THREE FORKS SCHOOL DISTRICT
3000 SERIES
STUDENTS
TABLE OF CONTENTS
3110 Entrance, Placement, and Transfer
3120 Compulsory Attendance
3122 Attendance Policy
3125 Education of Homeless Children
3141 Discretionary Nonresident Student Attendance Policy
3145 Foreign Exchange Students
3150 Part-Time Attendance
3200 Student Rights and Responsibilities
3210 Equal Education, Nondiscrimination and Sex Equity
3215 Uniform Grievance Procedure
3221 Student Publications
3222 Distribution and Posting of Materials
3224 Student Dress
3225 Sexual Harassment/Intimidation of Students
3225F Harassment Reporting Form for Students
3226 Hazing/Harassment/Intimidation/Bullying/Menacing
3231 - 3231P Searches and Seizure
3233 Student Use of Buildings: Equal Access
3235 Video Surveillance
3300 - 3300P Corrective Actions and Punishment
3310 Student Discipline
3310P Discipline of Students with Disabilities
3312 Detention
3340 Extra- and Co-Curricular Chemical Use Policy
3350 Extracurricular Activities Drug-Testing Program
3410 Student Health/Physical Screenings/Examinations
3413 Student Immunization
3416 Administering Medicines to Students
3417 Communicable Diseases
3431 Emergency Treatment
3520 Student Fees, Fines, and Charges
3530 Student Fund-Raising Activities
3535 Distribution of Fund Drive Literature Through Students
3600 - 3600P Student Records
3606 Transfer of Student Records
3606F Records Certification
3608 Receipt of Confidential Records
3612 District-Provided Access to Electronic Information, Services, and Networks
3612P Acceptable Use of Electronic Networks
3612F Internet Access Conduct Agreement
3110
Entrance, Placement, and Transfer
Entrance, Date and Age
No pupil may be enrolled in kindergarten or first grade, whose fifth (5th) or sixth (6th) birthday does not occur on or before the tenth (10th) day of September of the school year in which the child registers to enter school. A student who meets the six-(6)-years-old requirement, but who has not completed a kindergarten program, will be tested and placed at the discretion of the administration. A birth certificate and an immunization record are required for admission to the District. The District will not assign or admit any child who has reached his/her nineteenth (19th) birthday on or prior to September 10th of the year in which the child is to enroll.
School Entrance
1. The District requires that a child's parents, legal guardian, or legal custodian present to the school, within forty (40) days of enrollment, proof of identity of the child (birth certification or certified transcript).
2. In accordance with the Montana Immunization Law, a student will not be admitted who has not been immunized against diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (except that pertussis vaccination is not required for persons seven [7] years or older). If the student qualifies for conditional attendance or an exemption is filed as defined by Montana law, immunization may not be required.
Placement
The goal of the District shall be to place students at levels and in settings that will enhance the probability of student success. Developmental testing, together with other relevant criteria, including, but not limited to, health, maturity, emotional stability, and developmental disabilities, may be considered in the placement of all students. Final disposition of all placement decisions rests with the principal, subject to review by the Superintendent and the Board.
Transfer
District policies regulating pupil enrollment from other accredited elementary and secondary schools are designed to protect the educational welfare of the child and of other children enrolled in the District.
Elementary Grades (K-8): Any student transferring into the District will be admitted and placed on a probationary basis for a period of two (2) weeks.
Should any doubt exist with teacher and/or principal as to grade and level placement of the student, the student shall be subject to an educational assessment to determine appropriate grade and level placement.
During the two-(2)-week probationary period, the student will be subject to observation by the teacher and building principal.
Secondary Grades (9-12), Credit Transfer: Requests for transfer of credits from any secondary school shall be subject to a satisfactory examination of the following:
1. Appropriate certificates of accreditation.
2. Length of course, school day, and school year.
3. Content of applicable courses.
4. The school facility as it relates to credit earned (i.e., lab areas for appropriate science or vocational instruction).
5. An appropriate evaluation of student performance leading toward credit issuance.
6. Final approval of transfer credits will be determined by the high school principal, subject to review upon approval by the Superintendent and the Board.
Montana Accreditation Rules and Standard, in accordance with local alternate procedures for earning credit, shall be applied to all credit transfer reviews.
Legal Reference: § 20-5-101, MCA Admittance of child to school
§ 20-5-403, MCA Immunization required release and acceptance of immunization records
§ 20-5-404, MCA Conditional attendance
§ 20-5-405, MCA Medical or religious exemption
§ 20-5-406, MCA Immunization record
10.55.601 et seq., ARM
Policy History:
Adopted on: April 13, 2004
Revised on:
3120
Compulsory Attendance
Parents are responsible for seeing that their children of age seven (7) or older prior to the first day of school, attend school until the later of the following dates:
1. The child's sixteenth (16th) birthday;
2. The date of completion of the work of the eighth (8th) grade.
Parents shall enroll the student unless the student is:
1. Provided with supervised correspondence or home study;
2. Excused because of a determination by a district judge that attendance is not in the best interests of the child;
3. Enrolled in a non-public or home school;
4. Enrolled in a school of another district or state under the tuition provisions of this title;
5. Excused by the Board upon a determination that such attendance by a child who has attained the age of sixteen (16) is not in the best interests of the child and the school.
Legal Reference: § 20-5-101, MCA Admittance of child to school
§ 20-5-103, MCA Compulsory attendance and excuses
§ 20-5-104, MCA Attendance officer
§ 20-5-108, MCA Tribal agreement with district for Indian child compulsory attendance and other agreements
Policy History:
Adopted on: April 13, 2004
Revised on:
3122
Attendance Policy
The entire process of education requires a regular continuity of instruction, classroom participation, learning experiences, and study in order to reach the goal of maximum educational benefits for each individual child. The regular contact of the students with one another in the classroom and their participation in instructional activities under the tutelage of a competent teacher are vital to this purpose. This is an established principle of education, which underlies and gives purpose to the requirement of compulsory schooling in this and every other state in the nation. The good things that schools have to offer can only be presented to students who are in attendance. With continued emphasis regarding Excellence in Education, all parties involved in attendance can better strive for quality in the classroom. Attendance reflects a student's dependability and is a significant factor on the student's permanent record. Future employers are as much concerned about punctuality and dependability as they are about academic record. School success, scholarship, and job opportunity are greatly affected by a good attendance record.
Student handbooks shall contain specific information regarding attendance requirements.
Policy History:
Adopted on: April 13, 2004
Revised on:
3125
Education of Homeless Children
Each child of a homeless individual and each homeless child has equal access to the same free, appropriate public education as provided to other students. The trustees must assign and admit a child who is homeless to a school in the District regardless of residence and irrespective of whether the homeless child is able to produce records normally required for enrollment. The trustees may not require an out-of-District attendance agreement and tuition for a homeless child.
The Superintendent or designee shall review and revise rules or procedures that may act as barriers to the enrollment of homeless children and youths. In reviewing and revising such procedures, consideration shall be given to issues concerning transportation, immunization, residence, birth certificates, school records, and other documentation.
Homeless students shall have access to services comparable to services offered to other students, including but not limited to:
1. Transportation services;
2. Educational services for which the student meets eligibility criteria (e.g., Title I);
3. Educational programs for children with disabilities and limited English proficiency;
4. Programs in vocational and technical education, as well as programs for gifted and talented students; and
5. School nutrition program.
The Superintendent or designee shall give special attention to ensuring the enrollment and attendance of homeless children and youths not currently attending school. The Superintendent shall appoint a liaison for homeless children.
A "homeless child" is defined as provided in the McKinney Homeless Assistance Act.
A complaint regarding the placement or education of a homeless child shall first be presented orally and informally to the District's homeless liaison/coordinator. Thereafter a written complaint must be filed in accordance with the District's Uniform Grievance Procedure.
Note: This policy is required for a district receiving federal funds under Title I.
Cross Reference: 3215 Uniform Grievance Procedure
Legal Reference: 42 U.S.C. § 11431, et seq. McKinney Homeless Assistance Act
§ 20-5-101, MCA Admittance of child to school
Policy History:
Adopted on: April 13, 2004
Revised on:
3141
Discretionary Nonresident Student Attendance Policy
Except as otherwise provided by law, admission to the District as a nonresident student is a privilege. The Board, recognizing that an educational requirement of its resident students includes the need for an orderly educational process and environment, free from disruption, overcrowding, and any kind of violence or disruptive influences, hereby establishes criteria on the discretionary admission of nonresident students:
1. Except as provided by law, admission to the District as a nonresident student is a privilege, unless required by § 20-5-321, MCA. As such, the District will screen all discretionary nonresident students and only consider those who meet the criteria set forth in this policy.
2. The Superintendent is hereby given the authority to recommend to the Board any student's admission in accordance with this policy. The Board shall make the final decision on admission.
3. All students whose legal residence is outside the District and who do not qualify for mandatory attendance will be denied enrollment, with the following exceptions:
A. Foreign exchange students, per existing District policy;
B. Children in the immediate family of nonresident District employees;
C. Students residing outside the District provided they:
are in good standing with the most recently attended school, in terms of academics, conduct, and attendance;
are able to demonstrate a record free of truancy;
are able to demonstrate a clean behavior record in the school last attended for a period of at least one (1) year;
have passing grades in the school previously attended;
have correctly completed the nonresident student application process; and
present no other educationally related detriment to the students of the District.
4. The Board will not admit any student prior to viewing that student's records from the student's previous school districts.
5. The District has the option of accepting a nonresident student who does not meet the criteria set forth herein, if the student agrees to special conditions of admission, as set forth by the District.
6. Every student who attends the District as a nonresident student must re-apply for
admission by June 15. Admission in one school year does not imply or guarantee admission in subsequent years.
7. The District will not admit nonresident students, when to do so would require the hiring of additional staff, the provision of educational services not currently provided in the
school, or the crowding of existing classes.
8. All resident students who become nonresidents due to a move from the District by their parents/guardians may continue attendance for the semester, barring registration in another District. At the completion of the semester, the student must apply as a non-resident student.
9. The Board reserves the right to charge tuition for nonresident students. The Board may, in its discretion, charge or waive tuition for all students whose tuition is required to be paid by one type of entity. An "entity" is defined as either: (1) the parent/guardian; or (2) a school district. Any waiver of tuition must be applied equally to all students whose tuition is paid by the same type of entity (i.e., if the District charges students tuition in those circumstances where the resident district pays, but waives tuition in those circumstances where the parent/guardian is responsible for tuition, the tuition waiver shall be applicable to all students whose parents/guardians bear the responsibility for payment).
10. All nonresident students will be considered ineligible transportees for school transportation services (20-10-101, MCA).
11. The Board may declare an emergency which, in its opinion, necessitates the removal of all nonresident students from the schools.
Legal Reference: § 20-5-314, MCA Reciprocal attendance agreement with adjoining state or province
§ 20-5-320, MCA Attendance with discretionary approval
§ 20-5-321, MCA Attendance with mandatory approval tuition and transportation
§ 20-5-322, MCA Residency determination notification appeal for attendance agreement
§ 20-5-323, MCA Tuition and transportation rates
10.10.301B, ARM Out-of-District Attendance Agreements
Policy History:
Adopted on: April 13, 2004
Revised on:
3145
Foreign Exchange Students
It is the policy of the Board to recognize the benefits from non-immigrant students in the District. The Board does not, however, sponsor student foreign exchange programs. The District does not provide any financial contribution to the student. The Board assumes no responsibility or control over items such as travel, living accommodations, funding, insurance, etc., which remain the responsibility of the sponsor and/or student.
J-1 visa holders (students sponsored by an approved foreign exchange organization) are eligible to attend either elementary or secondary school. Any sponsoring organization must have a local representative, be a nonprofit organization, and be approved by the Council on Standards for International Education Travel. F-1 visa holders (individual foreign students sponsored by relatives or friends) may not attend the District.
Legal Reference: 20 U.S.C. 221, et seq.
Policy History:
Adopted on: April 13, 2004
Revised on:
3150
Part-Time Attendance
Non-disabled students eligible to enroll in grades K-8 will not be accepted for part-time enrollment in the District schools. Students in grades 9-12 requesting part-time enrollment will be reviewed on a case-by-case basis. The final decision lies with the principal. Only those students who are not enrolled in any other school, including a home school, will be considered.
The criteria for acceptance of non-disabled part-time students grades 9-12 include:
1. Acceptance of a student shall not create an excess student enrollment in the requested class;
2. Acceptance of a student shall not create need for an additional staff member;
3. Acceptance of a student shall not cause the creation of a new section of the requested class;
4. Regular full-time students shall have first priority on any available space.
When a number of part-time students have requested admission into the same class, they will be accepted on a first-come basis as long as feasible within the criteria. In the event the class enrollment position of a part-time student is needed for a regular full-time student during the course of the year, the full-time student will have priority for the position beginning with the next semester after the need is identified. Students with disabilities residing in the District, who are attending private or home schools, will be accepted in accordance with state and federal statutes and regulations.
Legal Reference: § 20-9-311(a), MCA Calculation of average number belonging (ANB)
Policy History:
Adopted on: April 13, 2004
Revised on:
3200
Student Rights and Responsibilities
All students are entitled to enjoy the rights protected by the Federal and State Constitutions and laws for persons of their age and maturity in a school setting. Students should exercise these rights reasonably and avoid violating the rights of others. Students who violate the rights of others or violate District policies or rules will be subject to disciplinary measures.
Cross Reference: 3231 Searches and Seizure
3310 Student Discipline
Legal Reference: § 20-4-302, MCA Discipline and punishment of pupils definition of corporal punishment
§ 20-5-201, MCA Duties and sanctions
Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)
Policy History:
Adopted on: April 13, 2004
Revised on:
3210
Equal Education, Nondiscrimination and Sex Equity
Equal educational opportunities shall be available for all students without regard to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious beliefs, physical and mental handicap or disability, economic or social conditions, or actual or potential marital or parental status or status as a homeless child. Any student may file a discrimination grievance using the procedure that follows this policy.
No student shall, on the basis of sex, be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, or advantage, or denied equal access to educational and extracurricular programs and activities.
Inquiries regarding discrimination or intimidation should be directed to the District Title IX Coordinator. An individual with a complaint alleging a violation of this policy shall follow the Uniform Grievance Procedure.
In compliance with federal regulations, the District will notify annually all students, parents, staff, and community members of this policy and the designated coordinator to receive inquiries. Notification should include the name and location of the coordinator and will be carried in all handbooks.
The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence because of disability against students, staff, or volunteers with disabilities. The District considers this behavior to constitute discrimination on the basis of disability, in violation of state and federal law.
Legal Reference: Art. X, Sec. 7, Montana Constitution Nondiscrimination in education
§ 49-2-307, MCA Discrimination in education
24.9.1001, et seq., ARM Sex discrimination in education
No Child Left Behind Act of 2001 (P.L. 107-110)
Policy History:
Adopted on: April 13, 2004
Revised on:
3215
Uniform Grievance Procedure
All individuals should use this grievance procedure if they believe that the Board, its employees or agents have violated their rights guaranteed by the State or federal Constitution, State or federal statute, or Board policy.
The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.
Level 1: Informal
An individual with a complaint is encouraged to first discuss it with the teacher, counselor, or building administrator involved, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be discussed with the first-line administrator that is not involved in the alleged harassment.
Level 2: Principal
If the complaint is not resolved at Level 1, the grievant may file a written grievance stating: 1) the nature of the grievance and 2) the remedy requested. It must be signed and dated by the grievant. The Level 2 written grievance must be filed with the principal within sixty (60) days of the event or incident or from the date the grievant could reasonably become aware of such occurrence.
If either party is not satisfied with the decision of the Principal, the Superintendent is the next avenue for appeal. A written appeal must be submitted to the Superintendent within fifteen (15) days of receiving the Principal's decision.
Level 3: Superintendent
Upon receipt of the request for review, the Superintendent shall schedule a meeting between the parties and the principal. The parties shall be afforded the opportunity to either dispute or concur with the principal's report. The Superintendent shall decide the matter within ten (10) days of the meeting and shall notify the parties in writing of the decision. If the Superintendent agrees with the recommendation of the principal, the recommendation will be implemented. If the Superintendent rejects the recommendation of the principal, the matter may either be referred to an outside investigator for further review or resolved by the Superintendent.
If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) days of receiving the Superintendent's decision. The Board is the policy-making body of the school, however, and appeals to that level must be based solely on whether or not policy has been followed. Any individual appealing a decision of the Superintendent to the Board bears the burden of proving a failure to follow Board policy.
Level 4: The Board
Upon receipt of a written appeal of the decision of the Superintendent, and assuming the appeal alleges a failure to follow Board policy, the matter shall be placed on the agenda of the Board for consideration not later than their next regularly scheduled meeting. A decision shall be made and reported in writing to all parties within thirty (30) days of that meeting. The decision of the Board will be final, unless appealed within the period provided by law.
Level 5: County Superintendent
If the case falls within the jurisdiction of the County Superintendent of Schools, the decision of the Board may be appealed to the County Superintendent by filing a written appeal within thirty (30) days after the final decision of the Board, pursuant to the Rules of School Controversy.
Procedure History:
Promulgated on: April 13, 2004
Revised on:
3221
Student Publications
Student publications produced as part of the school's curriculum or with the support of student body funds are intended to serve both as vehicles for instruction and student communications. They are operated and substantively financed by the student body and the District.
Material appearing in such publications should reflect all areas of student interest, including topics about which there may be controversy and dissent. Controversial issues may be presented provided they are treated in depth and represent a variety of viewpoints. Such materials may not be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the violation of the law. They may not advertise tobacco, liquor, illicit drugs or drug paraphernalia.
The Superintendent shall develop guidelines to implement these standards and shall establish procedures for the prompt review of any materials which appear not to comply with the standards.
Policy History:
Adopted on: April 13, 2004
Revised on:
3222
Distribution and Posting of Materials
The distribution of materials from outside the school system uses a considerable amount of valuable educational time. This time is taken away from students, teachers, and the clerical staff. It is the District's policy to limit the distribution of materials to parent and student organizations sponsored by the District or other governmental agencies. Materials which provide information valued or needed by the District may also be distributed.
All organizations must have the approval of the Superintendent before materials may be distributed. The Superintendent will use the guidelines listed above in the approval of the distribution of the materials.
In order to facilitate the distribution of materials with information about student activities offered in the community, each school will do the following:
A. Maintain a centrally located bulletin board for the posting of bulletins.
B. Maintain a table where flyers and other information can be made available to students.
C. Include announcements for student-related activities in newsletters that go home to students. The announcements must be submitted one (1) week prior to the newsletter in which the announcement is to go home, must advertise a youth-oriented activity, and must be of non-religious or political nature.
It is the intent to post all notices and place flyers on the distribution table except those that are viewed by the principal as likely to be disruptive, libelous, or obscene.
Policy History:
Adopted on: April 13, 2004
Revised on:
3224
Student Dress
Students are reminded that their appearance significantly affects the way others respond to them. Matters of dress remain the primary responsibility of students, in consultation with their parents or legal guardians. Nevertheless, certain minimum standards shall be observed by all students. The administration shall establish procedures for the monitoring of student dress in school or while engaging in extracurricular activities. Specifics regarding this policy may be found in the student handbook.
Policy History:
Adopted on: April 13, 2004
Revised on:
3225
Sexual Harassment/Intimidation of Students
Sexual harassment is a form of sex discrimination and is prohibited in the District. An employee, District agent, or student engages in sexual harassment whenever he/she makes unwelcome advances, requests sexual favors, or engages in other verbal, non-verbal, or physical conduct of a sexual or sex-based nature, imposed on the basis of sex, that:
1. denies or limits the provision of educational aid, benefits, services, opportunities, or treatment, or that makes such conduct a condition of a student's academic status; or
2. has the purpose or effect of:
a. substantially interfering with the student's educational environment;
b. creating an intimidating, hostile, or offensive educational environment;
c. depriving a student of educational aid, benefits, services, opportunities, or treatment; or
d. making submission to or rejection of such unwelcome conduct the basis for academic decisions affecting a student.
The terms "intimidating", "hostile", and "offensive" include conduct which has the effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment include, but are not limited to, unwelcome touching, crude jokes or pictures, discussions of sexual experiences, pressure for sexual activity, intimidation by words, actions, insults, or name calling, teasing related to sexual characteristics, and spreading rumors related to a person's alleged sexual activities.
Students who believe that they may have been sexually harassed or intimidated should contact a counselor, teacher, Title IX coordinator, or administrator, who will assist them in the complaint process. Supervisors or teachers who knowingly condone or fail to report or assist a student to take action to remediate such behavior of sexual harassment or intimidation, may themselves be subject to discipline.
Any District employee who is determined, after an investigation, to have engaged in sexual harassment will be subject to disciplinary action up to and including discharge. Any student of the District who is determined, after an investigation, to have engaged in sexual harassment will be subject to disciplinary action, including, but not limited to, suspension and expulsion consistent with the discipline policy. Any person knowingly making a false accusation regarding sexual harassment will likewise be subject to disciplinary action up to and including discharge with regard to employees, or suspension and expulsion with regard to students.
The District will make every effort to ensure that employees or students accused of sexual
harassment or intimidation are given an appropriate opportunity to defend themselves against such accusations.
To the greatest extent possible, complaints will be treated in a confidential manner. Limited disclosure may be necessary in order to complete a thorough investigation. Retaliation against persons who file a complaint is a violation of law prohibiting discrimination, and will lead to disciplinary action against the offender.
Any individual seeking further information should contact the Superintendent for the name of the current Title IX Coordinator for the District. The Superintendent shall ensure that the student and employee handbooks identify the name, address, and telephone number of the individual responsible for coordinating the District's compliance efforts.
An individual with a complaint alleging a violation of this policy shall follow the Uniform Grievance Procedure.
Cross Reference: 3215 Uniform Grievance Procedure
Legal References: Art. X, Sec. 1, Montana Constitution
§§ 49-3-101, et seq., MCA Montana Human Rights Act
Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.
34 CFR Part 106
Policy History:
Adopted on: April 13, 2004
Revised on:
3225F
Harassment Reporting Form for Students
School ______________________________________________ Date ____________________
Student's name _________________________________________________________________
(If you feel uncomfortable leaving your name, you may submit an anonymous report, but please understand that an anonymous report will be much more difficult to investigate. We assure you that we'll use our best efforts to keep your report confidential.)
Who was responsible for the harassment or incident(s)? ___________________________
______________________________________________________________________________
Describe the incident(s). ____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Date(s), time(s), and place(s) the incident(s) occurred. _____________________________
_______________________________________________________________________________
______________________________________________________________________________
Were other individuals involved in the incident(s)? yes no
If so, name the individual(s) and explain their roles. _____________________________________
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Did anyone witness the incident(s)? yes no
If so, name the witnesses. __________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
Did you take any action in response to the incident? yes no
If yes, what action did you take? ____________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_________________________________________________________________________________
Were there any prior incidents? yes no
If so, describe any prior incidents. ___________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Signature of complainant ___________________________________________________________
Signatures of parents/legal guardians _________________________________________________
3226
STUDENTS
Hazing/Harassment/Intimidation/Bullying/Menacing
The Board will strive to provide a positive and productive learning and working environment. Hazing, harassment, intimidation, menacing, or bullying by students, staff, or third parties is strictly prohibited and shall not be tolerated.
Students whose behavior is found to be in violation of this policy will be subject to discipline up to and including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the Superintendent or the Board.
Individuals may also be referred to law enforcement officials.
The Superintendent is directed to develop administrative regulations to implement this policy. Regulations shall include descriptions of prohibited conduct and reporting and investigative procedures, as needed, and provisions to ensure notice of this policy is provided to students, staff, and third parties.
Policy History:
Adopted on: April 13, 2004
Revised on:
3231
Searches and Seizure
To maintain order and security in the schools, school authorities are authorized to conduct reasonable searches of school property and equipment, as well as of students and their personal effects.
School Property and Equipment as well as Personal Effects Left There by Students
School authorities may inspect and search school property and equipment owned or controlled by the school (such as lockers, desks, and parking lots), as well as personal effects left there by the student, without notice or consent of the student. This applies to student vehicles parked on school property. Building principals may require each high school student, in return for the privilege of parking on school property, to consent in writing to school searches of his or her vehicle and personal effects therein, when reasonable suspicion of wrongdoing exists.
The Superintendent may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous substances or material, including searches conducted through the use of specially trained dogs.
Students
School authorities may search the student and/or the student's personal effects in the student's possession, when there is reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating the law or the District's student conduct rules. The search itself must be conducted in a manner which is reasonably related to its objectives and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.
Seizure of Property
If a search produces evidence that the student has violated or is violating either the law or the District's policies or rules, such evidence may be seized and impounded by school authorities, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.
Policy History:
Adopted on: April 13, 2004
Revised on:
3231P
Searches and Seizure
The following rules shall apply to any searches and the seizure of any property by school personnel:
1. The Superintendent, principal, and the authorized assistants of either shall be authorized to conduct any searches or to seize property on or near school premises, as further provided in this procedure.
2. If the authorized administrator has reasonable suspicion to believe that any locker, car, or other container of any kind on school premises contains any item or substance which constitutes an imminent danger to the health and safety of any person or to the property of any person or the District, the administrator is authorized to conduct a search of any car or container and to seize any such item or substance.
The authorized administrator may perform random searches of any locker, car, or container of any kind on school premises without notice or consent.
3. If the authorized administrator has any reasonable suspicion to believe that any student has any item or substance in his/her possession, which constitutes an imminent danger to the property of any person or the District, the administrator is authorized to conduct a search of any car or container and to seize any such item or substance.
4. No student shall hinder, obstruct, or prevent any search authorized by this procedure.
5. Whenever circumstances allow, any search or seizure authorized in this procedure shall be conducted in the presence of at least one (1) adult witness, and a written record of the time, date, and results shall be made by the administrator. A copy shall be forwarded to the Superintendent as soon as possible.
6. In any instance where an item or substance is found which would appear to be in violation of the law, the circumstance shall be reported promptly to the appropriate law enforcement agency.
7. In any situation where the administrator is in doubt as to the propriety of proceeding with any search or seizure, the administrator is authorized to report to and comply with the directions of any public law enforcement agency.
Procedure History:
Promulgated on: April 13, 2004
Revised on:
3233
Student Use of Buildings: Equal Access
Non-curriculum-related secondary school student organizations may conduct meetings on school premises without intervention on the basis of the religious, political, philosophical, or other content of the meeting.
The following criteria must be met:
1. The meeting is voluntary and student-initiated.
2. There is no sponsorship of the meeting by the school, the government, or its agents or employees.
3. The meeting must occur during non-instructional time on regular school days.
4. Employees or agents of the school or government are present only in a non-participatory capacity.
5. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.
6. Non-school persons may not direct, conduct, control, or regularly attend activities.
Although the school assumes no sponsorship of these kinds of meetings, all meetings held on school premises must be scheduled and approved by the principal.
This policy pertains to student meetings. The school has the authority, through its agent or employees, to maintain order and discipline on school premises and to protect the well-being of students and faculty.
Legal Reference: 20 U.S.C. 4071 Equal Access Act
Board of Education v. Mergens, 110 S.Ct. 2356 (1990)
Policy History:
Adopted on: April 13, 2004
Revised on:
3235
Video Surveillance
The Board authorizes the use of video cameras on District property to ensure the health, welfare, and safety of all staff, students, and visitors to District property, and to safeguard District facilities and equipment. Video cameras may be used in locations as deemed appropriate by the Superintendent.
The District shall notify staff and students through student/parent and staff handbooks that video surveillance may occur on District property.
Students or staff in violation of Board policies, administrative regulations, building rules, or law shall be subject to appropriate disciplinary action. Others may be referred to law enforcement agencies.
Video recordings may become a part of a student's educational record or a staff member's personnel record. The District shall comply with all applicable state and federal laws related to record maintenance and retention.
Audio shall not be part of the video recordings made, reviewed, or stored by the District.
Cross-Reference: 3600 Student Records
Policy History:
Adopted on: April 13, 2004
Revised on:
3300
Corrective Actions and Punishment
All students shall submit to the reasonable rules of the District. Refusal to comply with written rules and regulations established for the governing of the school shall constitute sufficient cause for discipline, suspension, or expulsion.
For the purposes of the District's policies relating to corrective action or punishment:
1. "Suspension" is the exclusion from school or individual classes for a specific period of time, after which the student has a right to return. Administrators may suspend.
2. "Expulsion" is the exclusion from school. Only the Board has the authority to expel.
3. "Discipline" constitutes all other forms of corrective action or punishment, including brief exclusions from a class for not more than the remainder of the class period and exclusion from any other type of activity conducted by or for the District. Discipline shall not adversely affect specific academic grade, subject, or graduation requirements, as long as all required work is performed.
Except in extreme cases, students will not be expelled unless other forms of corrective action or punishment have failed, or unless there is good reason to believe that other forms of corrective action or punishment would fail if employed. Suspensions or expulsions shall be used only for instances of serious student misconduct.
Students with disabilities may also be suspended under these same rules if the suspension will not constitute a change in placement. If a student with a disabling condition accrues ten (10) or more days suspension per incident, the Child Study Team who has knowledge of the student's disabling condition will determine if there is causal relationship between the disabling condition and the student's misconduct. If such a relationship exists, the student's educational placement may not be changed without parental approval or a court order, pending a due process hearing under IDEA.
Likewise, before a recommendation on the expulsion of a disabled student is submitted to the Board, the Child Study Team must meet to determine if there is a causal relationship between the disabling condition and the student's misconduct. The Board shall consult legal counsel before expelling any disabled student.
When a disabled student is acting in such a way that he/she poses a danger to himself/herself or
to another student or property, or substantially disrupts his/her educational program or that of other students, an emergency suspension may take place. Emergency suspensions may not last
longer than ten (10) school days. The principal shall convene the Child Study Team for reviewing the student's record before the student is readmitted to school and no later than the tenth (10th) day of suspension.
Once a student is expelled in compliance with District policy, the expulsion shall be brought to the attention of appropriate local or state authorities, in order that such authorities may address the student's needs.
No student shall be expelled, suspended, or disciplined in any manner for any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of the educational process.
Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act
§ 20-4-302, MCA Discipline and punishment of pupils definition of corporal punishment penalty defense
§ 20-4-402, MCA Duties of district superintendent or county high school principal
§ 20-5-105, MCA Attendance officer powers and duties
§ 20-5-106, MCA Truancy
§ 20-5-201, MCA Duties and sanctions
§ 20-5-202, MCA Suspension and expulsion
§ 10.16.1105, ARM Aversive treatment procedures
Policy History:
Adopted on: April 13, 2004
Revised on:
3300P
Corrective Actions and Punishment
It is the intent of the Board to provide each student with those due process rights which are provided by law.
Suspension
In the event the proposed punishment of a student is to include denial of the right of school attendance from any single class or full schedule of classes for at least one (1) day, the following procedure shall be used:
1. Before suspension, the student shall be provided a conference during which the charges will be explained and the student will be given the opportunity to respond to the charges.
2. A pre-suspension conference is not required and the student can be immediately suspended when the student's presence poses a continuing danger to persons or property or an ongoing threat of disruption to the educational process. In such cases, the notice and conference shall follow as soon as practicable.
3. Any suspension shall be reported immediately to the student's parent or legal guardian. A written notice of suspension shall state the reasons for the suspension, including any school rule which was violated, and a notice to the parent or guardian of the right to a review of the suspension. A copy of the notice shall be sent to the Superintendent.
4. Upon request of the parent or legal guardian, a review of the suspension shall be conducted by the Superintendent. At the review, the student and parent or legal guardian may appear and discuss the suspension with the Superintendent. After the meeting, the Superintendent shall take such action as appropriate. That action is final.
Students who are absent as a result of an out-of-school suspension do not have the right to make up the work missed.
Expulsion
A student may be expelled from school only by the Board, and only after the following due process procedures have been followed:
1. The student and parent or legal guardian shall be provided written notice of the Board hearing to consider the recommendation for expulsion, by registered or certified mail at least five (5) school days before the date scheduled for the hearing. The notice shall include the time and place of the hearing; information describing the process to be used to
conduct the hearing; notice of the Board's intent to conduct the hearing in executive session unless the parent or legal guardian waives the student's right to privacy.
2. Within the limitation that the hearing must be conducted during the period of suspension, an expulsion hearing may be rescheduled by the parent or legal guardian by submitting a request showing good cause to the Superintendent at least two (2) school days prior to the date of the hearing as originally scheduled. The Superintendent shall determine if the request shows good cause.
3. At the hearing, the student may be represented by counsel, present witnesses and other evidence, and cross-examine witnesses. Formal rules of evidence are not binding on the Board.
Procedures for Suspension and Expulsion of Students with Disabilities
The District shall comply with the provisions of the IDEA when disciplining students. No special education student shall be expelled if the student's particular act of gross disobedience or misconduct is a manifestation of the student's disability. Any special education student whose gross disobedience or misconduct is not a manifestation of the student's disability may be expelled pursuant to expulsion procedures, except that the disabled student shall continue to receive education services as provided in the IDEA during such period of expulsion.
A special education student may be suspended for ten (10) days of school per incident, regardless of whether the student's gross disobedience or misconduct is a manifestation of the student's disabling condition. Any special education student who has or will exceed ten (10) days of suspension may be temporarily excluded from school by court order or by order of a hearing officer if the District demonstrates that maintaining the student in the student's current placement is substantially likely to result in injury to the student or others. The student shall continue to receive educational services in accordance with the IDEA during such period of suspension.
A special education student who has carried a weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function may be removed from the student's current placement. Such a student shall be placed in an appropriate interim alternative educational setting for no more than forty-five (45) days in accordance with the IDEA.
Procedure History:
Promulgated on: April 13, 2004
Revised on:
3310
Student Discipline
A teacher or principal has the authority to hold a pupil to strict accountability for disorderly conduct in school, on the way to or from school, or during intermission or recess.
Disciplinary action may be taken against any student guilty of gross disobedience or misconduct, including, but not limited to:
Using, possessing, distributing, purchasing, or selling tobacco products.
Using, possessing, distributing, purchasing, or selling alcoholic beverages. Students who are under the influence are not permitted to attend school functions and are treated as though they had alcohol in their possession.
Using, possessing, distributing, purchasing, or selling illegal drugs or controlled substances, look-alike drugs, and drug paraphernalia. Students who are under the influence are not permitted to attend school functions and are treated as though they had drugs in their possession.
Using, possessing, controlling, or transferring a weapon in violation of the "Possession of a Weapon in a School Building" section of this policy.
Using, possessing, controlling, or transferring any object that reasonably could be considered or used as a weapon.
Disobeying directives from staff members or school officials and/or rules and regulations governing student conduct.
Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct toward anyone or urging other students to engage in such conduct.
Causing or attempting to cause damage to, or stealing or attempting to steal, school property or another person=s property.
Engaging in any activity that constitutes disorderly conduct, an interference with school purposes or an educational function, or any disruptive activity.
Unexcused absenteeism; however, the truancy statutes and Board policy will be utilized for chronic and habitual truants.
Hazing.
The forging of any signature, or the making of any false entry, or the authorization of any document used or intended to be used in connection with the operation of the school.
These grounds for disciplinary action apply whenever the student=s conduct is reasonably related to school or school activities, including, but not limited to:
T On, or within sight of, school grounds before, during, or after school hours or at any other time when the school is being used by a school group;
T Off school grounds at a school-sponsored activity, or event, or any activity or event which bears a reasonable relationship to school;
Traveling to and from school or a school activity, function, or event; or
Anywhere, if the conduct may reasonably be considered to be a threat or an attempted intimidation of a staff member, or an interference with school purposes or an educational function.
Disciplinary Measures
Disciplinary measures include, but are not limited to:
expulsion
suspension
detention, including Saturdays
clean-up duty
loss of student privileges
loss of bus privileges
notification to juvenile authorities and/or police
restitution for damages to school property
No person who is employed or engaged by the District may inflict or cause to be inflicted corporal punishment on a student. Corporal punishment does not include, and District personnel are permitted to use, reasonable force as needed to maintain safety for other students, school personnel, or other persons, or for the purpose of self-defense.
Gun-Free Schools
A student who uses, possesses, controls, or transfers a firearm, or any object that can reasonably be considered, or looks like, a firearm, shall be expelled for a definite period of time of at least one (1) calendar year. The Board, however, may modify the expulsion period on a case-by-case basis. The building administrator shall notify the criminal justice or juvenile delinquency system of any student who brings a firearm to school.
If a student violating this policy is identified as disabled, either under the IDEA or Section 504, a determination must be made whether the student=s conduct is related to the disability. If the violation of the policy is due to a disability recognized by the IDEA or Section 504, lawful procedures for changes in placement must be followed.
Any student subject to an expulsion shall be entitled to a hearing before the Board, in accordance with § 20-5-202, MCA, and Policy 3300.
Possession of a Weapon in a School Building
Any person who possesses, carries, or stores a weapon in a school building, except as provided below, shall be referred to law enforcement for immediate prosecution, as well as face disciplinary action by the District. In addition, a parent or guardian of any minor violating this
policy shall also be referred for possible prosecution, on the grounds of allowing the minor to possess, carry, or store a weapon in a school building.
For the purposes of this section only, the following terms are defined: "school building" shall be defined as all buildings owned or leased by a local school district that are used for instruction or for student activities; "weapon" shall be defined as any type of firearm, a knife with a blade four (4) or more inches in length, a sword, a straight razor, a throwing star, nun-chucks, firecrackers, or brass or other metal knuckles.
The Board may grant persons and entities advance permission to possess, carry, or store a weapon in a school building. All persons who wish to possess, carry, or store a weapon in a school building shall present this request to the Board in a regular meeting. It is solely within the Board's discretion whether to allow a person to possess, carry, or store a weapon in a school building.
This policy does not apply to law enforcement personnel.
Delegation of Authority
Each teacher, and any other school personnel when students are under his/her charge, is authorized to impose any disciplinary measure, other than suspension, or expulsion, corporal punishment or in-school suspension, which is appropriate and in accordance with the policies and rules on student discipline. Teachers may remove students from a classroom for disruptive behavior.
Cross Reference: 3300 Corrective Actions and Punishment
Legal Reference: § 20-4-302, MCA Discipline and punishment of pupils definition of corporal punishment penalty defense§ 20-5-202, MCA Suspension and expulsion
§ 45-8-361, MCA Possession or allowing possession of weapon in school building exceptions penalties seizure and forfeiture or return authorized definitions
20 U.S.C. § 8921, et seq. Gun Free Schools Act of 1994
29 U.S.C. § 701 Rehabilitation Act of 1973
Policy History:
Adopted on: April 13, 2004
Revised on:
3310P
Discipline of Students with Disabilities
Code of Conduct Violations by Students with Disabilities, Resulting
in Disciplinary Consequences of Ten (10) School Days or Less
Student commits code of conduct violation for which the disciplinary consequence would result in removal from the student's placement for ten (10) consecutive school days or less.
School personnel may assign the consequence applicable to non-disabled students for a similar period of time, not to exceed ten (10) consecutive school days. Reg. 300.520(a)(1)(i).
During the first ten (10) cumulative school days of removal in one (1) school year, the school does not have to provide any services to the student if non-disabled students would not receive services. Reg. 300.121(d)(1).
A series of disciplinary removals, each for ten (10) consecutive school days or less, may result in a change of placement if they cumulate to more than ten (10) school days in one (1) school year. School personnel should analyze the length of each removal, the proximity of the removals to each other, and the total amount of time the child is removed. Reg. 300.519(b). If a removal would result in a change of placement, a manifestation determination review (MDR) must first be done. Reg. 300.523(a).
School personnel may continue to remove the student for disciplinary reasons for up to ten (10) school days at a time throughout the same school year for separate incidents of misconduct, so long as the removals do not constitute a change of placement under Reg. 300.519(b) and are those which would be applied to non-disabled students. Reg. 300.520(a)(1)(i).
Beginning with the 11th day of disciplinary removals in a school year, educational services must be provided. Reg. 300.520(a)(1)(ii); Reg. 300.121(d)(2)(i)(A). If the removal does not result in a change of placement, school personnel, in consultation with the student's special education teacher, determine the services to be provided. Reg. 300.121(d)(3)(i).The educational services to be provided must meet the standard of enabling the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(A).
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Beginning with the 11th day of disciplinary removals in a school year, the IEP Team must address behavioral issues. If the removal does not result in a change of placement, the IEP Team must meet within ten (10) business days of first removing the student for more than ten (10) school days in a school year, to develop a plan to conduct a functional behavioral assessment, if one was not conducted before the behavior that resulted in the removal. Reg. 300.520(b)(1)(i).
After the functional behavioral assessment is completed, the IEP Team meets as soon as practicable to develop a behavioral intervention plan to address the behavior and implement the plan. Reg. 300.520(b)(2).If the student's IEP already includes a behavior intervention plan, within ten (10) business days of first removing the student for more than ten (10) school days in a school year, the IEP Team must meet to review the behavior intervention plan and its implementation, and modify the plan and its implementation as necessary to address the behavior. Reg. 300.520(b)(1)(ii).
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If the student is assigned subsequent disciplinary removals in a school year for ten (10) days or less that do not result in a change of placement, the IEP Team members (including the parent) informally review the behavior intervention plan and its implementation to determine if modifications are necessary. Reg. 300.520(c)(2).
If one or more team members believe modifications are needed, the IEP Team must meet to modify the plan and its implementation to the extent the IEP Team deems necessary. Reg. 300.520(c)(2).
Code of Conduct Violations by Students with Disabilities for Which Recommended Disciplinary Consequences Would Result in Change of Placement for More
Than Ten (10) School Days (Excluding Drug and Weapon Offenses)
Student violates code of conduct, and the recommended disciplinary consequence would result in a removal from the current educational placement for more than ten (10) consecutive school days (alternate placement, expulsion). This constitutes a change of placement. Reg. 300.519(a).The recommended disciplinary consequence may be for a removal from the current educational placement for less than ten (10) consecutive school days, but may constitute a change of placement because the student has already been removed for disciplinary reasons for ten (10) or more school days in the current school year, and the length of each removal, their proximity to each other, and the total amount of time the student has been removed result in a change of placement. Reg. 300.519(b).
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School personnel may remove from current educational placement for ten (10) school days or less (Reg. 300.520(a)(1)(i)) and recommend further discipline according to the code of conduct. (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled. See pp. 1-2 for educational services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and law enforcement authorities to whom the crime was reported must be provided special education and disciplinary records to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9). Reg. 300.529.
At the time decision is made to take this action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504. Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).
Within ten (10) business days, IEP Team and other qualified personnel must meet and review relationship between disability and the behavior subject to disciplinary action (manifestation determination review-MDR). Sec. 1415(k)(4)(A); Reg. 300.523(a)(2),(b). If there has been no previous functional behavioral assessment and creation of a behavior intervention plan, the IEP Team must develop an assessment plan. Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). If the IEP contains a behavior intervention plan, the IEP Team reviews the plan and its implementation and modifies them as necessary to address the behavior. Reg. 300.520(b)(1)(ii).3310P
For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student's IEP and placement. The misbehavior is not a manifestation of the disability, if the IEP Team finds that in relationship to the misbehavior subject to discipline:
the IEP and placement were appropriate;
consistent with the content of the student's IEP and placement, special education services, supplementary aids, and behavior intervention strategies were actually provided;
the disability did not impair the ability of the student to understand the impact and consequences of the misbehavior; and
the disability did not impair the ability of the student to control the misbehavior.
Sec. 1415(k)(4)(C); Reg. 300.523(c).Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(k)(6); Reg. 300.525(a),(b).
Parent may appeal decision to place student in forty-five-(45)-day interim placement. The hearing is expedited before a special education hearing officer, who applies the standards regarding a dangerous student in Reg. 300.521. Sec. 1415(k)(6)(B)(ii); Reg. 300.525(b)(2).
When a parent requests a hearing in a drug or weapon case to challenge the interim alternative placement or the manifestation determination, student remains in interim placement until decision of hearing officer or forty-five (45) days expires, whichever comes first, unless the parent and school agree otherwise. Reg. 300.526(a). Then student returns to current placement (defined as placement prior to interim alternative educational setting). School can ask for expedited hearing before special education hearing officer to prevent this return, if the student is substantially likely to injure self or others. Reg. 300.526(b),(c). The hearing officer applies the standards in Reg. 300.121. Reg. 300.526(c). Hearing officer can order another placement for up to forty-five (45) days. Reg. 300.526(c)(3). This procedure may be repeated as necessary. Sec. 1415(k)(7); Reg. 300.526(c)(4).
If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identified deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).
If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412(a)(1)(A). Reg. 300.121(a); Reg. 300.524(a). The campus must ensure that special education and disciplinary records are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).- -
The standard the educational services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(B); Reg. 300.524(a). The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121(d)(3)(ii).
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Drug and Weapon Offenses by Students with Disabilities
Student carries weapon to school, or possesses, uses, sells, or solicits sale of illegal or controlled substance on school property or at a school function.Illegal drug - controlled substance. Excludes legally used and possessed prescription drugs. Sec. 1415(k)(10)(B); Reg. 300.520(d)(2).
Controlled substance - drug or substance in 21 U.S.C. § 812(c), Schedules I-V. Sec. 1415(k)(10)(A); Reg. 300.520(d)(1).
Weapon - A firearm and more. Something used for or readily capable of causing death or serious bodily injury. Excludes pocket knife with blade of 2½ inches or less. Sec. 1415(k)(10)(D); Reg. 300.520(d)(3).- -
School personnel may remove from current educational placement for ten (10) school days or less, and recommend further discipline according to the code of conduct. Sec. 1415(k)(1)(A)(i); Reg. 300.520(a)(1)(i). (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled students. See pp. 1-2 for education services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and special education and disciplinary records shall be transmitted to law enforcement authorities to whom the crime was reported, to the extent disclosure is permitted by FERPA. Sec.1415(k)(9); Reg. 300.529.
The forty-five-(45)-day alternative interim placement must:
enable student to progress in general curriculum, although in another setting;
enable the student to continue to receive those services and modifications, including those described in the student's IEP, that will enable the student to meet the goals set out in that IEP; and
include services and modifications designed to address the drug or weapon offense so that it does not recur. Sec. 1415(k)(3)(B); Reg. 300.522; Reg. 300.121(d)(2)(ii).
Comments to regulations: Students may be subject to multiple forty-five-(45)-day interim placements for separate drug and weapon offenses. The forty-five-(45)-day interim placement may be completed even if drug or weapon offense was manifestation of disability. If misbehavior was not a manifestation of disability, regular disciplinary consequence can be applied in addition to forty-five-(45)-day interim placement.
At time decision is made to take this disciplinary action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504. Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).
Within ten (10) business days, IEP Team must meet and may extend the removal by placing student in appropriate interim alternative educational setting applicable to non-disabled student for same amount of time non-disabled student would be assigned, but not more than forty-five (45) calendar days. Sec. 1415(k)(1)(A)(ii) and (3)(A); Reg. 300.520(a)(2); Reg. 300.522(a). IEP Team must review the behavior intervention plan, if one exists, and its implementation and modify, as necessary, to address behavior. Reg. 300.520(b)(1)(ii). If there has been no previous functional behavioral assessment and creation of behavior intervention plan, IEP Team must develop assessment plan. Sec. 1415(k)(1)(B); Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). The IEP Team and other qualified personnel must review the relationship between disability and the behavior subject to disciplinary action (manifestation determination review-MDR). Sec. 1415(k)(4)(A); Reg. 300.523(a)(2),(b).
Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(k)(6); Reg. 300.525(a), (b).
If IEP Team finds no manifestation and changes placement to comply with the disciplinary recommendation, parent may appeal the placement decision. The hearing is expedited before a special education hearing officer. Sec. 1415(k)(6)(A); Reg. 300.525(a)(2).
During appeals, stay put applies. Reg. 300.524(c). If child is substantially likely to injure self or others in the current placement, the school can request an expedited hearing and request the hearing officer to remove to an interim alternative educational placement for up to forty-five (45) days. Standards to be met are those in Sec. 1415(k)(2) and Reg. 300.521.For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student's IEP and placement. The misbehavior is not a manifestation of the disability if the IEP Team finds that, in relationship to the misbehavior subject to discipline:
the IEP and placement were appropriate;
consistent with the content of the student's IEP and placement, special education services, supplementary aids and services, and behavior intervention strategies were actually provided;
the disability did not impair the ability of student to understand the impact and consequences of the misbehavior; and
the disability did not impair the ability of the student to control the misbehavior.
Sec. 1415(k)(4)(C); Reg. 300.523(c).
If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identifies deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).
- or -
If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412(a)(1)(A). Reg. 300.121(a). Reg. 300.524(a). The campus must ensure that special education and disciplinary records are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b)._ _ _ _ _ _ _
The standard the education services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2(i)(B); Reg. 300.524(a).
The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121(d)(3)(ii).
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Students Dangerous to Self or Others
IDEA discipline procedures are followed for a non-drug or weapon or offense, the penalty for which would result in expulsion or removal from the student's placement for more than ten (10) school days.
IEP Team meets, determines no manifestation and recommends discipline proceed. Parent disagrees and requests a due-process hearing. Stay put applies, and child stays in the current placement, unless school acts to change the placement. Reg. 300.524.
School requests hearing officer to change the placement during the pendency of the hearing, because of the likelihood of injury to self or others. Sec. 1415(k)(2); Reg. 300.521.
Hearing officer holds expedited hearing to consider request. School has burden of proof to show by more than a preponderance of the evidence that maintaining the child in the current placement is substantially likely to result in injury to self or others. Sec. 1415(k)(2)(A), (10)(D); Reg. 300.521(a). Hearing officer must also:
consider the appropriateness of the current placement.
consider whether the school has made reasonable effort to minimize the risk of harm in the current placement, including the use of supplemental aids and services.
determine that the interim alternative setting proposed by the school personnel, in consultation with special education teacher
enables the student to participate in the general curriculum, although in another setting;
enables the student to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in the IEP; and
include services and modification designed to address the behavior so that it does not recur.
Sec. 1415(k)(2); Reg. 300.521(b),(c),(d); Reg. 300.522(b); Reg. 300.121(d)(2)(ii)(B).If parent appeals forty-five-(45)-day interim alternative placement by IEP Team in drug or weapon case, hearing officer applies these standards in expedited hearing. Sec. 1415(k)(6)(B)(ii); Reg. 300.525(b)(2).
If all requirements are met, hearing officer may order a change of placement to the interim alternative educational setting for up to forty-five (45) days. Sec. 1415(k)(2); Reg. 300.521.
Student returns to his or her current placement (the placement prior to the interim alternative educational setting) at end of forty-five (45) days, if no decision has been issued by hearing officer in pending due-process hearing. If school believes it would be dangerous for student to return to current placement while hearing is still pending, school may request another expedited hearing to again place student in forty-five-(45)-day interim placement while hearing continues to be pending. Reg. 300.526(b), (c)(4). Hearing officer holds same type of hearing initially held when hearing officer ordered first forty-five-(45)-day interim placement. Sec. 1415(k)(7); Reg. 300.526. Any subsequent forty-five-(45)-day interim setting must meet the standards in Reg. 300.522.
Procedure History:
Promulgated on: April 13, 2004
Revised on:
3312
Detention
For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students. Students may be required to attend Saturday detention for up to four (4) hours.
Preceding the assessment of such punishment, the staff member shall inform the student of the nature of the offense charged and/or the specific conduct which allegedly constitutes the violation. The student shall be afforded an opportunity to explain or justify his/her actions to the staff member. Parents must be notified prior to a student serving an after-school detention.
Students detained for corrective action or punishment shall be under the supervision of the staff member or designee.
Policy History:
Adopted on: April 13, 2004
Revised on:
3340
Extra- and Co-Curricular Chemical Use Policy
Students participating in extra- and co-curricular activities, whether sponsored by the MHSA or not, shall not use, have in possession, sell, or distribute alcohol, tobacco, or illegal drugs or abuse prescription or non-prescription drugs during their extracurricular seasons. These rules are in effect twenty-four (24) hours a day. If a student receives an IP or is seen using tobacco, alcohol, or illicit drugs, the student will forfeit the privilege of participating in accordance with the activities and student handbooks.
Policy Coverage
This policy applies to middle and high school students who are involved in the extra- and co-curricular activities program.
Policy Duration
This policy is in effect each school year from the date of the first practice for fall activities until the last day of school or activities, whichever is later. Violations are cumulative, through the student's period of attendance in grades 7-8 and in grades 9-12. The administration shall publish the participation rules annually in the activities and student handbooks.
Student and Parent/Legal Guardian Due Process
If a determination is made that a student has violated this policy, the student and parent or guardian shall be notified of the violation by telephone where possible, and also by mail. Also at this time, the student and parent or guardian shall be notified of the type of discipline that will be administered or recommended to the Board.
Any parent or legal guardian and student who are aggrieved by the imposition of any action (other than a recommendation for exclusion from an activity) shall have the right to an informal conference with the principal, for the purpose of resolving the grievance. At such a conference, the student and the parent shall be subject to questioning by the principal, and shall be entitled to question staff involved in the matter being grieved.
If the discipline involves a high school student and the recommended discipline is exclusion from participation in extra- and/or co-curricular activities for a period in excess of ten (10) days, the parent and student will be notified of the date and time the Board will consider the recommendation. Only the Board can exclude a high school student from participation in extra- and/or co-curricular activities.
Legal Reference: § 20-5-201, MCA Duties and sanctions
Policy History:
Adopted on: April 13, 2004
Revised on:
3350
Extracurricular Activities Drug-Testing Program
The District has a strong commitment to the health, safety, and welfare of its students. Results of studies throughout the United States indicate that education alone, as a preventive measure, is not effective in combating substance abuse. Our commitment to maintaining the extracurricular activities in the District as a safe and secure educational environment requires a clear policy and supportive programs relating to detection, treatment, and prevention of substance abuse by students involved in extracurricular activities.
Purpose
The drug-testing program is not intended to be disciplinary or punitive in nature. Students involved in extracurricular activities need to be exemplary in the eyes of the community and other students. It is the purpose of this program to prevent students from participating in extracurricular activities while they have drug residues in their bodies, and it is the purpose of this program to educate, help, and direct students away from drug and alcohol abuse and toward a healthy and drug-free participation. No student shall be expelled or suspended from school as a result of any verified positive test conducted by his/her school under this program, other than as stated herein.
Scope
Participation in extracurricular activities is a privilege. This policy applies to all District students in grades 9-12 who wish to participate in extracurricular activities that are listed in the current student handbook and any other school-sponsored extracurricular activities not listed.
Consent Form
It is MANDATORY that each student who participates in extracurricular activities sign and return the Consent Form prior to participation in any extracurricular activity. Failure to comply will result in non-participation.
Each extracurricular participant shall be provided with the Consent Form (3350F), which shall be dated and signed by the participant and by the parent/guardian. In so doing, the student is agreeing to participate in the random drug-testing program at Three Forks High School.
Testing Procedures
1. The selection of participants to be tested will be done randomly by the principal/ administrative designee, and selections will be made from time to time throughout the school year. Names will be drawn from one (1) large pool of those agreeing to be tested.
Testing may occur on a different day, Monday through Saturday. This variable schedule will keep students conscious of the possibility of being tested at any time during the year. Each student will be assigned a number that will be placed in the drawing.
2. If the student shows signs of reasonable suspicion, the principal/administrative designee may call the student's parent/guardian and ask that the student be tested. Factors will include, but are not limited to, excessive discipline problems and/or excessive absences from school. Also, a parent/guardian may request testing of his/her student.
3. No student will be given advance notice or early warning of the testing. In addition, a strict chain of custody will be enforced to eliminate invalid tests or outside influences.
4. Upon being selected for a urinalysis test under this policy, either by random draw, reasonable suspicion, request of a parent/guardian, or a follow-up test, a student will be required to provide a sample of fresh urine, according to the quality control standards and policy of the laboratory conducting the urinalysis.
5. All students will remain under school supervision until they have produced an adequate urine specimen. If unable to produce a specimen, the student will be given up to twenty-four (24) ounces of fluid. If still unable to produce a specimen within two (2) hours, the student will be taken to the principal's office and told he/she is no longer eligible for any of the extracurricular activities. In addition, the parents/guardian will be telephoned and informed the student is unable to produce a sample for the testing procedure and that he/ she may be tested at a later date to be reinstated for eligibility.
6. There is a head strip on each of the specimen bottles, indicating the validity of the urine specimen by temperature. All specimens registering below 90.5 degrees Fahrenheit will be invalid. If this occurs, another specimen must be given by the student.
7. If it is proven that tampering or cheating has occurred during the collection, the student will become ineligible for all the extracurricular activities for the remainder of the school year. This will be reported to the parent/guardian.
8. Immediately after the specimen is taken, the student may return to class with an admit slip or pass with the time he/she left the collection site. The principal/administrative designee must time and sign the pass.
9. The specimens will then be turned over to the testing laboratory, and each specimen will be tested for alcohol, nicotine, and street drugs (which may include all drugs listed as controlled substances under the laws of the State of Montana). Also, performance enhancing drugs such as steroids may be tested.
10. The laboratory selected must follow the standards set by the Department of Health and Human Services. It must be certified under the auspices of the Clinical Laboratory Improvement Act (CLIA) and the Joint Commission of Accreditation of Healthcare Organizations (JCAHO).
Chain of Custody
1. The certified laboratory will provide training and direction to those who supervise the testing program, set up the collection environment, and guarantee specimens and
supervise the chain of custody. To maintain anonymity, the student's number, not name, will be used.
2. The principal/administrative designee will be responsible for escorting students to the collection site. The student should bring all materials with him/her to the collection site and should not be allowed to go to his/her locker. (The administrator should not bring all the students drawn from the pool to the collection site simultaneously. Calling four (4) or five (5) students at a time allows the collections to be carried out quickly and will not cause students to wait a long time, thereby creating a loss of important time from class. Athletes may be called after school, perhaps during practice time.)
3. Before the student's urine is tested by the laboratory, students will agree to fill out, sign, and date any form which may be required by the testing laboratory. If a student chooses, he/she may notify the administrator that he/she is taking a prescription medication.
4. A sanitized kit containing a specimen bottle will be given to each student. The bottle will remain in the student's possession until a seal is placed upon the bottle. The student will sign that the specimen has been sealed. The seal may be broken only by the lab testing the specimen.
5. If the seal is tampered with or broken after leaving the student's possession and prior to arriving at the lab, the specimen is invalid. The student will be called again as soon as possible. The student will remain eligible for extracurricular activities subsequent to a retest.
6. The supervisor obtaining the urine specimen will be of the same gender as the student. Students will be instructed to remove all coats and wash their hands in the presence of the supervisor prior to entering the restroom. The door will be closed so that the student is by himself/herself in the restroom to provide a urine specimen. The supervisor will wait outside the restroom. The student will have two (2) minutes to produce a urine specimen. The commode will contain a blue dye so the water cannot be used to dilute the sample. The faucets in the restrooms will be shut off.
7. After it has been sealed, the specimen will be transported to the testing laboratory by lab personnel. The testing laboratory will report the results to the principal/administrative designee.
8. In order to maintain confidentiality, the container which contains the urine specimen to be tested will not have the name of the student on the container. Instead, the student's random identification number will appear on the container. Also, the results sheet for the urinalysis will be mailed to the principal/administrative designee with no name attached; only the student's random identification number will appear on the results sheet.
Test Results
1. This program seeks to provide needed help for students who have a verified positive test. The students' health, welfare, and safety will be the reason for preventing students from participation in extracurricular activities.
2. The principal/administrative designee will be notified of a student testing positive (that is, if the test shows that drug residues are in the student's system after using at least two (2) different types of analyses). The principal/administrative designee will notify the student and his/her parent/guardian. The student or his/her parent/guardian may submit any documented prescription, explanation, or information, which will be considered in determining whether a positive test has been satisfactorily explained.
In addition, the student or parent/guardian may appeal by requesting that the urine specimen be tested again by the certified laboratory at a cost to the student or his/her parent/guardian.
3. If the test is verified positive, the principal/administrative designee will meet with the student and his/her parent/guardian at the school. The student and parent/guardian will be given the names of counseling and assistance agencies that the family may want to contact for help. The student will be prevented from participating in extracurricular activities until after a follow-up test is requested by the principal/administrative designee and the results are reported.
4. A follow-up test will be requested by the principal/administrative designee after such an interval of time that the substance previously found would normally have been eliminated from the body. If this follow-up test is negative, the student will be allowed to resume extracurricular activities. If a second positive result is obtained from the follow-up test or any later test of that participant, the same previous procedure shall be followed. In addition, the District reserves the right to continue testing, at any time during the remaining school year, any participating student who tested positive and did not make satisfactory explanation.
5. Information on a verified positive test result will be shared on a need-to-know basis with the student's coach or sponsor. The results of negative tests will be kept confidential to protect the identity of all students being tested.
6. Drug testing result sheets will be returned to the principal/administrative designee, identifying students by number and not by name. Names of students tested will not be kept in open files or on any computer. Result sheets will be locked and secured in a location to which only the principal/administrative designee has access.
Financial Responsibility
1. Under this policy, the District will pay for all initial random drug tests, all initial reasonable suspicion drug tests, and all initial follow-up drug tests. (Once a student has a verified positive test result and has subsequently tested negative from a follow-up test, any future follow-up drug test that must be conducted will be paid for by the student or his/her parent/guardian.)
2. A request, on appeal, for another test of a positive urine specimen is the financial responsibility of the student or his/her parent/guardian.
3. Counseling and subsequent treatment by non-school agencies are the financial responsibility of the student or his/her parent/guardian.
Confidentiality
Under this drug-testing program, any staff, coach, or sponsor of the District who may have knowledge of the results of a drug test will not divulge to anyone the results of the test or the disposition of the student involved, other than in the case of a legal subpoena being made upon that person in the course of a legal investigation. Once again, this will underscore the District's commitment to confidentiality with regard to the program.
Other Rules
Apart from this drug-testing program, the Montana High School Association and the coaching staff/sponsor of each sport/activity have their own training rules and requirements. Coaches/ sponsors have the necessary authority to enforce those rules. Any student who violates a rule or requirement as a member of a team or activity will be subject to the consequences as defined in those rules and requirements.
Policy History:
Adopted on: April 13, 2004
Revised on:
3410
Student Health/Physical Screenings/Examinations
The Board may arrange each year for health services to be provided to all students. Such services may include, but not be limited to:
1. The development of procedures at each building for the isolation and temporary care of students who become ill during the school day.
2. Consulting services of a qualified specialist for staff, students, and parents.
3. Vision and hearing screening.
4. Scoliosis screening.
5. Immunization as provided by the Department of Health and Human Services.
Parents/guardians will receive a written notice of any screening result which indicates a condition that might interfere or tend to interfere with a student's progress.
In general, the District will not conduct physical examinations of a student without parental consent to do so or by court order, unless the health or safety of the student or others is in question. Further, parents will be notified of the specific or approximate dates during the school year when any non-emergency, invasive physical examination or screening administered by the District is conducted which is:
1. Required as a condition of attendance.
2. Administered by the school and scheduled by the school in advance.
3. Not necessary to protect the immediate health and safety of the student or other students.
Parents or eligible students will be given the opportunity to opt out of the above-described non-emergency, invasive physical examination or screening.
As used in this policy, the term "invasive physical examination" means any medical examination involving the exposure of private body parts or any act during such examination that includes incision, insertion, or injection into the body, but this does not include a hearing, vision, or scoliosis screening.
Students who wish to participate in certain extracurricular activities may be required to submit to a physical examination to verify their ability to participate in the activity. Students participating
in activities governed by the Montana High School Association will be required to follow the rules of that organization, as well as other applicable District policies, rules, and regulations.
All parents will be notified of the requirements of the District's policy on physical examinations and screening of students, at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy.
Legal Reference: § 20-3-324(20), MCA Powers and duties
General Education Provisions Act, 20 U.S.C. 1232h(b)
Policy History:
Adopted on: April 13, 2004
Revised on:
3413
Student Immunization
The Board requires all students to present evidence of their having been immunized against the following diseases: diphtheria, pertussis (whooping cough), poliomyelitis, measles (rubeola), mumps, rubella, and tetanus. Pertussis immunization is not required for students who are seven (7) years or older. Haemophilus influenza type "b" immunization is required for students under age five (5).
Upon initial enrollment, an immunization status form shall be completed by the student's parent or guardian. The certificate shall be made a part of the student's permanent record.
A pupil who transfers into the District may photocopy immunization records in the possession of the school of origin. The District will accept the photocopy as evidence of immunization. Within thirty (30) days after a transferring pupil ceases attendance at the school of origin, the District must receive the original immunization records for the pupil who transfers into the District.
Exemptions from one or more vaccines shall be granted for medical reasons upon certification by a physician indicating the specific nature and probable duration of the medical condition for not administering the vaccine(s). Exemptions for religious reasons must be filed annually. The statement for an exemption shall be maintained as part of the student's immunization record. The permanent file of students with exemptions shall be marked for easy identification should the Department of Health order that exempted students be excluded from school temporarily when the risk of contracting or transmitting a disease exists. Exclusion shall not exceed thirty (30) calendar days.
The Superintendent may allow the commencement of attendance in school by a student who has not been immunized against each disease listed in § 20-5-403, MCA, if that student has received one or more doses of polio, measles (rubeola), mumps, rubella, diphtheria, pertussis, Haemophilus influenza type "b", and tetanus vaccine.
The District shall exclude a student for noncompliance with the immunization laws and properly notify the parent or guardian. The local health department may seek an injunction requiring the parent to submit an immunization status form, take action to fully immunize the student, or file an exemption for personal or medical reasons.
Legal Reference: § 20-3-324(20), MCA Powers and duties
§ 20-5-401 - 410, MCA Health
Policy History:
Adopted on: April 13, 2004
Revised on:
3416
Administering Medicines to Students
Any school employee authorized in writing by the school administrator or school principal:
1. May assist in the self-administration of any drug which may lawfully be sold over the counter without a prescription to a pupil in compliance with the written instructions, if the pupil's parent or guardian consents in writing.
2. May assist in the self-administration of a prescription drug to a pupil in compliance with the written instructions of a practitioner, if the pupil's parent or guardian consents in writing.
No employee except a qualified health care professional may administer a drug or prescription drug to a pupil under this policy except in an emergency situation. Diagnosis and treatment of illness and the prescribing of drugs are never the responsibility of a school employee and should not be practiced by any school personnel.
Administering Medication
The Board will permit the administration of medication to students in schools in its jurisdiction. Pursuant to the written authorization of a physician or dentist, as well as the written authorization of a parent or guardian, the school nurse (who has successfully completed specific training in administration of medication) may administer medication to any student in the school or may delegate this task pursuant to Montana law.
Emergency Administration of Medication
In case of an anaphylactic reaction or the risk of such reaction, a school nurse or delegate may administer emergency oral and/or injectable medication to any student in need thereof on the school grounds, in the school building, or at a school function, according to the standing order of the chief medical advisor or the student's private physician.
In the absence of a school nurse, the administrator or designated staff member exempt from the nurse license requirement under § 37-8-103(1)(c), MCA, who has completed training in administration of medication, may give emergency medication to students orally or by injection. There must be on record a medically diagnosed allergic condition which would require prompt treatment to protect the student from serious harm or death.
Record of the medication administered in an emergency will be entered on an Individual Student Medication Record and filed in the student's cumulative health folder.
Self-Administration of Medication
Students who are able to self-administer specific medication may do so provided:
1. A physician or dentist provides a written order for self-administration of said medication.
2. There is written authorization for self-administration of medication from the student's parent or guardian.
3. The principal and appropriate teachers are informed that the student is self-administering prescribed medication.
Any school employee authorized in writing by the school administrator or principal may assist with self-administration of medications, provided that only the following acts are used:
1. verbal suggestions, prompting, reminding, gesturing, or providing a written guide for self-administering medications;
2. handing a prefilled, labeled medication holder, labeled unit dose container, syringe, or original marked, labeled container from the pharmacy to the student;
3. opening the lid of the above container for the student;
4. guiding the hand of the student to self-administer the medication;
5. holding and assisting the student in drinking fluid to assist in the swallowing of oral medications;
6. assisting with removal of a medication from a container for students with a physical disability which prevents independence in the act.
Handling and Storage of Medications
All medications, including those approved for keeping by students for self-medication, must first be delivered by the parent or other responsible adult to the nurse or employee assisting with the self-administration of medication. The nurse or the employee must:
1. Examine any new medication to ensure that it is properly labeled with dates, name of student, medication name, dosage, and physician's name.
2. If administration is necessary, the nurse must develop a medication administration plan for the student before any medication is given by school personnel.
3. Record on the Student's Individual Medication Record the date the medication is delivered and the amount of medication received.
4. Store medication requiring refrigeration at 36 F - 46 F.
5. Store prescribed medicinal preparations in a securely locked storage compartment. Controlled substances will be contained in a separate compartment, secured and locked at all times.
No more than a forty-five-(45)-school-day supply of a medication for a student will be stored at the school. All medications, prescription and nonprescription, will be stored in their original containers.
Access to all stored medication will be limited to persons authorized to administer medications or assist in the self-administration of medications. Each school will maintain a current list of those persons authorized by delegation from a licensed nurse to administer medications.
Disposal of Medication
School personnel must either return to the parent or destroy (with permission of the parent or guardian) any unused, discontinued, or obsolete medication. Medicine which is not repossessed by the parent or guardian within a seven-(7)-day period of notification by school authorities will be destroyed by the school nurse in the presence of a witness.
Legal Reference: 8.32.1701 - 1712, ARM Delegation and assignment
Policy History:
Adopted on: April 13, 2004
Revised on:
3417
Communicable Diseases
The District is required to provide educational services to all school-age children who reside within its boundaries. Attendance at school may be denied to any child diagnosed as having a communicable disease which could make the child's attendance harmful to the welfare of other students. In the instance of diseases causing suppressed immunity, attendance may be denied to a child with suppressed immunity in order to protect the welfare of the child with suppressed immunity when others in the school have an infectious disease which, although not normally life threatening, could be life threatening to the child with suppressed immunity.
The Board recognizes that communicable diseases which may afflict students range from common childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as human immunodeficiency virus (HIV) infection. The District shall rely on the advice of the public health and medical communities in assessing the risk of transmission of various communicable diseases to determine how best to protect the health of both students and staff.
Management of common communicable diseases will be in accordance with Montana Department of Health guidelines and communicable diseases control rules. A student who exhibits symptoms of a communicable disease which is readily transmitted in the school setting may be temporarily excluded from school attendance.
Students who complain of illness at school may be referred to the school nurse or other responsible person designated by the Board and may be sent home as soon as the parent or person designated on the student's emergency medical authorization form has been notified.
The District reserves the right to require a statement from the student's primary care provider authorizing the student's return to school. In all proceedings related to this policy, the District shall respect the student's right to privacy.
When information is received by a staff member or volunteer that a student is afflicted with a serious communicable disease, the staff member or volunteer shall promptly notify the school nurse or other responsible person designated by the Board to determine appropriate measures to protect student and staff health and safety. The school nurse or other responsible person designated by the Board, after consultation with and on the advice of public health officials, shall determine which additional staff members, if any, have need to know of the affected student's condition.
Only those persons with direct responsibility for the care of the student or for determining appropriate educational accommodation will be informed of the specific nature of the condition, if it is determined there is a need for such individuals to know this information.
Parents of other children attending the school may be notified that their child has been exposed to a communicable disease without identifying the particular student who has the disease.
Note: For purposes of this policy, the term "communicable disease" refers to the diseases identified in 16.28.202, ARM, Reportable Diseases, with the exception of common colds and flu.
Legal Reference: 37.114.101, et seq, ARM Communicable Disease Control
Policy History:
Adopted on: April 13, 2004
Revised on:
3431
Emergency Treatment
The Board recognizes that schools are responsible for providing first aid or emergency treatment in case of sudden illness or injury to a student, but that further medical attention is the responsibility of the parent or guardian.
Each parent or guardian must provide an emergency telephone number where the parent or designee of the parent can be reached.
When a student is injured, staff shall provide immediate care and attention until relieved by a superior, a nurse, or a doctor. The principal or designated staff member should immediately contact the parent so that the parent can arrange for care or treatment of the injured student.
If a child develops symptoms of illness while at school, the responsible school officials shall do the following:
a. Isolate the child immediately from other children in a room or area segregated for that purpose.
b. Inform the parent or guardian as soon as possible about the illness and request him or her to pick up the child.
c. Report each case of suspected communicable disease the same day by telephone to the local health authority, or as soon as possible thereafter if no contact can be made the same day.
In the event that the parent cannot be reached, and if in the judgment of the principal or person in charge immediate medical attention is required, the injured student may be taken directly to the hospital and treated by the physician on call. When the parent is located, he/she may elect to continue the treatment or make other arrangements.
A person with a currently valid American Red Cross Standard First Aid Card shall be present for all field trips, athletic and other off-campus events.
Legal Reference: 37.111.825, ARM Health Supervision and Maintenance
Policy History:
Adopted on: April 13, 2004
Revised on:
3520
Student Fees, Fines, and Charges
Within the concept of free public education, the District shall provide an educational program for the students as free of costs as possible.
A student may be charged a reasonable fee for any course or activity not reasonably related to a recognized academic and educational goal of the District or any course or activity held outside normal school functions. The Board may waive the fee in cases of financial hardship.
The Board delegates authority to the Superintendent to establish appropriate fees and procedures governing the collection of fees and to make annual reports to the Board regarding fee schedules. Fees may be required for the actual cost of breakage and of excessive supplies used in courses such as commercial, industrial arts, music, domestic science, science, or agriculture.
A student shall be responsible for the cost of replacing materials or property which are lost or damaged due to negligence. The student and parent shall be notified regarding the nature of the violation or damage, how restitution may be made, and how an appeal may be instituted. A student's grades or diploma may be withheld until restitution is made by payment. The student or parent may appeal the imposition of a charge for damages, to the Superintendent and the Board.
Legal reference: § 20-5-201, MCA Duties and sanctions
§ 20-7-601, MCA Free textbook provisions
§ 20-9-214, MCA Fees
Policy History:
Adopted on: April 13, 2004
Revised on:
3530
Student Fund-Raising Activities
The Board acknowledges that the solicitations of funds from students, staff, and citizens must be limited since students are a captive audience and since solicitation can disrupt the program of the schools. Solicitation and collection of money by students for any purpose, including the collection of money by students in exchange for tickets, papers, magazine subscriptions, or for any other goods or services for the benefit of an approved school organization, may be permitted by the Superintendent, providing that the instructional program is not adversely affected.
Policy History:
Adopted on: April 13, 2004
Revised on:
3535
Distribution of Fund Drive Literature Through Students
Although many community drives are organized for raising funds for worthy nonprofit causes, it is the policy of the District to refrain from having the students, as student body members, used for such collection or dissemination purposes.
Cross Reference: 4320 Contact with students
Policy History:
Adopted on: April 13, 2004
Revised on:
3600
Student Records
School student records are confidential, and information from them shall not be released other than as provided by law. State and federal laws grant students and parents certain rights, including the right to inspect, copy, and challenge school records. The information contained in school student records shall be kept current, accurate, clear, and relevant. All information maintained concerning a student receiving special education services shall be directly related to the provision of services to that child. The District may release directory information as permitted by law, but parents shall have the right to object to the release of information regarding their child. Military recruiters and institutions of higher education may request and receive the names, addresses, and telephone numbers of all high school students, unless the parent(s) notifies the school not to release this information.
The Superintendent shall implement this policy and state and federal law with administrative procedures. The Superintendent or a designee shall inform staff members of this policy, and shall inform students and their parents of it, as well as their rights regarding student school records.
Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99
§ 20-5-201, MCA Duties and sanctions
§ 40-4-225, MCA Access to records by parent
10.55.909, ARM Student Records
No Child Left Behind Act of 2001, P.L. 107-334
Policy History:
Adopted on: April 13, 2004
Revised on:
3600P
Student Records
Maintenance of School Student Records
The District maintains two (2) sets of school records for each student a permanent record and a cumulative record.
The permanent record shall include:
basic identifying information
academic transcripts
immunization records
attendance record
The cumulative record may include:
intelligence and aptitude scores
psychological reports
achievement test results
participation in extracurricular activities
honors and awards
teacher anecdotal records
verified reports or information from non-educational persons
verified information of clear relevance to the student's education
information pertaining to release of this record
disciplinary information
Information in the permanent record will indicate authorship and date and shall be maintained in perpetuity for every student who has been enrolled in the District. Cumulative records shall be maintained for eight (8) years after the student graduates or permanently leaves the District. Cumulative records which may be of continued assistance to a student with disabilities who graduates or permanently withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the student has succeeded to the rights of the parents.
The building principal shall be responsible for the maintenance, retention, or destruction of a student's permanent or cumulative records, in accordance with the District's procedure established by the Superintendent.
Access to Student Records
The District shall grant access to student records as follows:
1. The District or any District employee shall not release, disclose, or grant access to information found in any student record, except under the conditions set forth in this document.
2. The parents of a student under eighteen (18) years of age shall be entitled to inspect and copy information in the child's school records. Such requests shall be made in writing and directed to the records custodian. Access to the records shall be granted within fifteen (15) days of the District's receipt of such a request.
Where the parents are divorced or separated, both shall be permitted to inspect and copy the student's school records unless a court order indicates otherwise. The District shall send copies of the following to both parents at either one's request, unless a court order indicates otherwise:
a. Academic progress reports or records;
b. Health reports;
c. Notices of parent-teacher conferences;
d. School calendars distributed to parents/guardians; and
e. Notices about open houses and other major school events, including pupil-parent interaction.
When the student reaches eighteen (18) years of age, graduates from high school, marries, or enters military service, all rights and privileges accorded to the parent become exclusively those of the student.
Access shall not be granted to the parent or the student to confidential letters and recommendations concerning the admission to a post-secondary educational institution, applications for employment, or the receipt of an honor or award, if the student has waived his or her right of access, after being advised of his or her right to obtain the names of all persons making such confidential letters or statements.
3. The District may grant access to or release information from student records to employees or officials of the District or the Montana State Board of Education, provided a current, demonstrable educational or administrative need is shown, without parental consent or notification. Access in such cases shall be limited to the satisfaction of that need.
4. The District may grant access to or release information from student records without parental consent or notification to any person, for the purpose of research, statistical reporting, or planning, provided that no student or parent can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records.
5. The District shall grant access to or release information from a student's records pursuant to a court order, provided that the parent shall be given prompt written notice, upon receipt of such order, of its terms, the nature and substance of the information proposed to be released, and an opportunity to inspect and copy such records and to challenge their contents.
6. The District shall grant access to or release information from any student record, as specifically required by federal or state statute.
7. The District shall grant access to or release information from student records to any person possessing a written, dated consent, signed by the parent or eligible student with particularity as to whom the records may be released, the information or record to be released, and the reason for the release. One (1) copy of the consent form will be kept in the records, and one (1) copy shall be mailed to the parent or eligible student by the Superintendent. Whenever the District requests the consent to release certain records, the records custodian shall inform the parent or eligible student of the right to limit such consent to specific portions of information in the records.
8. The District may release student records to the superintendent or an official with similar responsibilities in a school in which the student has enrolled or intends to enroll, upon written request from such official.
9. Prior to the release of any records or information under items 5, 6, 7, and 8 above, the District shall provide prompt written notice to the parents or eligible student of this intended action. This notification shall include a statement concerning the nature and substance of the records to be released and the right to inspect, copy, and challenge the contents.
10. The District may release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. The records custodian shall make this decision, taking into consideration the nature of the emergency, the seriousness of the threat to the health and safety of the student or other persons, the need for such records to meet the emergency, and whether the persons to whom such records are released are in a position to deal with the emergency. The District shall notify the parents or eligible student, as soon as possible, of the information released, the date of the release, the person, agency, or organization to whom the release was made, and the purpose of the release.
1. The District may disclose, without parental consent, student records or information to the youth court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act or criminal laws by the student.
3600P
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2. The District will comply with an ex parte order requiring it to permit the U.S. Attorney General or designee to have access to a student's school records without notice to or consent of the student's parent(s)/guardian(s).
3. The District charges a nominal fee for copying information in the student's records. No parent or student shall be precluded from copying information because of financial hardship.
14. A record of all releases of information from student records (including all instances of access granted, whether or not records were copied) shall be kept and maintained as part of such records. This record shall be maintained for the life of the student record and shall be accessible only to the parent or eligible student, records custodian, or other person. The record of release shall include:
a. Information released or made accessible.
b. The name and signature of the records custodian.
c. The name and position of the person obtaining the release or access.
d. The date of the release or grant of access.
e. A copy of any consent to such release.
Directory Information
The District may release certain directory information regarding students, except that parents may prohibit such a release. Directory information shall be limited to:
name
address
gender
grade level
birth date and place
parents'/guardians' names and addresses
academic awards, degrees, and honors
information in relation to school-sponsored activities, organizations, and athletics
major field of study
period of attendance in school
The notification to parents and students concerning school records will inform them of their right to object to the release of directory information.
Military Recruiters/Institutions of Higher Education
Pursuant to federal law, the District is required to release the names, addresses, and telephone
numbers of all high school students to military recruiters and institutions of higher education upon request. The notification to parents and students concerning school records will inform them of their right to object to the release of this information.
Student Record Challenges
The parents may challenge the accuracy, relevancy, or propriety of the records, except (1) grades, and (2) references to expulsions or out-of-school suspensions, if the challenge is made when the student's school records are being forwarded to another school. They have the right to request a hearing at which each party has:
the right to present evidence and to call witnesses;
the right to cross-examine witnesses;
the right to counsel;
the right to a written statement of any decision and the reasons therefor;
the right to appeal an adverse decision to an administrative tribunal or official, to be established or designated by the State Board.
The parents may insert a written statement of reasonable length describing their position on disputed information. The school will include the statement in any release of the information in dispute.
Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99
§ 20-5-201, MCA Duties and sanctions
§ 40-4-225, MCA Access to records by parent
§ 41-5-215, MCA Youth court and department records notification of school
10.55.909, ARM Student records
Procedure History:
Promulgated on: April 13, 2004
Revised on:
3606
Transfer of Student Records
A certified copy of the permanent and/or cumulative file of any student and the file containing special education records of any student shall be forwarded by mail or electronically to a local educational agency or accredited school in which the student seeks to or intends to enroll, within five (5) working days after receipt of a written or electronic request. The files that are forwarded must include education records in the permanent file [i.e., name and address of the student, name of parent/legal guardian, date of birth, academic work completed, level of achievement (grades, standardized tests) and immunization records*], special education records**, and any disciplinary actions taken against the student that are educationally related.
If the records cannot be transferred within five (5) days, the District shall notify the requestor, in writing or electronically, providing the reasons why the District is unable to comply with the five-(5)-day time frame. The District shall also include in that notice the date by which the requested records will be transferred. A request for the transfer of records shall not be refused because the student owes fines or fees.
NOTES: * The original immunization record must be forwarded to the requesting district within thirty (30) days after a transferring pupil ceases attending the District.
** Based upon the position and advice of the Office of Public Instruction, Districts are to send the original special education file and not maintain a copy, in order to preserve confidentiality of the records.
Cross Reference: 3413 Student Immunization
3600 - 3600P Student Records
3606F Records Certification
Legal Reference: § 20-1-213, MCA Transfer of school records
Policy History:
Adopted on: April 13, 2004
Revised on:
3606F
RECORDS CERTIFICATION
I, (name of custodian of records), the duly appointed custodian of records for the Three Forks School District No. J-24, Gallatin County, State of Montana, pursuant to § 20-1-213, MCA, do hereby certify that the attached is a true and correct copy of the student records of (name of student), maintained in my possession and under my control.
DATED this _____ day of _______________, 20__.
__________________________________________
Custodian of Records
Three Forks School District No. J-24
( S E A L )
3608
Receipt of Confidential Records
The District is eligible to receive the case records of the Department of Public Health and Human Services and its local affiliate, the county welfare department, the county attorney, and the court, concerning actions taken and all records concerning reports of child abuse and neglect. These records shall not be included in the student's permanent file and shall be kept confidential as required by law.
The following individuals are authorized by the trustees to receive information with respect to a student of the District who is a client of the Department:
1. Building Principal
2. Counselor
When the District receives information pursuant to law, it is the responsibility of the authorized individual to prevent the unauthorized dissemination of that information.
Cross Reference: 3600 - 3600P Student Records
Legal Reference: § 41-3-205, MCA Confidentiality disclosure exceptions
Policy History:
Adopted on: April 13, 2004
Revised on:
3612
District-Provided Access to Electronic Information, Services, and Networks
General
Internet access and interconnected computer systems are available to the District's students and faculty. Electronic networks, including the Internet, are a part of the District's instructional program in order to promote educational excellence by facilitating resource sharing, innovation, and communication.
In order for the District to be able to continue to make its computer network and Internet access available, all students must take responsibility for appropriate and lawful use of this access. Students utilizing school-provided Internet access are responsible for good behavior on-line. The same general rules for behavior apply to students' use of District-provided computer systems. Students must understand that one student's misuse of the network and Internet access may jeopardize the ability of all students to enjoy such access. While the District's teachers and other staff will make reasonable efforts to supervise use of network and Internet access, they must have student cooperation in exercising and promoting responsible use of this access.
Curriculum
The use of the District's electronic networks shall be consistent with the curriculum adopted by the District, as well as the varied instructional needs, learning styles, abilities, and developmental levels of the students, and shall comply with the s