexual
conduct. Such acts include sexual penetration as well as sexual contact.
Sexual abuse also includes any act involving a minor which constitutes a
violation of Minnesota statutes prohibiting prostitution, or use of a minor
in
a sexual performance. Sexual abuse includes threatened sexual abuse.
H. "Mental Injury" means an injury to the psychological capacity or
emotional
stability of a child as evidenced by an observable or substantial impairment
in the child's ability to function within a normal range of performance and
behavior with due regard to the child's culture.
I. "Person responsible for the child's care" means (1) an individual
functioning within the family unit and having responsibilities for the care
of
the child such as a parent, guardian, or other person having similar care
responsibilities, or (2) an individual functioning outside the family unit
and
having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of
a child having either full-time or short-term care responsibilities
including,
but not limited to, day care, babysitting whether paid or unpaid, counseling,
teaching, and coaching.
J. "Threatened injury" means a statement, overt act, condition, or status
that represents a substantial risk of physical or sexual abuse or mental
injury. Threatened injury includes, but is not limited to, exposing a child
to a person responsible for the child's care who has subjected the child to,
or failed to protect a child from, egregious harm, or a person whose parental
rights were involuntarily terminated, been found palpably unfit, or one from
whom legal and physical custody of a child has been involuntarily transferred
to another.
IV. REPORTING PROCEDURES
A. A mandated reporter as defined herein shall immediately report the
neglect
or physical or sexual abuse, which he or she knows or has reason to believe
is
happening or has happened within the preceding three years to the local
welfare agency, police department, county sheriff, or agency responsible for
assisting or investigating maltreatment.
B. If the immediate report has been made orally, by telephone or otherwise,
the oral report shall be followed by a written report within 72 hours
(exclusive of weekends and holidays) to the appropriate police department,
the
county sheriff, local welfare agency, or agency responsible for assisting or
investigating maltreatment. The written report shall identify the child, any
person believed to be responsible for the abuse or neglect of the child if
the
person is known, the nature and extent of the abuse or neglect and the name
and address of the reporter.
C. A person mandated by Minnesota law and this policy to report who fails to
report may be subject to criminal penalties and/or discipline, up to and
including termination of employment.
D. Submission of a good faith report under Minnesota law and this policy
will
not adversely affect the reporter's employment, or the child's access to
school.
E. Any person who knowingly or recklessly makes a false report under the
provisions of applicable Minnesota law or this policy shall be liable in a
civil suit for any actual damages suffered by the person or persons so
reported & for any punitive damages set by the court or jury, & the reckless
making of a false report may result in discipline. The court may also award
attorney's fees.
[Note: The Minnesota Department of Education is responsible for assessing
or investigating allegations of child maltreatment in schools. Although a
report may be made to any of the agencies listed in Section IV.A., above, and
there is no requirement to file more than one report, if the initial report
is
not made to MBE, it would be helpful to MDE if schools also report to MDE.]
V. INVESTIGATION
A. The responsibility for investigating reports of suspected neglect or
physical or sexual abuse rests with the appropriate county, state, or local
agency or agencies. The investigating agency may interview the child at
school. The interview may take place outside the presence of a school
official. The investigating agency, not the school, is responsible for
either notifying or withholding notification of the interview to the parent,
guardian or person responsible for the child's care. School officials may not
disclose to the parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the interview until
notified in writing by the local welfare or law enforcement agency that the
investigation or assessment has been concluded.
B. When the investigating agency determines that an interview should take
place on school property, written notification of intent to interview the
child on school property will be received by school officials prior to the
interview. The notification shall include the name of the child to be
interviewed, the purpose of the interview, and a reference to the statutory
authority to conduct an interview on school property.
C. Except where the alleged perpetrator is believed to be a school official
or employee, the time and place, and manner of the interview on school
premises shall be within the discretion of school officials, but the local
welfare or law enforcement agency shall have the exclusive authority to
determine who may attend the interview. The conditions as to time, place,
and
manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of
the notification unless another time is considered necessary by agreement
between the school officials and the local welfare or law enforcement agency.
Every effort must be made to reduce the disruption of the educational
program
of the child, other students, or school employees when an interview is
conducted on school premises.
D. Where the alleged perpetrator is believed to be a school official or
employee, the school district shall conduct its own investigation independent
of MDE and, if involved, the local welfare or law enforcement agency.
E. Upon request by MDE, the school district shall provide all requested data
that are relevant to a report of maltreatment and are in the possession of a
school facility, pursuant to an assessment or investigation of a maltreatment
report of a student in school. The school district shall provide the
requested data in accordance with the requirements of the Minnesota
Government
Data Practices Act, Minn. Stat. Ch. 13, and the Family Educational Rights and
Privacy Act, 20 U.S.C. § 1232g.
VI. MAINTENANCE OF SCHOOL RECORDS CONCERNING ABUSE OR POTENTIAL ABUSE
A. When a local welfare or local law enforcement agency determines that a
potentially abused or abused child should be interviewed on school property,
written notification of the agency's intent to interview on school property
must be received by school officials prior to the interview. The
notification
shall include the name of the child to be interviewed, the purpose of the
interview, and a reference to the statutory authority to conduct the
interview. The notification shall be private data. School officials may not
disclose to the parent, legal custodian, or guardian the contents of the
notice or any other related information regarding the interview until
notified
in writing by the local welfare or law enforcement agency that the
investigation has been concluded.
B. All records regarding a report of maltreatment, including any
notification
of intent to interview which was received by the school as described above in
Paragraph A, shall be destroyed by the school only when ordered by the agency
conducting the investigation or by a court of competent jurisdiction.
VII. PHYSICAL OR SEXUAL ABUSE AS SEXUAL HARASSMENT OR VIOLENCE
Under certain circumstances, alleged physical or sexual abuse may also be
sexual harassment or violence under Minnesota law. If so, the duties
relating
to the reporting and investigation of such harassment or violence may be
applicable.
VIII. DISSEMINATION OF POLICY AND TRAINING
A. This policy shall appear in school personnel handbooks.
B. The school district will develop a method of discussing this policy with
school personnel.
C. This policy shall be reviewed at least annually for compliance with state
law.
Electronic Copy of Form 414-F MALTREATMENT OF MINORS BY SCHOOL PERSONNEL to
be Filed with MN Dept. OF Education -
http://education.state.mn.us/content/041396.pdf
Model Policy 415 MANDATED REPORTING OF MALTREATMENT OF VULNERABLE ADULTS
Adopted: June 28, 2005
[Note: This policy reflects the mandatory law regarding reporting
maltreatment of vulnerable adults and is not discretionary in nature.]
I. PURPOSE
The purpose of this policy is to make clear the statutory requirements of
school personnel to report suspected maltreatment of vulnerable adults.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to fully comply with Minn. Stat.
626.557 requiring school personnel to report suspected maltreatment of
vulnerable adults.
B. It shall be a violation of this policy for any school personnel to fail
to
report suspected maltreatment of vulnerable adults when the school personnel
has reason to believe that a vulnerable adult is being or has been
maltreated,
or has knowledge that a vulnerable adult has sustained a physical injury
which
is not reasonably explained.
III. DEFINITIONS
A. "Mandated Reporters" means any school personnel who has reason to
believe
that a vulnerable adult is being or has been maltreated.
B. "Maltreatment" means the neglect, abuse, or financial exploitation of a
vulnerable adult.
C. "Neglect" means the failure or omission by a caregiver to supply a
vulnerable adult with care or services, including but not limited to, food,
clothing, shelter, health care, or supervision which is: (1) reasonable and
necessary to obtain or maintain the vulnerable adult's physical or mental
health or safety, considering the physical and mental capacity or dysfunction
of the vulnerable adult; and (2) which is not the result of an accident or
therapeutic conduct. Neglect also includes the absence or likelihood of
absence of care or services, including but not limited to, food, clothing,
shelter, health care, or supervision necessary to maintain the physical and
mental health of the vulnerable adult which a reasonable person would deem
essential to obtain or maintain the vulnerable adult's health, safety, or
comfort considering the physical or mental capacity or dysfunction of the
vulnerable adult. Neglect does not include actions specifically excluded by
Minn. Stat. 626.5572, Subd. 17.
D. "Abuse" means: (a) An act against a vulnerable adult that constitutes a
violation of, an attempt to violate, or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221
to 609.224; (2) the use of drugs to injure or facilitate crime as defined in
section 609.235; (3) the solicitation, inducement, and promotion of
prostitution as defined in section 609.322; and (4) criminal sexual conduct
in
the first through fifth degrees as defined in sections 609.342 to 609.3451.
A
violation includes any action that meets the elements of the crime,
regardless
of whether there is a criminal proceeding or conviction. (b) Conduct which
is
not an accident or therapeutic conduct as defined in this section, which
produces or could reasonably be expected to produce physical pain or injury
or
emotional distress including, but not limited to, the following: (1) hitting,
slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult; (2) use of repeated or malicious oral, written, or gestured language
toward a vulnerable adult or the treatment of a vulnerable adult which would
be considered by a reasonable person to be disparaging, derogatory,
humiliating, harassing, or threatening; (3) use of any aversive or
deprivation
procedure, unreasonable confinement, or involuntary seclusion, including the
forced separation of the vulnerable adult from other persons against the will
of the vulnerable adult or the legal representative of the vulnerable adult;
and (4) use of any aversive or deprivation procedures for persons with
developmental disabilities or related conditions not authorized under section
245.825. (c) Any sexual contact or penetration as defined in section 609.341,
between a facility staff person or a person providing services in the
facility
and a resident, patient, or client of that facility. (d) The act of forcing,
compelling, coercing, or enticing a vulnerable adult against the vulnerable
adult's will to perform services for the advantage of another. Abuse does
not
include actions specifically excluded by Minn. Stat 626.5572, Subd. 2.
E. "Financial Exploitation" means a breach of a fiduciary duty by an actor's
unauthorized expenditure of funds entrusted to the actor for the benefit of
the vulnerable adult or by an actor's failure to provide food, clothing,
shelter, health care, therapeutic conduct or supervision, the failure of
which
results or is likely to result in detriment to the vulnerable adult.
Financial exploitation also includes: the willful use, withholding or
disposal of funds or property of a vulnerable adult; the obtaining of
services
for wrongful profit or advantage which results in detriment to the vulnerable
adult; the acquisition of a vulnerable adult's funds or property through
undue
influence, harassment, duress, deception or fraud; and the use of force,
coercion or enticement to cause a vulnerable adult to perform services
against
the vulnerable adult's will for the profit or advantage of another.
F. "Vulnerable Adult" means any person 18 years of age or older who is a
resident or inpatient of a facility, who receives services at or from a
licensed facility which serves adults, who receive services at or from a
licensed home care provider or who regardless of residence or type of service
received, is unable to adequately provide the person's own care or protect
the
person from maltreatment without assistance because of impairment of mental
or
physical function or emotional status.
G. "Caregiver" means an individual or facility who has responsibility for
the
care of a vulnerable adult as a result of a family relationship, or who has
assumed responsibility for all or a portion of the care of a vulnerable adult
voluntarily, by contract, or by agreement.
H. "School Personnel" means professional employees or their delegates of the
school district engaged in providing health, educational, social,
psychological, law enforcement or other caretaking services of vulnerable
adults.
I. "Immediately" means as soon as possible, but no longer than 24 hours from
the time initial knowledge that the incident occurred has been received.
IV. REPORTING PROCEDURES
A. A mandated reporter as defined herein shall immediately report the
suspected maltreatment to the designated county entity.
B. Whenever a mandated reporter, as defined herein, knows or has reason to
believe that an individual made an error in the provision of therapeutic
conduct to a vulnerable adult which results in injury or harm, which
reasonably requires the care of a physician, such information shall be
reported immediately to the designated county agency. The mandated reporter
also may report a belief that the error did not constitute neglect and why
the
error does not constitute neglect.
C. The reporter shall to the extent possible identify the vulnerable adult,
the caregiver, the nature and extent of the suspected maltreatment, any
evidence of previous maltreatment, the name and address of the reporter, the
time, date, and location of the incident and any other information that the
reporter believes might be helpful in investigating the suspected abuse or
neglect. A mandated reporter may disclose not public data as defined under
Minn. Stat. 13.02 to the extent necessary to comply with the above reporting
requirements.
D. A person mandated to report suspected maltreatment of a vulnerable adult
who negligently or intentionally fails to report is liable for damages caused
by the failure. A negligent or intentional failure to report may result in
discipline. A mandatory reporter who intentionally fails to make a report,
who knowingly provides false or misleading information in reporting or who
intentionally fails to provide all the material circumstances surrounding the
reported incident may be guilty of a misdemeanor.
E. Retaliation against a person who makes a good faith report under
Minnesota
law and this policy, or against vulnerable adult who is named in a report is
prohibited.
F. Any person who intentionally makes a false report under the provisions of
applicable Minnesota law or this policy shall be liable in a civil suit for
any actual damages suffered by the person or persons so reported and for any
punitive damages set by the court or jury. The intentional making of a false
report may result in discipline.
V. INVESTIGATION
The responsibility for investigating reports of suspected maltreatment of a
vulnerable adult rests with the entity designated by the county for receiving
reports.
VI. DISSEMINATION OF POLICY AND TRAINING
A. This policy shall appear in school personnel handbooks where
appropriate.
B. The school district will develop a method of discussing this policy with
employees where appropriate.
C. This policy shall be reviewed at least annually for compliance with state
law.
416 DRUG AND ALCOHOL TESTING
Adopted: July 12, 2005
[Note: Drug and Alcohol Testing of school bus drivers and applicants is
mandatory under federal law. The mandatory testing is described under Part
III. of the policy. Testing of other employees or testing of school bus
drivers beyond that mandated by federal law is optional but can be done under
state law only if a policy containing provisions such as the provisions of
Part IV. of this policy are adopted. To preserve the right to request or
require school district employees who are not bus drivers and applicants to
undergo drug and/or alcohol testing or to require bus drivers to submit to
testing that is not federally mandated, a school district should adopt Part
IV. as part of its drug & cohol testing policy.]
I. PURP0SE
A. The school board recognizes the significant problems created by drug
and
alcohol use in society in general, and the public schools in particular. The
school board further recognizes the important contribution that the public
schools have in shaping the youth of today into the adults of tomorrow.
B. It is the belief of the school board that a work environment free of
drug
and alcohol use will not only be safer, healthier, and more productive, but
will also be more conducive to effective learning. Therefore, to provide
such
an environment, the purpose of this policy is to provide authority so that
the
school board may require all employees and/or job applicants to submit to
drug
and alcohol testing in accordance with the provisions of this policy and as
provided in federal law and Minn. Stat. §§ 181.950-181.957.
II. GENERAL STATEMENT OF POLICY
A. All school district employees and job applicants whose positions
require a
commercial driver’s license will be required to undergo drug and alcohol
testing in accordance with federal law and the applicable provisions of this
policy. The school district also may request or require that drivers submit
to drug and alcohol testing in accordance with the provisions of this policy
and as provided in Minn. Stat. §§ 181.950-181.957.
B. The school district may request or require that any school district
employee or job applicant, other than an employee or applicant whose position
requires a commercial driver’s license, submit to drug and alcohol testing
in
accordance with the provisions of this policy and as provided in Minn. Stat.
§§ 181.950-181.957.
C. The use, possession, sale, purchase, transfer, or dispensing of any
drugs
not medically prescribed is prohibited on school district property (which
includes school district vehicles), while operating school district vehicles
or equipment, and at any school-sponsored program or event. Use of drugs
which are not medically prescribed is also prohibited throughout the school
or
work day, including lunch or other breaks, whether or not the employee is on
or off school district property. Employees under the influence of drugs
which
are not medically prescribed are prohibited from entering or remaining on
school district property.
D. The use, possession, sale, purchase, transfer, or dispensing of
alcohol is
prohibited on school district property (which includes school district
vehicles), while operating school district vehicles or equipment, and at any
school-sponsored program or event. Use of alcohol is also prohibited
throughout the school or work day, including lunch or other breaks, whether
or
not the employee is on or off school district property. Employees under the
influence of alcohol are prohibited from entering or remaining on school
district property.
E. Any employee who violates this section shall be subject to
discipline which
includes, but is not limited to, immediate suspension without pay and
immediate discharge.
III. FEDERALLY MANDATED DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS
A. General Statement of Policy
All persons subject to commercial driver’s license requirements shall be
tested for alcohol, marijuana, cocaine, amphetamines, opiates (including
heroin), and phencyclidine (PCP), pursuant to federal law. Drivers who test
positive for alcohol or drugs shall be subject to disciplinary action, which
may include termination of employment.
B. Definitions
1. “Actual Knowledge” means actual knowledge by the school district
that a
driver has used alcohol or controlled substances based on: (a) direct
observation of the employee’s use (not observation of behavior sufficient to
warrant reasonable suspicion testing); (b) information provided by a previous
employer; (c) a traffic citation; or (d) an employee’s admission, except when
made in connection with a qualified employee self-admission program.
2. “Alcohol Screening Device” (ASD) means a breath or saliva device,
other
than an Evidential Breath Testing Device (EBT), that is approved by the
National Highway Traffic Safety Administration and placed on its Conforming
Products List for such devices.
3. “Breath Alcohol Technician” (BAT) means an individual who instructs
and
assists individuals in the alcohol testing process and who operates the
Evidential Breath Testing Device (EBT).
4. “Commercial Motor Vehicle” (CMV) includes a vehicle which is
designed to
transport 16 or more passengers, including the driver.
5. “Designated Employer Representative” (DER) means a designated school
district representative authorized to take immediate action to remove
employees from safety-sensitive duties, to make required decisions in the
testing and evaluation process, and to receive test results and other
communications for the school district.
6. “DOT” means United States Department of Transportation.
7. “Driver” is any person who operates a Commercial Motor Vehicle,
including
full-time, regularly employed drivers, casual, intermittent or occasional
drivers, leased drivers, and independent owner-operator contractors.
8. “Evidential Breath Testing Device” (EBT) means a device approved by
the
National Highway Traffic Safety Administration for the evidentiary testing of
breath for alcohol concentration and placed on its Conforming Products List
for such devices.
9. “Medical Review Officer” (MRO) means a licensed physician
responsible for
receiving and reviewing laboratory results generated by the school district’s
drug testing program and for evaluating medical explanations for certain drug
tests.
10. “Refusal to Submit” (to an alcohol or controlled substances test)
means
that a driver: (a) fails to appear for any test within a reasonable time, as
determined by the school district, consistent with applicable DOT
regulations,
after being directed to do so; (b) fails to remain at the testing site until
the testing process is complete; (c) fails to provide a urine specimen or an
adequate amount of saliva or breath for any DOT drug or alcohol test; (d)
fails to permit the observation or monitoring of the driver’s provision of a
specimen in the case of a directly observed or monitored collection in a drug
test; (e) fails to provide a sufficient breath specimen or sufficient amount
of urine when directed and it has been determined that there was no adequate
medical explanation for the failure; (f) fails or declines to take an
additional test as directed; (g) fails to undergo a medical examination or
evaluation, as directed by the Medical Review Officer or the Designated
Employer Representative; (h) fails to cooperate with any part of the testing
process (e.g., refuses to empty pockets when so directed by the collector,
behaves in a confrontational way that disrupts the collection process, fails
to sign the certification on the forms); or (i) is reported by the Medical
Review Officer as having a verified adulterated or substituted test result.
An applicant who fails to appear for a pre-employment test, who leaves the
testing site before the pre-employment testing process commences, or who
doesn’t provide a specimen because he or she has left before it starts is not
deemed to have refused to submit to testing.
11. “Safety-sensitive functions” are on-duty functions from the time the
driver begins work or is required to be in readiness to work until relieved
from work, and include such functions as driving, loading and unloading
vehicles, or supervising or assisting in the loading or unloading of
vehicles,
servicing, repairing, obtaining assistance to repair, or remaining in
attendance during the repair of a disabled vehicle.
12. “Screening Test Technician” (STT) means anyone who instructs and
assists
individuals in the alcohol testing process and operates an Alcohol Screening
Device.
13. “Stand Down” means to temporarily remove an employee from performing
safety-sensitive functions after a laboratory reports a confirmed positive,
an
adulterated, or a substituted test result but before a Medical Review Officer
completes the verification process.
14. “Substance Abuse Professional” (SAP) means a qualified person who
evaluates employees who have violated a Department of Transportation drug and
alcohol regulation and makes recommendations concerning education, treatment,
follow-up testing, and aftercare.
C. Policy and Educational Materials
[Note: The federal regulations require that school districts provide
materials
to bus drivers explaining the school district’s policies and procedures and
the federal requirements with respect to the mandatory drug and alcohol
testing of bus drivers. 49 C.F.R. § 382.601. Almost all of the required
information is contained within thisl policy. Other materials to be provided
to employees are described in Paragraph 2. of this Section
1. The school district shall provide a copy of this policy and
procedures to
each driver prior to the start of its alcohol and drug testing program and to
each driver subsequently hired or transferred into a position requiring
driving of a Commercial Motor Vehicle.
2. The school district shall provide to each driver information
concerning the
effects of alcohol and controlled substances use on an individual’s health,
work, and personal life; signs and symptoms of an alcohol or drug problem;
and
available methods of intervening when an alcohol or drug problem is
suspected,
including confrontation, referral to an employee assistance program, and/or
referral to management.
3. The school district shall provide written notice to representatives
of
employee organizations that the information described above is available.
4. The school district shall require each driver to sign a statement
certifying that he or she has received a copy of the policy and materials.
This statement should be in the form of Attachment A to this policy. The
school district will maintain the original signed certificate and will
provide
a copy to the driver if the driver so requests.
[Note: The federal regulations require a school district to obtain a signed
statement from each driver certifying that he or she has received a copy of
these materials. 49 C.F.R. § 382.601(d). The original certificate must be
maintained by the school district and a copy may be provided to the driver.]
D. Alcohol and Controlled Substances Testing Program Manager
[Note: School districts are required by the federal regulations to designate
a
person to answer driver questions about the policy and the education
materials
described & to notify the drivers of the designation. 49 C.F.R. § 382.601(b)
(1).]
1. The program manager will coordinate the implementation, direction,
and
administration of the alcohol and controlled substances testing policy for
bus
drivers. The program manager is the principal contact for the collection
site, the testing laboratory, the Medical Review Officer, the Breath Alcohol
Technician, the Substance Abuse Professional, and the person submitting to
the
test. Employee questions concerning this policy shall be directed to the
program manager.
2. The school district shall designate a program manager, the bus
supervisor,
and provide written notice of the designation to each driver along with this
policy.
E. Specific Prohibitions for Drivers
[Note: The specific prohibitions for drivers are contained, in large part, in
49 C.F.R. §§ 382.201-382.215.]
1. Alcohol Concentration. No driver shall report for duty or remain on
duty
requiring the performance of safety-sensitive functions while having an
alcohol concentration of 0.04 or greater. Drivers who test greater than 0.04
will be taken out of service and will be subject to evaluation by a
professional and retesting at the driver’s expense.
2. Alcohol Possession. No driver shall be on duty or operate a
Commercial
Vehicle while the driver possesses alcohol.
3. On-Duty Use. No driver shall use alcohol while performing safety-
sensitive
functions.
4. Pre-Duty Use. No driver shall perform safety-sensitive functions
within
four (4) hours after using alcohol.
5. Use Following an Accident. No driver required to take a post-
accident test
shall use alcohol for eight (8) hours following the accident, or until he or
she undergoes a post-accident alcohol test, whichever occurs first.
6. Refusal to Submit to a Required Test. No driver shall refuse to
submit to
an alcohol or controlled substances test required by post-accident, random,
reasonable suspicion, return-to-duty, or follow-up testing requirements. A
verified adulterated or substituted drug test shall be considered a refusal
to
test.
7. Use of Controlled Substances. No driver shall report for duty or
remain on
duty requiring the performance of safety-sensitive functions when the driver
uses any controlled substance, except when the use is pursuant to
instructions
(which have been presented to the school district) from a licensed physician
who has advised the driver that the substance does not adversely affect the
driver’s ability to safely operate a Commercial Motor Vehicle.
8. Positive, Adulterated, or Substituted Test for Controlled
Substance. No
driver shall report for duty, remain on duty, or perform a safety-sensitive
function if the driver tests positive for controlled substances or has
adulterated or substituted a test specimen for controlled substances.
9. General Prohibition. Drivers are also subject to the general
policies and
procedures of the school district which prohibit the possession, transfer,
sale, exchange, reporting to work under the influence of drugs or alcohol,
and
consumption of drugs or alcohol while at work or while on school district
premises or operating any school district vehicle, machinery, or equipment.
F. Other Alcohol-Related Conduct
[Consequences for drivers engaging in alcohol-related conduct are described
in
the federal reg.9 C.F.R. § 382.505.]
No driver found to have an alcohol concentration of 0.02 or greater but less
than 0.04 shall perform safety-sensitive functions for at least twenty-four
(24) hours following administration of the test. The school district will
not
take any action under this policy other than removal from safety-sensitive
functions based solely on test results showing an alcohol concentration of
less than 0.04 but may take action otherwise consistent with law & policy of
the school district.
G. Prescription Drugs
A driver shall inform his or her supervisor if at any time the driver is
using
a controlled substance pursuant to a physician’s prescription. The
physician’s instructions shall be presented to the school district upon
request. Use of a prescription drug shall be allowed if the physician has
advised the driver that the prescribed drug will not adversely affect the
driver’s ability to safely operate a Commercial Motor Vehicle.
H. Testing Requirements
1. Pre-Employment Testing
[Note: 49 C.F.R. § 382.301 details the requirements for pre-employment
testing.]
a. A driver applicant shall undergo testing for [alcohol and] controlled
substances before the first time the driver performs safety-sensitive
functions for the school district.
[Note: A school district is permitted, but not required, to conduct
pre-employment testing for the use of alcohol. If a school district elects to
require pre-employment testing for alcohol, it should include the bracketed
text in Subparagraph a., above, and test all applicants uniformly.]
b. Tests shall be conducted only after the applicant has received a
conditional offer of employment.
c. In order to be hired, the applicant must test negative and must sign
an
agreement in the form of Attachment B to this policy, authorizing former
employers to release to the school district all information on the
applicant’s
alcohol tests with results of blood alcohol concentration of 0.04 or higher,
or verified positive results for controlled substances, or refusals to be
tested (including verified adulterated or substituted drug test results), or
any other violations of DOT agency drug and alcohol testing regulations, or,
if the applicant violated the testing regulations, documentation of the
applicant’s successful completion of DOT return-to-duty requirements
(including follow-up tests), within the preceding two (2) years.
[Note: The federal regulations require school districts to inquire about,
obtain, and review alcohol and controlled substances information from prior
employers pursuant to a driver’s written authorization, prior to the time a
driver performs safety-sensitive functions, if feasible. 49 C.F.R. § 382.413
and 49 C.F.R. § 40.25. If not feasible, school districts must not permit the
employee to perform safety-sensitive functions for more than thirty (30) days
from the date a safety-sensitive function was performed unless the school
districts make good faith efforts to obtain the information and to make a
record of those efforts to be retained in the driver’s qualification file.]
d. The applicant also must be asked whether he or she has tested
positive, or
refused to test, on any pre-employment drug or alcohol test administered by
an
employer to which the employee, during the last two (2) years, applied for,
but did not obtain, safety-sensitive transportation work covered by DOT
testing rules.
2. Post-Accident Testing
[Note: 49 C.F.R. § 382.303 governs post-accident testing of drivers.]
a. As soon as practicable following an accident involving a Commercial
Motor
Vehicle, the school district shall test the driver for alcohol and controlled
substances if the accident involved the loss of human life or if the driver
receives a citation for a moving traffic violation arising from an accident
which results in bodily injury or disabling damage to a motor vehicle.
b. Drivers should be tested for alcohol use within two (2) hours and no
later
than eight (8) hours after the accident.
c. Drivers should be tested for controlled substances no later than
thirty-two
(32) hours after the accident.
d. A driver subject to post-accident testing must remain available for
testing, or shall be considered to have refused to submit to the test.
e. If a post-accident alcohol test is not administered within two (2)
hours
following the accident, the school district shall prepare and maintain on
file
a record stating the reasons the test was not promptly administered and
continue to attempt to administer the alcohol test within eight (8) hours.
f. If a post-accident alcohol test is not administered within eight (8)
hours
following the accident or a post-accident controlled substances test is not
administered within thirty-two (32) hours following the accident, the school
district shall cease attempts to administer the test, and prepare and
maintain
on file a record stating the reasons for not administering the test.
3. Random Testing
[Note: 49 C.F.R. § 382.305 governs random testing of drivers.]
a. The school district shall conduct tests on a random basis at
unannounced
times throughout the year, as required by the federal regulations.
[Note: The Federal Highway Administration lowered the random alcohol
selection and testing rate from 25% of the average number of driver positions
to 10% in 1998 and evaluates this minimum percentage each year. School
districts can elect to stay at 25% (or a higher percentage) if they do not
want to monitor the minimum annual percentage rate set by the FHWA.] The
random controlled substances selection and testing rate has remained at 50%
each year and has not been lowered to 25% as is possible under the
regulations.
b. The school district shall test for alcohol at a minimum annual
percentage
rate of 10% of the average number of driver positions, and for controlled
substances, at a minimum annual percentage of 50%.
c. The school district shall adopt a scientifically valid method for
selecting
drivers for testing, such as random number table or a computer-based random
number generator that is matched with identifying numbers of the drivers.
Each driver shall have an equal chance of being tested each time selections
are made.
d. Random tests shall be unannounced. Dates for administering random
tests
shall be spread reasonably throughout the calendar year.
e. Drivers shall proceed immediately to the collection site upon
notification
of selection; provided, however, that if the driver is performing a
safety-sensitive function, other than driving, at the time of notification,
the driver shall case to perform the function and proceed to the collection
site as soon as possible.
4. Reasonable Suspicion Testing
[Note: 49 C.F.R. § 382.307 governs reasonable suspicion testing of drivers.]
a. The school district shall require a driver to submit to an alcohol
test
and/or controlled substances test when a supervisor or school district
official, who has been trained in accordance with the regulations, has
reasonable suspicion to believe that the driver has used alcohol and/or
controlled substances on duty or within four (4) hours before coming on duty.
The test shall be done as soon as practicable following the observation of
the behavior indicative of the use of controlled substances or alcohol.
b. The reasonable suspicion determination must be based on specific,
contemporaneous, articulable observations concerning the driver’s appearance,
behavior, speech, or body odors. The required observations for reasonable
suspicion of a controlled substances violation may include indications of the
chronic and withdrawal effects of controlled substances.
c. Alcohol testing shall be administered within two (2) hours following
a
determination of reasonable suspicion. If it is not done within two (2)
hours, the school district shall prepare and maintain a record explaining why
it was not promptly administered and continue to attempt to administer the
alcohol test within eight (8) hours. If an alcohol test is not administered
within eight (8) hours following the determination of reasonable suspicion,
the school district shall cease attempts to administer the test and record
the
reasons for not administering the test.
d. The supervisor or school district official who makes observations
leading
to a controlled substances reasonable suspicion test shall make and sign a
written record of the observations within twenty-four (24) hours of the
observed behavior or before the results of the drug test are released,
whichever is earlier.
( 49 C.F.R. §§ 382.309, 40.23(d),
and 40.305 govern return-to-duty testing.]
5. Return-To-Duty Testing. A driver found to have violated this policy
shall
not return to work until a Substance Abuse Professional has determined the
employee has successfully complied with prescribed education and/or treatment
and until undergoing return-to-duty tests indicating an alcohol concentration
of less than 0.02 and a confirmed negative result for the use of controlled
substances.
[Note: 49 C.F.R. §§ 382.311, 40.307, and 40.309 govern follow-up testing.]
6. Follow-Up Testing. When a Substance Abuse Professional (SAP) has
determined that a driver is in need of assistance in resolving problems with
alcohol and/or controlled substances, the driver shall be subject to
unannounced follow-up testing as directed by the SAP for up to 60 months
after
completing a treatment program.
7. Refusal to Submit and Attendant Consequences
[Note: Consequences for refusals to submit to required drug and alcohol tests
are addressed generally in 49 C.F.R. §§ 40.191, 40.261, and 382.211. They
are
more specifically addressed in 49 C.F.R. §§ 382.501-382.507 and in 49 U.S.C.
§
521(b).]
a. A driver or driver applicant may refuse to submit to drug and
alcohol testing.
b. Refusal to submit to a required drug or alcohol test subjects the
driver or
driver applicant to the consequences specified in federal regulations as well
as the civil and/or criminal penalty provisions of 49 U.S.C. § 521(b). In
addition, a refusal to submit to testing establishes a presumption that the
driver or driver applicant would test positive if a test were conducted and
makes the driver subject to discipline or disqualification under this policy.
c. A driver applicant who refuses to submit to testing shall be
disqualified
from further consideration for the conditionally offered position.
d. An employee who refuses to submit to testing shall not be permitted
to
perform safety-sensitive functions and will be considered insubordinate and
subject to disciplinary action, up to and including dismissal. If an
employee
is offered an opportunity to return to a DOT safety-sensitive duty, the
employee will be evaluated by a Substance Abuse Professional and must submit
to a return-to-duty test prior to being considered for reassignment to
safety-sensitive functions.
e. Drivers who refuse to submit to required testing will be required to
sign
Attachment C to this policy.
I. Testing Procedures
1. Drug Testing
[Note:The Federal Drug Testing Custody and Control Form (CCF) must be used to
document every urine collection required by the DOT drug testing program. 49
C.F.R. § 40.45.]
a. Drug testing is conducted by analyzing a donor’s urine specimen.
Split
urine samples will be collected in accordance with federal regulations. The
donor will provide a urine sample at a designated collection site. The
collection site personnel will then pour the sample into two sample bottles,
labeled “primary” and “split,” seal the specimen bottles, complete the chain
of custody form, and prepare the specimen bottles for shipment to the testing
laboratory for analysis. The specimen preparation shall be conducted in
sight
of the donor.
b. If the donor is unable to provide the appropriate quantity of urine,
the
collection site person shall instruct the individual to drink up to forty
(40)
ounces of fluid distributed reasonably through a period of up to three (3)
hours to attempt to provide a sample. If the individual is still unable to
provide a complete sample, the test shall be discontinued and the school
district notified. The Designated Employer Representative shall refer the
donor for a medical evaluation to determine if the donor’s inability to
provide a specimen is genuine or constitutes a refusal to test. For
pre-employment testing, the school district may elect to not have a referral
made, and revoke the employment offer.
c. Drug test results are reported directly to the Medical Review
Officer (MRO)
by the testing laboratory. The MRO reports the results to the Designated
Employer Representative. If the results are negative, the school district is
informed and no further action is necessary. If the test result is confirmed
positive, adulterated, substituted, or invalid, the MRO shall give the donor
an opportunity to discuss the test result. The MRO will contact the donor
directly, on a confidential basis, to determine whether the donor wishes to
discuss the test result. The MRO shall notify each donor that the donor has
seventy-two (72) hours from the time of notification in which to request a
test of the split specimen at the donor’s expense.
d. If the donor requests an analysis of the split specimen within
seventy-two
(72) hours of having been informed of a confirmed positive test, the Medical
Review Officer (MRO) shall direct, in writing, the laboratory to provide the
split specimen to another Department of Health and Human Services – SAMHSA
certified laboratory for analysis. If the donor has not contacted the MRO
within seventy-two (72) hours, the donor may present the MRO information
documenting that serious illness, injury, inability to contact the MRO, lack
of actual notice of the confirmed positive test, or other circumstances
unavoidably prevented the donor from timely making contact. If the MRO
concludes that there is a legitimate explanation for the donor’s failure to
contact him/her within seventh-two (72) hours, the MRO shall direct the
analysis of the split specimen. The MRO will review the confirmed positive
test result to determine whether there is an acceptable medical reason for
the
positive result. The MRO shall confirm and report a positive test result to
the Designated Employer Representative and the employee when there is no
legitimate medical reason for a positive test result received from the
testing
lab.
e. If, after making reasonable efforts and documenting those efforts,
the
Medical Review Officer (MRO) is unable to reach the donor directly, the MRO
must contact the Designated Employer Representative (DER) who will direct the
donor to contact the MRO. If the DER is unable to contact the donor, the
donor will be suspended from performing safety-sensitive functions.
f. The Medical Review Officer may confirm the test as a positive without
having communicated directly with the donor about the test results under the
following circumstances:
(1) The donor expressly declines the opportunity to discuss the test
results;
(2) The donor has not contacted the Medical Review Officer within
seventy-two
(72) hours of being instructed to do so by the Designated Employer
Representative; or
(3) The Medical Review Officer and the Designated Employer
Representative,
after making and documenting all reasonable efforts, have not been able to
contact the donor with ten (10) days of the date the confirmed test result
was
received from the laboratory.
2. Alcohol Testing
[Note: Effective February 1, 2002, the DOT Alcohol Testing Form (ATF) must be
used for every DOT alcohol test. 49 C.F.R. § 40.225]
a. The federal alcohol testing regulations require testing to be
administered
by a Breath Alcohol Technician using an Evidential Breath Testing Device
(EBT)
or a Screening Test Technician using an Alcohol Screening Device (ASD). EBTs
and ASDs can be used for screening tests but only EBTs can be used for
confirmation tests.
b. Any test result less than 0.02 alcohol concentration is considered a
“negative” test.
c. If the donor is unable to provide sufficient saliva for an Alcohol
Screening Device, the Designated Employer Representative will immediately
arrange to use an Evidential Breath Testing Device. If the donor attempts
and
fails to provide an adequate amount of breath, the school district will
direct
the donor to obtain a written evaluation from a licensed physician to
determine if the donor’s inability to provide a breath sample is genuine or
constitutes a refusal to test.
d. If the screening test results show alcohol concentration of 0.02 or
higher,
a confirmatory test conducted on an Evidential Breath Testing Device will be
required to be performed between 15 and 30 minutes after the completion of
the
screening test.
e. Alcohol tests are reported directly to the Designated Employer
Representative.
J. Driver/Driver Applicant Rights
1. All drivers and driver applicants subject to the controlled
substances
testing provisions of this policy who receive a confirmed positive test
result
for the use of controlled substances have the right to request, at the
driver’s or driver applicant’s expense, a confirming retest of the split
urine
sample. If the confirming retest is negative, no adverse action will be
taken
against the driver, and a driver applicant will be considered for employment.
[Note: The limitation on discharge in Paragraph 2., below, is contained
solely
in Minnesota law. State law is preempted by federal laws and regulations as
it relates to drivers of commercial motor vehicles (such as bus drivers).
See
Minn. Stat. § 221.031, Subd. 10. Nevertheless, school districts may decide
to
comply with the state law requirements for various reasons (such as to treat
all school district employees equally since employees subject to testing only
under state law are accorded these additional rights). Consultation with the
school district’s legal counsel is recommended.]
2. The school district will not discharge a driver who, for the first
time,
receives a confirmed positive drug or alcohol test UNLESS:
a. The school district has first given the employee an opportunity to
participate in, at the employee’s own expense or pursuant to coverage under
an
employee benefit plan, either a drug or alcohol counseling or rehabilitation
program, whichever is more appropriate, as determined by the school district
after consultation with the Substance Abuse Professional; and
b. The employee refuses to participate in the recommended program, or
fails to
successfully complete the program as evidenced by withdrawal before its
completion or by a positive test result on a confirmatory test after
completion of the program.
c. This limitation on employee discharge does not bar discharge of an
employee
for reasons independent of the first confirmed positive test result.
K. Testing Laboratory
The testing laboratory for controlled substances will be Counterpoint
Workplace Solutions480 quadrangle< Suite A, Bolingbrook, IL 60440. Telephone
800-939-4782, which is a laboratory certified by the Department of Health and
Human Services – SAMHSA to perform controlled substances testing pursuant to
federal regulations.
L. Confidentiality of Test Results
All alcohol and controlled substances test results and required records of
the
drug and alcohol testing program are considered confidential information
under
federal law and private data on individuals as that phrase is defined in
Minn.
Stat. Ch. 13. Any information concerning the individual’s test results and
records shall not be released without written permission of the individual,
except as provided for by regulation or law.
M. Recordkeeping Requirements and Retention of Records
1. The school district shall keep and maintain records in accordance
with the
federal regulations in a secure location with controlled access.
[Note: The federal recordkeeping requirements for school districts are
detailed in the federal regulations 49 C.F.R. §§ 382.401 et seq. and 40.331.
The Federal Department of Transportation (DOT) publishes a guide to the
recordkeeping requirements of mandatory drug and alcohol testing for persons
with a commercial driver’s license as part of its Alcohol & Drugs: DOT
Compliance Manual.]
2. The required records shall be retained for the following minimum
periods:
Basic records 5 years
“Basic records” includes records of: (a) alcohol test results with
concentration of 0.02 or greater; (b) verified positive drug test results;
(c)
refusals to submit to required tests (including substituted or adulterated
drug test results); (d) SAP reports; (e) all follow-up tests and schedules
for
follow-up tests; (f) calibration documentation; (g) administration of the
testing programs; and (h) each annual calendar year summary.
Information obtained from previous employers 3 years
Collection records 2 years
Negative and cancelled drug tests 1 year
Alcohol tests with less than 0.02 concentration 1 year
Education and training records indefinite
“Education and training records” must be maintained while the individuals
perform the functions which require training and for the two (2) years after
ceasing to perform those functions.
N. Training
The school district shall ensure all persons designated to supervise drivers
receive training. The designated employees shall receive at least sixty (60)
minutes of training on alcohol misuse and at least sixty (60) minutes of
training on controlled substances use. The training shall include physical,
behavioral, speech, and performance indicators of probable misuse of alcohol
and use of controlled substances. The training will be used by the
supervisors to make determinations of reasonable suspicion.
O. Consequences of Prohibited Conduct and Enforcement
1. Removal. The school district shall remove a driver who has engaged
in
prohibited conduct from safety-sensitive functions. A driver shall not be
permitted to return to safety-sensitive functions until and unless the
return-to-duty requirements of federal DOT regulations have been completed.
2. Referral, Evaluation, and Treatment
a. A driver or driver applicant who has engaged in prohibited conduct
shall be
provided a listing of Substance Abuse Professionals readily available to the
driver or applicant and acceptable to the school district.
[Note: Subparagraphs b. and c., below, are based on the provisions of 49
C.F.R. § 40.289.]
b. If the school district offers a driver an opportunity to return to a
DOT
safety-sensitive duty following a violation, the driver must be evaluated by
a
Substance Abuse Professional (SAP) and the driver is required to successfully
comply with the SAP’s evaluation recommendations (education, treatment,
follow-up evaluation(s), and/or ongoing services). The school district is
not
required to provide a SAP evaluation or any subsequent recommended education
or treatment.
c. Drivers are responsible for payment for Substance Abuse Professional
evaluations and services unless a collective bargaining agreement or employee
benefit plan provides otherwise.
d. Drivers who engage in prohibited conduct also are required to comply
with
follow-up testing requirements.
3. Disciplinary Acton
a. Any driver who refuses to submit to post-accident, random, reasonable
suspicion, or follow-up testing not only shall not perform or continue to
perform safety-sensitive functions, but also may be subject to disciplinary
action, which may include immediate suspension without pay and/or immediate
discharge.
b. Drivers who test positive with verification of a confirmatory test
or are
otherwise found to be in violation of this policy or the federal regulations
shall be subject to disciplinary action, which may include immediate
suspension without pay and/or immediate discharge.
c. Nothing in this policy limits or restricts the right of the school
district
to discipline or discharge a driver for conduct, which not only constitutes
prohibited conduct under this policy but also violates the school district’s
other rules or policies.
P. Other Testing
The school district may request or require that drivers submit to drug and
alcohol testing other than that required by federal law. For example,
drivers
may be requested or required to undergo drug and alcohol testing on an annual
basis as part of a routine physical examination. Such additional testing of
drivers will be conducted only in accordance with the provisions of this
policy and as provided in Minn. Stat. §§ 181.950-181.957. For purposes of
such additional, non-mandatory testing, drivers fall within the definition of
“other employees” covered by Section IV. of this policy.
[Note: When the testing of drivers complies with federal testing requirements
and procedures, school districts clearly are exempt from the state drug and
alcohol testing requirements in Minn. Stat. §§ 181.950-181.957. See Minn.
Stat. § 221.031, Subd. 10. When testing beyond the federally mandated
requirements, however, school districts still must comply with state law.]
IV. DRUG AND ALCOHOL TESTING FOR OTHER EMPLOYEES
The school district may request or require drug and alcohol testing for other
school district personnel, i.e., employees who are not school bus drivers, or
job applicants for such positions. The school district does not have a legal
duty to request or require any employee or job applicant to undergo drug and
alcohol testing as authorized in this policy, except for school bus drivers
and other drivers of Commercial Motor Vehicles who are subject to federally
mandated testing. (See Section III. of this policy.) If a school bus driver
is requested or required to submit to drug or alcohol testing beyond that
mandated by federal law, the provisions of Section IV. of this policy will be
applicable to such testing.
A. Circumstances Under Which Drug or Alcohol Testing May Be Requested
or Required:
1. General Limitations
a. The school district will not request or require an employee or job
applicant whose position does not require a commercial driver’s license to
undergo drug or alcohol testing, unless the testing is done pursuant to this
drug and alcohol testing policy; and is conducted by a testing laboratory
which participates in one of the programs listed in Minn. Stat. § 181.953,
Subd. 1.
b. The school district will not request or require an employee or job
applicant whose position does not require a commercial driver’s license to
undergo drug and alcohol testing on an arbitrary and capricious basis.
2. Job Applicant Testing
The school district may request or require any job applicant, whose position
does not require a commercial driver’s license to undergo drug and alcohol
testing, provided a job offer has been made to the applicant and the same
test
is requested or required of all job applicants conditionally offered
employment for that position. If a job applicant has received a job offer
which is contingent on the applicant’s passing drug and alcohol testing, the
school district may not withdraw the offer based on a positive test result
from an initial screening test that has not been verified by a confirmatory
test. In the event the job offer is subsequently withdrawn, the school
district shall notify the job applicant of the reason for its action.
3. Random Testing
The school district may request or require only employees in safety-sensitive
positions to undergo drug and alcohol testing on a random selection basis.
4. Reasonable Suspicion Testing
The school district may request or require any employee to undergo drug and
alcohol testing if the school district has a reasonable suspicion that the
employee:
a. is under the influence of drugs or alcohol;
b. has violated the school district’s written work rules prohibiting
the use,
possession, sale, or transfer of drugs or alcohol while the employee is
working or while the employee is on the school district’s premises or
operating the school district’s vehicles, machinery, or equipment;
c. has sustained a personal injury, as that term is defined in Minn.
Stat. §
176.011, Subd. 16, or has caused another employee to sustain a personal
injury; or
d. has caused a work-related accident or was operating or helping to
operate
machinery, equipment, or vehicles involved in a work-related accident.
5. Treatment Program Testing
The school district may request or require any employee to undergo drug and
alcohol testing if the employee has been referred by the school district for
chemical dependency treatment or evaluation or is participating in a chemical
dependency treatment program under an employee benefit plan, in which case
the
employee may be requested or required to undergo drug and alcohol testing
without prior notice during the evaluation or treatment period and for a
period of up to two (2) years following completion of any prescribed chemical
dependency treatment program.
6. Routine Physical Examination Testing
The school district may request or require any employee to undergo drug and
alcohol testing as part of a routine physical examination provided the drug
or
alcohol test is requested or required no more than once annually and the
employee has been given at least two weeks’ written notice that a drug or
alcohol test may be requested or required as part of the physical
examination.
B. No Legal Duty to Test
The school district does not have a legal duty to request or require any
employee or job applicant whose position does not require a commercial
driver’s license to undergo drug and alcohol testing.
C. Definitions
1. “Drug” means a controlled substance as defined in Minnesota Statutes.
2. “Drug and alcohol testing,” “drug or alcohol testing,” and “drug or
alcohol
test” mean analysis of a body component sample according to the standards
established under one of the programs listed in Minn. Stat. § 181.953, Subd.
1, for the purpose of measuring the presence or absence of drugs, alcohol, or
their metabolites in the sample tested.
3. “Other Employees” means any persons, independent contractors, or
persons
working for an independent contractor who perform services for the school
district for compensation, either full time or part time, in whatever form,
except for persons whose positions require a commercial driver’s license, and
includes both professional and nonprofessional personnel. Persons whose
positions require a commercial driver’s license are primarily governed by the
provisions of the school district’s drug and alcohol testing policy relating
to school bus drivers (Section III.). To the extent that the drug and
alcohol
testing of persons whose positions require federal law and regulations do not
mandate a commercial driver’s license, Section IV shall govern such testing.
of this policy and the drivers shall fall within this definition of “other
employees.”
4. “Job applicant” means a person, independent contractor, or person
working
for an independent contractor who applies to become an employee of the school
district in a position that does not require a commercial driver’s license,
and includes a person who has received a job offer made contingent on the
person’s passing drug or alcohol testing. Job applicants for positions
requiring a commercial driver’s license are governed by the provisions of the
school district’s drug and alcohol testing policy relating to school bus
drivers (Section III.).
5. “Positive test result” means a finding of the presence of drugs,
alcohol,
or their metabolites in the sample tested in levels at or above the threshold
detection levels contained in the standards of one of the programs listed in
Minn. Stat. § 181.953, Subd. 1.
6. “Random selection basis” means a mechanism for selection of
employees that:
a. results in an equal probability that any employee from a group of
employees
subject to the selection mechanism will be selected; and
b. does not give the district discretion to waive the selection of any
employee selected under the mechanism.
7. “Reasonable suspicion” means a basis for forming a belief based on
specific
facts and rational inferences drawn from those facts.
8. “Safety-sensitive position” means a job, including any supervisory or
management position, in which an impairment caused by drug or alcohol usage
would threaten the health or safety of any person.
D. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol
Testing
and Consequences of Such Refusal
1. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol
Testing
Any employee or job applicant whose position does not require a commercial
driver’s license has the right to refuse drug and alcohol testing subject to
the provisions contained in Paragraphs 2. and 3. of this Section D.
2. Consequences of an Employee’s Refusal to Undergo Drug and Alcohol Testing
Any employee in a position that does not require a commercial driver’s
license
who refuses to undergo drug and alcohol testing in the circumstances set
out in the Random Testing, Reasonable Suspicion Testing, and Treatment
Program
Testing provisions of this policy may be subject to disciplinary action, up
to
and including immediate discharge.
3. Consequences of a Job Applicant’s Refusal to Undergo Drug and
Alcohol Testing
Any job applicant for a position that does not require a commercial driver’s
license who refuses to undergo drug and alcohol testing pursuant to the Job
Applicant Testing provision of this policy shall not be employed.
E. Reliability and Fairness Safeguards
1. Pretest Notice
Before requesting an employee or job applicant whose position does not
require
a commercial driver’s license to undergo drug or alcohol testing, the school
district shall provide the employee or job applicant with a Pretest Notice in
the form of Attachment D to this policy on which to acknowledge that the
employee or job applicant has received the school district’s drug and alcohol
testing policy.
2. Notice of Test Results
Within three (3) working days after receipt of a test result report from the
testing laboratory, the school district shall inform in writing an employee
or
job applicant who has undergone drug or alcohol testing of a negative test
result on an initial screening test or of a negative or positive test result
on a confirmatory test.
3. Notice of and Right to Test Result Report
Within three (3) working days after receipt of a test result report from the
testing laboratory, the school district shall inform in writing, an employee
or job applicant who has undergone drug or alcohol testing of the employee or
job applicant’s right to request & receive from the district a copy of the
test result report on any drug or alcohol test.
4. Notice of and Right to Explain Positive Test Result
a. If an employee or job applicant has a positive test result on a
confirmatory test, the school district shall provide him or her with notice
of
the test results and, at the same time, written notice of the right to
explain
the results and to submit additional information.
b. The school district may request that the employee or job applicant
indicate
any over-the-counter or prescription medication that the individual is
currently taking or has recently taken and any other information relevant to
the reliability of, or explanation for, a positive test result.
c. Within three (3) working days after notice of a positive test result
on a
confirmatory test, an employee or job applicant may submit information (in
addition to any information already submitted) to the school district to
explain that result.
5. Notice of and Right to Request Confirmatory Retests
a. If an employee or job applicant has a positive test result on a
confirmatory test, the school district shall provide him or her with notice
of
the test results and, at the same time, written notice of the right to
request
a confirmatory retest of the original sample at his or her expense.
b. An employee or job applicant may request a confirmatory retest of the
original sample at his or her own expense after notice of a positive test
result on a confirmatory test. Within five (5) working days after notice of
the confirmatory test result, the employee or job applicant shall notify the
school district in writing of his or her intention to obtain a confirmatory
retest. Within three (3) working days after receipt of the notice, the
school
district shall notify the original testing laboratory that the employee or
job
applicant has requested the laboratory to conduct the confirmatory retest or
to transfer the sample to another laboratory licensed under Minn. Stat. §
181.953, Subd. 1 to conduct the confirmatory retest. The original testing
laboratory shall ensure that appropriate chain-of-custody procedures are
followed during transfer of the sample to the other laboratory. The
confirmatory retest must use the same drug or alcohol threshold detection
levels as used in the original confirmatory test. If the confirmatory retest
does not confirm the original positive test result, no personnel action based
on the original confirmatory test may be taken against the employee or
applicant.
6. If an employee or job applicant has a positive test result on a
confirmatory test, the school district, at the time of providing notice of
the
test results, shall also provide written notice to inform him or her of other
rights provided under Sections F. or G., below, whichever is applicable.
Attachments E and F to this policy provide the Notices described in
Paragraphs
2. through 6. of this Section E.
F. Discharge and Discipline of Employees Whose Positions Do Not Require
a
Commercial Driver’s License
1. The school district may not discharge, discipline, discriminate
against,
request, or require rehabilitation of an employee on the basis of a positive
test result from an initial screening test that has not been verified by a
confirmatory test.
2. In the case of a positive test result on a confirmatory test, the
employee
shall be subject to discipline that includes, but is not limited to,
immediate
suspension without pay and immediate discharge, pursuant to the provisions of
this policy.
3. The school district may not discharge an employee for whom a
positive test
result on a confirmatory test was the first such result for the employee on a
drug or alcohol test requested by the school district, unless the following
conditions have been met:
a. The school district has first given the employee an opportunity to
participate in, at the employee’s own expense or pursuant to coverage under
an
employee benefit plan, either a drug or alcohol counseling or rehabilitation
program, whichever is more appropriate, as determined by the school district
after consultation with a certified chemical abuse counselor or a physician
trained in the diagnosis and treatment of chemical dependency; and
b. The employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the program, as
evidenced by withdrawal from the program before its completion or by a
positive test result on a confirmatory test after completion of the program.
4. Notwithstanding Paragraph 1., the school district may temporarily
suspend
the tested employee or transfer that employee to another position at the same
rate of pay pending the outcome of the confirmatory test and, if requested,
the confirmatory retest, provided the school district believes that it is
reasonably necessary to protect the health or safety of the employee,
co-employees or the public. An employee who has been suspended without pay
must be reinstated with back pay if the outcome of the confirmatory test or
requested confirmatory retest is negative.
5. The school district may not discharge, discipline, discriminate
against,
request, or require rehabilitation of an employee on the basis of medical
history information revealed to the school district, unless the employee was
under an affirmative duty to provide the information before, upon or after
hire.
6. An employee must be given access to information in his or her
personnel
file relating to positive test result reports and other information acquired
in the drug and alcohol testing process and conclusions drawn from and
actions
taken based on the reports or other acquired information.
G. Withdrawal of Job Offer for an Applicant for a Position That Does Not
Require a Commercial Driver’s License
If a job applicant has received a job offer made contingent on the
applicant’s
passing drug and alcohol testing, the school district may not withdraw the
offer based on a positive test result from an initial screening test that has
not been verified by a confirmatory test. In the case of a positive test
result on a confirmatory test, the school district may withdraw the job
offer.
H. Chain-of-Custody Procedures
The school district has established its own reliable chain-of-custody
procedures to ensure proper record keeping, handling, labeling, and
identification of the samples to be tested. The procedures require the
following:
1. Possession of a sample must be traceable to the employee from whom
the
sample is collected, from the time the sample is collected through the time
the sample is delivered to the laboratory;
2. The sample must always be in the possession of, must always be in
view of,
or must be placed in a secure area by a person authorized to handle the
sample;
3. A sample must be accompanied by a written chain-of-custody record;
and
4. Individuals relinquishing or accepting possession of the sample must
record
the time the possession of the sample was transferred and must sign and date
the chain-of-custody record at the time of transfer.
I. Privacy, Confidentiality and Privilege Safeguards
1. Privacy Limitations
A laboratory may only disclose to the school district test result data
regarding the presence or absence of drugs, alcohol or their metabolites in a
sample tested.
2. Confidentiality Limitations
With respect to employees and job applicants, test result reports and other
information acquired in the drug or alcohol testing process are private data
on individuals as that phrase is defined in Minn. Stat. Ch. 13, and may not
be
disclosed by the school district or laboratory to another employer or to a
third-party individual, governmental agency, or private organization without
the written consent of the employee or job applicant tested.
3. Exceptions to Privacy and Confidentiality Disclosure Limitations
Notwithstanding Paragraphs 1. and 2., evidence of a positive test result on a
confirmatory test may be: (1) used in an arbitration proceeding pursuant to
a
collective bargaining agreement, an administrative hearing under Minn. Stat.
Ch. 43A or other applicable state or local law, or a judicial proceeding,
provided that information is relevant to the hearing or proceeding; (2)
disclosed to any federal agency or other unit of the United States government
as required under federal law, regulation or order, or in accordance with
compliance requirements of a federal government contract; and (3) disclosed
to
a substance abuse treatment facility for the purpose of evaluation or
treatment of the employee.
4. Privilege
Positive test results from the school district drug or alcohol-testing
program
may not be used as evidence in a criminal action against the employee or job
applicant tested.
J. Notice of Testing Policy to Affected Employees
The school district shall provide written notice of this drug and alcohol
testing policy to all affected employees upon adoption of the policy, to a
previously non-affected employee upon transfer to an affected position under
the policy, and to a job applicant upon hire and before any testing of the
applicant if the job offer is made contingent on the applicant’s passing drug
and alcohol testing. Affected employees and applicants will acknowledge
receipt of this written notice in the form of Attachment G to this policy.
V. POSTING
The school district shall post notice in an appropriate and conspicuous
location on its premises that it has adopted a drug and alcohol testing
policy
and that copies of the policy are available for inspection during regular
business hours by its employees or job applicants in its personnel office or
other suitable locations.
417 CHEMICAL USE AND ABUSE
Adopted: July 12, 2005
[Note: This policy reflects mandatory provisions of state and federal law and
is not discretionary.]
I. PURPOSE
The school board recognizes that chemical use and abuse constitutes a grave
threat to the physical and mental well-being of students and employees and
significantly impedes the learning process. Chemical use and abuse also
creates significant problems for society in general. The school board
believes that the public school has a role in education, intervention, and
prevention of chemical use and abuse. The purpose of this policy is to
assist
the school district in its goal to prevent chemical use and abuse by
providing
procedures for education and intervention.
II. GENERAL STATEMENT OF POLICY
A. Use of controlled substances, toxic substances, and alcohol is
prohibited
in the school setting in accordance with school district policies with
respect
to a Drug-Free Workplace/Drug-Free School.
B. It is the policy of this school district to provide an instructional
program in every elementary and secondary school in chemical abuse and the
prevention of chemical dependency.
C. The school district shall establish and maintain in every school a
chemical
abuse preassessment team. The team is responsible for addressing reports of
chemical abuse problems and making recommendations for appropriate responses
to the individual reported cases.
D. It will be the responsibility of the superintendent, with the advice
of the
school board, to establish a school and community advisory team to address
chemical abuse problems in the district.
E. The school district shall establish and maintain a program to
educate and
assist employees, students and others in understanding this policy and the
goals of achieving drug-free schools and workplaces.
[Note: Comprehensive drug prevention programs are required to be adopted and
carried out by school districts pursuant to the Safe and Drug-Free Schools
and
Communities Act. In addition, school districts are required by the Drug-Free
Workplace Act to establish drug-free awareness programs for school district
employees. State law authorizes school districts to provide instructional
programs in chemical abuse a& the prevention of chemical dependency.]
III. DEFINITIONS
A. “Chemical abuse” means use of any psychoactive or mood-altering
chemical
substance, without compelling medical reason, in a manner that induces
mental,
emotional, or physical impairment and causes socially dysfunctional or
socially disordering behavior, to the extent that the student’s normal
function in academic, school, or social activities is chronically impaired.
B. “Chemicals” includes but is not limited to alcohol, toxic
substances, and
controlled substances as defined in the school district’s Drug-Free
Workplace/Drug-Free School policy.
C. “School location” includes any school building or on any school
premises;
on any school-owned vehicle or in any other school-approved vehicle used to
transport students to and from school or school activities; off-school
property at any school-sponsored or school-approved activity, event or
function, such as a field trip or athletic event, where students are under
the
jurisdiction of the school district; or during any period of time such
employee is supervising students on behalf of the school district or
otherwise
engaged in school district business.
IV. STUDENTS
A. Instruction
1. Every school shall provide an instructional program in chemical
abuse and
the prevention of chemical dependency. The school district may involve
parents, students, health care professionals, state department staff, and
members of the community in developing the curriculum.
[Note: The Safe and Drug-Free Schools and Communities Act requires school
districts to adopt and carry out a comprehensive drug and violence prevention
program with funds received. Since a comprehensive drug prevention program
is
required and a school district is specifically authorized by state law to
provide instructional programs in chemical abuse and the prevention of
chemical dependency, this should be a component of each school district’s
mandatory program. In addition, the Safe and Drug-Free Schools and
Communities Act specifies additional items which may be included as part of
the mandatory comprehensive drug prevention program. Some of the suggested
items relating to instruction or training are detailed in Paragraphs 2.
through 6. below and a school district may wish to adopt one or all of the
listed components as part of its mandatory program.]
2. Each school shall have age-appropriate and developmentally based
activities
that:
a. address the consequences of violence and the illegal use of drugs, as
appropriate;
b. promote a sense of individual responsibility;
c. teach students that most people do not illegally use drugs;
d. teach students to recognize social and peer pressure to use drugs
illegally
and the skills for resisting illegal drug use;
e. teach students about the dangers of emerging drugs;
f. engage students in the learning process; and
g. incorporate activities in secondary schools that reinforce prevention
activities implemented in elementary schools.
3. Each school shall have activities that involve families, community
sectors
(which may include appropriately trained seniors), and a variety of drug and
violence prevention providers in setting clear expectations against violence
and illegal use of drugs and appropriate consequences for violence and
illegal
use of drugs.
4. Each school shall disseminate drug and violence prevention
information
within the school and to the community.
5. Each school shall have professional development and training for, and
involvement of, school personnel, student services personnel, parents, and
interested community members in prevention, education, early identification
and intervention, mentoring, or rehabilitation referral, as related to drug
and violence prevention.
6. Each school shall have drug and violence prevention activities that
may
include the following:
a. Community-wide planning and organizing activities to reduce violence
and
illegal drug use, which may include gang activity prevention.
b. The hiring and mandatory training, based on scientific research, of
school
security personnel who interact with students in support of youth drug and
violence prevention activities under this policy that are implemented in the
school.
c. Conflict resolution programs, including peer mediation programs that
educate and train peer mediators and a designated faculty supervisor, and
youth anti-crime and anti-drug councils and activities.
d. Counseling, mentoring, referral services, and other student
assistance
practices and programs, including assistance provided by qualified
school-based mental health services providers and the training of teachers by
school-based mental health services providers in appropriate identification
and intervention techniques for students at risk of violent behavior and
illegal use of drugs.
e. Programs that encourage students to seek advice from, and to confide
in, a
trusted adult regarding concerns about violence and illegal drug use.
B. Reports of Chemical Use and Abuse
1. In the event that a school district employee knows that a student is
abusing, possessing, transferring, distributing or selling chemicals in a
school location:
a. The employee shall immediately either take the student to an
administrator
or notify an appropriate administrator of the observation and continue to
observe the student until the administrator arrives.
b. The administrator will notify the student’s parents. If there is a
medical
emergency, the administrator will notify the school nurse and/or outside
medical personnel as appropriate.
c. The administrator will notify law enforcement officials, the
student’s
counselor, and the chemical preassessment team.
d. The administrator and/or law enforcement officials will confiscate
the
chemicals and/or conduct a search of the student’s person, effects, locker,
vehicle, or areas within the student’s control. Searches by school district
officials shall be in accordance with school board policies regarding search
and seizure.
e. The school district will take appropriate disciplinary action in
compliance
with the student discipline code. Such discipline may include immediate
suspension, initiation of expulsion proceedings, and/or referral to a
detoxification center or medical center.
2. If a school district employee has reason to believe that a student is
abusing, possessing, transferring, distributing or selling chemicals:
a. The employee shall notify the building administrator or a member of
the
preassessment team and shall describe the basis for the suspicion. The
building administrator and/or team will determine what action should be
taken.
Action may include conducting an investigation, gathering data, scheduling a
conference with the student or parents, or providing a meeting between a
single member of the team and the student to discuss the behaviors that have
been reported and attempting to ascertain facts regarding chemical abuse.
b. The team may determine there is no chemical abuse. If the team
determines
there is chemical abuse, the team will select an appropriate course of
action,
which may include referral to a school counselor; referral to a treatment
program; referral for screening, assessment, and treatment planning;
participation in support groups; or other appropriate measures.
3. Students involved in the abuse, possession, transfer, distribution
or sale
of chemicals shall be suspended in compliance with the student discipline
policy and the Pupil Fair Dismissal Act, Minn. Stat. §121A.40-121A.56, and
proposed for expulsion.
4. Searches by school district officials in connection with the abuse,
possession, transfer, distribution or sale of chemicals will be conducted in
accordance with school board policies related to search and seizure.
C. Preassessment Team
1. Every school shall have a chemical abuse preassessment team
designated by
the superintendent or designee. The team will be composed of classroom
teachers, administrators, and other appropriate professional staff to the
extent they exist in each school, such as the school nurse, school counselor
or psychologist, social worker, chemical abuse specialist, or others.
2. The team is responsible for addressing reports of chemical abuse
problems
and making recommendations for appropriate responses to the individual
reported cases.
3. Within forty-five (45) days after receiving an individual reported
case,
the team shall make a determination whether to provide the student and, in
the
case of a minor, the student’s parents with information about school and
community services in connection with chemical abuse.
D. Data Practices
1. Student data may be disclosed without consent in health and safety
emergencies pursuant to Minn. Stat. § 13.32 and applicable federal law and
regulations.
2. Destruction of Records
a. If the preassessment team decides not to provide a student and, in
the case
of a minor, the student’s parents with information about school or community
services in connection with chemical abuse, records created or maintained by
the team about the student shall be destroyed not later than six (6) months
after the determination is made.
b. If the team decides to provide the student and, in the case of a
minor or a
dependent student, the student’s parents with such information, records
created or maintained by the team about the student shall be destroyed not
later than six (6) months after the student is no longer enrolled in the
district.
c. This section shall govern destruction of records notwithstanding
provisions
of the Records Management Act, Minn. Stat. § 138.163.
E. Consent
Any minor may give effective consent for medical, mental and other health
services to determine the presence of or to treat conditions associated with
alcohol and other drug abuse, and the consent of no other person is required.
F. School and Community Advisory Team
1. The superintendent, with the advice of the school board, shall
establish a
school and community advisory team to address chemical abuse problems. The
advisory team will be composed of representatives from the school
preassessment teams to the extent possible, law enforcement agencies, county
attorney’s office, social service agencies, chemical abuse treatment
programs,
parents, and the business community.
2. The advisory team shall:
a. build awareness of the problem within the community, identify
available
treatment and counseling programs for students and develop good working
relationships and enhance communication between the schools and other
community agencies; and
b. develop a written procedure clarifying the notification process to
be used
by the chemical abuse preassessment team when a student is believed to be in
possession of or under the influence of alcohol or a controlled substance.
The procedure must include contact with the student and the student’s parents
or guardian in the case of a minor student.
V. EMPLOYEES
A. The superintendent or designee shall undertake and maintain a drug-
free
awareness and prevention program to inform employees, students and others
about:
1. The dangers and health risks of chemical abuse in the
workplace/school.
2. The school district’s drug-free workplace/drug-free school policy.
3. Any available drug or alcohol counseling, treatment, rehabilitation,
re-entry and/or assistance programs available to employees and/or students.
B. The superintendent or designee shall notify any federal granting
agency
required to be notified under the Drug-Free Workplace Act within ten (10)
days
after receiving notice of a conviction of an employee for a criminal drug
statute violation occurring in the workplace. To facilitate the giving of
such notice, any employee aware of such a conviction shall report the same to
the superintendent.
[Note: Notification to the federal granting agency within ten (10) days is
required by the Drug Free Workplace Act. 41 U.S.C. §§ 701 and 702.]
418 DRUG-FREE WORKPLACE/DRUG-FREE SCHOOL Adopted: July 12,
2005
[Note: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to maintain a safe and healthful environment
for
employees and students by prohibiting the use of alcohol, toxic substances
and
controlled substances without a physician’s prescription.
II. GENERAL STATEMENT OF POLICY
A. Use of controlled substances, toxic substances, and alcohol before,
during,
or after school hours, at school or in any other school location, is
prohibited as general policy. Paraphernalia associated with controlled
substances is prohibited.
B. It shall be a violation of this policy for any student, teacher,
administrator, other school district personnel, or member of the public to
use
alcohol, toxic substances, or controlled substances in any school location.
C. The school district will act to enforce this policy and to
discipline or
take appropriate action against any student, teacher, administrator, school
personnel, or member of the public who violates this policy.
III. DEFINITIONS
A. “Alcohol” includes any alcoholic beverage, malt beverage, fortified
wine,
or other intoxicating liquor.
B. “Controlled substances” include narcotic drugs, hallucinogenic drugs,
amphetamines, barbiturates, marijuana, anabolic steroids, or any other
controlled substance as defined in Schedules I through V of the Controlled
Substances Act, 21 U.S.C. § 812, including analogues and look-alike drugs.
C. “Toxic substances” includes glue, cement, aerosol paint, or other
substances used or possessed with the intent of inducing intoxication or
excitement of the central nervous system.
D. Use” includes to sell, buy, manufacture, distribute, dispense,
possess,
use, or be under the influence of alcohol and/or controlled substances,
whether or not for the purpose of receiving remuneration or consideration.
E. “Possess” means to have on one’s person, in one’s effects, or in an
area
subject to one’s control.
F. “School location” includes any school building or on any school
premises;
in any school-owned vehicle or in any other school-approved vehicle used to
transport students to and from school or school activities; off school
property at any school-sponsored or school-approved activity, event, or
function, such as a field trip or athletic event, where students are under
the
jurisdiction of the school district; or during any period of time such
employee is supervising students on behalf of the school district or
otherwise
engaged in school district business.
IV. EXCEPTIONS
A. It shall not be a violation of this policy for a person to bring
onto a
school location, for such person’s own use, a controlled substance which has
a
currently accepted medical use in treatment in the United States and the
person has a physician’s prescription for the substance. The person shall
comply with the relevant procedures of this policy.
B. It shall not be a violation of this policy for a person to possess an
alcoholic beverage in a school location when the possession is within the
exceptions of Minn. Stat. § 624.701, Subd. 1a (experiments in laboratories;
pursuant to a temporary license to sell liquor issued under Minnesota laws or
possession after the purchase from such a temporary license holder).
V. PROCEDURES
A. Students who have a prescription from a physician for medical
treatment
with a controlled substance must comply with the school district’s student
medication policy.
“Students who have a prescription from a physician for medical
treatment
with a controlled substance must provide a
copy of the prescription and the medication to the school nurse,
principal or
other designated staff member. The school
district’s licensed school nurse, trained health clerk, principal
or teacher
will administer the prescribed medication in
accordance with district procedures.”
“A secondary student may possess and use nonprescription pain relief in a
manner consistent with the labeling if the district has received a written
authorization from the student's parent or guardian permitting the student to
self-administer the medication. The parent or guardian must submit written
authorization for the student to self-administer the medication each school
year. The district may revoke a student’s privilege to possess and use
nonprescription pain relievers if the district determines that the student is
abusing the privilege. This section does not apply to the possession or use
of
any drug or product containing ephedrine or pseudo ephedrine as its sole
active ingredient or as one of its active ingredients.”
B. Employees who have a prescription from a physician for medical
treatment
with a controlled substance are permitted to possess such controlled
substance
and associated necessary paraphernalia, such as an inhaler or syringe. The
employee must inform his or her supervisor. The employee may be required to
provide a copy of the prescription.
C. Each employee shall be provided with written notice of this Drug-Free
Workplace/Drug-Free School policy and shall be required to acknowledge that
he
or she has received the policy.
[Note: The Drug-Free Workplace Act requires that school district employees be
notified by a published statement of the prohibition of the use of controlled
substances and actions that will be taken against employees for violations of
such prohibition. 41 U.S.C. §§ 701 and 702; 34 C.F.R. Part 85. An
acknowledgment will document satisfaction by the school district of this
federal requirement.]
D. Employees are subject to the school district’s drug and alcohol testing
policies and procedures.
E. Members of the public are not permitted to possess controlled
substances in
a school location except with the express permission of the superintendent.
F. Possession of alcohol on school grounds pursuant to the exceptions
of Minn.
Stat. § 624.701, Subd. 1a, shall be by permission of the school board only.
The applicant shall apply for permission in writing and shall follow the
school board procedures for placing an item on the agenda.
VI. ENFORCEMENT
A. Students.
1. A student who violates the terms of this policy shall be subject to
discipline in accordance with the school district’s discipline policy. Such
discipline may include suspension or expulsion from school.
2. The student may be referred to a drug or alcohol assistance or
rehabilitation program and/or to law enforcement officials when appropriate.
B. Employees.
1. As a condition of employment in any federal grant, each employee who
is
engaged either directly or indirectly in performance of a federal grant shall
abide by the terms of this policy and shall notify his or her supervisor in
writing of his or her conviction of any criminal drug statute for a violation
occurring in any of the places listed above on which work on a school
district
federal grant is performed, no later than five (5) calendar days after such
conviction.
2. An employee who violates the terms of this policy is subject to
disciplinary action, including nonrenewal, suspension, termination, or
discharge as deemed appropriate by the school board.
3. In addition, any employee who violates the terms of this policy may
be
required to satisfactorily participate in a drug and/or alcohol abuse
assistance or rehabilitation program approved by the school district. Any
employee who fails to satisfactorily participate in and complete such a
program is subject to nonrenewal, suspension, or termination as deemed
appropriate by the school board.
4. Sanctions against employees, including nonrenewal, suspension,
termination,
or discharge shall be pursuant to and in accordance with applicable statutory
authority, collective bargaining agreements, and school district policies.
C. The Public.
A member of the public who violates this policy shall be informed of the
policy and asked to leave. If necessary, law enforcement officials will be
notified and asked to provide an escort.
419 TOBACCO-FREE ENVIRONMENT
Adopted: July 12, 2005
[Note: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to maintain a learning and working
environment
that is tobacco free.
II. GENERAL STATEMENT OF POLICY
A. It shall be a violation of this policy for any student, teacher,
administrator, other school personnel of the school district or person to use
tobacco or tobacco-related devices in a public school. This prohibition
extends to all facilities, whether owned, rented, or leased, and all vehicles
that a school district owns, leases, rents, contracts for, or controls. This
prohibition includes all school district property and all off-campus events
sponsored by the school district.
B. It shall be a violation of this policy for any elementary school,
middle
school, or secondary school student to possess any type of tobacco or
tobacco-related device in a public school. This prohibition extends to all
facilities, whether owned, rented, or leased, and all vehicles that a school
district owns, leases, rents, contracts for, or controls. This prohibition
includes all school district property and all off-campus events sponsored by
the school district.
C. The school district will act to enforce this policy and to
discipline or
take appropriate action against any student, teacher, administrator, school
personnel, or person who is found to have violated this policy.
III. TOBACCO AND TOBACCO RELATED DEVICES DEFINED
A. “Tobacco” means cigarettes; cigars; cheroots; stogies; perique;
granulated,
plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobacco;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and
other
kinds and forms of tobacco, prepared in such manner as to be suitable for
chewing or smoking in a pipe or other tobacco-related devices.
B. “Tobacco-related devices” means cigarette papers or pipes for
smoking.
C. “Smoking” includes carrying a lighted cigar, cigarette, pipe, or any
other
lighted smoking equipment.
IV. EXCEPTION
It shall not be a violation of this policy for an Indian adult to
light
tobacco on school district property as a part of a traditional Indian
spiritual or cultural ceremony. An Indian is a person who is a member of an
Indian tribe as defined under Minnesota law.
V. ENFORCEMENT
A. All individuals on school premises shall adhere to this policy.
B. Students who violate this tobacco-free policy shall be subject to
school
district discipline procedures.
C. School district administrators and other school personnel who
violate this
tobacco-free policy shall be subject to school district discipline
procedures.
D. School district action taken for violation of this policy will be
consistent with requirements of applicable collective bargaining agreements,
Minnesota or federal law, and school district policies.
E. Persons who violate this tobacco-free policy may be referred to the
building administration or other school district supervisory personnel
responsible for the area or program at which the violation occurred.
F. School administrators may call the local law enforcement agency to
assist
with enforcement of this policy. Smoking or use of any tobacco product in a
public school is a violation of the Minnesota Clean Indoor Air Act and is a
petty misdemeanor. A court injunction may be instituted against a repeated
violator.
VI.DISSEMINATION OF POLICY
A. This policy shall appear in the student handbook.
B. The school district will develop a method of discussing this policy
with
students and employees.
420 STUDENTS AND EMPLOYEES WITH SEXUALLY TRANSMITTED INFECTIONS AND
DISEASES
AND CERTAIN OTHER COMMUNICABLE DISEASES AND INFECTIOUS CONDITIONS Adopted:
July 12, 2005
[Note: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
Public concern that students and staff of the school district be
able to
attend the schools of the district without becoming infected with serious
communicable or infectious diseases, including but not limited to, Human
Immunodeficiency Virus (HIV), Acquired Immunodeficiency Syndrome (AIDS),
Hepatitis B, and Tuberculosis, requires that the school board adopt measures
effectively responding to health concerns while respecting the rights of all
students, employees, and contractors, including those who are so infected.
The
purpose of this policy is to adopt such measures.
II. GENERAL STATEMENT OF POLICY
A. Students
It is the policy of the school board that students with communicable diseases
not be excluded from attending school in their usual daily attendance setting
so long as their health permits and their attendance does not create a
significant risk of the transmission of illness to students or employees of
the school district. A procedure for minimizing interruptions to learning
resulting from communicable diseases will be established by the school
district in its IEP and Section 504 team process, if applicable, and in
consultation with community health and private health care providers.
Procedures for the inclusion of students with communicable diseases will
include any applicable educational team planning processes, including the
review of the educational implications for the student and others with whom
the student comes into contact.
B. Employees
It is the policy of the school board that employees with communicable
diseases
not be excluded from attending to their customary employment so long as they
are physically, mentally and emotionally able to safely perform tasks
assigned
to them and so long as their employment does not create a significant risk of
the transmission of illness to students, employees, or others in the school
district. If a reasonable accommodation will eliminate the significant risk
of transmission, such accommodation will be undertaken unless it poses an
undue hardship to the school district.
C. Circumstances and Conditions
1. Determinations of whether a contagious individual’s school
attendance or
job performance creates a significant risk of the transmission of the illness
to students or employees of the school district will be made on a case-by-
case
basis. Such decisions will be based upon the nature of the risk (how it is
transmitted), the duration of the risk (how long the carrier is infectious),
the severity of the risk (what is the potential harm to third parties) and
the
probabilities the disease will be transmitted and will cause varying degrees
of harm. When a student is disabled, such a determination will be made in
consultation with the educational planning team.
2. The school board recognizes that some students and some employees,
because
of special circumstances and conditions, may pose greater risks for the
transmission of infectious conditions than other persons infected with the
same illness. Examples include students who display biting behavior,
students
or employees who are unable to control their bodily fluids, who have oozing
skin lesions or who have severe disorders that result in spontaneous external
bleeding. These conditions need to be taken into account and considered in
assessing the risk of transmission of the disease and the resulting effect
upon the educational program of the student or employment of the employee by
consulting with the Commissioner of Health, the physician of the student or
employee, and the parent(s)/guardian(s) of the student.
D. Students with Special Circumstances and Conditions
The school nurse, along with the infected individual’s physician, the
infected
individual or parent(s)/guardian(s), and others, if appropriate, will weigh
risks and benefits to the student and to others, consider the least
restrictive appropriate educational placement, and arrange for periodic
reevaluation as deemed necessary by the state epidemiologist. The student’s
physician shall determine the risks to the student.
E. Extracurricular Student Participation
Student participation in nonacademic, extracurricular and non-educational
programs of the school district are subject to a requirement of equal access
and comparable services.
F. Precautions
The school district will develop routine procedures for infection control at
school and for educating employees about these procedures. The procedures
shall be developed through cooperation with health professionals taking into
consideration guidelines of the Minnesota Department of Education and the
Minnesota Department of Health (last revised 1988). (These precautionary
procedures shall be consistent with the school district’s procedures
regarding
blood-borne pathogens developed pursuant to the school district’s employee
right to know policy.)
G. Information Sharing
1. Employee and student health information shall be shared within the
school
district only with those whose jobs require such information and with those
who have a legitimate educational interest (including health and safety) in
such information and shall be shared only to the extent required to
accomplish
legitimate educational goals and to comply with employees’ right to know
requirements.
2. Employee and student health data shall be shared outside the school
district only in accordance with state and federal law and with the school
district’s policies on employee and student records and data.
H. Reporting
If a medical condition of student or staff threatens public health, it must
be
reported to the Commissioner of Health.
I. Prevention
The school district shall, with the assistance of the Commissioners of Health
and Education, implement a program to prevent and reduce the risk of sexually
transmitted diseases in accordance with Minn. Stat. § 121A.23 which includes:
1. planning materials, guidelines, and other technically accurate and
updated
information;
2. a comprehensive, developmentally appropriate, technically accurate,
and
updated curriculum that includes helping students to abstain from sexual
activity until marriage;
3. cooperation and coordination among school districts and Service
Cooperatives;
4. a targeting of adolescents, especially those who may be at high risk
of
contracting sexually transmitted diseases and infections, for prevention
efforts;
5. involvement of parents and other community members;
6. in-service training for district staff and school board members;
7. collaboration with state agencies and organizations having a sexually
transmitted infection and disease prevention or sexually transmitted
infection
and disease risk reduction program;
8. collaboration with local community health services, agencies and
organizations having a sexually transmitted infection and disease risk
reduction program; and
9. participation by state and local student organizations.
10. The program must be consistent with the health and wellness
curriculum.
11. The school district may accept funds for sexually transmitted
infection
and disease prevention programs developed and implemented under this section
from public and private sources including public health funds and
foundations,
department professional development funds, federal block grants or other
federal or state grants.
J. Vaccination and Screening
The school district will develop procedures regarding the administration of
Hepatitis B vaccinations and Tuberculosis screenings containment in keeping
with current state and federal law.
421 GIFTS TO EMPLOYEES
Adopted: July 12, 2005
I. PURPOSE
The purpose of this policy is to avoid the appearance of impropriety or the
appearance of a conflict of interest with respect to gifts given to school
district employees.
II. GENERAL STATEMENT OF POLICY
A. The school district recognizes that students, parents, and others
may wish
to show appreciation to school district employees. It is the policy of the
school district, however, to discourage gift giving to employees, and to
encourage donors instead to write letters and notes of appreciation or to
give
small tokens of gratitude as memorabilia.
B. It shall be a violation of this policy for any employee to solicit,
accept,
or receive either by direct or indirect means, a gift from a student, parent,
or other individual or organization of greater than nominal value.
C. It shall be a violation of this policy for any employee to solicit,
accept,
or receive a gift from a person or entity doing business with or seeking to
do
business with the school district. Employees may accept items of
insignificant value of a promotional or public relations nature. The
superintendent has discretion to determine what value is “insignificant.”
D. Teachers may accept from publishers free samples of textbooks and
related
teaching materials.
E. This policy applies only to gifts given to employees where the
donor’s
relationship with the employee arises out of the employee’s employment with
the school district. It does not apply to gifts given to employees by
personal friends, family members, other employees, or others unconnected to
the employee’s employment with the school district.
III. DEFINITION
A. “Gift” means money, real or personal property, a service, a loan,
a
forbearance or forgiveness of indebtedness, or a promise of future
employment,
that is given without something of equal or greater value being received in
return.
B. “Insignificant value” are token items valued less than $8.00
(Interpretation of IRS ruling)
C. “ Retirement Gift Limit” Retirement/departure of service (after 15
yrs.)
gifts shall be valued less than $80.
IV. PROCEDURES
Any employee considering the acceptance of a gift shall confer with
the
administration for guidance related to the interpretation and application of
this policy.
V. VIOLATIONS
Employees who violate the provisions of this policy may be subject to
discipline, which may include reprimand, suspension, and/or termination or
discharge.
423 EMPLOYEE-STUDENT RELATIONSHIPS Adopted: July 12, 2005
I. PURPOSE
The school district is committed to an educational environment in
which all
students are treated with respect and dignity. Every school district
employee
is to provide students with appropriate guidance, understanding and
direction,
while maintaining a standard of professionalism, and acting within accepted
standards of conduct.
II. GENERAL STATEMENT OF POLICY
A. This policy applies to all school district employees at all times, whether
on or off duty and on or off of school district locations.
B. At all times, students will be treated by teachers and other school
district employees with respect, courtesy and consideration and in a
professional manner. Each school district employee is expected to exercise
good judgment and professionalism in all interpersonal relationships with
students. Such relationships must be and remain on a teacher-student basis
or
an employee-student basis.
C. Teachers must be mindful of their inherent positions of authority and
influence over students. Similarly, other school district employees also may
hold positions of authority over students of the school district and must be
mindful of their authority and influence over students.
D. Sexual relationships between school district employees and students,
without regard to the age of the student, are strictly forbidden and may
subject the employee to criminal liability.
E. Other actions that violate this policy include, but are not limited to,
the
following:
1.Dating students.
2.Having any interaction/activity of a sexual nature with a student.
3.Committing or attempting to induce students or others to
commit an
illegal act or act of immoral conduct which may be harmful to others or bring
discredit to the school district.
4.Supplying alcohol or any illegal substance to a student,
allowing a
student access to such substances, or failing to take reasonable steps to
prevent such access from occurring.
F. School district employees shall, whenever possible, employ safeguards
against improper relationships with students and/or claims of such improper
relationships.
[Note such safeguards may include the following: avoiding altogether or
minimizing physical contact, keeping doors open when talking or meeting with
students one-on-one and/or making sure that such meetings with a student take
place in rooms with windows and/or others nearby.]
G. Excessive informal and social involvement with individual students is
unprofessional, is not compatible with employee-student relationships, and is
inappropriate.
H. School district employees will adhere to applicable standards of ethics &
professional conduct in Minnesota law.
III. REPORTING AND INVESTIGATION
A. Complaints and/or concerns regarding alleged violations of this
policy
shall be handled in accordance with MSBA/MASA Model Policy 103
(Complaints–Students, Employees, Parents, Other Persons) unless other
specific
complaint procedures are provided within any other policy of the school
district.
B. All employees shall cooperate with any investigation of alleged acts,
conduct or communications in violation of this policy.
IV. DISTRICT ACTION
Upon receipt of a report, the school district will take appropriate action.
Such action may include, but is not limited to, warning, suspension,
exclusion, expulsion, transfer, remediation, termination or discharge. It
also may include reporting to appropriate state or federal authorities,
including the Board of Teaching or the appropriate licensing authority.
School district action taken for violation of this policy will be consistent
with requirements of applicable collective bargaining agreements, Minnesota
and federal law and school district policies.
V. SCOPE OF LIABILITY
Employees are placed on notice that if an employee acts outside the
performance of the duties of the position for whichthe employee is employed,
or is guilty of malfeasance, willful neglect of duty, or bad faith, the
school
district is not required to defend and indemnify the employee for damages in
school-related litigation.
424 LICENSE STATUS [Note: This policy substantially reflect legal
requirements.] Adopted: July 12, 2005
I. PURPOSE
The purpose of this policy is to ensure that qualified teachers are employed
by the school district and to fulfill its duty to ascertain the licensure
status of its teachers. A school board that employs a teacher who does not
hold a valid teaching license or permit places itself at risk for a reduction
in state aid. This policy does not negate a teacher’s duty and
responsibility
to maintain a current and valid teaching license.
II. GENERAL STATEMENT OF POLICY
A. A qualified teacher is one holding a valid license to perform the
particular service for which the teacher is employed by the school district.
B. No person shall be a qualified teacher until the school district
verifies
through the Minnesota education licensing system available on the Minnesota
Dept of Education website that the person is a qualified teacher consistent
with state law.
C. The school district has a duty to ascertain the licensure status of
its
teachers and ensure that the school district’s teacher license files are up
to
date. The school district shall establish a procedure for annually reviewing
its teacher license files to verify that every teacher’s license is current
and appropriate to the particular service for which the teacher is employed
by
the school district.
III. PROCEDURE
A. The superintendent or the superintendent’s designee shall establish a
schedule for the annual review of teacher licenses.
B. If it is discovered that a teacher’s license has expired, the
superintendent will immediately investigate the circumstances surrounding the
lack of license and will take appropriate action. The teacher shall be
advised that the teacher’s failure to have the license reinstated will
constitute gross insubordination, inefficiency and willful neglect of duty,
which are grounds for immediate discharge from employment.
C. The duty and responsibility of maintaining a current and valid
teaching
license appropriate to the teaching assignment as required by this policy
shall remain with the teacher, notwithstanding the superintendent’s failure
to
discover a lapsed license or license that does not support the teaching
assignment. A teacher’s failure to comply with this policy may be grounds
for the teacher’s immediate discharge from employment.
425 STAFF DEVELOPMENT [Note: this policy reflect statutory
requirements.]
Adopted: July 12, 2005
I. PURPOSE
The purpose of this policy is to establish a staff development program and
structure to carry out planning and reporting on staff development that
supports improved student learning.
II. ADVISORY STAFF DEVELOPMENT COMMITTEE AND SITE PROFESSIONAL
DEVELOPMENT TEAMS
A. The School Board will establish an Advisory Staff Development
Committee to
develop a Staff Development Plan, assist Site Professional Development Teams
in developing a site plan consistent with the goals of the Staff Development
Plan, and evaluate staff development efforts at the site level.
1. The majority of the membership of the Advisory Staff Development
Committee
shall consist of teachers representing various grade levels, subject areas,
and special education. The Committee also will include nonteaching staff,
parents and administrators.
2. Members of the Advisory Staff Development Committee shall be
appointed by
the School Board. Committee members shall serve a two-year term* based upon
nominations by board members, teachers and paraprofessionals. The School
Board
shall appoint replacement members of the Advisory Staff Development Committee
as soon as possible following the resignation, death, serious illness or
removal of a member from the Committee.
B. The School Board will establish the Site Professional Development
Teams.
1. Members of the Site Professional Development Teams will be appointed
by the
School Board. Team members shall serve a two-year term* based upon
nominations
by board members, teachers and paraprofessionals. The School Board shall
appoint replacement members of the Site Professional Development Teams as
soon
as possible following the resignation, death, serious illness or removal of a
member from the Team.
2. The majority of the Site Professional Development Teams shall be
teachers
representing various grade levels, subject areas and special education.
III. DUTIES OF THE ADVISORY STAFF DEVELOPMENT COMMITTEE
A. The Advisory Staff Development Committee will develop a Staff
Development
Plan which will be reviewed and subject to approval by the School Board.
B. The Staff Development Plan must contain the following elements:
1. Staff development outcomes which are consistent with the education
outcomes
as may be determined periodically by the School Board;
2. The means to achieve the Staff Development outcomes;
3. The procedures for evaluating progress at each school site toward
meeting
educational outcomes;
4. Ongoing staff development activities that contribute toward
continuous
improvement to achieve the following goals:
a. Improve student achievement of state and local education standards
in all
areas of the curriculum by using best practices methods;
b. Effectively meet the needs of a diverse student population, including
at-risk children, children with disabilities, and gifted children, within the
regular classroom and other settings;
c. Provide an inclusive curriculum for a racially, ethnically, and
culturally
diverse student population that is consistent with state education diversity
rule and the district’s education diversity plan;
d. Improve staff collaboration and develop mentoring and peer coaching
programs for teachers new to the district;
e. Effectively teach and model violence prevention policy and
curriculum that
address early intervention alternatives, issues of harassment, and teach
nonviolent alternatives for conflict resolution; and
f. Provide teachers and other members of site-based management teams
with
appropriate management and financial management skills.
[Note: To the extent the School Board offers K-12 teachers the opportunity
for
more staff development training under Minn. Stat. § 122A.40, Subds. 7 and 7a,
or Minn. Stat. § 122A.41, Subds. 4 and 4a, such additional days of staff
development should include peer mentoring, peer gathering, continuing
education, professional development, or other training which enable teachers
to achieve the staff development outcomes enumerated above in Section
III.B.4.]
C. The Advisory Staff Development Committee will assist Site
Professional
Development Teams in developing a site plan consistent with the goals and
outcomes of the Staff Development Plan.
D. The Advisory Staff Development Committee will evaluate staff
development
efforts at the site level and will report to the School Board the extent to
which staff at the site have met the outcomes of the Staff Development Plan.
The Advisory Staff Development Committee shall assist the School District in
preparing any reports required by the Department of Education relating to
staff development including, but not limited to, the reports referenced in
SectVII.
IV. DUTIES OF THE SITE PROFESSIONAL DEVELOPMENT TEAM
A. Each Site Professional Development Team shall develop a site plan,
consistent with the goals of the Staff Development Plan. The School Board
will
review the site plans for consistency with the Staff Development Plan.
B. The Site Professional Development Team must demonstrate to the
School Board
the extent to which staff at the site have met the outcomes of the Staff
Development Plan. The actual reports to the School Board can be made by the
Advisory Staff Development Committee to avoid duplication of effort.
C. If the School Board determines that staff development outcomes are
not
being met, it may withhold a portion of the initial allocation of revenue
referenced in Section V. below.
V. STAFF DEVELOPMENT FUNDING
A. Unless the School District is in statutory operating debt or a
majority of
the School District Board and a majority of its licensed teachers vote to
waive the requirement to reserve basic revenue for staff development, the
School District will reserve an amount equal to at least two percent of its
basic revenue for: in-service education for violence prevention programs to
help students learn how to resolve conflicts within their families and
communities in non-violent, effective ways; staff development plans;
curriculum development and programs; other in-service education; teachers’
workshops; teacher conferences; the cost of substitute teachers for staff
development purposes; preserves and in-service education for special
education
professionals and paraprofessionals; and other related costs for staff
development efforts.
1. The School District will allocate 50 percent of the reserved revenue
to
each school site in the district on a per teacher basis and will retain such
funds for each school site until used.
2. The School District will allocate 25 percent of the reserved revenue
to
make grants to school sites for best practices methods. These grants may be
used by the school sites for: any purpose authorized by Minn. Stat. §
120B.22, Subd. 2, or § 122A.60; the costs of curriculum development and
programs; other in-service education; teachers’ workshops; teacher
conferences; substitute teachers for staff development purposes; and other
staff development efforts determined by the Site Professional Development
Team. Criteria used by the School District in awarding best practice staff
development grants to sites include, but are not limited to, the following:
a. Grant application includes objectives which have a clear connection
to the
building/district Staff Develop Plan;
b. Grant application includes provisions for discussion, collaborating,
informing, and coaching one another on an ongoing basis;
c. Grant application provides for ongoing assessment of professional
practice
and student performance; and
d. Grant application specifies best practices to be addressed.
3. The School District may retain 25 percent of the revenue to be used
for
district-wide staff development efforts.
B. The School District may, in its discretion, expend an additional
amount of
unreserved revenue for staff development based on its needs. This additional
expenditure does not need to follow the allocation described in Part V.A.
above.
VI. PROCEDURE FOR USE OF STAFF DEVELOPMENT FUNDS
A. On a yearly* basis, the Advisory Staff Development Committee, with
the
assistance of the Site Professional Development Teams, shall prepare a
projected budget setting forth proposals for allocating staff development
funds reserved for each school site. Such budgets shall include, but not be
limited to, projections as to the cost of building site training programs,
costs of individual staff seminars, and cost of substitutes.
B. Upon approval of the budget by the School Board, the Advisory
Committee
shall be responsible for monitoring the use of such funds in accordance with
the Staff Development Plan and budget. The requested use of staff development
funds must meet or make progress toward the goals and objectives of the Staff
Development Plan. The School Board and/or Supt will review all
costs/expenditures for consistency with the Staff Develop. Plan on a
quarterly
basis.*
C. Individual requests from staff for leave to attend staff development
activities shall be submitted and reviewed according to school district
policy, staff procedures, contractual agreement, and the effect on school
district operations. Failure to timely submit such requests may be cause for
denial of the request.
VII. REPORTING
A. Prior to September 30 of each year, the School District shall
prepare a
report of the previous fiscal year’s staff development results and
expenditures and submit it to the Commissioner of the Dept of Education
(Commissioner).
1. The report will include expenses by the School Board for district-
level
activities&expenditures made by the staff.
2. The report will provide a breakdown of expenditures for:
a. curriculum development and programs;
b. in-service education, workshops, and conferences; and
c. the cost of teachers or substitute teachers for staff development
purposes.
Within each of the foregoing categories, the School District will indicate on
the report whether the expenditures were incurred at the district level or
the
school site level, and whether the school site expenditures were made
possible
by the grants to school sites that demonstrate exemplary use of allocated
staff development revenue.
3. The School District will utilize the reporting form and/or system
designated by the Commissioner.
501 SCHOOL WEAPONS POLICY
Adopted:Aug.23,2005
I. PURPOSE
The purpose of this policy is to assure a safe school environment for
students, staff and the public.
II. GENERAL STATEMENT OF POLICY
No student or nonstudent, including adults and visitors, shall possess, use
or
distribute a weapon when in a school location except as provided in this
policy. The school district will act to enforce this policy and to
discipline
or take appropriate action against any student, teacher, administrator,
school
employee, volunteer, or member of the public who violates this policy.
III. DEFINITIONS
A. “Weapon”
1. A “weapon” means any object, device or instrument designed as a
weapon or
through its use is capable of threatening or producing bodily harm or which
may be used to inflict self-injury including, but not limited to, any
firearm,
whether loaded or unloaded; airguns; pellet guns; BB guns; all knives;
blades;
clubs; metal knuckles; numchucks; throwing stars; explosives; fireworks; mace
and other propellants; stunguns; ammunition; poisons; chains; arrows; and
objects that have been modified to serve as a weapon.
2. No person shall possess, use or distribute any object, device or
instrument
having the appearance of a weapon and such objects, devices or instruments
shall be treated as weapons including, but not limited to, weapons listed
above which are broken or non-functional, look-alike guns; toy guns; and any
object that is a facsimile of a real weapon.
3. No person shall use articles designed for other purposes (i.e.,
lasers or
laser pointers, belts, combs, pencils, files, scissors, etc.), to inflict
bodily harm and/or intimidate and such use will be treated as the possession
and use of a weapon.
B. “School Location” includes any school building or grounds, whether
leased,
rented, owned or controlled by the school, locations of school activities or
trips, bus stops, school buses or school vehicles, school-contracted
vehicles,
the area of entrance or departure from school premises or events, all
locations where school-related functions are conducted, and anywhere students
are under the jurisdiction of the school district.
C. “Possession” means having a weapon on one’s person or in an area
subject to
one’s control in a school location.
IV. EXCEPTIONS
A. A student who finds a weapon on the way to school or in a school
location,
or a student who discovers that he or she accidentally has a weapon in his or
her possession, and takes the weapon immediately to the principal’s office
shall not be considered to possess a weapon. If it would be impractical or
dangerous to take the weapon to the principal’s office, a student shall not
be
considered to possess a weapon if he or she immediately turns the weapon over
to an administrator, teacher or head coach or immediately notifies an
administrator, teacher or head coach of the weapon’s location.
B. It shall not be a violation of this policy if a nonstudent falls
within one
of the following categories:
1. licensed peace officers, military personnel, or students or
nonstudents
participating in military training, who are on duty performing official
duties;
2. persons authorized to carry a pistol under Minn. Stat., Section
624.714,
while in a motor vehicle or outside of a motor vehicle for the purpose of
directly placing a firearm in, or retrieving it from, the trunk or rear area
of the vehicle;
3. persons who keep or store in a motor vehicle pistols in accordance
with
Minn. Stat., Sections 624.714 or 624.715, or other firearms in accordance
with
Section 97B.045;
a. Section 624.714 specifies procedures and standards for obtaining
pistol
permits and penalties for the failure to do so. Section 624.715 defines an
exception to the pistol permit requirements for “antique firearms which are
carried or possessed as curiosities or for their historical significance or
value.”
b. Section 97B.045 generally provides that a firearm may not be
transported in
a motor vehicle unless it is (1) unloaded and in a gun case without any
portion of the firearm exposed; (2) unloaded and in the closed trunk; or (3)
a
handgun carried in compliance with Sections 624.714 and 624.715.
4. firearm safety/marksmanship courses/activities for students &
nonstudents
conducted on school property;
5. possession of dangerous weapons, BB guns, or replica firearms by a
ceremonial color guard;
6. a gun or knife show held on school property;
7. possession of dangerous weapons, BB guns, or replica firearms with
written
permission of the principal or other person having general control and
supervision of the school or the director of a child care center; or
8. persons who are on unimproved property owned or leased by a
child care
center, school or school district unless the person knows that a student is
currently present on the land for a school-related
C. Policy Application to Instructional Equipment/Tools
While the school district takes a firm “Zero Tolerance” position on the
possession, use or distribution of weapons by students, and a similar
position
with regard to nonstudents, such a position is not meant to interfere with
instruction or the use of appropriate equipment and tools by students or
nonstudents. Such equipment and tools, when properly possessed, used and
stored, shall not be considered in violation of the rule against the
possession, use or distribution of weapons. However, when authorized
instructional and work equipment and tools are used in a potentially
dangerous
or threatening manner, such possession and use will be treated as the
possession and use of a weapon.
D. Firearms in school Parking Lots and Parking Facilities
A school district may not prohibit the lawful carry or possession of firearms
in a school parking lot or parking facility. For purposes of this policy,
the
“lawful” carry or possession of a firearm in a school parking lot or parking
facility is specifically limited to nonstudent permit-holders authorized
under
Minn. Stat., Section 624.714, to carry a pistol in the interior of a vehicle
or outside the motor vehicle for the purpose of directly placing a firearm
in,
or retrieving it from, the trunk or rear area of the vehicle. Any possession
or carry of a firearm beyond the immediate vicinity of a permit-holder’s
vehicle shall constitute a violation of this policy.
V. CONSEQUENCES FOR STUDENT WEAPON POSSESSION/USE/DISTRIBUTION
A. The school district takes a position of “Zero Tolerance” in regard
to the
possession, use or distribution of weapons by students. Consequently, the
minimum consequence for students possessing, using or distributing weapons
shall include:
1. immediate out-of-school suspension;
2. confiscation of the weapon;
3. immediate notification of police;
4. parent or guardian notification; and
5. recommendation to the superintendent of dismissal for a period of
time not
to exceed one year.
B. Pursuant to Minnesota law, a student who brings a firearm, as
defined by
federal law, to school will be expelled for at least one year. The school
board may modify this requirement on a case-by-case basis.
C. Administrative Discretion
While the school district takes a “Zero Tolerance” position on the
possession,
use or distribution of weapons by students, the superintendent may use
discretion in determining whether, under the circumstances, a course of
action
other than the minimum consequences specified above is warranted. If so,
other appropriate action may be taken, including consideration of a
recommendation for lesser discipline.
VI. CONSEQUENCES FOR WEAPON POSSESSION/USE/DISTRIBUTION BY NONSTUDENTS
A. Employees
1. An employee who violates the terms of this policy is subject to
disciplinary action, including nonrenewal, suspension, or discharge as deemed
appropriate by the school board.
2. Sanctions against employees, including nonrenewal, suspension, or
discharge
shall be pursuant to and in accordance with applicable statutory authority,
collective bargaining agreements, & district policies.
3. When an employee violates the weapons policy, law enforcement may be
notified, as appropriate.
B. Other Nonstudents
1. Any member of the public who violates this policy shall be informed
of the
policy and asked to leave the school location. Depending on the
circumstances, the person may be barred from future entry to school
locations.
In addition, if the person is a student in another school district, that
school district may be contacted concerning the policy violation.
2. If appropriate, law enforcement will be notified of the policy
violation by
the member of the public and may be asked to provide an escort to remove the
member of the public from the school location.
502 SEARCH OF STUDENT LOCKERS, DESKS, PERSONAL POSSESSIONS AND
STUDENT’S PERSON
Adopted: Aug.23,2005
I. PURPOSE
I. PURPOSE
The purpose of this policy is to provide for a safe and healthful educational
environment by enforcing the school district’s policies against contraband.
II. GENERAL STATEMENT OF POLICY
A. Lockers and Personal Possessions Within a Locker.
Pursuant to Minnesota statutes, school lockers are the property of the school
district. At no time does the school district relinquish its exclusive
control of lockers provided for the convenience of students. Inspection of
the interior of lockers may be conducted by school officials for any reason
at
any time, without notice, without student consent, and without a search
warrant. The personal possessions of students within a school locker may be
searched only when school officials have a reasonable suspicion that the
search will uncover evidence of a violation of law or school rules. As soon
as practicable after the search of a student’s personal possessions, the
school officials must provide notice of the search to students whose lockers
were searched unless disclosure would impede an ongoing investigation by
police or school officials.
B. Desks.
School desks are the property of the school district. At no time does the
school district relinquish its exclusive control of desks provided for the
convenience of students. Inspection of the interior of desks may be
conducted
by school officials for any reason at any time, without notice, without
student consent, and without a search warrant.
C. Personal Possessions and Student’s Person.
The personal possessions of students and/or a student’s person may be
searched
when school officials have a reasonable suspicion that the search will
uncover
a violation of law or school rules. The search will be reasonable in its
scope and intrusiveness.
D. It shall be a violation of this policy for students to use lockers
and
desks for unauthorized purposes or to store contraband. It shall be a
violation for students to carry contraband on their person or in their
personal possessions.
III. DEFINITIONS
A. “Contraband” means any unauthorized item possession of which
is prohibited
by school district policy and/or law. It includes but is not limited to
weapons and “look-alikes,” alcoholic beverages, controlled substances and
“look-alikes,” overdue books and other materials belonging to the school
district, and stolen property.
B. “Personal possessions” includes but is not limited to
purses, backpacks,
bookbags, packages, and clothing.
C. “Reasonable suspicion” means that a school official has
grounds to believe
that the search will result in evidence of a violation of school district
policy, rules, and/or law. Reasonable suspicion may be based on a school
official’s personal observation, a report from a student, parent or staff
member, a student’s suspicious behavior, a student’s age and past history or
record of conduct both in and out of the school context, or other reliable
sources of information.
D. “Reasonable scope” means that the scope and/or intrusiveness
of the search
is reasonably related to the objectives of the search. Factors to consider
in
determining what is reasonable include the seriousness of the suspected
infraction, the reliability of the information, the necessity of acting
without delay, the existence of exigent circumstances necessitating an
immediate search and further investigation (e.g. to prevent violence, serious
and immediate risk of harm or destruction of evidence), and the age of the
student.
IV. PROCEDURES
A. School officials may inspect the interiors of lockers and
desks for any
reason at any time, without notice, without student consent, and without a
search warrant.
B. School officials may inspect the personal possessions of a
student and/or
a student’s person based on a reasonable suspicion that the search will
uncover a violation of law or school rules. A search of personal possessions
of a student and/or a student’s person will be reasonable in its scope and
intrusiveness.
C. Whenever feasible, a search of a person shall be conducted in
private by a
school official of the same sex. A second school official of the same sex
shall be present as an observer during the search of a person whenever
feasible.
D. A strip search is a search involving the removal of
coverings or clothing
from private areas. Mass strip searches, or body cavity searches, are
prohibited. Strip searches will be conducted only in circumstances involving
imminent danger.
E. A school official conducting any other search may determine
when it is
appropriate to have a second official present as an observer.
F. A copy of this policy will be printed in the student
handbook or
disseminated in any other way which school officials deem appropriate. The
school district shall provide a copy of this policy to a student when the
student is given use of a locker.
V. DIRECTIVES AND GUIDELINES
School administration may establish reasonable directives and guidelines
which
address specific needs of the school district, such as use of tape in
lockers,
standards of cleanliness and care, posting of pin-ups and posters which may
constitute sexual harassment, etc.
VI. SEIZURE OF CONTRABAND
If a search yields contraband, school officials will seize the item and,
where
appropriate, turn it over to legal officials for ultimate disposition.
VIII. VIOLATIONS
A student found to have violated this policy and/or the directives and
guidelines implementing it shall be subject to discipline in accordance with
the school district’s Student Discipline Policy, which may include
suspension,
exclusion, or expulsion, and the student may, when appropriate, be referred
to
legal officials.
503 STUDENT ATTENDANCE
Adopted: Aug.23,2005
I. PURPOSE
A. The school board believes that regular school attendance is
directly
related to success in academic work, benefits students socially, provides
opportunities for important communications between teachers and students and
establishes regular habits of dependability important to the future of the
student. The purpose of this policy is to encourage regular school
attendance. It is intended to be positive and not punitive.
B. This policy also recognizes that class attendance is a joint
responsibility to be shared by the student, parent or guardian, teacher and
administrators. This policy will assist students in attending class.
II. GENERAL STATEMENT OF POLICY
A. Responsibilities.
1. Student’s Responsibility
It is the student’s right to be in school. It is also the student’s
responsibility to attend all assigned classes and study halls every day that
school is in session and to be aware of and follow the correct procedures
when
absent from an assigned class or study hall. Finally, it is the student’s
responsibility to request any missed assignments due to an absence.
2. Parent or Guardian’s Responsibility
It is the responsibility of the student’s parent or guardian to ensure the
student is attending school, to inform the school in the event of a student
absence, and to work cooperatively with the school and the student to solve
any attendance problems that may arise.
3. Teacher’s Responsibility
It is the teacher’s responsibility to take daily attendance and to maintain
accurate attendance records in each assigned class and study hall. It is
also
the teacher’s responsibility to be familiar with all procedures governing
attendance and to apply these procedures uniformly. It is also the teacher’s
responsibility to provide any student who has been absent with any missed
assignments upon request. Finally, it is the teacher’s responsibility to
work
cooperatively with the student’s parent or guardian and the student to solve
any attendance problems that may arise.
4. Administrator’s Responsibility
a. It is the administrator’s responsibility to
require students to attend
all assigned classes and study halls. It is also the administrator’s
responsibility to be familiar with all procedures governing attendance and to
apply these procedures uniformly to all students, to maintain accurate
records
on student attendance and to prepare a list of the previous day’s absences
stating the status of each. Finally, it is the administrator’s responsibility
to inform the student’s parent or guardian of the student’s attendance and to
work cooperatively with them and the student to solve attendance problems.
b. In accordance with the Minnesota Compulsory
Instruction Law, Minn. Stat.
§ 120A.22, the students of the school district are REQUIRED to attend all
assigned classes and/or study halls every day school is in session, unless
the
student has been excused by the school board from attendance because the
student has already completed the studies ordinarily required to graduate
from
high school, has withdrawn, or has a valid excuse for absence.
B. Attendance Procedures.
Attendance procedures shall be presented to the school board for review and
approval. When approved by the school board, the attendance procedures will
be included as an addendum to this policy.
1. Excused Absences
a. The following reasons shall be sufficient to
constitute excused absences:
(1) Illness.
(2) Serious illness in the student’s
immediate family.
(3) A death in the student’s immediate
family or of a close friend or
relative.
(4) Medical or dental treatment.
(5) Court appearances occasioned by
family or personal action.
(6) Religious instruction not to exceed
three hours in any week.
(7) Physical emergency conditions such
as fire, flood, storm, etc.
(8) Official school field trip or other
school-sponsored outing.
(9) Removal of a student pursuant to a
suspension. Suspensions are to be
handled as excused absences and students will be permitted to complete make-
up
work.
b. Consequences of Excused Absences
(1) Students whose absences are excused
are required to make up all
assignments missed or to complete alternative assignments as deemed
appropriate by the classroom teacher.
(2) Work missed because of absence must
be made up within ____ days from
the date of the student’s return to school. Any work not completed within
this period shall result in “no credit” for the missed assignment. However,
the building principal or the classroom teacher may extend the time allowed
for completion of make-up work in the case of an extended illness or other
extenuating circumstances.
2. Unexcused Absences
a. The following are examples of absences which
will not be excused:
(1) Truancy. An absence by a student
which was not approved by the parent
and/or the school district.
(2) Any absence in which the student
failed to comply with any reporting
requirements of the school district’s attendance procedures.
(3) Absences resulting from cumulated 3
unexcused tardies equal one
unexcused absence.
(4) Any other absence not included under
the attendance procedures set out
in this policy.
b. Consequences of Absences
(1) Absences resulting from official
suspension will be handled in
accordance with the Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.
(2) Days during which a student is
suspended from school shall not be
counted in a student’s total cumulated unexcused absences.
(3) In cases of recurring unexcused
absences, the administration may also
request the county attorney to file a petition with the juvenile court,
pursuant to Minnesota statutes.
(4) Students with absences shall be
subject to discipline in the
following manner:
(a) After the 1st cumulative unexcused absences in a semester the
teacher will
reduce the student’s letter grade by one increment for each
unexcused absence
thereafter (i.e. A to A-).
(b) From the first through the 11th cumulated absence in a
semester the
student will be allowed to make up work missed due to such
absence.
(c) After the 6th, 8th and 11th
cumulated absences in a semester, a
student’s parent or guardian will be notified by mail that his or her child
is nearing a total of 11 absences and that, after the 11th absence, the
student’s grade shall be loss of academic credit in the class or classes from
which the student has been absent.
(d) After the 11th cumulated
absence in the semester, the administration
may impose the loss of academic credit in the class or classes from which the
student has been absent.
(e) After such notification, the student or his or her parent or
guardian
may, within
a reasonable time, request a conference with school officials
regarding the
student’s absences and the prescribed discipline. The
notification will state that
the school strongly urges the student’s parent or guardian to
request such a
Conference.
(f) If the result of a grade
reduction or loss of credit has the effect
of an expulsion, the school district will follow the procedures set forth in
the Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.
C. Tardiness.
1. Definition: Students are expected to be in their
assigned area at
designated times. Failure to do so constitutes tardiness.
2. Procedures for Reporting Tardiness
a. Students tardy at the start of school must
report to the school office
for an admission slip.
b. Tardiness between periods will be handled by
the teacher.
3. Excused Tardiness
Valid excuses for tardiness are:
a. illness;
b. serious illness in the student’s immediate
family;
c. a death in the student’s immediate family or
of a close friend or relative;
d. medical or dental treatment;
e. court appearances occasioned by family or
personal action;
f. physical emergency conditions such as fire,
flood, storm, etc;
g. any tardiness for which the student has been
excused in writing by an
administrator or faculty member.
4. Unexcused Tardiness
a. An unexcused tardiness is failing to be in
an assigned area at the
designated time class period commences without a valid excuse.
b. Consequences of tardiness 3 unexcused
tardies are equivalent to one
unexcused absence.
D. Participation in Extracurricular Activities and School-
Sponsored
On-the-Job Training Programs.
1. This policy applies to all students involved in any
extracurricular
activity scheduled either during or outside the school day and any
school-sponsored on-the-job training programs.
2. School-initiated absences will be accepted and
participation permitted.
3. A student may not participate in any activity or
program if he or she has
an unexcused absence from any class during the day.
4. If a student is suspended from any class, he or she
may not participate
in any activity or program that day.
5. If a student is absent from school due to medical
reasons, he or she must
present a physician’s statement or a statement from the student’s parent or
guardian clearing the student for participation that day. The note must be
presented to the coach or advisor before the student participates in the
activity or program.
III. DISSEMINATION OF POLICY
Copies of this policy shall be made available to all students and parents at
the commencement of each school year. This policy shall also be available
upon request in each principal’s office.
IV. REQUIRED REPORTING
A. Continuing Truant.
Minn. Stat. § 260A.02 provides that a continuing truant is a
student who is
subject to the compulsory instruction requirements of Minn. Stat. § 120A.22
and is absent from instruction in a school, as defined in Minn. Stat. §
120A.05, without valid excuse within a single school year for:
1. seven days if the child is in elementary school; or
2. seven or more class periods on three days if the
child is in middle
school, junior high school, or high school.
B. Reporting Responsibility.
When a student is initially classified as a continuing
truant, Minn. Stat. §
260A.03 provides that the school attendance officer or other designated
school
official shall notify the student’s parent or legal guardian, by first class
mail or other reasonable means, of the following:
1. that the child is truant;
2. that the parent or guardian should notify the school
if there is a valid
excuse for the child’s absences;
3. that the parent or guardian is obligated to compel
the attendance of the
child at school pursuant to Minn. Stat. § 120A.22 and parents or guardians
who
fail to meet this obligation may be subject to prosecution under Minn. Stat.
§
120A.34;
4. that this notification serves as the notification
required by Minn. Stat.
§ 120A.34;
5. that alternative educational programs and services
may be available in
the district;
6. that the parent or guardian has the right to meet
with appropriate school
personnel to discuss solutions to the child’s truancy;
7. that if the child continues to be truant, the parent
and child may be
subject to juvenile court proceedings under Minn. Stat. Ch. 260;
8. that if the child is subject to juvenile court
proceedings, the child may
be subject to suspension, restriction, or delay of the child’s driving
privilege pursuant to Minn. Stat. § 260C.201; and
9. that it is recommended that the parent or guardian accompany
the child
to school and attend classes with
the child for one day.
[Where services and procedures under Minn. Stat. Ch. 260A are available
within
the school district, the following provisions should also be included in the
policy.]
C. Habitual Truant.
1. A habitual truant is a child under the age of 16
years who is absent from
attendance at school without lawful excuse for seven school days if the child
is in elementary school or for one or more class periods on seven school days
if the child is in middle school, junior high school, or high school, or a
child who is 16 or 17 years of age who is absent from attendance at school
without lawful excuse for one or more class periods on seven school days and
who has not lawfully withdrawn from school.
2. A school district attendance officer shall refer a
habitual truant child
and the child’s parent or legal guardian to appropriate services and
procedures, under Minn. Stat. Ch. 260A.
504 STUDENT DRESS AND APPEARANCE Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to enhance the education of students by
establishing expectations of dress and grooming that are related to
educational goals and community standards.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of this school district to encourage
students to be
dressed appropriately for school activities and in keeping with community
standards. This is a joint responsibility of the student and the student’s
parent(s) or guardian(s).
B. Appropriate clothing includes, but is not limited to, the
following:
1. Clothing appropriate for the weather.
2. Clothing that does not create a health or safety
hazard.
3. Clothing appropriate for the activity (i.e.,
physical education or the
classroom).
C. Inappropriate clothing includes, but is not limited to, the
following:
1. “Short shorts,” skimpy tank tops, tops that expose
the midriff, and other
clothing that is not in keeping with community standards.
2. Clothing bearing a message that is lewd, vulgar, or
obscene.
3. Apparel promoting products or activities that are
illegal for use by minors.
4. Objectionable emblems, badges, symbols, signs,
words, objects or pictures
on clothing or jewelry communicating a message that is racist, sexist, or
otherwise derogatory to a protected minority group, evidences gang membership
or affiliation, or approves, advances or provokes any form of religious,
racial or sexual harassment and/or violence against other individuals as
defined in MSBA/MASA Model Policy 413.
5. Any apparel or footwear that would damage school property.
D. Hats are not allowed in the building except with the approval
of the
building principal (i.e., student
undergoing chemotherapy; medical situations).
E. It is not the intention of this policy to abridge the rights
of students
to express political, religious, philosophical, or similar opinions by
wearing
apparel on which such messages are stated. Such messages are acceptable as
long as they are not lewd, vulgar, obscene, defamatory, profane or do not
advocate violence or harassment against others.
F. “Gang,” as defined in this policy, means any ongoing
organization,
association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more
criminal
acts, which has an identifiable name or identifying sign or symbol, and whose
members individually or collectively engage in or whose members engaged in a
pattern of criminal gang activity. “Pattern of gang activity” means the
commission, attempt to commit, conspiring to commit, or solicitation of two
or
more criminal acts, provided the criminal acts were committed on separate
dates or by two or more persons who are members of or belong to the same
criminal street gang.
III. PROCEDURES
A. When, in the judgment of the administration, a student’s
appearance,
grooming, or mode of dress interferes with or disrupts the educational
process
or school activities, or poses a threat to the health or safety of the
student
or others, the student will be directed to make modifications or will be sent
home for the day. Parents/guardians will be notified.
B. The administration may recommend a form of dress considered
appropriate
for a specific event and communicate the recommendation to students and
parents/guardians.
C. Likewise, an organized student group may recommend a form of dress
for
students considered appropriate for a specific event and make such
recommendation to the administration for approval.
505 DISTRIBUTION OF NONSCHOOL-SPONSORED MATERIALS ON SCHOOL PREMISES BY
STUDENTS AND EMPLOYEES
Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to protect the exercise of students’ and
employees’ free speech rights, taking into consideration the educational
objectives and responsibilities of the school district.
II. GENERAL STATEMENT OF POLICY
A. The school district recognizes that students and employees
have the right
to express themselves on school property. This protection includes the right
to distribute, at a reasonable time and place and in a reasonable manner,
nonschool-sponsored material.
B. To protect First Amendment rights, while at the same time
preserving the
integrity of the educational objectives and responsibilities of the school
district, the school board adopts the following regulations and procedures
regarding distribution of nonschool-sponsored material on school property and
at school activities.
III. DEFINITIONS
A. “Distribute” or “Distribution” means circulation or
dissemination of
material by means of handing out free copies, selling or offering copies for
sale, accepting donations for copies, posting or displaying material, or
placing material in internal staff or student mailboxes.
B. “Nonschool-sponsored material” or “unofficial material”
includes all
materials or objects intended for distribution, except school newspapers,
employee newsletters, literary magazines, yearbooks and other publications
funded and/or sponsored or authorized by the school. Examples of
nonschool-sponsored materials include but are not limited to leaflets,
brochures, buttons, badges, flyers, petitions, posters, and underground
newspapers whether written by students or employees or others, and tangible
objects.
C. “Obscene to minors” means:
1. The average person, applying contemporary community
standards, would find
that the material, taken as a whole, appeals to the prurient interest of
minors of the age to whom distribution is requested;
2. The material depicts or describes, in a manner that
is patently offensive
to prevailing standards in the adult community concerning how such conduct
should be presented to minors of the age to whom distribution is requested,
sexual conduct such as intimate sexual acts (normal or perverted),
masturbation, excretory functions, or lewd exhibition of the genitals; and
3. The material, taken as a whole, lacks serious
literary, artistic,
political, or scientific value for minors.
D. “Minor” means any person under the age of eighteen (18).
E. “Material and substantial disruption” of a normal school
activity means:
1. Where the normal school activity is an educational
program of the
district for which student attendance is compulsory, “material and
substantial
disruption” is defined as any disruption which interferes with or impedes the
implementation of that program.
2. Where the normal school activity is voluntary in
nature (including,
without limitation, school athletic events, school plays and concerts, and
lunch periods) “material and substantial disruption” is defined as student
rioting, unlawful seizures of property, conduct inappropriate to the event,
participation in a school boycott, demonstration, sit-in, stand-in, walk-out,
or other related forms of activity.
In order for expression to be considered disruptive, there must exist
specific
facts upon which the likelihood of disruption can be forecast, including past
experience in the school, current events influencing student activities and
behavior, and instances of actual or threatened disruption relating to the
written material in question.
F. “School activities” means any activity sponsored by the
school including,
but not limited to, classroom work, library activities, physical education
classes, official assemblies and other similar gatherings, school athletic
contests, band concerts, school plays and other theatrical productions, and
in-school lunch periods.
G. “Libelous” is a false and unprivileged statement about a
specific
individual that tends to harm the individual’s reputation or to lower that
individual in the esteem of the community.
IV. GUIDELINES
A. Students and employees of the school district have the right
to
distribute, at reasonable times and places as set forth in this policy, and
in
a reasonable manner, nonschool-sponsored material.
B. Requests for distribution of nonschool-sponsored material
will be reviewed
by the administration on a case-by-case basis. However, distribution of the
materials listed below is always prohibited. Material is prohibited that:
1. is obscene to minors;
2. is libelous or slanderous;
3. is pervasively indecent or vulgar or contains any
indecent or vulgar
language or representations, with a determination made as to the
appropriateness of the material for the age level of students to which it is
intended;
4. advertises or promotes any product or service not
permitted to minors by law;
5. advocates violence or other illegal conduct;
6. constitutes insulting or fighting words, the very
expression of which
injures or harasses other people (e.g., threats of violence, defamation of
character or of a person’s race, religious or ethnic origin);
7. presents a clear and present likelihood that, either
because of its
content or the manner of distribution, it will cause a material and
substantial disruption of the proper and orderly operation and discipline of
the school or school activities, will cause the commission of unlawful acts
or
the violation of lawful school regulations.
C. Distribution by students and employees of nonschool-
sponsored materials on
school district property are subject to reasonable time, place, and manner
restrictions set forth below. In making decisions regarding the time, place,
and manner of distribution, the administration will consider factors
including, but not limited to, the following:
1. whether the material is educationally related;
2. the extent to which distribution is likely to cause disruption of or
interference with the school district’s educational objectives, discipline,
or
school activities;
3. whether the materials can be distributed from the office or other
isolated
location so as to minimize disruption of traffic flow in hallways;
4. the quantity or size of materials to be distributed;
5. whether distribution would require assignment of school district
staff, use
of school district equipment, or other resources;
6. whether distribution would require that nonschool persons be present
on the
school grounds;
7. whether the materials are a solicitation for goods or services not
requested by the recipients.
V. TIME, PLACE, AND MANNER OF DISTRIBUTION
A. No nonschool-sponsored material shall be distributed during
and at the
place of a normal school activity if it is reasonably likely to cause a
material and substantial disruption of that activity.
B. Distribution of nonschool-sponsored material is prohibited
when it blocks
the safe flow of traffic within corridors and entrance ways of the school,
and
school parking lots. Distribution shall not impede entrance to or exit from
school premises in any way.
C. No one shall coerce a student or staff member to accept any
publication.
D. The time, place, and manner of distribution will be solely
within the
discretion of the administration, consistent with the provisions of this
policy.
VI. PROCEDURES
A. Any student or employee wishing to distribute (as defined in
this policy)
nonschool-sponsored material must first submit for approval a copy of the
material to the principal at least 24 hours in advance of desired
distribution
time, together with the following information:
1. Name and phone number of the person submitting the
request and, if a
student, the room number of his or her first-period class.
2. Date(s) and time(s) of day intended for distribution.
3. Location where material will be distributed.
4. If intended for students, the grade(s) of students
to whom the
distribution is intended.
B. Within one school day, the principal will review the request
and render a
decision. In the event that permission to distribute the material is denied
or limited, the person submitting the request should be informed in writing
of
the reasons for the denial or limitation.
C. If the person submitting the request does not receive a
response within
one school day, the person shall contact the office to verify that the lack
of
response was not due to an inability to locate the person.
D. If the person is dissatisfied with the decision of the principal, the
person may submit a written request for appeal to the superintendent. If the
person does not receive a response within three (3) school days (not counting
Saturdays, Sundays and holidays) of submitting the appeal, the person shall
contact the office of the Superintendent to verify that the lack of response
is not due to an inability to locate the person.
E. Permission or denial of permission to distribute material
does not imply
approval or disapproval of its contents by either the school, the
administration of the school, the school board, or the individual reviewing
the material submitted.
VII. DISCIPLINARY ACTION
A. Distribution by any student of nonschool-sponsored material
prohibited
herein or in violation of the provisions of time, place and manner of
distribution as described above will be halted and disciplinary action will
be
taken in accordance with the school district’s Student Discipline Policy.
B. Distribution by any employee of nonschool-sponsored material
prohibited
herein or in violation of the provisions of time, place and manner of
distribution as described above will be halted and appropriate disciplinary
action will be taken, in accordance with any individual contract, collective
bargaining agreement, school district policies and procedures, and/or
governing statute.
C. Any other party violating this policy will be requested to leave the
school
property immediately and, if necessary, the police will be called.
VIII. NOTICE OF POLICY TO STUDENTS AND EMPLOYEES
A copy of this policy will be published in student handbooks and posted in
school buildings.
IX. IMPLEMENTATION
The school district administration may develop any additional guidelines and
procedures necessary to implement this policy for submission to the school
board for approval. Upon approval by the school board, such guidelines and
procedures shall be an addendum to this policy.
506 STUDENT DISCIPLINE`
Adopted: Aug.23,2005
[Note: School districts are required by statute to have a policy addressing
these issues.]
I. PURPOSE
The purpose of this policy is to ensure that students are aware of and comply
with the school district’s expectations for student conduct. Such compliance
will enhance the school district’s ability to maintain discipline and ensure
that there is no interference with the educational process. The school
district will take appropriate disciplinary action when students fail to
adhere to the Code of Student Conduct established by this policy.
II. GENERAL STATEMENT OF POLICY
The school board recognizes that individual responsibility and mutual respect
are essential components of the educational process. The school board
further
recognizes that nurturing the maturity of each student is of primary
importance and is closely linked with the balance that must be maintained
between authority and self-discipline as the individual progresses from a
child’s dependence on authority to the more mature behavior of self-control.
All students are entitled to learn and develop in a setting which promotes
respect of self, others and property. Proper positive discipline can only
result from an environment which provides options and stresses student
self-direction, decision-making and responsibility. Schools can function
effectively only with internal discipline based on mutual understanding of
rights and responsibilities.
Students must conduct themselves in an appropriate manner that maintains a
climate in which learning can take place. Overall decorum affects student
attitudes and influences student behavior. Proper student conduct is
necessary to facilitate the education process and to create an atmosphere
conducive to high student achievement.
Although this policy emphasizes the development of self-discipline, it is
recognized that there are instances when it will be necessary to administer
disciplinary measures. It is the position of the school district that a fair
and equitable district-wide student discipline policy will contribute to the
quality of the student’s educational experience. This discipline policy is
adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal
Act, Minn. Stat. §§ 121A.40-121A.56.In view of the foregoing and in
accordance
with Minn. Stat. § 121A.55, the school board, with the participation of
school
district administrators, teachers, employees, students, parents, community
members, and such other individuals and organizations as appropriate, has
developed this policy which governs student conduct and applies to all
students of the school district.
III. AREAS OF RESPONSIBILITY
A. The School Board. The school board holds all school personnel
responsible
for the maintenance of order within the school district and supports all
personnel acting within the framework of this discipline policy.
B. Superintendent. The superintendent shall establish guidelines and
directives to carry out this policy, hold all school personnel, students and
parents responsible for conforming to this policy, and support all school
personnel performing their duties within the framework of this policy. The
superintendent shall also establish guidelines and directives for using the
services of appropriate agencies for assisting students and parents. Any
guidelines or directives established to implement this policy shall be
submitted to the school board for approval and shall be attached as an
addendum to this policy.
C. Principal. The school principal is given the responsibility and
authority
to formulate building rules and regulations necessary to enforce this policy,
subject to final school board approval. The principal shall give direction
and support to all school personnel performing their duties within the
framework of this policy. The principal shall consult with parents of
students
conducting themselves in a manner contrary to the policy. The principal
shall
also involve other professional employees in the disposition of behavior
referrals and shall make use of those agencies appropriate for assisting
students and parents. A principal, in exercising his or her lawful
authority,
may use reasonable force when it is necessary under the circumstances to
correct or restrain a student or prevent bodily harm or death to another.
D. Teachers. All teachers shall be responsible for providing a well-
planned
teaching/learning environment and shall have primary responsibility for
student conduct, with appropriate assistance from the administration. All
teachers shall enforce the Code of Student Conduct. In exercising the
teacher’s lawful authority, a teacher may use reasonable force when it is
necessary under the circumstances to correct or restrain a student or prevent
bodily harm or death to another.
E. Other School District Personnel. All school district personnel
shall be
responsible for contributing to the atmosphere of mutual respect within the
school. Their responsibilities relating to student behavior shall be as
authorized and directed by the superintendent. A school employee, school bus
driver, or other agent of a school district, in exercising his or her lawful
authority, may use reasonable force when it is necessary under the
circumstances to restrain a student or prevent bodily harm or death to
another.
F. Parents or Legal Guardians. Parents and guardians shall be held
responsible for the behavior of their children as determined by law and
community practice. They are expected to cooperate with school authorities
and to participate regarding the behavior of their children.
G. Students. All students shall be held individually responsible for
their
behavior and for knowing and obeying the Code of Student Conduct and this
policy.
H. Community Members. Members of the community are expected to
contribute to
the establishment of an atmosphere in which rights and duties are effectively
acknowledged and fulfilled.
IV. STUDENT RIGHTS
All students have the right to an education and the right to learn.
V. STUDENT RESPONSIBILITIES
All students have the responsibility:
A. For their behavior and for knowing and obeying all school rules,
regulations, policies and procedures;
B. To attend school daily, except when excused, and to be on time to all
classes and other school functions;
C. To pursue and attempt to complete the courses of study prescribed by
the
state and local school authorities;
D. To make necessary arrangements for making up work when absent from
school;
E. To assist the school staff in maintaining a safe school for all
students;
F. To be aware of all school rules, regulations, policies and
procedures,
including those in this policy, and to conduct themselves in accord with
them;
G. To assume that until a rule or policy is waived, altered or
repealed, it is
in full force and effect;
H. To be aware of and comply with federal, state and local laws;
I. To volunteer information in disciplinary cases should they have any
knowledge relating to such cases and to cooperate with school staff as
appropriate;
J. To respect and maintain the school’s property and the property of
others;
K. To dress and groom in a manner which meets standards of safety and
health
and common standards of decency and which is consistent with applicable
school
district policy;
L. To avoid inaccuracies in student newspapers or publications and
refrain
from indecent or obscene language;
M. To conduct themselves in an appropriate physical or verbal manner;
and
N. To recognize and respect the rights of others.
VI. CODE OF STUDENT CONDUCT
A. The following are examples of unacceptable behavior subject to
disciplinary
action by the school district. These examples are not intended to be an
exclusive list. Any student who engages in any of these activities shall be
disciplined in accordance with this policy. This policy applies to all
school
buildings, school grounds, and school property; school-sponsored activities
or
trips; school bus stops; school buses, school vehicles, school contracted
vehicles, or any other vehicles approved for school district purposes; the
area of entrance or departure from school premises or events; and all
school-related functions. This policy also applies to any student whose
conduct at any time or in any place interferes with or obstructs the mission
or operations of the school district or the safety or welfare of the student,
other students, or employees.
1. Violations against property including, but not limited to, damage to
or
destruction of school property or the property of others, failure to
compensate for damage or destruction of such property, arson, breaking and
entering, theft, robbery, possession of stolen property, extortion,
trespassing, unauthorized usage, or vandalism;
2. The use of profanity or obscene language, or the possession of
obscene
materials;
3. Gambling, including, but not limited to, playing a game of chance
for stakes;
4. Hazing;
5. Attendance problems including, but not limited to, truancy,
absenteeism,
tardiness, skipping classes, or leaving school grounds without permission;
6. Opposition to authority using physical force or violence;
7. Using, possessing, or distributing tobacco or tobacco paraphernalia;
8. Using, possessing, distributing, or being under the influence of
alcohol or
other intoxicating substances or look-alike substances;
9. Using, possessing, distributing, or being under the influence of
narcotics,
drugs, or other controlled substances, or look-alike substances, except as
prescribed by a physician, including one student sharing prescription
medication with another student;
10. Using, possessing, or distributing items or articles that are
illegal or
harmful to persons or property including, but not limited to, drug
paraphernalia;
11. Using, possessing, or distributing weapons, or look-alike weapons or
other
dangerous objects;
12. Violation of the school district Weapons Policy;
13. Possession of ammunition including, but not limited to, bullets or
other
projectiles designed to be used in or as a weapon;
14. Possession, use, or distribution of explosives or any compound or
mixture,
the primary or common purpose or intended use of which is to function as an
explosive;
15. Possession, use, or distribution of fireworks or any substance or
combination of substances or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration or
detonation;
16. Using an ignition device, including a butane or disposable lighter or
matches, inside an educational building and under circumstances where there
is
a risk of fire, except where the device is used in a manner authorized by the
school;
17. Violation of any local, state or federal law as appropriate;
18. Acts disruptive of the educational process, including, but not
limited to,
disobedience, disruptive or disrespectful behavior, defiance of authority,
cheating, insolence, insubordination, failure to identify oneself, improper
activation of fire alarms, or bomb threats;
19. Possession of nuisance devices or objects which cause distractions
and may
facilitate cheating including, but not limited to, pagers, radios, and
phones,
including picture phones;
20. Violation of school bus or transportation rules or the school bus
safety
policy;
21. Violation of parking or school traffic rules and regulations,
including,
but not limited to, driving on school property in such a manner as to
endanger
persons or property;
22. Violation of directives or guidelines relating to lockers or
improperly
gaining access to a school locker;
23. Possession or distribution of slanderous, libelous or pornographic
materials;
24. Student attire or personal grooming which creates a danger to health
or
safety or creates a disruption to the educational process, including clothing
which bears a message which is lewd, vulgar, or obscene, apparel promoting
products or activities that are illegal for use by minors, or clothing
containing objectionable emblems, signs, words, objects, or pictures
communicating a message that is racist, sexist, or otherwise derogatory to a
protected minority group or which connotes gang membership;
25. Criminal activity;
26. Falsification of any records, documents, notes or signatures;
27. Tampering with, changing, or altering records or documents of the
school
district by any method including, but not limited to, computer access or
other
electronic means;
28. Scholastic dishonesty which includes, but is not limited to,
cheating on a
school assignment or test, plagiarism, or collusion, including the use of
picture phones or other technology to accomplish this end;
29. Impertinent or disrespectful language toward teachers or other school
district personnel;
30. Sexual and/or racial abuse and/or harassment;
31. Actions, including fighting or any other assaultive behavior, which
causes
or could cause injury to the student or other persons or which otherwise
endangers the health, safety, or welfare of teachers, students, other school
district personnel, or other persons;
32. Committing an act which inflicts great bodily harm upon another
person,
even though accidental or a result of poor judgment;
33. Violations against persons, including, but not limited to, assault or
threatened assault, fighting, harassment, interference or obstruction, attack
with a weapon, or look-alike weapon, sexual assault, illegal or inappropriate
sexual conduct, or indecent exposure;
34. Verbal assaults, or verbally abusive behavior, including, but not
limited
to, use of language that is discriminatory, abusive, obscene, threatening,
intimidating or that degrades other people;
35. Physical or verbal threats including, but not limited to, the
staging or
reporting of dangerous or hazardous situations that do not exist;
36. Inappropriate, abusive, threatening, or demeaning actions based on
race,
color, creed, religion, sex, marital status, status with regard to public
assistance, disability, national origin or sexual orientation;
37. Violation of school rules, regulations, policies, or procedures;
38. Other acts, as determined by the school district, which are
disruptive of
the educational process or dangerous or detrimental to the student or other
students, school district personnel or surrounding persons, or which violate
the rights of others or which damage or endanger the property of the school,
or which otherwise interferes with or obstruct the mission or operations of
the school district or the safety or welfare of students or employees.
VII. DISCIPLINARY ACTION OPTIONS
It is the general policy of the school district to utilize progressive
discipline to the extent reasonable and appropriate based upon the specific
facts and circumstances of student misconduct. The specific form of
discipline chosen in a particular case is solely within the discretion of the
school district. At a minimum, violation of school district rules,
regulations, policies or procedures will result in discussion of the
violation
and a verbal warning. The school district shall, however, impose more
severe
disciplinary sanctions for any violation, including exclusion or expulsion,
if
warranted by the student’s misconduct, as determined by the school district.
Disciplinary action may include, but is not limited to, one or more of the
following:
A. Student conference with teacher, principal, counselor or other school
district personnel, and verbal warning;
B. Parent contact;
C. Parent conference;
D. Removal from class;
E. In-school suspension;
F. Suspension from extracurricular activities;
G. Detention or restriction of privileges;
H. Loss of school privileges;
I. In-school monitoring or revised class schedule;
J. Referral to in-school support services;
K. Referral to community resources or outside agency services;
L. Financial restitution;
M. Referral to police, other law enforcement agencies, or other
appropriate
authorities;
N. A request for a petition to be filed in district court for juvenile
delinquency adjudication;
O. Out-of-school suspension under the Pupil Fair Dismissal Act;
P. Preparation of an admission or readmission plan;
Q. Expulsion under the Pupil Fair Dismissal Act;
R. Exclusion under the Pupil Fair Dismissal Act; and/or
S. Other disciplinary action as deemed appropriate by the school
district.
VIII. REMOVAL OF STUDENTS FROM CLASS
A. Teachers have the responsibility of attempting to modify disruptive
student
behavior by such means as conferring with the student, using positive
reinforcement, assigning detention or other consequences, or contacting the
student’s parents. When such measures fail, or when the teacher determines
it
is otherwise appropriate based upon the student’s conduct, the teacher shall
have the authority to remove the student from class pursuant to the
procedures
established by this discipline policy. “Removal from class” and “removal”
mean any actions taken by a teacher, principal, or other school district
employee to prohibit a student from attending a class or activity period for
a
period of time not to exceed 5 days, pursuant to this discipline policy.
Grounds for removal from class shall include any of the
following:
1. Willful conduct that significantly disrupts the rights of others to
an
education, including conduct that interferes with a teacher’s ability to
teach
or communicate effectively with students in a class or with the ability of
other students to learn;
2. Willful conduct that endangers surrounding persons, including school
district employees, the student or other students, or the property of the
school;
3. Willful violation of any school rules, regulations, policies or
procedures,
including the Code of Student Conduct in this policy; or
4. Other conduct, which in the discretion of the teacher or
administration,
requires removal of the student from class.
Such removal shall be for at least one (1) activity period or class period of
instruction for a given course of study and shall not exceed five (5) such
periods.
B. If a student is removed from class more than ten (10) times in a
school
year, the school district shall notify the parent or guardian of the
student’s
tenth removal from class and make reasonable attempts to convene a meeting
with the student’s parent or guardian to discuss the problem that is causing
the student to be removed from class.
Note: [The following Sections C. - K. have be developed and inserted to
reflect District 0891 practices, procedures and preferences.]
C. Procedures for Removal of a Student >From a Class. -
1. Teacher directs student to leave the classroom and to report to the
office.
2. The teacher is expected to file a Student Behavioral Referral form.
D. Responsibility for and Custody of a Student Removed From Class.
1. Student reports to the office.
2. Uncooperative students are escorted by office personnel
3. Student provides a written or oral statement about the incident
4. The student remains in the office under supervision of the office
personnel
until directed to return to class.
E. Procedures for Return of a Student to a Class From Which the Student
Was
Removed.
1. High school students are returned to class based upon the
discipline
chart. (Attachment 1)
2. Elementary students are returned to class based upon the discipline
chart.
(Attachment 2)
F. Procedures for Notification.
1. A copy of the Student Behavioral Referral form filed by the
teacher with
the office is mailed home to the parents, one is placed in the students file,
one is placed in the office file, and one copy is sent to the teacher.
G. Disabled Students; Special Provisions
1. Students with IEPs removed from class will be referred to their case
manager.
2. Under the direction of the case manager, the IEP team will determine
if
further assessments or modifications in the IEP are needed.
H. Procedures for Detecting and Addressing Chemical Abuse Problems of
Students
While on School Premises.
1. After an initial assessment of possible use, the chemical pre-
assessment
team (the school nurse, social worker, counselor and principal) will consult
to determine if a student is under the influence of a controlled substance.
2. If the team determines the student is under the influence of a
controlled
substance, the parents and if necessary the police are notified.
3. The student is removed from school based upon the discipline chart
and
individual student needs.
4. The high school social worker heads a school/community advisory
committee.
5. Teachers or students are to report suspected chemical abuse issues
to the
high school office personnel --social worker, counselor, activities director,
or principal.
I. Procedures for Immediate and Appropriate Interventions Tied to
Violations
of the Code of Student Conduct.
1. Refer to the High School Discipline Chart (Attachment 1)
2. Refer to the Elementary Discipline Chart (Attachment 2)
J. Any Procedures Determined Appropriate for Encouraging Early
Involvement of
Parents or Guardians in Attempts to Improve a Student’s Behavior.
1. Early Childhood Programs Parent components – ECFE, ECSE, Head Start
2. PACT 4 – Wrap around system of support and intervention
K. Any Procedures Determined Appropriate for Encouraging Early
Detection of
Behavioral Problems.
1. Public Health In Home Screening Process
2. Pre-school in home follow up visits
3. Pre-school screening
4. Parent referrals
5. Teacher referrals
6. Teacher Assistant Teams
7. Social Worker referrals
8. School Nurse referrals
IX. DISMISSAL
A. “Dismissal” means the denial of the current educational program to
any
student, including exclusion, expulsion and suspension. Dismissal does not
include removal from class.
The school district shall not deny due process or equal protection of the law
to any student involved in a dismissal proceeding, which may result in
suspension, exclusion or expulsion.
The school district shall not dismiss any student without attempting to
provide alternative educational services before dismissal proceedings, except
where it appears that the student will create an immediate and substantial
danger to self or to surrounding persons or property.
B. Violations leading to suspension, based upon severity, may also be
grounds
for actions leading to expulsion, and/or exclusion. A student may be
dismissed on any of the following grounds:
1. Willful violation of any reasonable school board regulation,
including
those found in this policy;
2. Willful conduct that significantly disrupts the rights of others to
an
education, or the ability of school personnel to perform their duties, or
school sponsored extracurricular activities; or
3. Willful conduct that endangers the student or other students, or
surrounding persons, including school district employees, or property of the
school.
C. Suspension Procedures
1. “Suspension” means an action by the school administration, under
rules
promulgated by the School Board, prohibiting a student from attending school
for a period of no more than ten (10) school days; provided, however, if a
suspension is longer than five (5) school days, the suspending administrator
shall provide the superintendent with a reason for the longer term of
suspension. This definition does not apply to dismissal for one (1) school
day or less, except as may be provided in federal law for a student with a
disability.
2. If a student’s total days of removal from school exceed ten (10)
cumulative
days in a school year, the school district shall make reasonable attempts to
convene a meeting with the student and the student’s parent or guardian
before
subsequently removing the student from school and, with the permission of the
parent or guardian, arrange for a mental health screening for the student at
the parent or guardian’s expense. The purpose of this meeting is to attempt
to determine the pupil’s need for assessment or other services or whether the
parent or guardian should have the student assessed or diagnosed to determine
whether the student needs treatment for a mental health disorder.
3. Each suspension action may include a readmission plan. The plan
shall
include, where appropriate, a provision for implementing alternative
educational services upon readmission and may not be used to extend the
current suspension. The school administration may not impose consecutive
suspensions against the same student for the same course of conduct, or
incident of misconduct, except where the student will create an immediate and
substantial danger to self or to surrounding persons or property or where the
school district is in the process of initiating an expulsion, in which case
the school administration may extend the suspension to a total of fifteen
(15)
days.
4. In the case of a student with a disability, the student’s individual
education plan team shall meet immediately but not more than ten (10) school
days after the date on which the decision to remove the student from the
student’s current education placement is made. The individual education plan
team shall, at the meeting, conduct a review of the relationship between the
child’s disability and the behavior subject to disciplinary action, and
determine the appropriateness of the child’s education plan.
The requirements of the individual education plan team meeting apply when:
(1) the parent requests a meeting; (2) the student is removed from the
student’s current placement for five (5) or more consecutive days; or (3) the
student’s total days of removal from the student’s placement during the
school
year exceed ten (10) cumulative days in a school year. The school
administration shall implement alternative educational services when the
suspension exceeds five (5) days. A separate administrative conference shall
be conducted for each period of suspension.
5. The school administration shall implement alternative educational
services
when the suspension exceeds five (5) days. Alternative educational services
may include, but are not limited to, special tutoring, modified curriculum,
modified instruction, other modifications or adaptations, instruction through
electronic media, special education services as indicated by appropriate
assessments, homebound instruction, supervised homework, or enrollment in
another district or in an alternative learning center under Minn. Stat. §
123A.05 selected to allow the pupil to progress toward meeting graduation
standards under Minn. Stat. § 120B.02, although in a different setting.
6. The school administration shall not suspend a student from school
without
an informal administrative conference with the student. The informal
administrative conference shall take place before the suspension, except
where
it appears that the student will create an immediate and substantial danger
to
self or to surrounding persons or property, in which case the conference
shall
take place as soon as practicable following the suspension. At the informal
administrative conference, a school administrator shall notify the student of
the grounds for the suspension, provide an explanation of the evidence the
authorities have, and the student may present the student’s version of the
facts. A separate administrative conference is required for each period of
suspension.
7. A written notice containing the grounds for suspension, a brief
statement
of the facts, a description of the testimony, a readmission plan, and a copy
of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56,
shall be personally served upon the student at or before the time the
suspension is to take effect, and upon the student’s parent or guardian by
mail within forty-eight (48) hours of the conference. (See attached sample
Notice of Suspension.)
8. The school administration shall make reasonable efforts to notify the
student’s parent or guardian of the suspension by telephone as soon as
possible following suspension.
9. In the event a student is suspended without an informal
administrative
conference on the grounds that the student will create an immediate and
substantial danger to surrounding persons or property, the written notice
shall be served upon the student and the student’s parent or guardian within
forty-eight (48) hours of the suspension. Service by mail shall be complete
upon mailing.
10. Notwithstanding the foregoing provisions, the student may be
suspended
pending the school board’s decision in an expulsion or exclusion proceeding,
provided that alternative educational services are implemented to the extent
that suspension exceeds five (5) days.
D. Expulsion and Exclusion Procedures
1. “Expulsion” means a school board action to prohibit an enrolled
student
from further attendance for up to twelve (12) months from the date the
student
is expelled. The authority to expel rests with the school board.
2. “Exclusion” means an action taken by the school board to prevent
enrollment
or re-enrollment of a student for a period that shall not extend beyond the
school year. The authority to exclude rests with the school board.
3. All expulsion and exclusion proceedings will be held pursuant to and
in
accordance with the provisions of the Minnesota Pupil Fair Dismissal Act,
Minn. Stat. §§121A.40-121A.56.
4. No expulsion or exclusion shall be imposed without a hearing, unless
the
student and parent or guardian waives the right to a hearing in writing.
5. The student and parent or guardian shall be provided written notice
of the
school district’s intent to initiate expulsion or exclusion proceedings.
This
notice shall be served upon the student and his or her parent or guardian
personally or by mail, and shall contain a complete statement of the facts; a
list of the witnesses and a description of their testimony; state the date,
time and place of hearing; be accompanied by a copy of the Pupil Fair
Dismissal Act, Minn. Stat. §§ 121A.40-121A.56; describe alternative
educational services accorded the student in an attempt to avoid the
expulsion
proceedings; and inform the student and parent or guardian of their right to:
(1) have a representative of the student’s own choosing, including legal
counsel at the hearing; (2) examine the student’s records before the hearing;
(3) present evidence; and (4) confront and cross-examine witnesses. The
school district shall advise the student’s parent or guardian that free or
low-cost legal assistance may be available and that a legal assistance
resource list is available from the Minnesota Department of Education (MDE).
6. The hearing shall be scheduled within ten (10) days of the service
of the
written notice unless an extension, not to exceed five (5) days, is requested
for good cause by the school district, student, parent or guardian.
7. All hearings shall be held at a time and place reasonably convenient
to the
student, parent or guardian and shall be closed, unless the student, parent
or
guardian requests an open hearing.
8. The school district shall record the hearing proceedings at district
expense, and a party may obtain a transcript at its own expense.
9. The student shall have a right to a representative of the student’s
own
choosing, including legal counsel, at the student’s sole expense. The school
district shall advise the student’s parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list
is
available from MDE. The school board may appoint an attorney to represent
the
school district in any proceeding.
10. If the student designates a representative other than the parent or
guardian, the representative must have a written authorization from the
student and the parent or guardian providing them with access to and/or
copies
of the student’s records.
11. All expulsion or exclusion hearings shall take place before and be
conducted by an independent hearing officer designated by the school
district.
The hearing shall be conducted in a fair and impartial manner. Testimony
shall be given under oath and the hearing officer shall have the power to
issue subpoenas and administer oaths.
12. At a reasonable time prior to the hearing, the student, parent or
guardian, or authorized representative shall be given access to all school
district records pertaining to the student, including any tests or reports
upon which the proposed dismissal action may be based.
13. The student, parent or guardian, or authorized representative, shall
have
the right to compel the presence of any school district employee or agent or
any other person who may have evidence upon the which the proposed dismissal
action may be based, and to confront and cross-examine any witnesses
testifying for the school district.
14. The student, parent or guardian, or authorized representative, shall
have
the right to present evidence and testimony, including expert psychological
or
educational testimony.
15. The student cannot be compelled to testify in the dismissal
proceedings.
16. The hearing officer shall prepare findings and a recommendation based
solely upon substantial evidence presented at the hearing, which must be made
to the school board and served upon the parties within two (2) days after the
close of the hearing.
17. The school board shall base its decision upon the findings and
recommendation of the hearing officer and shall render its decision at a
meeting held within five (5) days after receiving the findings and
recommendation. The school board may provide the parties with the
opportunity
to present exceptions and comments to the hearing officer’s findings and
recommendation provided that neither party presents any evidence not admitted
at the hearing. The decision by the school board must be based on the
record,
must be in writing, and must state the controlling facts on which the
decision
is made in sufficient detail to apprise the parties and the Commissioner of
Education (Commissioner) of the basis and reason for the decision.
18. A party to an expulsion or exclusion decision made by the school
board may
appeal the decision to the Commissioner within twenty-one (21) calendar days
of school board action pursuant to Minn. Stat. § 121A.49. The decision of
the
school board shall be implemented during the appeal to the Commissioner.
19. The school district shall report any suspension, expulsion or
exclusion
action taken to the appropriate public service agency, when the student is
under the supervision of such agency.
20. The school district shall report each expulsion or exclusion within
thirty
(30) days of the effective date of the action to the Commissioner. This
report
shall include a statement of alternative educational services given the
student and the reason for, the effective date, and the duration of the
exclusion or expulsion. The dismissal report must include state student
identification numbers of affected students.
21. Whenever a student fails to return to school within ten (10) school
days
of the termination of dismissal, a school administrator shall inform the
student and his/her parent or guardian by mail of the student’s right to
attend and to be reinstated in the school district.
X. ADMISSION OR READMISSION PLAN
A school administrator shall prepare and enforce an admission or readmission
plan for any student who is excluded or expelled from school. The plan may
include measures to improve the student’s behavior and require parental
involvement in the admission or readmission process, and may indicate the
consequences to the student of not improving the student’s behavior. The
readmission plan must not obligate parents to provide a sympathomimetic
medication for their child as a condition of readmission.
XI. NOTIFICATION OF POLICY VIOLATIONS
Notification of any violation of this policy and resulting disciplinary
action
shall be as provided herein, or as otherwise provided by the Pupil Fair
Dismissal Act or other applicable law. The teacher, principal or other
school
district official may provide additional notification as deemed appropriate.
XII. STUDENT DISCIPLINE RECORDS
It is the policy of the school district that complete and accurate student
discipline records be maintained. The collection, dissemination, and
maintenance of student discipline records shall be consistent with applicable
school district policies and federal and state law, including the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13.
XIII. DISABLED STUDENTS
Students who are currently identified as disabled under IDEA or Section 504
will be subject to the provisions of this policy, unless the student’s IEP or
504 plan specifies a necessary modification.
Where a student is dismissed for five (5) or more consecutive days, or has
accumulated more than ten (10) days of dismissal over the course of the
school
year, the school district will convene a meeting to determine whether the
student’s educational program is appropriate and whether the behavior subject
to discipline is a manifestation of the student’s disability. Such a meeting
must be held within ten (10) days of the school district’s decision to remove
the student from his or her current educational placement and must be held
before commencing an expulsion or exclusion of the student. If the student’s
educational program is appropriate and the behavior is not a manifestation of
the student’s disability, the school district will proceed with discipline –
up to and including expulsion – as if the student did not have a disability,
unless the student’s educational program provides otherwise. If the team
determines that the behavior subject to discipline is a manifestation of the
student’s disability, the team will confer on the appropriate discipline
(excluding exclusion or expulsion) and take steps to alter the student’s
educational program, as necessary. Regardless of whether the behavior is a
manifestation of the student’s disability, if the team determines that the
student’s educational program is either not appropriate or not being properly
implemented, the team will take steps to alter the program and will take any
program alterations into account in determining appropriate discipline.
When a student who has an IEP is excluded or expelled for misbehavior that is
not a manifestation of the student’s disability, the school district shall
continue to provide special education and related services after any period
of
suspension, if suspension is imposed.
XIV. OPEN ENROLLED STUDENTS
The school district may terminate the enrollment of a nonresident student
enrolled under an Enrollment Option Program (Minn. Stat. § 124D.03) or
Enrollment in Nonresident District (Minn. Stat. § 124D.08) at the end of a
school year if the student meets the definition of a habitual truant, the
student has been provided appropriate services for truancy (Minn. Stat. Ch.
260A), and the student’s case has been referred to juvenile court. The
school
district may also terminate the enrollment of a nonresident student over the
age of sixteen (16) enrolled under an Enrollment Options Program if the
student is absent without lawful excuse for one or more periods on fifteen
(15) school days and has not lawfully withdrawn from school.
XV. DISTRIBUTION OF POLICY
The school district will notify students and parents of the existence and
contents of this policy in such manner, as it deems appropriate. Copies of
this discipline policy shall be made available to all students and parents at
the commencement of each school year and to all new students and parents upon
enrollment. This policy shall also be available upon request in each
principal’s office.
XVI. REVIEW OF POLICY
The principal and representatives of parents, students and staff in each
school building shall confer periodically to review this discipline policy,
determine if the policy is working as intended, and to assess whether the
discipline policy has been enforced. Any recommended changes shall be
submitted to the superintendent for consideration by the school board.
ATTACHMENT 1: Canby Grade 7-12 Discipline Policy
ATTACHMENT 2 – CANBY ELEMENTARY DISCIPLINE PLAN
CANBY ELEMENTARY SCHOOL BEHAVIOR GUIDELINES
Students are expected to follow all the following rules all of the time:
1. Respect Yourself
2. Respect Others
3. Respect Things
These are the general behavior guidelines. Individual teachers will establish
guidelines for their own classrooms. Repeated violations will result in:
1. Infraction #1: Peer Mediation or Noon Detention (30 minutes)
2. Infraction #2: Peer Mediation or Noon Detention (30 minutes)
3. Infraction #3: One hour of after school detention
4. Infraction #4: One hour of after school detention, plus a parent
conference, which will include the principal.
5. Infraction #5: One day of In School Suspension, plus a parent
conference,
which will include the principal. The student
will also be referred to the Teacher
Assistance Team (TAT) to explore
alternatives.
6. Infraction #6: Refer to principal office for discipline (e.g. loss of
field trips or special events)
507 CORPORAL PUNISHMENT Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to describe limitations on corporal punishment
of students.
II. GENERAL STATEMENT OF POLICY
No employee or agent of the school district shall cause corporal punishment
to
be inflicted upon a student to reform unacceptable conduct or as a penalty
for
unacceptable conduct. As used in this policy, the term “corporal
punishment”
means conduct involving hitting or spanking a person with or without an
object, or unreasonable physical force that causes bodily harm or substantial
emotional harm.
III. EXCEPTIONS
A teacher or school principal may use reasonable force when it is necessary
under the circumstances to correct or restrain a student or prevent bodily
harm or death to another. Other school district employees, school bus
drivers, or other agents of a school district may use reasonable force when
necessary under the circumstances to restrain a student or prevent bodily
harm
or death to another.
IV. VIOLATION
Employees who violate the provisions of this policy shall be subject to
disciplinary action as appropriate. Any such disciplinary action shall be
made pursuant to and in accordance with applicable statutory authority,
collective bargaining agreements and school district policies. Violation of
this policy may also result in civil or criminal liability for the employee.
508 EXTENDED SCHOOL YEAR FOR CERTAIN STUDENTS WITH INDIVIDUALIZED
EDUCATION
PROGRAMS
Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to ensure that the school district complies
with
the overall requirements of law as mandated for certain students subject to
individualized education programs (IEPs) when necessary to provide a free
appropriate public education (FAPE).
II. GENERAL STATEMENT OF POLICY
A. Extended School Year Services Must Be Available to Provide a FAPE.
The
school district shall provide extended school year (ESY) services to a
student
who is the subject of an IEP if the student’s IEP team determines the
services
are necessary during a break in instruction in order to provide a FAPE.
B. Extended School Year Determination. At least annually, the IEP team
must
determine that a student is in need of ESY services if the student meets any
of the following conditions:
1. There will be significant regression of a skill or acquired
knowledge from
the student’s level of performance on an annual goal that requires more than
the length of the break in instruction to recoup unless the IEP team
determines a shorter time for recoupment is more appropriate; OR
2. Services are necessary for the student to attain and maintain
self-sufficiency because of the critical nature of the skill addressed by an
annual goal, the student’s age and level of development, and the timeliness
for teaching the skill; OR
3. The IEP team otherwise determines, given the student’s unique needs,
that
ESY services are necessary to ensure the pupil receives a FAPE.
C. Required Factors Schools Must Consider in Making ESY
Determinations. The
IEP team must decide ESY eligibility using information including:
1. Prior observations of the student’s regression and recoupment over
the summer;
2. Observations of the student’s tendency to regress over extended
breaks in
instruction during the school year; and
3. Experience with other students with similar instructional needs.
D. Additional Factors to Consider, Where Relevant. In making its
determination of ESY needs, the following factors must be considered, where
relevant:
1. The student’s progress and maintenance of skills during the regular
school
year.
2. The student’s degree of impairment.
3. The student’s rate of progress.
4. The student’s behavioral or physical problems.
5. The availability of alternative resources.
6. The student’s ability and need to interact with nondisabled peers.
7. The areas of the student’s curriculum, which need continuous
attention.
8. The student’s vocational needs.
E. No Unilateral Decisions. In implementing the requirements of this
section,
the school district may not unilaterally limit the type, amount, or duration
of those services.
509 ENROLLMENT OF NONRESIDENT STUDENTS
Adopted: Aug.23,2005
I. PURPOSE
The school district desires to participate in the Enrollment Options Program
established by Minn. Stat. § 124D.03. It is the purpose of this policy to
set
forth the application and exclusion procedures used by the school district in
making said determination.
II. GENERAL STATEMENT OF POLICY
A. Eligibility. Applications for enrollment under the Enrollment
Options
(Open Enrollment) Law will be approved provided that acceptance of the
application will not exceed the capacity of a program, class, grade level, or
school building as established by school board resolution and provided that:
1. space is available for the applicant under enrollment cap standards
established by school board policy or other directive; and
2. in considering the capacity of a grade level, the school district
may only
limit the enrollment of nonresident students to a number not less than the
lesser of: (a) one percent of the total enrollment at each grade level in the
school district; or (b) the number of school district resident students at
that grade level enrolled in a nonresident school district in accordance with
Minn. Stat. § 124D.03.
3. the applicant is not otherwise excluded by action of the school
district
because of previous conduct in another school district.
B. Standards that may be used for rejection of application. In
addition to
the provisions of Paragraph II.A., the school district may refuse to allow a
pupil who is expelled under Section 121A.45 to enroll during the term of the
expulsion if the student was expelled for:
1. possessing a dangerous weapon, including a weapon, device,
instruments,
material, or substance, animate or inanimate, that is used for, or is readily
capable of, causing death or serious bodily injury, with the exception of a
pocket knife with a blade less that two and one-half inches in length, at
school or a school function;
2. possessing or using an illegal drug at school or a school function;
3. selling or soliciting the sale of a controlled substance while at
school or
a school function; or
4. committing a third-degree assault involving assaulting another and
inflicting substantial bodily harm.
C. Standards that may not be used for rejection of application. The
school
district may not use the following standards in determining whether to accept
or reject an application for open enrollment:
1. previous academic achievement of a student;
2. athletic or extracurricular ability of a student;
3. disabling conditions of a student;
4. a student’s proficiency in the English language;
5. the student’s district of residence; or
6. previous disciplinary proceedings involving the student. This shall
not
preclude the school district from proceeding with exclusion as set out in
Section E. of this policy.
D. Application. The student and parent or guardian must complete and
submit
an Application for Enrollment School District Enrollment Options Program
developed by the Minnesota Department of Education (that enrollment form
follows this policy).
E. Exclusion
1. Administrator’s initial determination. If a school district
administrator
knows or has reason to believe that an applicant has engaged in conduct that
has subjected or could subject the applicant to expulsion or exclusion under
law or school district policy, the administrator will transmit the
application
to the superintendent with a recommendation of whether exclusion proceedings
should be initiated.
2. Superintendent’s review. The superintendent may make further
inquiries.
If the superintendent determines that the applicant should be admitted, he or
she will notify the applicant and the school board chair. If the
superintendent determines that the applicant should be excluded, the
superintendent will notify the applicant and determine whether the applicant
wishes to continue the application process. Although an application may not
be rejected based on previous disciplinary proceedings, the school district
reserves the right to initiate exclusion procedures pursuant to the Minnesota
Pupil Fair Dismissal Act as warranted on a case-by-case basis.
F. Termination of Enrollment
1. The school district may terminate the enrollment of a nonresident
student
enrolled under an enrollment options program pursuant to Minn. Stat. §
124D.03
or 124D.08 at the end of a school year if the student meets the definition of
a habitual truant, the student has been provided appropriate services for
truancy under Minn. Ch. 260A, and the student’s case has been referred to
juvenile court. A “habitual truant” is a child under 16 years of age who is
absent from attendance at school without lawful excuse for seven school days
if the child is in elementary school or for one or more class periods on
seven
school days if the child is in middle school, junior high school or high
school, or a child who is 16 or 17 years of age who is absent from attendance
at school without lawful excuse for one or more class periods on seven school
days and who has not lawfully withdrawn from school under Minn. Stat.120A.22,
Subd. 8.
2. The school district may also terminate the enrollment of a
nonresident
student over 16 years of age if the student is absent without lawful excuse
for one or more periods on 15 school days and has not lawfully withdrawn from
school under Minn. Stat. § 120A.22, Subd. 8.
510 SCHOOL ACTIVITIES
Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to impart to students, employees and the
community the school district’s policy related to the student activity
program.
II. GENERAL STATEMENT OF POLICY
School activities provide additional opportunities for students to pursue
special interests that contribute to their physical, mental and emotional
well-being. They are of secondary importance in relationship to the formal
instructional program; however, they complement the instructional program in
providing students with additional opportunities for growth and development.
III. RESPONSIBILITY
A. The school board expects all students who participate in
school sponsored
activities to represent the school and community in a responsible manner.
All
rules pertaining to student conduct and student discipline extend to school
activities.
B. The school board expects all spectators at school sponsored
activities,
including parents, employees, and other members of the public, to behave in
an
appropriate manner at those activities. Students and employees may be subject
to discipline and parents and other spectators may be subject to sanctions
for
engaging in misbehavior or inappropriate, illegal or unsportsmanlike behavior
at these activities or events.
C. It shall be the responsibility of the superintendent to
disseminate
information needed to inform students, parents, staff and the community of
the
opportunities available within the school activity program and the rules of
participation.
D. Those students who participate in Minnesota State High
School League
(MSHSL) activities must also abide by the league rules. It shall be the
responsibility of those employees who conduct MSHSL activities to familiarize
students and parents with all applicable rules, penalties, and opportunities.
511 STUDENT FUNDRAISING
Adopted: Aug.23,2005
I. PURPOSE
The purpose of this policy is to address student fundraising efforts.
II. GENERAL STATEMENT OF POLICY
The school board recognizes a desire and a need by some student organizations
for fundraising. The school board also recognizes a need for some constraint
to prevent fundraising activities from becoming too numerous and overly
demanding on employees, students and the general public.
III. RESPONSIBILITY
A. It shall be the responsibility of the building administrators to
develop
recommendations to the superintendent that will result in a level of activity
deemed acceptable by employees, parents and students. Fundraising must be
conducted in a manner that will not result in embarrassment on the part of
individual students, employees, or the school.
B. All fundraising activities must be approved in advance by the
administration. Participation in nonapproved activities shall be considered
a
violation of school district policy.
C. It shall be the responsibility of the superintendent to provide
coordination of student fundraising throughout the school district as deemed
appropriate.
D. The school district expects all students who participate in approved
fundraising activities to represent the school, the student organization and
the community in a responsible manner. All rules pertaining to student
conduct and student discipline extend to student fundraising activities.
E. The school district expects all employees who plan, supervise,
coordinate,
or participate in student fundraising activities to act in the best interests
of the students and to represent the school, the student organization, and
the
community in a responsible manner.
IV. ANNUAL REPORT
The superintendent shall report to the school board, at least annually, on
the
nature and scope of student fundraising activities approved pursuant to this
policy.
512 SCHOOL-SPONSORED STUDENT PUBLICATIONS AND ACTIVITIES
Adopted:
Aug.23,2005
I. PURPOSE
The purpose of this policy is to protect students’ rights to free speech in
production of official school publications and activities while at the same
time balancing the school district’s role in supervising student publications
and the operation of public schools.
II. GENERAL STATEMENT OF POLICY
A. The school district may exercise editorial control over the style and
content of student expressions in school-sponsored publications and
activities.
B. Expressions and representations made by students in school-sponsored
publications and activities are not expressions of official school district
policy. Faculty advisors shall supervise student writers to ensure
compliance
with the law and school district policies.
C. Students who believe their right to free expression has been
unreasonably
restricted in an official student publication or activity may seek review of
the decision by the building principal. The principal shall issue a decision
no later than three (3) school days after review is requested.
1. Students producing official school publications and
activities shall be
under the supervision of a faculty advisor and the school principal.
Official
publications and activities shall be subject to the guidelines set forth
below.
2. Official school publications may be distributed at
reasonable times and
locations.
III. DEFINITIONS
A. “Distribution” means circulation or dissemination of material by
means of
handing out free copies, selling or offering copies for sale, accepting
donations for copies, posting or displaying material, or placing materials in
internal staff or student mailboxes.
B. “Official school publications” means school newspapers, yearbooks or
material produced in communications, journalism or other writing classes as a
part of the curriculum.
C. “Obscene to minors” means:
1.The average person, applying contemporary community
standards, would find
that the material, taken as a whole, appeals to the prurient interest of
minors of the age to whom distribution is requested;
2.The material depicts or describes, in a manner that is
patently offensive
to prevailing standards in the adult community concerning how such conduct
should be presented to minors of the age to whom distribution is requested,
sexual conduct such as intimate sexual acts (normal or perverted),
masturbation, excretory functions, or lewd exhibition of the genitals;
and3.The material, taken as a whole, lacks serious literary, artistic,
political, or scientific value for minors.
D. “Minor” means any person under the age of eighteen
(18).
E. “Material and substantial disruption” of a normal
school activity means:
1.Where the normal school activity is an educational program of the
school
district for which student attendance icompulsory, “material and substantial
disruption” is defined as any disruption which interferes with or impedes the
implementation of that program.
2. Where the normal school activity is voluntary in
nature (including,
without limitation, school athletic events, school plays and concerts, and
lunch periods) “material and substantial disruption” is defined as student
rioting, unlawful seizures of property, conduct inappropriate to the event,
participation in a school boycott, demonstration, sit-in, stand-in, walk-out,
or other related forms of activity.
In order for expression to be considered disruptive, there must exist
specific facts upon which the likelihood of disruption can be forecast,
including past experience in the school, current events influencing student
activities
instances of actual or threatened disruption
relating to the written
material in question.
F. “School activities” means any activity of students
sponsored by the
school including, but not limited to, classroom work, library activities,
physical education classes, official assemblies and other similar gatherings,
school athletic contests, band concerts, school plays and other theatrical
productions, and in-school lunch periods.
G. “Libelous” is a false and unprivileged statement
about a
specific individual that tends to harm the individual’s reputation or to
lower
that individual in the esteem of the community.
IV. GUIDELINES
A. Expression in an official school publication or
school-sponsored activity
is prohibited when the material:
1. is obscene to minors;
2. is libelous or slanderous;
3. advertises or promotes any product or service not permitted
for minors by law;
4. encourages students to commit
illegal acts or
violate school regulations or substantially disrupts the orderly operation of
school or school activities;
5. expresses or advocates sexual,
racial or
religious harassment or violence or prejudice;
6. is distributed or displayed in
violation of
time, place and manner regulations.
B. Expression in an official school publication or school-sponsored
activity
is subject to editorial control by the school district over the style and
content as long as the school district’s actions are reasonably related to
legitimate pedagogical concerns. These may include, but are not limited to,
the following
1.assuring that participants learn whatever lessons the activity is designed
to teach;
2.assuring that readers or listeners are not exposed to material that may be
inappropriate for their level of maturity;
3.assuring that the views of the individual speaker are not erroneously
attributed to the school;
4. assuring that the school is not associated with any position other than
neutrality on matters of political controversy;
5. assuring that the sponsored student speech cannot reasonably be perceived
to advocate conduct otherwise inconsistent with the shared values of a
civilized social order;
6. assuring that the school is not associated with expression that is, for
example, ungrammatical, poorly written, inadequately researched, biased or
prejudiced, vulgar or profane, or unsuitable for immature audiences.
C. Time, Place and Manner of Distribution
Students shall be permitted to distribute written materials at
school as follows:
1. Time
Distribution shall be limited to the hours before the school day
begins,
during lunch hour and after school is dismissed.
2. Place
Written materials may be distributed in locations so as not to
interfere with
the normal flow of traffic within the school hallways, walkways, entry ways
and parking lots. Distribution shall not impede entrance to or exit from
school premises in any way.
3. Manner
No one shall induce or coerce a student or staff member to accept a
student
publication.
513 STUDENT PROMOTION, RETENTION, AND PROGRAM DESIGN Adopted:
Aug.23,2005
I. PURPOSE
The purpose of this policy is to provide guidance to professional staff,
parents and students regarding student promotion, retention and program
design.
II. GENERAL STATEMENT OF POLICY
The school board expects all students to achieve at an acceptable level of
proficiency. Parental assistance, tutorial and remedial programs, counseling
and other appropriate services shall be coordinated and utilized to the
greatest extent possible to help students succeed in school.
A. Promotion
Students who achieve at levels deemed acceptable by local and state standards
shall be promoted to the next grade level at the completion of each school
year.
B. Retention
Retention of a student may be considered when professional staff and parents
feel that it is in the best interest of the student. Physical development,
maturity, and emotional factors shall be considered as well as scholastic
achievement. The superintendent’s decision shall be final.
C. Program Design
The superintendent, with participation of the professional staff and parents,
shall develop and implement programs to challenge students that are
consistent
with the needs of students at every level. A procedure for screening and
identifying students for program assignment shall be developed in
coordination
with such programs. Opportunities for special programs and placement outside
of the school district shall also be developed as additional options.
514 BULLYING PROHIBITION POLICY
Adopted: Aug.23,2005
I. PURPOSE
A safe and civil environment is needed for students to learn and attain high
academic standards and to promote healthy human relationships. Bullying,
like
other violent or disruptive behavior, is conduct that interferes with
students’ ability to learn and teachers’ ability to educate students in a
safe
environment. The school district cannot monitor the activities of students
at
all times and eliminate all incidents of bullying between students,
particularly when students are not under the direct supervision of school
personnel. However, to the extent such conduct affects the educational
environment of the school district and the rights and welfare of its students
and is within the control of the school district in its normal operations, it
is the school district’s intent to prevent bullying and to take action to
investigate, respond, remediate, and discipline those acts of bullying which
have not been successfully prevented. The purpose of this policy is to
assist
the school district in its goal of preventing and responding to acts of
bullying, intimidation, violence, and other similar disruptive behavior.
II. GENERAL STATEMENT OF POLICY
A. An act of bullying, by either an individual student or a group of
students,
is expressly prohibited on school district property or at school-related
functions. This policy applies not only to students who directly engage in
an
act of bullying but also to students who, by their indirect behavior, condone
or support another student’s act of bullying. This policy also applies to
any
student whose conduct at any time or in any place constitutes bullying that
interferes with or obstructs the mission or operations of the school district
or the safety or welfare of the student, other students, or employees.
B. No teacher, administrator, volunteer, contractor, or other employee
of the
school district shall permit, condone, or tolerate bullying.
C. Apparent permission or consent by a student being bullied does not
lessen
the prohibitions contained in this policy.
D. Retaliation against a victim, good faith reporter, or a witness of
bullying
is prohibited.
E. False accusations or reports of bullying against another student are
prohibited.
F. A person who engages in an act of bullying, reprisal, or false
reporting of
bullying or permits, condones, or tolerates bullying shall be subject to
discipline for that act in accordance with school district’s policies and
procedures. The school district may take into account the following factors:
1. The developmental and maturity levels of the parties involved;
2. The levels of harm, surrounding circumstances, and nature of the
behavior;
3. Past incidences or past or continuing patterns of behavior;
4. The relationship between the parties involved; and
5. The context in which the alleged incidents occurred.
Consequences for students who commit prohibited acts of bullying may range
from positive behavioral interventions up to and including suspension and/or
expulsion. Consequences for employees who permit, condone, or tolerate
bullying or engage in an act of reprisal or intentional false reporting of
bullying may result in disciplinary action up to and including termination or
discharge. Consequences for other individuals engaging in prohibited acts of
bullying may include, but not be limited to, exclusion from school district
property and events and/or termination of services and/or contracts.
G. The school district will act to investigate all complaints of
bullying and
will discipline or take appropriate action against any student, teacher,
administrator, volunteer, contractor, or other employee of the school
district
who is found to have violated this policy.
III. DEFINITIONS
For purposes of this policy, the definitions included in this section apply.
A. “Bullying” means any written or verbal expression, physical act or
gesture,
or pattern thereof, by a student that is intended to cause or is perceived as
causing distress to one or more students and which substantially interferes
with another student’s or students’ educational benefits, opportunities, or
performance. Bullying includes, but is not limited to, conduct by a student
against another student that a reasonable person under the circumstances
knows
or should know has the effect of:
1. harming a student;
2. damaging a student’s property;
3. placing a student in reasonable fear of harm to his or her person or
property; or
4. creating a hostile educational environment for a student.
B. “Immediately” means as soon as possible but in no event longer than
24 hours.
C. “On school district property or at school-related functions” means
all
school district buildings, school grounds, and school property or property
immediately adjacent to school grounds, school bus stops, school buses,
school
vehicles, school contracted vehicles, or any other vehicles approved for
school district purposes, the area of entrance or departure from school
grounds, premises, or events, and all school-related functions,
school-sponsored activities, events, or trips. School district property also
may mean a student’s walking route to or from school for purposes of
attending
school or school-related functions, activities, or events. While prohibiting
bullying at these locations and events, the school district does not
represent
that it will provide supervision or assume liability at these locations and
events.
IV. REPORTING PROCEDURE
A. Any person who believes he or she has been the victim of bullying or
any
person with knowledge or belief of conduct that may constitute bullying shall
report the alleged acts immediately to an appropriate school district
official
designated by this policy. A student may report bullying anonymously.
However, the school district’s ability to take action against an alleged
perpetrator based solely on an anonymous report may be limited.
B. The school district encourages the reporting party or complainant to
use
the report form available from the principal of each building or available
from the school district office, but oral reports shall be considered
complaints as well.
C. The building principal or the principal’s designee or the building
supervisor is the person responsible for receiving reports of bullying at the
building level. Any person may report bullying directly to a school district
human rights officer or the superintendent.
D. A teacher, school administrator, volunteer, contractor, or other
school
employee shall be particularly alert to possible situations, circumstances,
or
events that might include bullying. Any such person who receives a report
of,
observes, or has other knowledge or belief of conduct that may constitute
bullying shall inform the building principal immediately.
E. Reports of bullying are classified as private educational and/or
personnel
data and/or confidential investigative data and will not be disclosed except
as permitted by law.
F. Submission of a good faith complaint or report of bullying will not
affect
the complainant’s or reporter’s future employment, grades, or work
assignments, or educational or work environment.
G. The school district will respect the privacy of the complainant(s),
the
individual(s) against whom the complaint is filed, and the witnesses as much
as possible, consistent with the school district’s obligation to investigate,
take appropriate action, and comply with any legal disclosure obligations.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a complaint or report of bullying, the school
district
shall undertake or authorize an investigation by school district officials or
a third party designated by the school district.
B. The school district may take immediate steps, at its discretion, to
protect
the complainant, reporter, students, or others pending completion of an
investigation of bullying, consistent with applicable law.
C. Upon completion of the investigation, the school district will take
appropriate action. Such action may include, but is not limited to, warning,
suspension, exclusion, expulsion, transfer, remediation, termination, or
discharge. Disciplinary consequences will be sufficiently severe to try to
deter violations and to appropriately discipline prohibited behavior. School
district action taken for violation of this policy will be consistent with
the
requirements of applicable collective bargaining agreements; applicable
statutory authority, including the Minnesota Pupil Fair Dismissal Act; school
district policies; and regulations.
D. The school district is not authorized to disclose to a victim private
educational or personnel data regarding an alleged perpetrator who is a
student or employee of the school district. School officials will notify the
parent(s) or guardian(s) of students involved in a bullying incident and the
remedial action taken, to the extent permitted by law, based on a confirmed
report.
VI. REPRISAL
The school district will discipline or take appropriate action against any
student, teacher, administrator, volunteer, contractor, or other employee of
the school district who retaliates against any person who makes a good faith
report of alleged bullying or against any person who testifies, assists, or
participates in an investigation, or against any person who testifies,
assists, or participates in a proceeding or hearing relating to such
bullying.
Retaliation includes, but is not limited to, any form of intimidation,
harassment, or intentional disparate treatment.
VII. TRAINING AND EDUCATION
A. The school district annually will provide information and any
applicable
training to staff regarding this policy.
B. The school district annually will provide education and information
to
students regarding bullying, including information regarding this school
district policy prohibiting bullying, the harmful effects of bullying, and
other applicable initiatives to prevent bullying.
C. The administration of the school district is directed to implement
programs
and other initiatives to prevent bullying, to respond to bullying in a manner
that does not stigmatize the victim, and to make resources or referrals to
resources available to victims of bullying.
515 PROTECTION AND PRIVACY OF PUPIL RECORDS
Adopted:
I. PURPOSE
The school district recognizes its responsibility in regard to the
collection,
maintenance and dissemination of pupil records and the protection of the
privacy rights of students as provided in federal law and state statutes.
II. GENERAL STATEMENT OF POLICY
The following procedures and policies regarding the protection and privacy of
parents and students are adopted by the school district, pursuant to the
requirements of 20 U.S.C. §1232g, et seq., (Family Educational Rights and
Privacy Act) 34 C.F.R. Part 99 and consistent with the requirements of the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and Minn. Rules
Parts 1205.0100-1205.2000.
III. DEFINITIONS
A. Dates of Attendance
Date of attendance, as referred to in Directory Information, means the period
of time during which a student attends or attended a school or schools in the
school district. The term does not include specific daily records of a
student’s attendance at a school or schools in the school district.
B. Dependent Student
A “dependent student” is an individual who during each of five (5) calendar
months during the calendar year in which the taxable year of the parent
begins:
1. is a full-time student at an educational institution; or
2. is pursuing a full-time course of instructional on-farm training
under the
supervision of an accredited agent of an educational institution or of a
state
or political subdivision of the state.
C. Directory Information
“Directory information” means information contained in an education record of
a student which would not generally be considered harmful or an invasion of
privacy if disclosed. It includes, but is not limited to: the student’s
name, address, telephone listing, electronic mail address, photograph, date
and place of birth, major field of study, dates of attendance, grade level,
enrollment status (i.e. full-time or part-time), participation in officially
recognized activities and sports, weight and height of members of athletic
teams, degrees, honors and awards received, and the most recent educational
agency or institution attended. It also includes the name, address and
telephone number of the student’s parent(s). Directory information does not
include personally identifiable data which references religion, race, color,
social position or nationality.
D. Education Records
1. What constitutes “education records”. Education records means those
records which: (1) are directly related to a student; and (2) are maintained
by the school district or by a party acting for the school dist
2. What does not constitute an education record. The term “education
records”
does not include:
a. Records of instructional personnel which:
(1) are in the sole possession of the maker of the record; and
(2) are not accessible or revealed to any other individual except a
substitute
teacher; and
(3) are destroyed at the end of the school year.
b. Records of a law enforcement unit of the school district, provided
educational records maintained by the school district are not disclosed to
the
unit,&the law enforcement records are:
(1) maintained separately from education records;
(2) maintained solely for law enforcement purposes; and
(3) disclosed only to law enforcement officials of the same jurisdiction.
c. Records relating to individuals, including a student, who is
employed by
the school dist.which:
(1) are made and maintained in the normal course of business;
(2) relate exclusively to the individual in that individual’s capacity
as an
employee; and
(3) are not available for use for any other purpose.
However, these provisions shall not apply to records relating to an
individual
in attendance at the school district who is employed as a result of his or
her
status as a student.
d. Records relating to an eligible student, or a student attending an
institution of post-secondary education, which are:
(1) made or maintained by a physician, psychiatrist, psychologist or
other
recognized professional or paraprofessional acting in his or her professional
or paraprofessional capacity or assisting in that capacity;
(2) made, maintained, or used only in with the provision of treatment to
the
student; and
(3) disclosed only to individuals providing the treatment; provided that
the
records can be personally reviewed by a physician or other appropriate
professional of the student’s choice. For the purpose of this definition,
“treatment” does not include remedial educational activities or activities
that are a part of the program of instruction within the school district.
e. Records that only contain information about an individual after he
or she
is no longer a student at the school district.
E. Eligible Student
“Eligible student” means a student who has attained eighteen (18) years of
age
or is attending an institution of post-secondary education.
F. Juvenile Justice System
“Juvenile justice system”: criminal justice agencies and the judiciary when
involved in juvenile justice activities.
G. Legitimate Educational Interest
“Legitimate educational interest” includes interest directly related to
classroom instruction, teaching, student achievement and progress, discipline
of a student, student health and welfare, and the ability to respond to a
request for education data. It includes a person’s need to know in order to:
1. Perform an administrative task required in the school or employee’s
contract or position description approved by the school board;
2. Perform a supervisory or instructional task directly related to the
student’s education; or
3. Perform a service or benefit for the student or the student’s family
such
as health care, counseling, student job placement or student financial aid.
4. Perform a task directly related to responding to a request for data.
H. Parent
“Parent” means a parent of a student and includes a natural parent, a
guardian, or an individual acting as a parent of the student in the absence
of
a parent or guardian. The school district may presume the parent has the
authority to exercise the rights provided herein, unless it has been provided
with evidence that there is a state law or court order governing such matters
as marriage dissolution, separation or child custody, or a legally binding
instrument which provides to the contrary.
I. Personally Identifiable
“Personally identifiable” means that the data or information includes, but is
not limited to: (a) a student’s name; (b) the name of the student’s parent
or
other family member; (c) the address of the student or student’s family; (d)
a
personal identifier such as the student’s social security number or student
number; (e) a list of personal characteristics that would make the student’s
identity easily traceable; or (f) other information that would make the
student’s identity easily traceable.
J. Record
“Record” means any information or data recorded in any way including, but not
limited to, handwriting, print, computer media, video or audio tape, film,
microfilm and microfiche.
K. Responsible Authority
“Responsible authority” means [designate title and actual name of individual]
L. Student
“Student” includes any individual who is or has been in attendance, enrolled
or registered at the school district and regarding whom the school district
maintains education records. Student also includes applicants for enrollment
or registration at the school district, and individuals who receive shared
time educational services from the school district.
M. School Official
“School official” includes: (a) a person duly elected to the school board;
(b) a person employed by the school board in an administrative, supervisory,
instructional or other professional position; (c) a person employed by the
school board as a temporary substitute in a professional position for the
period of his or her performance as a substitute; and (d) a person employed
by, or under contract to, the school board to perform a special task such as
a
secretary, a clerk, as public information officer or data practices
compliance
official, an attorney or an auditor for the period of his or her performance
as an employee or contractor.
N. Summary Data
“Summary data” means statistical records and reports derived from data on
individuals but in which individuals are not identified and from which
neither
their identities nor any other characteristic that could uniquely identify
the
individual is ascertainable.
O. Other Terms and Phrases
All other terms& phrases shall be defined in accordance with applicable law
or
ordinary customary usage.
IV. GENERAL CLASSIFICATION
State law provides that all data collected, created, received or maintained
by
a school district are public unless classified by state or federal law as not
public or private or confidential. State law classifies all data on
individuals maintained by a school district which relates to a student as
private data on individuals. This data may not be disclosed to parties other
than the parent or eligible student without consent, except pursuant to a
valid court order, certain state statutes authorizing access, and the
provisions of 20 U.S.C. §1232g and the regulations promulgated thereunder.
V. STATEMENT OF RIGHTS
A. Rights of Parents and Eligible Students
Parents and eligible students have the following rights under this policy:
1. The right to inspect and review the student’s education records;
2. The right to request the amendment of the student’s education
records to
ensure that they are not inaccurate, misleading or otherwise in violation of
the student’s privacy or other rights;
3. The right to consent to disclosures of personally identifiable
information
contained in the student’s education records, except to the extent that such
consent is not required for disclosure pursuant to this policy, state or
federal law, or the regulations promulgated there under;
4. The right to refuse release of students’ names, addresses, & home
telephone
numbers to military recruiting officers;
5. The right to file a complaint with the U.S. Department of Education
concerning alleged failures by the school district to comply with the federal
law and the regulations promulgated there under;
6. The right to be informed about rights under the federal law; and
7. The right to obtain a copy of this policy at the location set forth
in this
policy.
B. Eligible Students
All rights and protections given parents under this policy transfer to the
student when he or she reaches eighteen (18) years of age or enrolls in an
institution of post-secondary education. The student then becomes an
“eligible student.” However, the parents of an eligible student who is also a
“dependent student” are entitled to gain access to the educational records of
such student without first obtaining the consent of the student.
VI. DISCLOSURE OF EDUCATION RECORDS
A. Consent Required for Disclosure
1. The school district shall obtain a signed and dated written consent
of the
parent of a student or the eligible student before disclosing personally
identifiable information from the education records of the student, except as
provided herein.
2. The written consent required by this subdivision must be signed and
dated
by the parent of the student or the eligible student giving the consent and
shall include:
a. a specification of the records to be disclosed;
b. the purpose or purposes of the disclosure;
c. the party or class of parties to whom the disclosure may be made; and
d. if appropriate, a termination date for the consent.
3. When a disclosure is made under this subdivision:
a. if the parent or eligible student so requests, the school district
shall
provide him or her with a copy of the records disclosed; and
b. if the parent of a student who is not an eligible student so
requests, the
school district shall provide the student with a copy of the records
disclosed.
4. A signed and dated written consent may include a record and
signature in
electronic form that:
a. identifies and authenticates a particular person as the source of the
electronic consent; and
b. indicates such person’s approval of the information contained in the
electronic consent.
5. If the responsible authority seeks an individual’s informed consent
to the
release of private data to an insurer or the authorized representative of an
insurer, informed consent shall not be deemed to have been given unless the
statement is:
a. in plain language;
b. dated;
c. specific in designating the particular persons or agencies the data
subject
is authorizing to disclose information about the data subject;
d. specific as to the nature of the information the subject is
authorizing to
be disclosed;
e. specific as to the persons or agencies to whom the subject is
authorizing
information to be disclosed;
f. specific as to the purpose or purposes for which the information may
be
used by any of the parties named in clause e above, both at the time of the
disclosure and at any time in the future;
g. specific as to its expiration date which should be within a
reasonable
time, not to exceed one year except in the case of authorizations given in
connection with applications for (i) life insurance or noncancellable or
guaranteed renewable health insurance and identified as such, two years after
the date of the policy, or (ii) medical assistance under Minn. Stat. Ch. 256B
or Minnesota Care under Minn. Stat. Ch. 256L, which shall be ongoing during
all terms of eligibility, for individualized education program health-related
services provided by a school district that are subject to third party
reimbursement.
6. Eligible Student Consent
Whenever a student has attained eighteen (18) years of age or is attending an
institution of post-secondary education, the rights accorded to and the
consent required of the parent of the student shall thereafter only be
accorded to and required of the eligible student, except as provided in the
STATEMENT OF RIGHTS section of this policy.
B. Prior Consent for Disclosure Not Required
The school district may disclose personally identifiable information from the
education records of a student without the written consent of the parent of
the student or the eligible student unless otherwise provided herein, if the
disclosure is:
1. To other school officials, including teachers, within the school
district
whom the school district determines have a legitimate educational interest in
such records;
2. To officials of other schools or school districts in which the
student
seeks or intends to enroll. The records shall include information about
disciplinary action taken as a result of any incident in which the student
possessed or used a dangerous weapon, and with proper annual notice (See Part
XIX.), suspension and expulsion information pursuant to section 4155 of the
federal No Child Left Behind Act and, if applicable, data regarding a
student’s history of violent behavior. The records also shall include a copy
of any probable cause notice or any disposition or court order under Minn.
Stat. § 260B.171, unless the data are required to be destroyed under Minn.
Stat. § 120A.22, Subd. 7(c) or § 121A.75. On request, the school district
will
provide the parent or eligible student with a copy of the education records
which have been transferred and provide an opportunity for a hearing to
challenge the content of those records in accordance with the request to
amend
records; procedures to challenge data section of this policy;
3. To authorized representatives of the Comptroller General of the
United
States, the Attorney General of the United States, the Secretary of the U.S.
Department of Education, or the Commissioner of the State Department of
Education or his or her representative, subject to the conditions relative to
such disclosure provided under federal law;
4. In connection with financial aid for which a student has applied or
has
received, if the information is necessary for such purposes as to:
a. determine eligibility for the aid;
b. determine the amount of the aid;
c. determine conditions for the aid; or
d. enforce the terms and conditions of the aid.
“Financial aid” for purposes of this provision means a payment of funds
provided to an individual or a payment in kind of tangible or intangible
property to the individual that is conditioned on the individual’s attendance
at an educational agency or institution;
5. To state and local officials or authorities to whom such information
is
specifically allowed to be reported or disclosed pursuant to state statute
adopted
a. before November 19, 1974, if the allowed reporting or disclosure
concerns
the juvenile justice system and such system’s ability to effectively serve
the
student whose records are released; or
b. after November 19, 1974, if the reporting or disclosure allowed by
state
statute concerns the juvenile justice system and the system’s ability to
effectively serve, prior to adjudication, the student whose records are
released, provided the officials and authorities to whom the records are
disclosed certify in writing to the school district that the data will not be
disclosed to any other party, except as provided by state law, without the
prior written consent of the parent of the student. At a minimum, the school
district shall disclose the following information to the juvenile justice
system under this paragraph: a student’s full name, home address, telephone
number, and date of birth; a student’s school schedule, attendance record,
and
photographs, if any; and parents’ names, home addresses, and telephone
numbers;
6. To organizations conducting studies for or on behalf of educational
agencies or institutions for the purpose of developing, validating or
administering predictive tests, administering student aid programs or
improving instruction; provided that the studies are conducted in a manner
which does not permit the personal identification of parents or students by
individuals other than representatives of the organization and the
information
is destroyed when no longer needed for the purposes for which the study was
conducted. For purposes of this provision, the term “organizations”
includes,
but is not limited to, federal, state and local agencies and independent
organizations. In the event the Department of Education determines that a
third party outside of the school district to whom information is disclosed
violates this provision, the school district may not allow that third party
access to personally identifiable information from education records for at
least five years.
7. To accrediting organizations in order to carry out their accrediting
functions;
8. To parents of a dependent student;
9. To comply with a judicial order or lawfully issued subpoena,
provided,
however, that the school district makes a reasonable effort to notify the
parent or eligible student of the order or subpoena in advance of compliance
therewith so that the parent or eligible student may seek protective action,
unless the disclosure is in compliance with a federal grand jury subpoena, or
any other subpoena issued for law enforcement purposes, and the court or
other
issuing agency has ordered that the existence or the contents of the subpoena
or the information furnished in response to the subpoena not be disclosed.
In
addition, if the school district initiates legal action against a parent or
student it may disclose to the court, without a court order or subpoena, the
education records of the student that are relevant for the school district to
proceed with the legal action as plaintiff. Also, if a parent or eligible
student initiates a legal action against the school district, the school
district may disclose to the court, without a court order or subpoena, the
student’s education records that are relevant for the school district to
defend itself.
10. To appropriate parties in connection with an emergency if knowledge
of the
information is necessary to protect the health or safety of the student or
other individuals. In addition, an educational agency or institution may
include in the educational records of a student appropriate information
concerning disciplinary action taken against the student for conduct that
posed a significant risk to the safety or well-being of that student, other
students, or other members of the school community. This information may be
disclosed to teachers and school officials within the school district and/or
teachers and school officials in other schools who have legitimate
educational
interests in the behavior of the student;
11. To the juvenile justice system if information about the behavior of a
student who poses a risk of harm is reasonably necessary to protect the
health
or safety of the student or other individuals;
12. Information the school district has designated as “directory
information”
pursuant to the RELEASE OF DIRECTORY INFORMATION section of this policy;
13. To military recruiting officers pursuant to the MILITARY RECRUITMENT
section of this policy;
14. To the parent of a student who is not an eligible student or to the
student himself or herself;
15. To appropriate health authorities to the extent necessary to
administer
immunization programs and for bona fide epidemiologic investigations which
the
commissioner of health determines are necessary to prevent disease or
disability to individuals in the public educational agency or institution in
which the investigation is being conducted;
16. To volunteers who are determined to have a legitimate educational
interest
in the data and who are conducting activities and events sponsored by or
endorsed by the educational agency or institution for students or former
students; or
17. To the juvenile justice system, on written request that certifies
that the
information will not be disclosed to any other person except as authorized by
law without the written consent of the parent of the student:
a. the following information about a student must be disclosed: a
student’s
full name, home address, telephone number, date of birth; a student’s school
schedule, attendance record, and photographs, if any; and any parents’ names,
home addresses, and telephone numbers;
b. the existence of the following information about a student, not the
actual
data or other information contained in the student’s educational record, may
be disclosed provided that a request for access must be submitted on the
statutory form and it must contain an explanation of why access to the
information is necessary to serve the student: (1) use of a controlled
substance, alcohol, or tobacco; (2) assaultive or threatening conduct that
could result in dismissal from school under the Pupil Fair Dismissal Act; (3)
possession or use of weapons or look-alike weapons; (4) theft; or (5)
vandalism or other damage to property. Prior to releasing this information,
the principal or chief administrative officer of a school who receives such a
request must, to the extent permitted by federal law, notify the student’s
parent or guardian by certified mail of the request to disclose information.
If the student’s parent or guardian notifies the school official of an
objection to the disclosure within ten (10) days of receiving certified
notice, the school official must not disclose the information and instead
must
inform the requesting member of the juvenile justice system of the objection.
If no objection from the parent or guardian is received within fourteen (14)
days, the school official must respond to the request for information.
The written requests of the juvenile justice system member(s), as well as a
record of any release, must be maintained in the student’s file.
18. To the principal where the student attends and to any counselor
directly
supervising or reporting on the behavior or progress of the student if it is
information from a disposition order received by a superintendent under Minn.
Stat. § 260B.171, Subd. 3. The principal must notify the counselor
immediately
and must place the disposition order in the student’s permanent education
record. The principal also must notify immediately any teacher or
administrator who directly supervises or reports on the behavior or progress
of the student whom the principal believes needs the information to work with
the student in an appropriate manner, to avoid being needlessly vulnerable,
or
to protect other persons from needless vulnerability. The principal may also
notify other school district employees, substitutes, and volunteers who are
in
direct contact with the student if the principal determines that these
individual need the information to work with the student in an appropriate
manner, to avoid being needlessly vulnerable, or to protect other persons
from
needless vulnerability. Such notices from the principal must identify the
student, outline the offense, and describe any conditions of probation about
which the school must provide information if this information is provided in
the disposition order. Disposition order information received is private
educational data received for the limited purpose of serving the educational
needs of the student and protecting students and staff. The information may
not be further disseminated by the counselor, teacher, administrator, staff
member, substitute, or volunteer except as necessary to serve the student, to
protect students and staff, or as otherwise required by law, and only to the
student or the student’s parent or guardian.
19. To the principal where the student attends if it is information from
a
peace officer’s record of children received by a superintendent under Minn.
Stat. § 260B.171, Subd. 5. The principal must place the information in the
student’s educational record. The principal also must notify immediately any
teacher, counselor, or administrator directly supervising the student whom
the
principal believes needs the information to work with the student in an
appropriate manner, to avoid being needlessly vulnerable, or to protect other
persons from needless vulnerability. The principal may also notify other
district employees, substitutes, and volunteers who are in direct contact
with
the student if the principal determines that these individuals need the
information to work with the student in an appropriate manner, to avoid being
needlessly vulnerable, or to protect other persons from needless
vulnerability. Such notices from the principal must identify the student and
describe the alleged offense if this information is provided in the peace
officer’s notice. Peace officer’s record information received is private
educational data received for the limited purpose of serving the educational
needs of the student and protecting students and staff. The information must
not be further disseminated by the counselor, teacher administrator, staff
member, substitute, or volunteer except to communicate with the student or
the
student’s parent or guardian as necessary to serve the student, to protect
students and staff, or as otherwise required by law.
The principal must delete the peace officer’s record from the student’s
educational record, destroy the data, and make reasonable efforts to notify
any teacher, counselor, staff member, administrator, substitute, or volunteer
who received information from the peace officer’s record if the county
attorney determines not to proceed with a petition or directs the student
into
a diversion or mediation program or if a juvenile court makes a decision on a
petition and the county attorney or juvenile court notifies the
superintendent
of such action.
VII. RELEASE OF DIRECTORY INFORMATION
A. Classification
Directory information is public except as provided herein.
B. Former Students
Unless a former student affirmatively opted out of the release of directory
information in his or her last year of attendance, the school district may
disclose directory information from the education records generated by it
regarding the former student without meeting the requirements of Paragraph C.
of this section. In addition, under an explicit exclusion from the
definition
of an “education record,” the school district may release records that
contain
information about an individual obtained after he or she is no longer a
student at the school dist.
C. Present Students and Parents
The school district may disclose directory information from the education
records of a student and information regarding parents without prior written
consent of the parent of the student or eligible student, except as provided
herein. Prior to such disclosure the school district shall:
1. Annually give public notice by any means that are reasonably likely
to
inform the parents and eligible students of:
a. the types of personally identifiable information regarding students
and/or
parents that the school district has designated as directory information;
b. the parent’s or eligible student’s right to refuse to let the school
district designate any or all of those types of information about the student
and/or the parent as directory information; and
c. the period of time in which a parent or eligible student has to
notify the
school district in writing that he or she does not want any or all of those
types of information about the student and/or the parent designated as
directory information.
2. Allow a reasonable period of time after such notice has been given
for a
parent or eligible student to inform the school district, in writing, that
any
or all of the information so designated should not be disclosed without the
parent’s or eligible student’s prior written consent, except as provided in
the DISCLOSURE OF EDUCATION RECORDS section of this policy.
D. Procedure for Obtaining Nondisclosure of Directory Information
The parent’s or student’s written notice shall be directed to the responsible
authority & includes the following:
1. Name of the student and/or parent, as appropriate;
2. Home address;
3. School presently attended by student;
4. Parent’s legal relationship to student, if applicable; and
5. Specific categories of directory information to be made not public
without
the parent’s or eligible student’s prior written consent, which shall only be
applicable for that school year.
E. Duration
The designation of any information as directory information about a student
or
parents will remain in effect for the entire school year unless the parent or
eligible student provides the written notifications provided herein.
VIII. DISCLOSURE OF PRIVATE RECORDS
A. Private Records
For the purposes herein, education records are records which are classified
as
private data on individuals by state law and which are accessible only to the
student who is the subject of the data and the student’s parent if the
student
is not an eligible student. The school district may not disclose private
records or their contents except as summary data, or except as provided in
the
DISCLOSURE OF EDUCATION RECORDS section of this policy, without the prior
written consent of the parent or the eligible student.
B. Private Records Not Accessible to Parent
In certain cases state law intends, and clearly provides, that certain
information contained in the education records of the school district
pertaining to a student be accessible to the student alone, and to the parent
only under special circumstances, if at all.
1. The responsible authority may deny access to private data by a
parent when
a minor student who is the subject of that data requests that the responsible
authority deny such access. The minor student’s request must be submitted in
writing setting forth the reasons for denying access to the parent and must
be
signed by the minor. Upon receipt of such request the responsible authority
shall determine if honoring the request to deny the parent access would be in
the best interest of the minor data subject. In making this determination
the
responsible authority shall consider the following factors:
a. whether the minor is of sufficient age and maturity to be able to
explain
the reasons for and understand the consequences of the request to deny
access;
b. whether the personal situation of the minor is such that denying
parental
access may protect the minor data subject from physical or emotional harm;
c. whether there are grounds for believing that the minor data subject’s
reasons for precluding parental access are reasonably accurate;
d. whether the data in question is of such a nature that disclosure of
it to
the parent may lead to physical or emotional harm to the minor data subject;
and
e. whether the data concerns medical, dental or other health services
provided
pursuant to Minn. Stat. §§ 144.341-144.347, in which case the data may be
released only if the failure to inform the parent would seriously jeopardize
the health of the minor.
C. Private Records Not Accessible to Student
Students shall not be entitled to access to private data concerning financial
records and statements of the student’s parent or any information contained
therein.
IX. DISCLOSURE OF CONFIDENTIAL RECORDS
A. Confidential Records
Confidential records are those records and data contained therein which are
made not public by state or federal law, and which are inaccessible to the
student and the student’s parents or to an eligible student.
B. Reports Under the Maltreatment of Minors Reporting Act
Pursuant to Minn. Stat. § 626.556, reports pertaining to a neglected and/or
physically and/or sexually abused child shall be accessible only to the
appropriate welfare and law enforcement agencies. In respect to other
parties, such data shall be confidential and will not be made available to
the
parent or the subject individual by the school district. The subject
individual, however, may obtain a copy of the report from either the local
welfare agency, county sheriff or the local police dept. subject to the
provisions of MN Stat.626.556, Subd. 11.
C. Investigative Data
Data collected by the school district as part of an active investigation
undertaken for the purpose of the commencement or defense of pending civil
legal action, or which are retained in anticipation of a pending civil legal
action are classified as protected nonpublic data in the case of data not on
individuals, and confidential data in the case of data on individuals.
1. The school district may make any data classified as protected non-
public or
confidential pursuant to this subdivision accessible to any person, agency or
the public if the school district determines that such access will aid the
law
enforcement process, promote public health or safety, or dispel widespread
rumor or unrest.
2. A complainant has access to a statement he or she provided to the
school
district.
3. Once a civil investigation becomes inactive, civil investigative data
becomes public unless the release of the data would jeopardize another
pending
civil legal action, except for those portions of such data that are
classified
as not public data under state or federal law. Any civil investigative data
presented as evidence in court or made part of a court record shall be
public.
For purposes of this provision, a civil investigation becomes inactive upon
the occurrence of any of the following events:
a. a decision by the school district, or by the chief attorney for the
school
district, not to pursue the civil legal action. However, such investigation
may subsequently become active if the school district or its attorney decides
to renew the civil legal action;
b. the expiration of the time to file a complaint under the statute of
limitations or agreement applicable to the civil legal action; or
c. the exhaustion or expiration of rights of appeal by either party to
the
civil legal action.
4. A “pending civil legal action” for purposes of this subdivision is
defined
as including, but not limited to, judicial, administrative or arbitration
proceedings.
X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING
At a reasonable time prior to any exclusion or expulsion hearing, the student
and the student’s parent or guardian or representative shall be given access
to all school district records pertaining to the student, including any tests
or reports upon which the action proposed by the school district may be
based,
pursuant to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. § 121A.40,
et seq.
XI. DISCLOSURE OF DATA TO MILITARY RECRUITMENT OFFICERS
A. The School District will release the names, addresses, and home
telephone
numbers of secondary students to military recruiting officers within sixty
(60) days after the date of the request unless a parent or eligible student
has refused in writing to release this data to military recruiters pursuant
to
Paragraph C. below.
B. Data released to military recruiting officers under this provision:
1. may be used only for the purpose of providing information to
students about
military service, state and federal veterans’ benefits, & other career &
educational opportunities provided by the military; and
2. cannot disseminated to any other person except personnel of the
recruiting
services of the armed forces.
C. A parent or eligible student has the right to refuse the release of
the
name, address, or home telephone number to military recruiting officers. To
refuse the release of the above information to military recruiting officers,
a
parent or eligible student must notify the responsible authority, [the
building principal], in writing, by September 1st each year. The written
request must include the following information:
1. Name of student and parent, as appropriate;
2. Home address;
3. Student’s grade level;
4. School presently attended by student;
5. Parent’s legal relationship to student, if applicable;
6. Specific category or categories of information which are not to be
released
to military recruiters; and
7. Specific category or categories of information which are not to be
released
to the public, including military recruiters.
D. Annually, the school district will provide public notice by any
means that
are reasonably likely to inform the parents and eligible students of their
rights to refuse to release the names, addresses, and home phone numbers of
secondary students without prior consent.
E. A parent or eligible student’s refusal to release the above
information to
military recruiting officers does not affect the school district’s release of
directory information to the rest of the public, which includes military
recruiting officers. In order to make any directory information about a
student private, the procedures contained in the RELEASE OF DIRECTORY
INFORMATION section of this policy also must be followed. Accordingly, to
the
extent the school district has designated the name, address, phone number,
and
grade level of students as directory information, absent a request from a
parent or eligible student not to release such data, this information will be
public data & accessible to members of the public, including military
recruiting officers.
XII. LIMITS ON REDISCLOSURE
A. Redisclosure
Consistent with the requirements herein, the school district may only
disclose
personally identifiable information from the education records of a student
on
the condition that the party to whom the information is to be disclosed will
not disclose the information to any other party without the prior written
consent of the parent of the student or the eligible student, except that the
officers, employees and agents of any party receiving personally identifiable
information under this section may use the information, but only for the
purposes for which the disclosure was made.
B. Redisclosure Not Prohibited
1. Subdivision A. of this section does not preclude the school district
from
disclosing personally identifiable information under the DISCLOSURE OF
EDUCATION RECORDS section of this policy with the understanding that the
party
receiving the information may make further disclosures of the information on
behalf of the school district provided:
a. The disclosures meet the requirements of the DISCLOSURE OF EDUCATION
RECORDS section of this policy; and
b. The school district has complied with the record-keeping
requirements of
the RESPONSIBLE AUTHORITY; RECORD SECURITY; AND RECORD KEEPING section of
this
policy.
2. Subdivision A. of this section does not apply to disclosures made
pursuant
to court orders or lawfully issued subpoenas or litigation, to disclosures of
directory information, to disclosures to a parent or student, or to parents
of
dependent students.
C. Classification of Disclosed Data
The information disclosed shall retain the same classification in the hands
of
the party receiving it as it had in the hands of the school district.
D. Notification
The school district shall, except for disclosures made pursuant to court
orders or lawfully issued subpoenas, disclosure of directory information
under
the RELEASE OF DIRECTORY INFORMATION section of this policy, or disclosures
to
a parent or student, the school district shall inform the party to whom a
disclosure is made of the requirements set forth in this section. In the
event that the Family Policy Compliance Office determines that a third party
improperly rediscloses personally identifiable information from education
records, the educational agency or institution may not allow that third party
access to personally identifiable information from education records for at
least five years.
XIII. RESPONSIBLE AUTHORITY, RECORD SECURITY; AND RECORD KEEPING
A. Responsible Authority
The responsible authority shall be responsible for the maintenance and
security of student records.
B. Record Security
The principal of each school subject to the supervision and control of the
responsible authority shall be the records manager of the school, and shall
have the duty of maintaining and securing the privacy and/or confidentiality
of student records.
C. Plan for Securing Student Records
The building principal shall submit to the responsible authority a written
plan for securing students records by September 1 of each school year. The
written plan shall contain the following information:
1. A description of records maintained;
2. Titles and addresses of person(s) responsible for the security of
student
records;
3. Location of student records, by category, in the buildings;
4. Means of securing student records; and
5. Procedures for access and disclosure.
D. Review of Written Plan for Securing Student Records
The responsible authority shall review the plans submitted pursuant to
Paragraph C. of this section for compliance with the law, this policy and the
various administrative policies of the school district. The responsible
authority shall then promulgate a chart incorporating the provisions of
Paragraph C. which shall be attached to and become a part of this policy.
E. Record Keeping
1. The principal shall, for each request for & each disclosure of
personally
identifiable information from the education records of a student, maintain a
record within those records of the student which indicates:
a. the parties who have requested or received personally identifiable
information from the education records of the student; and
b. the legitimate interests these parties had in requesting or
obtaining the
information;
2. In the event the school district discloses personally identifiable
information from an education record of a student pursuant to Paragraph B. of
the LIMITS ON REDISCLOSURE section of this policy, the record of disclosure
required under this section shall also include:
a. the names of the additional parties to which the receiving party may
disclose the information on behalf of the school district; and
b. the legitimate interests under the DISCLOSURE OF EDUCATION RECORDS
section
of this policy which each of the additional parties has in requesting or
obtaining the information.
3. Paragraph (1) of Record Keeping does not apply to requests by or
disclosure
to a parent of a student or an eligible student, disclosures pursuant to the
written consent of a parent of a student or an eligible student, requests by
or disclosures to other school officials under Paragraph B.1 of the
DISCLOSURE
OF EDUCATION RECORDS section of this policy, to requests for disclosures of
directory information under the RELEASE OF DIRECTORY INFORMATION section of
this policy, or to a party seeking or receiving the records as directed by a
Federal grand jury or other law enforcement subpoena and the issuing court or
agency has ordered that the existence or the contents of the subpoena or the
information provided in response to the subpoena not be disclosed.
4. The record of requests of disclosures may be inspected by:
a. the parent of the student or the eligible student;
b. the school official or his or her assistants who are responsible for
the
custody of the records; and
c. the parties authorized by law to audit the record-keeping procedures
of the
school district.
5. The record of requests and disclosures shall be maintained with the
education records of the student as long as the school district maintains the
student’s education records.
XIV. RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS
A. Parent of a Student, an Eligible Student or the Parent of an Eligible
Student Who is Also a Dependent Student
The school district shall permit the parent of a student, an eligible
student
or the parent of an eligible student who is also a dependent student who is
or
has been in attendance in the school district to inspect or review the
education records of the student, except those records which are made
confidential by state or federal law or as otherwise provided in the
DISCLOSURE OF PRIVATE RECORDS section of this policy.
B. Response to Request for Access
The school district shall respond to any request pursuant to Subdivision A.
of
this section immediately, if possible, or within ten (10) days of the date of
the request, excluding Saturdays, Sundays and legal holidays.
C. Right to Inspect and Review
The right to inspect and review education records under Subdivision A. of
this
section includes:
1. The right to a response from the school district to reasonable
requests for
explanations and interpretations of records; and
2. If circumstances effectively prevent the parent or eligible student
from
exercising the right to inspect and review the education records, the school
district shall provide the parent or eligible student with a copy of the
records requested, or make other arrangements for the parent or eligible
student to inspect and review the requested records.
D. Form of Request
Parents or eligible students shall submit to the school district a written
request to inspect education records which identify as precisely as possible
the record or records he or she wishes to inspect.
E. Collection of Student Records
If a student’s education records are maintained in more than one location,
the
responsible authority may collect copies of the records or the records
themselves from the various locations so they may be inspected at one site.
However, if the parent or eligible student wishes to inspect these records
where they are maintained, the school district shall attempt to accommodate
those wishes. The parent or eligible student shall be notified of the time
and place where the records may be inspected.
F. Records Containing Information on More Than One Student
If the education records of a student contain information on more than one
student, the parent or eligible student may inspect and review or be informed
of only the specific information which pertains to that student.
G. Authority to Inspect or Review
The school district may presume that either parent of the student has
authority to inspect or review the education records of a student unless the
school district has been provided with evidence that there is a legally
binding instrument or a state law or court order governing such matters as
marriage dissolution, separation or custody which provides to the contrary.
H. Fees for Copies of Records
1. The school district shall charge a reasonable fee for providing
photocopies
or printed copies of records unless printing a copy is the only method to
provide for the inspection of data. In determining the amount of the
reasonable fee, the school district shall consider the following:
a. the cost of materials, including paper, used to provide the copies;
b. the cost of the labor required to prepare the copies;
c. any schedule of standard copying charges established by the school
district
in its normal course of operations;
d. any special costs necessary to produce such copies from machine based
record-keeping systems, including but not limited to computers and microfilm
systems; and
e. mailing costs.
2. The cost of providing copies shall be borne by the parent or
eligible student.
3. The responsible authority, however, may not impose a fee for a copy
of an
education record made for a parent or eligible student if doing so would
effectively prevent the parent or eligible student from exercising their
right
to inspect or review the student’s education records.
4. The school district reserves the right to make a charge for copies
such as
transcripts it forwards to potential employers or post-secondary institutions
for employment or admissions purposes. The fee for such copies and other
copies forwarded to third parties with prior consent as a convenience will be
from $1 to $10 (actual search/retrieval and copying costs), plus postage if
that is involved.
XV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA
A. Request to Amend Education Records
The parent of a student or an eligible student who believes that information
contained in the education records of the student is inaccurate, misleading
or
violates the privacy or other rights of the student may request that the
school district amend those records.
1. The request shall be in writing, shall identify the item the
requestor
believes to be inaccurate, misleading or in violation of the privacy or other
rights of the student, shall state the reason for this belief, and shall
specify the correction the requestor wishes the school district to make. The
request shall be signed and dated by the requestor.
2. The school district shall decide whether to amend the education
records of
the student in accordance with the request within a reasonable period of time
after receiving the request.
3. If the school district decides to refuse to amend the education
records of
the student in accordance with the request, it shall inform the parent of the
student or the eligible student of the refusal and advise the parent or
eligible student of the right to a hearing under Subdivision B. of this
section.
B. Right to a Hearing
If the school district refuses to amend the education records of a student,
the school district, on request, shall provide an opportunity for a hearing
in
order to challenge the content of the student’s education records to ensure
that information in the education records of the student is not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the
student. A hearing shall be conducted in accordance with Subdivision C. of
this section.
1. If, as a result of the hearing, the school district decides that the
information is inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the student, it shall amend the education records
of the student accordingly and so inform the parent of the student or the
eligible student in writing.
2. If, as a result of the hearing, the school district decides that the
information is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the student, it shall inform the parent or
eligible
student of the right to place a statement in the record commenting on the
contested information in the record or stating the disagreement with the
decision of the school district, or both.
3. Any statement placed in the education records of the student under
Subdivision B. of this section shall:
a. be maintained by the school district as part of the education
records of
the student so long as the record or contested portion thereof is maintained
by the school district; and
b. if the education records of the student or the contested portion
thereof is
disclosed by the school district to any party, the explanation shall also be
disclosed to that party.
C. Conduct of Hearing
1. The hearing shall be held within a reasonable period of time after
the
school district has received the request, and the parent of the student or
the
eligible student shall be given notice of the date, place and time reasonably
in advance of the hearing.
2. The hearing may be conducted by any individual, including an
official of
the school district who does not have a direct interest in the outcome of the
hearing. The school board attorney shall be in attendance to present the
school board’s position and advise the designated hearing officer on legal
and
evidentiary matters.
3. The parent of the student or eligible student shall be afforded a
full and
fair opportunity for hearing to present evidence relative to the issues
raised
under Subdivisions A. and B. of this section and may be assisted or
represented by individuals of their choice at his or her own expense,
including an attorney.
4. The school district shall make a decision in writing within a
reasonable
period of time after the conclusion of the hearing. The decision shall be
based solely on evidence presented at the hearing and shall include a summary
of evidence and reasons for the decision.
D. Appeal
The final decision of the designated hearing officer may be appealed in
accordance with the applicable provisions of the Minn. Stat. Ch. 14 relating
to contested cases.
XVI. PROBLEMS ACCESSING DATA
A. The data practices compliance official is the designated employee to
whom
persons may direct questions or concerns regarding problems in obtaining
access to data or other data practices problems.
B. Data practices compliance official means [designate title and actual
name
of individual].
XVII. COMPLAINTS FOR NONCOMPLIANCE
A. Where to File Complaints
Complaints regarding alleged violations of rights accorded parents and
eligible students by 20 U.S.C. §1232g, and the rules promulgated thereunder,
shall be submitted in writing to the Family Policy Compliance Office, U.S.
Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-
4605.
B. Content of Complaint
A complaint filed pursuant to this section must contain specific allegations
of fact giving reasonable cause to believe that a violation of 20 U.S.C.
§1232g and the rules promulgated there under has occurred.
XVIII. WAIVER
A parent or eligible student may waive any of his or her rights provided
herein pursuant to 20 U.S.C. §1232g. A waiver shall not be valid unless
written & signed by the parent or student. The school dist. may not require
such a waiver.
XIX. ANNUAL NOTIFICATION OF RIGHTS
A. Contents of Notice
The school district shall give parents of students currently in attendance
and
eligible students currently in attendance annual notice by such means as are
reasonably likely to inform the parents and eligible students of the
following:
1. That the parent or eligible student has a right to inspect and
review the
student’s education records and the procedure for inspecting and reviewing
education records;
2. That the parent or eligible student has a right to seek amendment of
the
student’s education records to ensure that those records are not inaccurate,
misleading, or otherwise in violation of the student’s privacy or other
rights
and the procedure for requesting amendment of records;
3. That the parent or eligible student has a right to consent to
disclosures
of personally identifiable information contained in the student’s education
records, except to the extent that federal and state law and the regulations
promulgated thereunder authorize disclosure without consent;
4. That the parent or eligible student has a right to file a complaint
with
the U.S. Department of Education regarding an alleged failure by the school
district to comply with the requirements of 20 U.S.C. §1232g, and the rules
promulgated thereunder;
5. The criteria for determining who constitutes a school official and
what
constitutes a legitimate educational interest for purposes of disclosing
education records to other school officials whom the school district has
determined to have legitimate educational interests; and
6. That the school district forwards education records on request to a
school
in which a student seeks or intends to enroll including suspension and
expulsion records pursuant to the federal No Child Left Behind Act and, if
applicable, a student’s history of violent behavior.
B. Notification to Parents of Students Having a Primary Home Language
Other
Than English
The school district shall provide for the need to effectively notify parents
of students identified as having a primary or home language other than
English.
C. Notification to Parents or Eligible Students Who are Disabled
The school district shall provide for the need to effectively notify parents
or students identified as disabled.
XX. DESTRUCTION AND RETENTION OF RECORDS
Destruction and retention of records by the school district shall be
controlled by state and federal law.
XXI. COPIES OF POLICY
Copies of this policy may be obtained by parents and eligible students at the
office of the Superintendent.
516 STUDENT MEDICATION
Adopted:
I. PURPOSE
The purpose of this policy is to set forth the provisions that must be
followed when administering nonemergency prescription medication to students
at school.
II. GENERAL STATEMENT OF POLICY
The school district acknowledges that some students may require prescribed
drugs or medication during the school day. The school district’s licensed
school nurse, trained health clerk, principal, or teacher will administer
prescribed medications in accordance with law and school district procedures.
III. REQUIREMENTS
A. The administration of prescription medication or drugs at school
requires a
completed signed request from the student’s parent. An oral request must be
reduced to writing within two school days, provided that the school district
may rely on an oral request until a written request is received.
B. An “Administrating Prescription Medications” form must be completed
annually (once per school year) and/or when a change in the prescription or
requirements for administration occurs.
C. Prescription medication must come to school in the original container
labeled for the student by a pharmacist in accordance with law, and must be
administered in a manner consistent with the instructions on the label.
D. The school nurse may request to receive further information about the
prescription, if needed, prior to administration of the substance.
E. Prescription medications are not to be carried by the student, but
will be
left with the appropriate school district personnel. Exceptions to this
requirement are: prescription asthma medications self-administered with an
inhaler (See Part J.5. below), and medications administered as noted in a
written agreement between the school district and the parent or as specified
in an IEP (individualized education program), Section 504 plan, or IHP
(individual health plan).
F. The school must be notified immediately by the parent or student 18
years
old or older in writing of any change in the student’s prescription
medication
administration. A new medical authorization or container label with new
pharmacy instructions shall be required immediately as well.
G. For drugs or medicine used by children with a disability,
administration
may be as provided in the IEP, Section 504 plan or IHP.
H. The school nurse, or other designated person, shall be responsible
for the
filing of the Administering Prescription Medications form in the health
records section of the student file. The school nurse, or other designated
person, shall be responsible for providing a copy of such form to the
principal and to other personnel designated to administer the medication.
I. Procedures for administration of drugs and medicine at school and
school
activities shall be developed in consultation with a school nurse, a licensed
school nurse, or a public or private health organization or other appropriate
party (if appropriately contracted by the school district under Minn. Stat. §
121A.21). The school district administration shall submit these procedures
and any additional guidelines and procedures necessary to implement this
policy to the school board for approval. Upon approval by the school board,
such guidelines and procedures shall be an addendum to this policy.
J. Specific Exceptions:
1. Special health treatments and health functions such as
catheterization,
tracheostomy suctioning, and gastrostomy feedings do not constitute
administration of drugs and medicine;
2. Emergency health procedures, including emergency administration of
drugs
and medicine are not subject to this policy;
3. Drugs or medicine provided or administered by a public health agency
to
prevent or control an illness or a disease outbreak are not governed by this
policy;
4. Drugs or medicines used at school in connection with services for
which a
minor may give effective consent are not governed by this policy;
5. Drugs or medicines that are prescription asthma or reactive airway
disease
medications can be self-administered by a student with an asthma inhaler if:
a. the school district has received a written authorization from the
pupil’s
parent permitting the student to self-administer the medication;
b. the inhaler is properly labeled for that student; and
c. the parent has not requested school personnel to administer the
medication
to the student.
The parent must submit written authorization for the student to
self-administer the medication each school year. In a school that does not
have a school nurse or school nursing services, the student’s parent or
guardian must submit written verification from the prescribing professional
which documents that an assessment of the student’s knowledge and skills to
safely possess and use an asthma inhaler in a school setting has been
completed.
If the School District employs a school nurse or provides school nursing
services under another arrangement, the school nurse or other appropriate
party must assess the student’s knowledge and skills to safely possess and
use
an asthma inhaler in a school setting and enter into the student’s school
health record a plan to implement safe possession and use of asthma inhalers;
6. Medications:
a. that are used off school grounds;
b. that are used in connection with athletics or extracurricular
activities; or
c. that are used in connection with activities that occur before or
after the
regular school day
are not governed by this policy.
7. Nonprescription Medication. Only prescription medications are
governed by
this policy.
8. Prescription nonsyringe injectors of epinephrine, consistent with
state
law, if the parent and prescribing medical professional annually inform the
pupil’s school in writing that:
a. the pupil may possess the epinephrine; or
b. the pupil is unable to possess the epinephrine and requires immediate
access to nonsyringe injectors of epinephrine that the parent provides,
properly labeled, to the school for the pupil as needed.
K. “Parent” for students 18 years old or older is the student.
517 STUDENT RECRUITING
Adopted:
I. PURPOSE
The purpose of this policy is to prevent school district employees from
exerting undue influence for purposes of securing or retaining the attendance
of a student in a school.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to encourage
employees to make
available to all interested people information regarding the school district,
its schools, programs, policies, and procedures. The purpose of such
activity
is to assist in the process of fully informed decision making regarding
school
enrollment and to enhance the visibility and image of the school district.
B. At the same time, the school district recognizes that the
scope of such
activity is limited by statutory authority and bylaws of the Minnesota State
High School League. Accordingly, it shall be a violation of this policy for
employees to exert undue influence for purposes of securing or retaining the
attendance of a student in a school or to compete with another school
district
for the enrollment of students
C. Employees are prohibited from encouraging others to engage
in such conduct
on behalf of the school dist.
III. DEFINITION
A. The terms “undue influence” or “competing for enrollment”
shall include
initiating any oral or written contact with a student from another school
district who participates in a school-sponsored sport or activity which
solicits the student’s transfer to participate in a sport or activity.
B. The terms shall also include the awarding of tuition,
allowance for board
and/or room, allowance for transportation, priority in assignments of jobs,
cash or gifts in any form, or any other privilege or consideration if not
similarly available to all students.
IV. PROCEDURES
A. The school board shall adopt, by resolution, specific
standards for
acceptance and rejection of applications for open enrollment. Standards may
include the capacity of a program, class, school building, or the statutory
limits to nonresident enrollment in a particular grade level, or whether the
student is currently expelled for (1) possessing a dangerous weapon, as
defined under federal law, at a school or school function; (2) possession or
using an illegal drug at school or at a school function; (3) selling or
soliciting the sale of a controlled substance while at school or a school
function; or committing a first, second or third degree assault as described
in state law. Standards for acceptance and rejection of open-enrollment
applications are subject to the Graduation Incentives Program and may not
include previous academic achievement, athletic or other extracurricular
ability, disabling conditions, proficiency in the English language, previous
disciplinary proceedings, or the student’s district of residence.
B. Employees who violate the provisions of the policy shall be subject
to
disciplinary action as appropriate. Any such disciplinary action shall be
made pursuant to and in accordance with applicable statutory authority,
collective bargaining agreements, school district policies, and the bylaws of
the Minnesota High School League, as applicable.
518 DNR-DNI ORDERS
Adopted:
I. PURPOSE
The school district recognizes that it is serving students with complex
health
needs. The school district also recognizes that school district staff may be
confronted with requests to withhold emergency care of a student in the event
of a life threatening situation at school or school activities or be
presented
with Do Not Resuscitate/Do Not Intubate (DNR-DNI) orders. The purpose of
this
policy is to provide guidance to school dist. staff and parents or guardians
in these situations.
II. GENERAL STATEMENT OF POLICY
A. The primary mission of the school district is education. DNR-DNI
Orders
are medical documents. School district staff will not accept or honor
requests to withhold emergency care or DNR-DNI orders. The school district
will not convey such orders to emergency medical personnel.
B. School district staff will provide reasonable emergency care and
assistance
when a student is undergoing a medical emergency during school or school
activities.
C. School district staff will activate emergency medical services (911)
as
soon as possible when a student is undergoing a medical emergency during
school or school activities.
D. The parent/guardian will be notified of the emergency as soon as
possible.
E. Notwithstanding this school district policy, IEP and Section 504
teams must
develop individualized medical emergency care plans for students when
appropriate in accordance with state and federal law
F. Parents/guardians who request that emergency care be withheld for
their
child or who present DNR-DNI Orders, shall be advised of and shall be given a
copy of this policy.
519 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES
Adopted:
I. PURPOSE
There are occasions in which persons other than school district officials and
employees find it necessary to speak with a student during the school day.
Student safety and disruption of the educational program is of concern to the
school district. The purpose of this policy is to establish the procedures
for access to students by authorized individuals during the school day.
II. GENERAL STATEMENT OF POLICY
A. Generally, students may not be interviewed during the school day by
persons
other than a student’s parents, school district officials, employees and/or
agents, except as otherwise provided by law and/or this policy.
B. Requests from law enforcement officers and those other than a
student’s
parents, school district
officials, employees and/or agents to interview students shall be made
through
the principal’s office. Upon receiving a request, it shall be the
responsibility of the principal to determine whether the request will be
granted. Prior to granting a request, the principal shall attempt to contact
the student’s parents to inform them of the request, except where otherwise
prohibited by law.
III. INTERVIEWS CONDUCTED UNDER THE MALTREATMENT OF MINORS ACT
A. In the case of an investigation pursuant to the Maltreatment of
Minors Act,
Minn. Stat. §
626.556, Subd. 10, a local welfare agency, the agency responsible for
investigating the report, and a local law enforcement agency may interview,
without parental consent, an alleged victim and any minors who currently
reside with or who have resided with the alleged perpetrator. The interview
may take place at school and during school hours. School district officials
will work with the local welfare agency, the agency responsible for
investigating the report, or law enforcement agency to select a place
appropriate for the interview. The interview may take place outside the
presence of the perpetrator or parent, legal custodian, guardian, or school
district official.
B. If the interview took place or is to take place on school district
property, an order of the
juvenile court pursuant to Minn. Stat. § 626.556, Subd. 10 (c) may specify
that school district officials may not disclose to the parent, legal
custodian, or guardian the contents of the notification of intent to
interview
the child on school district property and/or any other related information
regarding the interview that may be a part of the child’s record. The school
district official must receive a copy of the order from the local welfare or
law enforcement agency.
C. When the local welfare agency, local law enforcement agency, or
agency
responsible for investigating a report of maltreatment determines that an
interview should take place on school district property, school district
officials must receive written notification of intent to interview the child
on school district property prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the
interview,
and a reference to the statutory authority to conduct an interview on school
district property. Where the interviews are conducted by the local welfare
agency, the notification must be signed by the chair of the local social
services agency or the chair’s designee. The notification is private
educational data on the student. School district officials may not disclose
to the parent, legal custodian or guardian the contents of the notification
or
any other related information regarding the interview until notified in
writing by the local welfare or law enforcement agency that the investigation
or assessment has been concluded, unless a school employee or agent is
alleged
to have maltreated the child. Until school district officials receive said
notification, all inquiries regarding the nature of the investigation or
assessment should be directed to the local welfare or law enforcement agency
or the agency responsible for assessing or investigating a report of
maltreatment shall be solely responsible for any disclosures regarding the
nature of the assessment or investigation.
D. School district officials shall have discretion to
reasonably schedule the
time, place, and manner of an interview by a local welfare or local law
enforcement agency on school district premises. However, where the alleged
perpetrator is believed to be a school district official or employee, the
local welfare or local law enforcement agency will have discretion to
determine where the interview will be held. The interview must be conducted
not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school district
officials and the local welfare or law enforcement agency. However, school
district officials must yield to the discretion of the local welfare or law
enforcement agency concerning other persons in attendance at the interview.
School district officials will make every effort to reduce the disruption to
the educational program of the child, other students, or school staff when an
interview is conducted on school district premises.
E. Students shall not be taken from school district property without the
consent of the principal and without proper warrant.
520 STUDENT SURVEYS
I. PURPOSE
Occasionally the school district utilizes surveys to obtain student opinions
and information about students. The purpose of this policy is to establish
the parameters of information that may be sought in student surveys.
II. GENERAL STATEMENT OF POLICY
Student surveys may be conducted as determined necessary by the school
district. Surveys, analyses and evaluations conducted as part of any program
funded through the U.S. Dept. of Education must comply with 20 U.S.C. §
1232h.
III. STUDENT SURVEYS IN GENERAL
A. Student surveys will be conducted anonymously and in an indiscernible
fashion. No mechanism will be used for identifying the participating student
in any way. No attempt will be made in any way to identify a student survey
participant. There will be no requirement that the student return the
survey,
and no record of the student’s returning a survey will be maintained.
B. The superintendent may choose not to approve any survey that seeks
probing
personal and/or sensitive information that could result in identifying the
survey participant, or is discriminatory in nature based on age, race, color,
sex, disability, religion, or national origin.
C. Surveys containing questions pertaining to the student’s or the
student’s
parent(s) or guardian(s) personal beliefs or practices in sex, family life,
morality and religion will not be administered to any student unless the
parent or guardian of the student is notified in writing that such survey is
to be administered and the parent or guardian of the student gives written
permission for the student to participate or the opportunity to opt out of
the
survey depending upon how the survey is funded. All documents containing the
written permission of a parent for a student survey participation will be
maintained by the school dist. in a file separate from the survey responses.
D. Although the survey is conducted anonymously, potential exists for
personally identifiable information to be provided in response thereto. To
the extent that personally identifiable information of a student is contained
in his or her responses to a survey, the school district will take
appropriate
steps to ensure the data is protected in accordance with Minn. Stat. Ch. 13
(Minnesota Government Data Practices Act), 20 U.S.C. § 1232g (Family
Educational Rights and Privacy Act) and 34 C.F.R. Part 99.
IV. STUDENT SURVEYS CONDUCTED AS PART OF DEPARTMENT OF EDUCATION PROGRAM
A. All instructional materials, including teacher’s manuals, films,
tapes, or
other supplementary material which will be used in connection with any
survey,
analysis, or evaluation as part of any program funded in whole or in part by
the U.S. Dept.of Education, shall be available for inspection by the parents
or guardians of the students
B. No student shall be required, as part of any program funded in whole
or in
part by the U.S. Department of Education, without the prior consent of the
student (if the student is an adult or emancipated minor), or in the case of
an unemancipated minor, without the prior written consent of the parent, to
submit to a survey that reveals information concerning:
1. political affiliations or beliefs of the student or the student’s
parent;
2. mental and psychological problems of the student or the student’s
family;
3. sex behavior or attitudes;
4. illegal, antisocial, self-incriminating, or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have
close
family relationships;
6. legally recognized privileged or analogous relationships, such as
lawyers,
physicians, and ministers;
7. religious practices, affiliations, or beliefs of the student or the
student’s parent; or
8. income (other than that required by law to determine eligibility for
participation in a program or for receiving financial assistance under such
program).
C. A school district that receives funds under any program funded by
the U.S.
Department of Education shall develop local policies consistent with Sections
IV.A. and IV.B., above, concerning student privacy, parental access to
information, and administration of certain physical examinations to minors.
1. The following policies are to be adopted in consultation with
parents:
a. The right of a parent to inspect, on request, a survey, including an
evaluation, created by a third party before the survey is administered or
distributed by a school to a student, including procedures for granting a
parent’s request for reasonable access to such survey within a reasonable
period of time after the request is received.
“Parent” means a legal guardian or other person acting in loco parentis (in
place of a parent), such as a grandparent or stepparent with whom the child
lives, or a person who is legally responsible for the welfare of the child.
b. Arrangements to protect student privacy in the event of the
administration
or distribution of a survey, including an evaluation, to a student which
contains one or more of the items listed in Sec. IV.B.,above, include the
right of a student’s parents to inspect, on request, any such survey.
c. The right of a parent of a student to inspect, on request, any
instructional material used as part of the educational curriculum for the
student and procedures for granting a request by a parent for such access
within a reasonable period of time after the request is received.
“Instructional material” means instructional content that is provided to a
student, regardless of format, including printed or representational
materials, audio-visual materials, and materials in electronic or digital
formats (i.e., materials accessible through the Internet). The term does not
include academic tests or academic assessments.
d. The administration of physical examinations or screenings that the
school
district may administer to a student. This provision does not apply to a
survey administered to a student in accordance with the Individuals with
Disabilities Education Act (20 U.S.C. § 1400, et seq.).
e. The collection, disclosure, or use of personal information collected
from
students for the purpose of marketing or for selling that information (or
otherwise providing the information to others for that purpose), including
arrangements to protect student privacy that are provided by the school
district in the event of such collection, disclosure, or use.
(1) “Personal information” means individually identifiable information
including a student or parent’s first and last name; a home or other physical
address (including street name and city name); a telephone no.; or a Social
Security identification no.
(2) This provision does not apply to the collection, disclosure, or use
of
personal information collected from students for the exclusive purpose of
developing, evaluating, or providing educational products or services for, or
to, students or educational institutions, such as:
(a) college or other postsecondary education recruitment or military;
(b) book clubs, magazines, & programs providing low cost literary
products;
(c) curriculum and instructional materials used by elem. and secondary
schools;
(d) tests and assessments used by elementary schools and secondary
schools to
provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement
information about students, or to generate other statistically useful data
for
the purpose of securing such tests and assessments and the subsequent
analysis
and public release of the aggregate data from such tests and assessments;
(e) the sale by students of products or services to raise funds for
school-related or education-related activities; and
(f) student recognition programs.
(3) The right of a parent to inspect, on request, any instrument used in
the
collection of information, as described in Section IV.C.1., Subparagraph e.,
above, before the instrument is administered or distributed to a student and
procedures for granting a request by a parent for reasonable access to such
an
instrument within a reasonable period of time after the request is received.
2. The policies adopted under Section IV.C., Subparagraph 1., above,
shall
provide for reasonable notice of the adoption or continued use of such
policies directly to parents of students enrolled in or served by the school
district.
a. The notice will be provided at least annually, at the beginning of
the
school year, and within a reasonable period of time after any substantive
change in a policy.
b. Parents will be given an opportunity to opt out of participation in
the
following activities:
(1) Activities involving the collection, disclosure, or use of personal
information collected from students for the purpose of marketing or for
selling that information, or otherwise providing that information to others
for that purpose.
(2) The administration of any third-party survey (non-Department of
Education
funded) containing one or more of the items contained in Section IV.B.,
above.
(3) Any nonemergency, invasive physical examination or screening that is
required as a condition of attendance, administered by the school and
scheduled by the school in advance, and not necessary to protect the
immediate
health and safety of the student or other students.
“Invasive physical examination” means any medical exam that involves the
exposure of private body parts, or act during such examination that includes
incision, insertion, or injection into the body, but does not include a
hearing, vision, or scoliosis screening.
c. The notice will advise students of the specific or approximate dates
during
the school year when the activities in Sec. IV.C.2., Subp. b., above, are
scheduled, or expected to be scheduled.
d. The notice provisions shall not be construed to preempt applicable
provisions of state law that require parental notification and do not apply
to
any physical examination or screening that is permitted or required by
applicable state law, including physical examinations or screenings that are
permitted without parental notification.
D. The school district shall give parents and students notice of their
rights
under this section.
521 STUDENT DISABILITY NONDISCRIMINATION
Adopted:
I. PURPOSE
The purpose of this policy is to protect disabled students from
discrimination
on the basis of disability and to identify and evaluate learners who, within
the intent of Section 504 of the Rehabilitation Act of 1973, need special
services, accommodations, or programs in order that such learners may receive
a free appropriate public education.
II. GENERAL STATEMENT OF POLICY
A. Disabled students are protected from discrimination on the
basis of a
disability.
B It is the responsibility of the school district to identify
and evaluate
learners who, within the intent of Section 504 of the Rehabilitation Act of
1973, need special services, accommodations, or programs in order that such
learners may receive a free appropriate public education.
C. For this policy, a learner who is protected under Section 504 is one
who:
1. has a physical or mental impairment that
substantially limits 1 or more
major life activities, including learning; or
2. has a record of such impairment; or
3. is regarded as having such impairment.
D. Learners may be protected from disability discrimination and
be eligible
for services, accommodations, or programs under the provisions of Section 504
even though they are not eligible for special education pursuant to the
Individuals with Disabilities Education Act.
III. COORDINATOR
Persons who have questions, comments, or complaints should contact the high
school counselor regarding grievances or hearing requests regarding
disability issues. This person is the school district’s ADA/504 Coordinator.
522 STUDENT SEX NONDISCRIMINATION
I. PURPOSE
Students are protected from discrimination on the basis of sex pursuant to
Title IX of the Education Amendments of 1972 and the Minnesota Human Rights
Act. The purpose of this policy is to provide equal educational opportunity
for all students and to prohibit discrimination on the basis of sex.
II. GENERAL STATEMENT OF POLICY
A. The school district provides equal educational opportunity for all
students, and does not unlawfully discriminate on the basis of sex. No
student will be excluded from participation in, denied the benefits of, or
otherwise subjected to discrimination under any ed. program or activity
operated by the school dist. on the basis of sex.
B. It is the responsibility of every school district employee to comply
with
this policy.
C. The school board hereby designates Activities Director, 307 1st
Street,
Canby,MN 56220 507-223-2002as its Title IX coordinator. This employee
coordinates the school district’s efforts to comply with and carry out its
responsibilities under Title IX.
D. Any student, parent or guardian having questions regarding the
application
of Title IX and its regulations and/or this policy should discuss them with
the Title IX coordinator. Questions relating solely to Title IX and its
regulations may be referred to the Assistant Secretary for Civil Rights of
the
United States Department of Education. In the absence of a specific designee,
an inquiry or complaint should be referred to the superintendent or the
school
district human rights officer.
III. REPORTING GRIEVANCE PROCEDURES
A. Any student who believes he or she has been the victim of unlawful
sex
discrimination by a teacher, administrator or other school district
personnel,
or any person with knowledge or belief of conduct which may constitute
unlawful sex discrimination toward a student should report the alleged acts
immediately to an appropriate school district official designated by this
policy or may file a grievance. The school district encourages the reporting
party or complainant to use the report form available from the principal of
each building or available from the school district office, but oral reports
shall be considered complaints as well. Nothing in this policy shall prevent
any person from reporting unlawful sex discrimination toward a student
directly to a school district human rights officer or to the superintendent.
B. In Each School Building. The building principal is the person
responsible
for receiving oral or written reports or grievances of unlawful sex
discrimination toward a student at the building level. Any adult school
district personnel who receives a report of unlawful sex discrimination
toward
a student shall inform the building principal immediately.
C. Upon receipt of a report or grievance, the principal must notify the
school
district human rights officer immediately, without screening or investigating
the report. The principal may request, but may not insist upon a written
complaint. A written statement of the facts alleged will be forwarded as
soon
as practicable by the principal to the human rights officer. If the report
was given verbally, the principal shall personally reduce it to written form
within 24 hours and forward it to the human rights officer. Failure to
forward any report or complaint of unlawful sex discrimination toward a
student as provided herein may result in disciplinary action against the
principal. If the complaint involves the building principal, the complaint
shall be made or filed directly with the superintendent or the school
district
human rights officer by the reporting party or complainant.
D. The school board hereby designates Canby Superintendent, 307 1st
Street,
Canby,MN 56220, 507-223-2001 as the school district human rights officer(s)
to
receive reports, complaints or grievances of unlawful sex discrimination
toward a student. If the complaint involves a human rights officer, the
complaint shall be filed directly with the superintendent.
E. The school district shall conspicuously post the name of the Title IX
coordinator and human rights officer(s), including office mailing addresses
and telephone numbers.
F. Submission of a good faith complaint, grievance or report of
unlawful sex
discrimination toward a student will not affect the complainant or reporter’s
future employment, grades or work assignments.
G. Use of formal reporting forms is not mandatory.
H. The school district will respect the privacy of the complainant, the
individual(s) against whom the complaint is filed, and the witnesses as much
as possible, consistent with the school district’s legal obligations to
investigate, to take appropriate action, and to conform with any discovery or
disclosure obligations.
IV. INVESTIGATION
A. By authority of the school district, the human rights officer, upon
receipt
of a report, complaint or grievance alleging unlawful sex discrimination
toward a student shall promptly undertake or authorize an investigation. The
investigation may be conducted by school district officials or by a third
party designated by the school dist.
B. The investigation may consist of personal interviews with the
complainant,
the individual(s) against whom the complaint is filed,& others who may have
knowledge of the alleged incident(s) or circumstances giving rise to the
complaint. The investigator may also use any methods & documents deemed
pertinent.
C. In determining whether alleged conduct constitutes a violation of
this
policy, the school district should consider the surrounding circumstances,
the
nature of the behavior, past incidents or past or continuing patterns of
behavior, the relationships between the parties involved and the context in
which the alleged incidents occurred. Whether a particular action or
incident
constitutes a violation of this policy requires a determination based on all
the facts and surrounding circumstances.
D. In addition, the school district may take immediate steps, at its
discretion, to protect the complainant, pupils, teachers, administrators or
other school personnel pending completion of an investigation of alleged
unlawful sex discrimination toward a student.
E. The investigation will be completed as soon as practicable. The
school
district human rights officer shall make a written report to the
superintendent upon completion of the investigation. If the complaint
involves the superintendent, the report may be filed directly with the school
board. The report shall include a determination of whether the allegations
have been substantiated as factual & whether they appear to be violations of
policy.
V. SCHOOL DISTRICT ACTION
A. Upon conclusion of the investigation and receipt of a report, the
school
district will take appropriate action. Such action may include, but is not
limited to, warning, suspension, exclusion, expulsion, transfer, remediation,
termination or discharge. School district action taken for violation of this
policy will be consistent with requirements of applicable collective
bargaining agreements, Minnesota & federal law & school dist. policies.
B. The result of the school district’s investigation of each complaint
filed
under these procedures will be reported in writing to the complainant by the
school dist. in accordance with state & federal law regarding data privacy.
VI. REPRISAL
The school district will discipline or take appropriate action against any
pupil, teacher, administrator or other school personnel who retaliates
against
any person who reports alleged unlawful sex discrimination toward a student
or
any person who testifies, assists or participates in an investigation, or who
testifies, assists or participates in a proceeding or hearing relating to
such
unlawful sex discrimination. Retaliation includes, but is not limited to, any
form of intimidation, reprisal or harassment.
VII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other
avenues of recourse which may include filing charges with the Minnesota
Department of Human Rights, initiating civil action or seeking redress under
state criminal statutes and/or federal law, or contacting the Office of Civil
Rights for the United States Department of Education.
VIII. DISSEMINATION OF POLICY AND EVALUATION
A. This policy shall be made available to all students,
parents/guardians of
students, staff members, employee unions and organizations.
B. The school district shall review this policy and the school
district’s
operation for compliance with state and federal laws prohibiting
discrimination on a continuous basis.
524 INTERNET ACCEPTABLE USE AND SAFETY POLICY
Adopted:
I. PURPOSE
The purpose of this policy is to set forth policies and guidelines for access
to the school district computer system and acceptable and safe use of the
Internet, including electronic communications.
II. GENERAL STATEMENT OF POLICY
In making decisions regarding student and employee access to the school
district computer system and the Internet, including electronic
communications, the school district considers its own stated educational
mission, goals, and objectives. Electronic information research skills are
now fundamental to preparation of citizens and future employees. Access to
the school district computer system and to the Internet enables students and
employees to explore thousands of libraries, databases, bulletin boards, and
other resources while exchanging messages with people around the world. The
school district expects that faculty will blend thoughtful use of the school
district computer system and the Internet throughout the curriculum and will
provide guidance and instruction to students in their use.
III. LIMITED EDUCATIONAL PURPOSE
The school district is providing students and employees with access to the
school district computer system, which includes Internet access. The purpose
of the system is more specific than providing students and employees with
general access to the Internet. The school district system has a limited
educational purpose, which includes use of the system for classroom
activities, educational research, and professional or career development
activities. Users are expected to use Internet access through the district
system to further educational and personal goals consistent with the mission
of the school district and school policies. Uses which might be acceptable on
a user’s private personal account on another system may not be acceptable on
this limited-purpose network.
IV. USE OF SYSTEM IS A PRIVILEGE
The use of the school district system and access to use of the Internet is a
privilege, not a right. Depending on the nature and degree of the violation
and the number of previous violations, unacceptable use of the school
district
system or the Internet may result in one or more of the following
consequences: suspension or cancellation of use or access privileges;
payments for damages and repairs; discipline under other appropriate school
district policies, including suspension, expulsion, exclusion or termination
of employment; or civil or criminal liability under other applicable laws.
V. UNACCEPTABLE USES
A. The following uses of the school district system and Internet
resources or
accounts are considered unacceptable:
1. Users will not use the school district system to access, review,
upload,
download, store, print, post, receive, transmit or distribute:
a. pornographic, obscene, sexually explicit material &visual depictions
that
are harmful to minors;
b. obscene, abusive, profane, lewd, vulgar, rude, inflammatory,
threatening,
disrespectful, or sexually explicit language;
c. materials that use language or images that are inappropriate in the
education setting or disruptive to the educational process;
d. information or materials that could cause damage or danger of
disruption to
the ed. process;
e. materials that use language or images that advocate violence or
discrimination toward other people (hate literature) or that may constitute
harassment or discrimination.
2. Users will not use the school district system to knowingly or
recklessly
post, transmit or distribute false or defamatory information about a person
or
organization, or to harass another person, or to engage in personal attacks,
including prejudicial or discriminatory attacks.
3. Users will not use the school district system to engage in any
illegal act
or violate any local, state or federal statute or law.
4. Users will not use the school district system to vandalize, damage or
disable the property of another person or organization, will not make
deliberate attempts to degrade or disrupt equipment, software or system
performance by spreading computer viruses or by any other means, will not
tamper with, modify or change the school district system software, hardware
or
wiring or take any action to violate the school district’s security system,
and will not use the school district system in such a way as to disrupt the
use of the system by other users.
5. Users will not use the school district system to gain unauthorized
access
to information resources or to access another person’s materials, information
or files without the permission of that person.
6. Users will not use the school district system to post private
information
about another person, personal contact information about themselves or other
persons, or other personally identifiable information, including, but not
limited to, addresses, telephone numbers, school addresses, work addresses,
identification numbers, account numbers, access codes or passwords, labeled
photographs or other information that would make the individual’s identity
easily traceable, and will not repost a message that was sent to the user
privately without permission of the person who sent the message.
7. Users must keep all account information and passwords on file with
the
designated school district official. Users will not attempt to gain
unauthorized access to the school district system or any other system through
the school district system, attempt to log in through another person’s
account, or use computer accounts, access codes or network identification
other than those assigned to the user. Messages and records on the school
district system may not be encrypted without the permission of appropriate
school authorities.
8. Users will not use the school district system to violate copyright
laws or
usage licensing agreements, or otherwise to use another person’s property
without the person’s prior approval or proper citation, including the
downloading or exchanging of pirated software or copying software to or from
any school computer, and will not plagiarize works they find on the Internet.
9. Users will not use the school district system for conducting
business, for
unauthorized commercial purposes or for financial gain unrelated to the
mission of the school district. Users will not use the school district system
to offer or provide goods or services or for product advertisement. Users
will not use the school district system to purchase goods or services for
personal use without authorization from the appropriate school district
official.
B. If a user inadvertently accesses unacceptable materials or an
unacceptable
Internet site, the user shall immediately disclose the inadvertent access to
an appropriate school district official. In the case of a school district
employee, the immediate disclosure shall be to the employee’s immediate
supervisor and/or the building administrator. This disclosure may serve as a
defense against an allegation that the user has intentionally violated this
policy. In certain rare instances, a user also may access otherwise
unacceptable materials if necessary to complete an assignment and if done
with
the prior approval of and with appropriate guidance from the appropriate
teacher or, in the case of a school district employee, the building
administrator.
VI. FILTER
A. With respect to any of its computers with Internet access, the School
District will monitor the online activities of minors and employ technology
protection measures during any use of such computers by minors and adults.
The technology protection measures utilized will block or filter Internet
access to any visual depictions that are:
1. Obscene;
2. Child pornography; or
3. Harmful to minors.
B. The term “harmful to minors” means any picture, image, graphic image
file,
or other visual depiction that:
1. Taken as a whole & with respect to minors, appeals to a prurient
interest
in nudity, sex, or excretion; or
2. Depicts, describes, or represents, in a patently offensive way with
respect
to what is suitable for minors, an actual or simulated sexual act or sexual
contact, actual or simulated normal or perverted sexual acts, or a lewd
exhibition of the genitals; and
3. Taken as a whole, lacks serious literary, artistic, political, or
scientific value as to minors.
C. An administrator, supervisor or other person authorized by the
Superintendent may disable the technology protection measure, during use by
an
adult, to enable access for bona fide research or other lawful purposes.
VII. CONSISTENCY WITH OTHER SCHOOL POLICIES
Use of the school district computer system and use of the Internet shall be
consistent with school district policies and the mission of the school
district.
VIII. LIMITED EXPECTATION OF PRIVACY
A. By authorizing use of the school district system, the school
district does
not relinquish control over materials on the system or contained in files on
the system. Users should expect only limited privacy in the contents of
personal files on the school district system.
B. Routine maintenance and monitoring of the school district system may
lead
to a discovery that a user has violated this policy, another school district
policy, or the law.
C. An individual investigation or search will be conducted if school
authorities have a reasonable suspicion that the search will uncover a
violation of law or school district policy.
D. Parents have the right at any time to investigate or review the
contents of
their child’s files and e-mail files. Parents have the right to request the
termination of their child’s individual account at any time.
E. School district employees should be aware that the school district
retains
the right at any time to investigate or review the contents of their files
and
e-mail files. In addition, school district employees should be aware that
data and other materials in files maintained on the school district system
may
be subject to review, disclosure or discovery under Minn. Stat. Ch. 13 ( the
Minnesota Government Data Practices Act).
F. The school district will cooperate fully with local, state and
federal
authorities in any investigation concerning or related to any illegal
activities or activities not in compliance with school district policies
conducted through the school district system.
IX. INTERNET USE AGREEMENT
A. The proper use of the Internet, and the educational value to be
gained from
proper Internet use, is the joint responsibility of students, parents and
employees of the school district.
B. This policy requires the permission of and supervision by the
school’s
designated professional staff before a student may use a school account or
resource to access the Internet.
C. The Internet Use Agreement form for students must be read and signed
by the
user, the parent or guardian, and the supervising teacher. The Internet Use
Agreement form for employees must be signed by the employee. The form must
then be filed at the school office. As supervising teachers change, the
agreement signed by the new teacher shall be attached to the original
agreement.
X. LIMITATION ON SCHOOL DISTRICT LIABILITY
Use of the school district system is at the user’s own risk. The system is
provided on an “as is, as available” basis. The school district will not be
responsible for any damage users may suffer, including, but not limited to,
loss, damage or unavailability of data stored on school district diskettes,
tapes, hard drives or servers, or for delays or changes in or interruptions
of
service or misdeliveries or nondeliveries of information or materials,
regardless of the cause. The school district is not responsible for the
accuracy or quality of any advice or information obtained through or stored
on
the school district system. The school district will not be responsible for
financial obligations arising through unauthorized use of the school district
system or the Internet.
XI. USER NOTIFICATION
A. All users shall be notified of the school district policies relating
to
Internet use.
B. This notification shall include the following:
1. Notification that Internet use is subject to compliance with school
district policies.
2. Disclaimers limiting the school district’s liability relative to:
a. Information stored on school district diskettes, hard drives or
servers.
b. Information retrieved through school district computers, networks or
online
resources.
c. Personal property used to access school district computers, networks
or
online resources.
d. Unauthorized financial obligations resulting from use of school
district
resources/accounts to access the Internet.
3. A description of the privacy rights and limitations of school
sponsored/managed Internet accounts.
4. Notification that, even though the school district may use technical
means
to limit student Internet access, these limits do not provide a foolproof
means for enforcing the provisions of this policy.
5. Notification that goods and services can be purchased over the
Internet
that could potentially result in unwanted financial obligations and that any
financial obligation incurred by a student through the Internet is the sole
responsibility of the student and/or the student’s parents.
6. Notification that the collection, creation, reception, maintenance
and
dissemination of data via the Internet, including electronic communications,
is governed by Policy 406, Public and Private Personnel Data, and Policy 515,
Protection and Privacy of Pupil Records.
7. Notification that, should the user violate the school district’s
acceptable
use policy, the user’s access privileges may be revoked, school disciplinary
action may be taken &/or legal action may be taken.
8. Notification that all provisions of the acceptable use policy are
subordinate to local, state &federal laws.
XII. PARENTS’ RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE
A. Outside of school, parents bear responsibility for the same guidance
of
Internet use as they exercise with information sources such as television,
telephones, radio, movies and other possibly offensive media. Parents are
responsible for monitoring their student’s use of the school district system
and of the Internet if the student is accessing the school district system
from home or a remote location.
B. Parents will be notified that their students will be using school
district
resources/accounts to access the Internet and that the school district will
provide parents the option to request alternative activities not requiring
Internet access. This notification should include:
1. A copy of the user notification form provided to the student user.
2. A description of parent/guardian responsibilities.
3. A notification that the parents have the option to request
alternative
educational activities not requiring Internet access and the material to
exercise this option.
4. A statement that the Internet Use Agreement must be signed by the
user, the
parent or guardian, and the supervising teacher prior to use by the student.
5. A statement that the school district’s acceptable use policy is
available
for parental review.
XIII. IMPLEMENTATION; POLICY REVIEW
A. The school district administration may develop appropriate user
notification forms, guidelines and procedures necessary to implement this
policy for submission to the school board for approval. Upon approval by the
school board, such guidelines, forms and procedures shall be an addendum to
this policy.
B. The administration shall revise the user notifications, including
student
and parent notifications, if necessary, to reflect the adoption of these
guidelines and procedures.
C. The school district Internet policies and procedures are available
for
review by all parents, guardians, staff and members of the community.
D. Because of the rapid changes in the development of the
Internet,
the school board shall conduct an annual review
525 VIOLENCE PREVENTION - [APPLICABLE TO STUDENTS AND
STAFF]
I. PURPOSE
The purpose of this policy is to recognize that violence has increased and to
identify measures that the school district will take in an attempt to
maintain
a learning and working environment that is free from violent and disruptive
behavior.
The school board is committed to promoting healthy human relationships and
learning environments that are physically and psychologically safe for all
members of the school community. It further believes that students are the
first priority and they should be protected from physical or emotional harm
during school activities, and on school grounds, buses or field trips while
under school district supervision.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to strictly enforce
its weapons
policy (Policy 501).
B. It is the policy of the school district to act promptly in
investigating
all acts, or formal or informal complaints, of violence and take appropriate
disciplinary action against any student or staff member who is found to have
violated this policy or any related policy.
C. The administration will periodically review discipline
policies and
procedures, prepare revisions if necessary, and submit them to the school
board for review and adoption.
D. The school district will implement approved violence
prevention strategies
to promote safe and secure learning environments, to diminish violence in our
schools, and to aid in the protection of children whose health or welfare may
be jeopardized through acts of violence.
III. IMPLEMENTATION OF POLICY
A. The school board will review and approve policies to prevent
and address
violence in our schools. The superintendent or designee will develop
procedures to effectively implement the school weapons and violence
prevention
policies. It shall be incumbent on all students and staff to observe all
policies and report violations to the school administration.
B. The school board and administration will inform staff and
students
annually of policies and procedures related to violence prevention and
weapons.
C. The school district will act promptly to investigate all
acts and formal
and informal complaints of violence and take appropriate disciplinary action
against any student or staff member who is found to have violated this policy
or any related policy.
D. The consequences set forth in the school weapons policy
(Policy 501) will
be imposed upon any student or nonstudent who possesses, uses or distributes
a
weapon when in a school location.
E. The consequences set forth in the school hazing policy
(Policy 526) will
be imposed upon any student or staff member who commits an act against a
student or staff member; or coerces a student or staff member into committing
an act, that creates a substantial risk of harm to a person in order for the
student or staff member to be initiated into or affiliated with an
organization, or for any other purpose.
F. Students with disabilities may be expelled for behavior
unrelated to their
disabilities, subject to the procedural safeguards required by the
Individuals
with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act
of 1973, and the Pupil Fair Dismissal Act.
G. Procedures will be developed for the referral of any person
in violation
of this policy or the weapons policy to the local law enforcement agency in
accordance with Minn. Stat. § 121A.05.
H. Students who wear objectionable emblems, signs, words,
objects, or
pictures on clothing communicating a message that is racist, sexist, or
otherwise derogatory to a protected minority group or which connotes gang
membership or that approves, advances, or provokes any form of religious,
racial or sexual harassment or violence against other individuals as defined
in the Harassment and Violence policy (Policy 413) will be subject to the
procedures set forth in the Student Dress and Appearance policy (Policy 504).
“Gang” as used in this policy means any ongoing organization, association or
group of three or more persons, whether formal or informal, having as one of
its primary activities, the commission of one or more criminal acts, which
has
an identifiable name or identifying sign or symbol, and whose members
individually or collectively engage in or whose members engaged in a pattern
of criminal gang activity. A “pattern of gang activity” means the commission,
attempt to commit, conspiring to commit, or solicitation of two or more
criminal acts, provided the criminal acts were committed on separate dates or
by two or more persons who are members of or belong to the same criminal
street gang.
I. This policy is not intended to abridge the rights of
students to express
political, religious, philosophical, or similar opinions by wearing apparel
on
which such messages are stated. Such messages are acceptable as long as they
are not lewd, vulgar, obscene, defamatory, profane, denote gang affiliation,
advocate harassment or violence against others, disrupt the education
process,
or cause others to react in a violent or illegal manner.
IV. PREVENTION STRATEGIES
The school district has adopted and will implement the following prevention
strategies to promote safe and secure learning environments, to diminish
violence in our schools, and to aid in the protection of children whose
health
or welfare may be jeopardized through acts of violence.
A. Adopt a district crisis management policy to address
potential violent
crisis situations in the district.
B. Provide training in recognition, prevention to safe
responses to
violence,& develops a positive school climate.
C. Coordinate a local school security review committee or task
force
comprised of school officials, law enforcement, parents, students and other
youth service providers to advise on policy implementation.
D. In-service training for personnel in aspects of reporting,
visibility and
supervision as deterrents to violence.
E. Promote student safety responsibility by encouraging the
reporting of
suspicious individuals and unusual activities on school grounds.
F. Establish a curriculum committee that explores ways of
teaching students
violence prevention strategies, law-related education and character/ values
education (universal values, e.g. honesty, personal responsibility,
self-discipline, cooperation and respect for others.)
G. Establish clear school rules that prevent and deter violence.
H. Require all visitors to check-in the main office upon their arrival
and
state their business at the school. A visitor badge may be issued for easy
identification that the visitor is authorized to be present in the school
building.
V. STUDENT SUPPORT
A. Students will have access to school-based student service
professionals,
when available, including counselors, nurses, social workers, and
psychologists who are knowledgeable in methods to assist students with
violence prevention and intervention.
B. Students will be apprised of school board policies designed
to protect
their personal safety.
C. Students will be provided with information as to school
dist. and building
rules regarding weapons and violence.
D. Students will be informed of resources for violence
prevention and proper
reporting.
VI. PERSONNEL
A. School district personnel shall comply with the school
weapons policy
(501) and the school hazing policy (526).
B. School district personnel shall be knowledgeable of violence
prevention
policies and report any violation to school administration immediately.
School district personnel will be informed annually as to school district and
building rules regarding weapons and violence prevention.
C. School district personnel or agents of the school district shall not
engage
in emotionally abusive acts including malicious shouting, ridicule, and/or
threats or other forms of corporal punishment. (Policy 507).
526 HAZING PROHIBITION
I. PURPOSE
The purpose of this policy is to maintain a safe learning environment for
students and staff that is free from hazing. Hazing activities of any type
are inconsistent with the educational goals of the school dist. & are
prohibited at all times.
II. GENERAL STATEMENT OF POLICY
A. No student, teacher, administrator, volunteer, contractor or other
employee
of the school district shall plan, direct, encourage, aid or engage in
hazing.
B. No teacher, administrator, volunteer, contractor or other employee
of the
school dist. shall permit, condone or tolerate hazing.
C. Apparent permission or consent by a person being hazed does not
lessen the
prohibitions in this policy.
D. This policy applies to behavior that occurs on or off school
property and
during and after school hours.
E. A person who engages in an act that violates school policy or law in
order
to be initiated into or affiliated with a student organization shall be
subject to discipline for that act.
F. The school district will act to investigate all complaints of
hazing and
will discipline or take appropriate action against any student, teacher,
administrator, volunteer, contractor or other employee of the school district
who is found to have violated this policy.
III. DEFINITIONS
A. “Hazing” means committing an act against a student, or coercing a
student
into committing an act, that creates a substantial risk of harm to a person,
in order for the student to be initiated into or affiliated with a student
organization, or for any other purpose. The term hazing includes, but is not
limited to:
1. Any type of physical brutality such as whipping, beating, striking,
branding, electronic shocking or placing a harmful substance on the body.
2. Any type of physical activity such as sleep deprivation, exposure to
weather, confinement in a restricted area, calisthenics or other activity
that
subjects the student to an unreasonable risk of harm or that adversely
affects
the mental or physical health or safety of the student.
3. Any activity involving the consumption of any alcoholic beverage,
drug,
tobacco product or any other food, liquid, or substance that subjects the
student to an unreasonable risk of harm or that adversely affects the mental
or physical health or safety of the student.
4. Any activity that intimidates or threatens the student with
ostracism, that
subjects a student to extreme mental stress, embarrassment, shame or
humiliation, that adversely affects the mental health or dignity of the
student or discourages the student from remaining in school.
5. Any activity that causes or requires the student to perform a task
that
involves violation of state or federal law or of school district policies or
regulations.
B. “Student organization” means a group, club or organization having
students
as its primary members or participants. It includes grade levels, classes,
teams, activities or particular school events. A student organization does
not have to be an official school organization to come within the terms of
this definition.
IV. REPORTING PROCEDURES
A. Any person who believes he or she has been the victim of hazing or
any
person with knowledge or belief of conduct which may constitute hazing shall
report the alleged acts immediately to an appropriate school district
official
designated by this policy.
B. The building principal is the person responsible for receiving
reports of
hazing at the building level. Any person may report hazing directly to a
school district human rights officer or to the superintendent.
C. Teachers, administrators, volunteers, contractors and other
employees of
the school district shall be particularly alert to possible situations,
circumstances or events which might include hazing. Any such person who
receives a report of, observes, or has other knowledge or belief of conduct
which may constitute hazing shall inform the building principal immediately.
D. Submission of a good faith complaint or report of hazing will not
affect
the complainant or reporter’s future employment, grades or work assignments.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a complaint or report of hazing, the school district
shall
undertake or authorize an investigation by school district officials or a
third party designated by the school district.
B. The school district may take immediate steps, at its discretion, to
protect
the complainant, reporter, students, or others pending completion of an
investigation of hazing.
C. Upon completion of the investigation, the school district will take
appropriate action. Such action may include, but is not limited to, warning,
suspension, exclusion, expulsion, transfer, remediation, termination or
discharge. Disciplinary consequences will be sufficiently severe to deter
violations and to appropriately discipline prohibited behavior. School
district action taken for violation of this policy will be consistent with
the
requirements of applicable collective bargaining agreements, applicable
statutory authority, including the Minnesota Pupil Fair Dismissal Act, school
district policies and regulations.
VI. REPRISAL
The school district will discipline or take appropriate action against any
student, teacher, administrator, volunteer, contractor or other employee of
the school district who retaliates against any person who makes a good faith
report of alleged hazing or against any person who testifies, assists, or
participates in an investigation, or against any person who testifies,
assists
or participates in a proceeding or hearing relating to such hazing.
Retaliation includes, but is not limited to, any form of intimidation,
reprisal or harassment.
VII. DISSEMINATION OF POLICY
This policy shall appear in each school’s student handbook and in each
school’s Building and Staff handbooks.
527 STUDENT USE AND PARKING OF MOTOR VEHICLES; PATROLS, INSPECTIONS AND
SEARCHES
I. PURPOSE
The purpose of this policy is to provide guidelines for use and parking of
motor vehicles by students in school district locations, to maintain order
and
discipline in the schools & to protect the health, safety & welfare of
students & staff.
II. GENERAL STATEMENT OF POLICY
It is the policy of this school district to allow the limited use and parking
of motor vehicles by students in school district locations. It is the
position of the school district that a fair and equitable district-wide
student motor vehicle policy will contribute to the quality of the student’s
educational experience, will maintain order and discipline in the schools,
and
will protect the health, safety &welfare of students &school staff. This
policy applies to all students in the school dist.
III. DEFINITIONS
A. “Contraband” means any unauthorized item possession of which
is prohibited
by school district policy and/or law. It includes but is not limited to
weapons and “look-alikes,” alcoholic beverages, controlled substances and
“look-alikes,” overdue books and other materials belonging to the school
district, and stolen property.
B. “Reasonable suspicion” means that a school official has
grounds to believe
that the search will result in evidence of a violation of school district
policy, rules, and/or law. Reasonable suspicion may be based on a school
official’s personal observation, a report from a student, parent or staff
member, a student’s suspicious behavior, a student’s age and past history or
record of conduct both in and out of the school context, or other reliable
sources of information.
C. “Reasonable scope” means that the scope and/or intrusiveness of the
search
is reasonably related to the objectives of the search. Factors to consider
in
determining what is reasonable include the seriousness of the suspected
infraction, the reliability of the information, the necessity of acting
without delay, the existence of exigent circumstances necessitating an
immediate search and further investi 
