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TABLE OF CONTENTS
A. School Philosophy and Goals and Objectives – Pages 9-10
B. School Board Operations – Pages 11-19
BA Authority
BB Powers and Duties
BC Goals and Objectives
BCA Board Communications with Public
BD Officers
BE Meetings
BEA Public Participation at Board Meetings
BF Minutes
BG Policy Formulation Duties
BH The Superintendent and Board Policy
BI New, Amendment, Suspension or Rescinding of Board Policy
BJ Patron Complaints
BJA Hearing Complaints
BK Code of Ethics
BL Management and Rights Clause
BM Board Compensation
C. Administrative Organizations – Pages 20-26
CA Selection and Appointment of the Superintendent
CB Duties of the Superintendent
CC Evaluation of Superintendent’s Performance
CCA Superintendent Evaluation Policy
CCB Superintendent Contract Renewal Policy
CD Principals’ Qualifications
CE Duties and Responsibilities of the Principals
CF Evaluation of Principals’ Performances
CG School Board – Administration – Staff Relationships
CH School Climate
D. Fiscal Management – Pages 27-32
DA Legal Status of the Business Manager
DB Duties and Responsibilities of the Business Manager
DC District Business Management Procedures
DD Financial Records Audit Procedures
DE Evaluation of the Business Manager’s Performance
DF Travel/Time Sheet Claim Vouchers
DG Impact Aid Students
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E. Building and Grounds Management – Pages 33-37
EA Insurance
EB Safety and School Closing Procedures
EC Asbestos Management Procedures
ED Use of School Building/Facilities
EDA Adult Recreation and Open Gym Policy
EDB Family Night Policy
EE Repairs and Renovation
EF Vandalism to School Property
EG School Closures
F. Equipment and Supplies Management – Pages 38-39
FA Insurance
FAA Independent Insurance Valuation
FB Inventory Procedures
FC Textbook Selection and Replacement Procedures
FD Private Use of School Equipment
G. Transportation Management – Pages 40-42
GA Insurance
GB Inventory and Replacement Procedures
GC Care and Maintenance of Buses
GD Use by Non-School Organizations
GE Use of Private Vehicles
GF Drug and Alcohol Testing
GG Activity Driving Compensation
H. Food Services Management – Pages 43-44
HA Food Service Authorized Representative
HB Free/Reduced Price Lunch Procedures
HC Sanitation and Health Requirements
HD Contract Services to Community Daycare
I. Activities Program Management – Pages 45-49
IA Appointment of an Activities Director
IB Duties and Responsibilities of the Activities Director
IC Assignment of Extra-Curricular Personnel
ID Non-Renewal of Extra-Duty Assignment
IE Membership in the NDHSAA
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IF Extra-Curricular Participation Requirements
IG School Rules at Home and Away Activities
J. Insurance Program Management – Pages 50-51
JA Staff Insurance Program
JB Student Insurance Program
JC School Board Member Insurance Program
JD Chief Administrator Insurance Program
JE School District Insurance Program
K. Instructional Staff Personnel – Pages 52-78
KA General Duties of Teachers
KB General Requirements and Procedures for Employment
KBA Instructional Staff Extra Duty
KC Substitute Teachers
KCA Substitute Teacher Payment
KCB Teacher Absence and Substitute Teacher Policy
KD Teacher Evaluation
KE Teachers’ Meetings
KF Supervision of Student Teachers
KG Termination of Employment
KGA Reduction in Force Policy
KGB Teacher Discharge for Cause
KH Professional Staff Personnel Records
KI Review of Personnel Records
KIA Inspection of Teacher Files Policy
KJ Grievance Procedures
KJA Personnel Grievance Policy
KK Attendance at NDEA and Administrators Conferences
KKA Attendance at Teachers Convention Policy
KL Use of School Equipment/Property for Personal Use
KM Leaves
KMA Sabbatical Leave
KMAB Sabbatical Leave Policy
KMB Child Care Leave and Family and Medical Leave
KMBA Child Care Leave Policy
KMBB Family and Medical Leave Policy
KMC Sick Leave
KMCA Sick Leave Payment
KMD Short Term Leaves
KMDA Short Term Leave of Absence Policy – Certified Staff
KMDB Personal Leave
KMDC Professional Leave
KMDD Emergency Leave
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KME Other Leaves
KO Drug Free Workplace
KOA Drug Free Workplace Policy
KOB Alcohol and Drug Abuse Policy – Employee
KP Early Retirement
KQ Contagious Diseases
KQA Significant Contagious Diseases Policy
KR Patron/Parent Complaint Procedures
KS Professional Development Plan
KSA Professional Development Plan Policy
KT Enrollment, Class Size, Combination Classes, RIF-Health
KTA Enrollment Sizes
KTB Class Size
KTC Courses and Combination Classes
KTD Multiple School Assignments
KTE RIF – District Health Payment
L. Non-Instructional Staff Personnel – Pages 79-84
LA Classification of Employees
LB Employment and Dismissal
LC Duties and Responsibilities
LD Supervision and Assignment of Duties
LE Hours of Duty
LF Wages and Fringe Benefits
LG Vacation Days
LH Physical Examinations
LI Drug and Alcohol Testing
LIA Drug and Alcohol Testing for Employees
LJ Family and Medical Leave
LK Technology Coordinator Position
LL Short Term Leave of Absence
LLA Short Term Leave of Absence Policy – Ancillary Staff
LLAA Personal Leave
LLAB In-Service Leave
LLAC Emergency Leave
LLAD Sick Leave
M. Student Body – Pages 85-110
MA Student Handbook Regulations
MB Entrance Requirements
MC Admission of Non-Resident Students – Tuition
MCA Open Enrollment Policy
MCB Tuition Fees
MCC Admission of Non-Resident Students
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MD Maintenance and Dissemination of Pupil Records
ME Suspension and Expulsion
MEA Drug Use and Abuse Policy – Student
MF Due Process Procedures – Suspension and Expulsion from School
MG Promotion and Retention
MGA Elementary Retention/Promotion Policy
MGB Junior/Senior High Promotion and Retention Policy
MH Parent Teacher Conferences – Progress Reports
MI Interrogations by Law and Social Service Authorities
MIA Elementary Retention/Promotion Policy
MIB Reporting Child Abuse and Neglect
MJ Search of Student Lockers and Personal Property
MJA Video Surveillance and Recording
MK Special Education
ML Attendance and Absence
MLA Attendance and Absence Policy
MM Post-Secondary Dual Credit and Advanced Placement
MMA Post-Secondary Dual Credit Policy
MMB Advance Placement
MN Home Education Procedures
MO Cell Phone Usage
MOA Cell Phone Usage Policy
MP Acceptable Use Policy-Technology
MQ Dress Code
MR Driver Education
N. General Policies – Pages 111-158
NA Public Relations
NAA Patron Complaints
NAB Patron Complaints on Personnel
NAC Patron Complaints on Instructional Materials
NB Disease Control
NBA Head Lice Control Policy (Pediculoses)
NC Child Abuse and Neglect
ND Civil Rights Compliance
NDA Non-Discrimination Policy
NE Family Night
NF Procedures for Administering Medication in the School
NFA Administering Medication to Student Policy
NG Employee and Student Safety Procedures
NGA Safety Policy – Philosophy Statement Policy
NGB Bullying
NGBA MLS Bully Policy
NGBB Reporting Guidelines
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NGBC North Dakota Bully Law
NGBD MLS Bully Forms
NGC Restraint or Seclusion Policy
NGD Wellness Policy
NGE Tobacco Policy
NGF Carrying Weapon/Firearms Policy
NH Employee Assistance Program
NI Federal Title Program Administration
NIA Federal Dispute and Resolution
NIB Title 1 Parental Involvement
NIC Parental Involvement
NID Dispute Resolution and Homeless
NIE English Language Learner
NJ Crisis Intervention Plan
NIA Crisis Intervention Plan Policy
NK Harassment
NKA Sexual Harassment Policy
NM Meal Charges and Cafeteria
NN School Short Term Closures
NO Others
III. EXHIBITS
Grades Form
MDC Parent/Guardian Authorization for Release of Student Records
MEA Report of Alleged Violations of “Use and Possession of
Alcohol, Tobacco, and Drugs”
MEB Class Disturbance Slip
MKA Step One (1) Procedures – Special Education Referral
MLA Summer Remedial Program Attendance Policy
MMA Dual Credit Enrollment Application
MNA Home School Monitoring Report
MNB Home School Parent Notification Form
NCA Report of Suspected Child Abuse or Neglect Form
NDA Title VI of the Civil Rights Act of 1964
NDB Title IX of the Education Amendments of 1972
NDC Section 504 of the Rehabilitation Act of 1973
NDD Civil BEA School Board Attendance Payment Request
BJA School District Patron Complaint Form
CAA Superintendent Application Form
CAB Superintendent’s Contract Form
CCA Superintendent Evaluation for Growth Form
CDA Elementary/Secondary Principal Application Form
CFA Instrument for Evaluation – Elementary Principal
CFB Instrument for Evaluation - Secondary Principal
DBA Business Manager Work Schedule and Job Description
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DCA Record of Disposed Financial Records
DDA Income Tax Withholding Statement (W-4)
DEA Business Manager Evaluation for Growth Form
DFA Travel/Time Sheet Voucher
DGA Transmittal Letter and Impact Aid Survey
EBA Fire and Emergency Evacuation Procedures
EBB Tornado Alert Procedures
GCA Bus Usage and Mileage Log
GCB Weekly Maintenance Report
GCC Bus Driver Final Report
GEA Volunteer Driver Information
GEB Permission to Ride in Private Vehicle
HDA Day Care Meals – Reimbursement Form
IBA Coach’s Evaluation Form
IBB Activity Participant Absence Request
ICA Coaching Staff/Athletic Director Job Description
KAA Elementary Faculty Handbook (See “Handbook” Section)
KAB Secondary Faculty Handbook (See “Handbook” Section)
KBA Teachers’ Contract Form
KCA Substitute Teacher Stipend Request
KCB Class Supervision Stipend Request
KDA Instrument for Evaluation – Elementary/Secondary Teacher
KGB Hearing Procedure for teacher discharge for cause
KIA Request to Review Personnel Files
KIB Request for Removal of Personnel File Records
KJA School District Employee Grievance Report
KKA NDEA Convention Attendance Stipend Request
KNA Family and Medical Leave Regulations
KNB Certificate of Health Condition
KOA Drug Abuse – Situational Chart
KPA Early Retirement Agreement
KSA Sick Leave Accumulation/Usage Record
KTA Request for Leave Form
KTB Log of Employee Absences
KUA Education Hours Earned – Reimbursement Request
LBA Application for Employment – Non-Certified Personnel
LCA Non-Certified Personnel Work Schedule and Job Description
LDA Instrument for Evaluation – Non-Certified Personnel
LFA Wage and Benefit Notification – Non-Certified Personnel
LFB Non-Certified Staff Withholding Statement – W-4
LIA D&A Testing – Administrative Regulations
LIB Omnibus Employee Testing Act – Drug and Alcohol Rules
LIC MedCenter One – Testing Procedures
LID D&A Testing – Employee Statement of Receipt
LKA Technology Coordinator Duties
MAA Elementary Student/Parent Handbook (See “Handbook”)
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MAB Secondary Student/Parent Handbook (See “Handbook”)
MCA Open Enrollment Application
MCB Resident District Listing of Open Enrollment Applications
MCC Admitting District Listing of Open Enrollment Applications
MDA Student Checking Out and Transfer Slip
MDB Transcript of High School Rights Grievance Procedures
NFA Record of Administration of Medicine Form
NGA Certificate of Insurance Report
NGB Hold Harmless – Liability Release (Individual)
NGC Request to Use Facilities (Organization)
NHA Title I Junior High Mathematics Selection Form
NHB Title I Classroom Teacher Consultation Report
NHC Title I Eligibility Pool and Selection Process
NHD Title I Parent Acceptance/Rejection Form
NHE Title I School/Student/Parent Compact Agreement
NHF Title I Parent Involvement Procedures
IV. HANDBOOKS
KAA Elementary Faculty Handbook
KAB Secondary Faculty Handbook
MAA Elementary Student/Parent Handbook
MAB Secondary Student/Parent Handbook
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NU FAMILY AND MEDICAL LEAVE LAW
SCHOOL PHILOSOPHY, GOALS AND OBJECTIVES
MISSION:
Mohall Lansford Sherwood Schools mission is to provide a quality education through a comprehensive curriculum, including academics and activities. Focusing on each student in relation to her/his interests, needs, individual ability, capacity, and worth as a person, and which allows each student the opportunity to develop intellectually, socially, physically, and vocationally in order to become a productive member of society in our rapidly changing and complex technological world.
PHILOSOPHY
Our school deals with youth and their individual interests and personalities. Our school not only serves the Educational Function of our students, we will also provide instruction that models the values of Respect for others, Responsibility for one’s actions, and Reliability for completion of their tasks.
Mohall Lansford Sherwood School will relate itself to the environment it is to serve – student and community. It is necessary that our school continually assesses the changes underway in society both from a domestic and global perspective, defines our goals in relation to definite trends in society and move toward the implementation of the necessary adjustment to affect these changing Goals, Values, Objectives, and Behaviors. In addition, a school must be aware of changes in family structure and society in general and must attempt to provide a safe, healthy and friendly environment.
Our responsibility is to motivate every student to optimum individual achievement as well as to promote effective group and social skills, and above all to increase the quality, rate of retention of learning. Our dedication and commitment will be directed to the premise that every student shall receive an appropriate type of education with the “Least Restrictive Environment.”
GOALS AND OBJECTIVES
1. To provide instruction by providing a competent, compassionate staff that is adequately trained to provide for the social, academic, vocational needs of the students they serve.
2. To enable students to discover interests and abilities through the many exploratory courses offered.
3. To encourage a learning process that not only develops the habit of independent thinking but also develops respect for opposing views.
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4. To provide instruction on those technologies that is within the capabilities of the school district.
5. To provide a curriculum that develops an awareness of the responsibilities each student has toward his/her own physical, mental and emotional health, including drug and sexual activities.
6. To prepare adequately for college and technical schools for those who will pursue post-secondary training.
7. To provide a basic foundation for employment for those who will not continue formal education beyond high school
8. To develop an extra-curricular program of activities that will promote lifetime social interaction skills and leisure time activities for adulthood.
9. To provide opportunities that challenge students and that develop critical thinking and problem solving abilities.
10. To provide an atmosphere for learning that recognizes the right of all students to instruction that is not unduly influenced by the inappropriate conduct of others.
11. To promote an awareness of the importance of a positive self-concept and to encourage activities that promotes a better feeling about oneself.
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B. SCHOOL BOARD OPERATIONS
BA Authority
The School Board of the Mohall Lansford Sherwood Public School District #1 exists and derives its powers from the Constitution and Acts of the Legislature of the State of North Dakota. The various laws and amendments, under which the School Board operates, are commonly bound under the title "North Dakota Century School Code."
BB Powers and Duties
Section 15-28 of the North Dakota Century Code (NDCC) deals with the selection and membership of the School Board.
The general powers and duties of the public school officers are set forth in Section 15-29 of the NDCC. Section 15-29-08 lists the specific powers and duties of the School Board.
The Board, being elected by the legal voters of the District, is accountable to the people of the District and the State. Its primary function is to provide the best educational opportunities for the youth of the School District. In order to carry out this function, the Board should secure a superintendent who will act as the executive officer of the school system.
The primary function of the Board is policy making along with evaluating all proposals and criticisms for the entire school program. The Board delegates to the superintendent of the schools the administrative function of carrying out the legislative and policy-making responsibilities.
The board will develop policies to conform to legal mandates, local needs, and resources and delegates to the superintendent the executive responsibility of carrying out these policies. The superintendent, in turn, may delegate these responsibilities to staff members and they will be responsible to the superintendent for these assigned duties.
A School Board member, as an individual, has no official power, since only the action of the Board as a whole is recognized by law. Policy for the School Board operation will come from the whole Board through its deliberations and actions in formal Board Meetings. School Board members must be open-minded and represent the District and all of its children without partisanship or special interests.
BC Goals and Objectives
The chief responsibilities, goals and objectives of the School Board are as follows:
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a. To uphold the Constitution of the United States and the State of North Dakota, especially in the area of public education.
b. To develop, study and improve the educational program.
c. To provide the best teaching personnel for staffing the school.
d. To provide and maintain an educationally sound and efficient physical plant.
e. To secure adequate financial resources to carry out the educational program.
f. To maintain open communications with the community and the school.
g. To understand the present and long-range needs of the school district and develop the ways and means to bring these needs forward for consideration.
h. To evaluate the performance of the superintendent in conformance with the guidelines set forth in the North Dakota Century Code.
BCA Board Communication with Public
As members of the MLS School Board, individual board members may be contacted by the public with questions, comments, or concerns related to school matters. When approached by the public for these reasons, MLS School Board members shall comply with the applicable portions of the following procedure:
a. Explain that individual board members have no authority to act on behalf of the Board.
b. Explain that because board members serve as the “jury” when a licensed staff member (e.g., teacher, principal, or superintendent) is being considered for nonrenewal or discharge, board members must maintain their impartiality in the event of such a hearing. Consequently, board members must not hear complaints about licensed staff.
c. Explain that the Board has developed complaint procedures to handle public concerns and complaints and refer the complainant to the appropriate source under policy for further investigation.
If the communication concerns a comment or concern about the MLS School Board or for which the Board has not established a policy, the matter shall be referred to the MLS School Board President.
To ensure compliance under the open meetings law, board members shall not forward or discuss correspondence from the public with other board members outside the context of an open meeting except as otherwise stipulated above. In addition, the Board shall comply with the protocol contained in all policies related to complaints, some of which may prohibit an appeal to the Board.
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BD Officers
The Organizational Meeting for the election of officers shall be held on the second Tuesday in July, unless changed by Board action. The following officers shall be elected: a President and a Vice-President.
Each officer shall be elected by a majority of the voting members present. The term of each officer shall be for a period of one year. Each officer shall perform the official duties of the office as designated by the School Board. The duties of the officers of the School Board shall be as follows:
a. The president of the Board shall have the usual powers and shall appoint all committees unless otherwise ordered by the Board.
b. The vice-president shall perform the duties of the president in the absence of the president and shall perform other functions as designated by the Board.
The Business Manager shall receive, hold custody, and expend all funds as directed by the School Board and shall keep records of all meetings, prepare and sign all legal documents, and perform other duties as prescribed by law.
BE Meetings
The School Board shall transact all business at regular or special meetings of the Board.
Regular monthly meetings shall be held on the second Tuesday of each month. Special meetings for the purpose of transacting specific items of business may be called by the president or by three members of the Board by notice to all Board members and notice to public. The superintendent shall be in attendance at all meetings unless other business necessitates his/her absence. The rules of parliamentary procedure dictated in Robert's "Rules of Order" shall govern the Board in its deliberations. Rules may be amended at any meeting by a majority vote of those present.
Board members who wish to place a special topic for discussion on agenda shall notify the president or superintendent at least 24 hours before the start of the scheduled meeting.
BEA Public Participation at Board Meetings
Meetings of the School Board are conducted for the purpose of carrying out the business of the schools, and therefore are not public meetings, but meetings held in public. Although there is no legal requirement that the public be given an opportunity to speak at board meetings, it will be the policy of this Board to afford an opportunity in accordance with the following procedures:
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Items of Discussion
Only items on the published board agenda will be discussed at any meeting of the Board, unless the superintendent or a board member requests an addition to the agenda of a regular meeting and is approved by board members present. Members of the public who wish to make formal presentations before the Board should make arrangements in advance with the Superintendent so that such presentations may be scheduled on the agenda. However, placement on the agenda is subject to approval of the Superintendent and/or Board President.
The Board may, at its discretion, allow public comment on agenda items. In those instances where public comment is allowed, no individual may speak more than once. When public comment has been sought, the speaker should:
a. Stand during the hearing period and be recognized by the President.
b. State name and address for the minutes.
c. Limit comments to no more than five minutes, unless the President waives the time limit.
Groups will be urged to designate a spokesperson. When there are a large number of speakers to be heard or if pressure of business or other circumstances dictate, the Board President may decide to shorten the length of time allowed each speaker and/or limit the total time to be devoted to public comment.
Conduct and Remarks Out of Order
Undue interruption or other interference with the orderly conduct of board business cannot be allowed. Defamatory or abusive remarks are out of order. The presiding officer may terminate the speaker’s privilege of address if, after being called to order, he/she persists with improper conduct or remarks.
Questions and Comments by Board and District Administrator
Board members and the district administrator may question a speaker or make comments in response to the speaker’s remarks.
-OR-
The President or an appropriate member of the administration will answer all pertinent questions verbally or in writing at a later time. There will be no dialogue between board members and the public at board meetings except to clarify the nature of questions or comments.
Charges, Complaints, or Challenges
At a public board meeting no person may orally initiate charges or complaints against individual district employees or challenge instructional materials used in
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the district. All complaints or challenges to instructional materials should be presented to the district administrator or the Board in writing, signed by the complainant. All such written complaints or challenges, if presented to the Board directly, will be referred to the district administrator for referral to the proper committee. Charges or complaints against individual district employees will be dealt with according to Policy.
Discussion of Motion
When a motion is before the Board, discussion will be limited to board members and the Superintendent except when the President requests information.
These procedures are intended to:
a. Allow everyone, who wishes it, a fair and adequate hearing on non-personnel related matters.
b. Allow the Superintendent to take direct action or to recommend action to the Board when the Board has already established policies.
c. Minimize the possibility of the Board making illegal, or improper rulings due to absence of adequate information and study, as in when a policy does not exist, a policy change is proposed or an exception to policy is requested.
d. Time allotted does not interfere with the scheduled business of the Board.
BF Minutes
The Business Manager will submit a preliminary copy to each Board Member as soon as practicable. Change requests shall be through the president, and corrected minutes shall be published with a statement that minutes are not approved until acted upon at the next regular meeting.
BG Policy Formulation Duties
The Board should be devoted toward providing, through democratic procedures, the best school program, which is accessible by every resident child in the District. Their policy formulation duties consist of the following:
1. General Functions
Legislate and establish general policies such as the scope of educational offerings from prekindergarten through grade twelve; establish a school calendar; determine expenditures for education; set the direction for facility use; employ a professional school executive to administer the district and evaluate and appraise that service.
2. Functions Related to Professional and Non-professional Employees
Adopt pay scales; elect or reject employees on the nomination of the superintendent; ratify contracts; and determine principles of treatment of
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employees.
3. Functions Related to Finances
Approve and adopt an annual budget; determine the size of and length of bond levy proposals for the electors; and adopt regulations accounting for all school funds.
4. Functions Related to Curriculum Offerings
Determine the general scope of local educational offerings, in addition to those required by law; adopt policies on instructional procedures related to controversial issues that fall within the limits of law and academic freedom.
5. Functions Related to School Plant
Decide facility needs, alterations, or locations. Be allowed to select and employ school architects. Determine staffing needs for facility upkeep all with the counsel of the superintendent.
6. Functions Related to Pupils
Authorize the establishment of special school programs, classes or other facilities for pupils who have physical or mental disabilities; determine the general requirements for graduation; provide for protection of health through uses of school lunches, county health and police officials; make regulations regarding punishment, truancy, and delinquency.
7. Functions Related to Public Regulations
Represent the community's attitude toward the kind of facilities for education and interpret these attitudes to the superintendent; inform citizens and citizen groups on the condition of the schools; intercede for adequate State financial support for the schools.
BH The Superintendent and Board Policy
The Board shall delegate to the superintendent of schools as Executive Officer of the District the powers to execute its policies. Instructions to employees as to the execution of their duties shall come from the superintendent or someone designated by him/her. In the absence of written policy, the superintendent shall take action to handle or resolve a problem and report any action taken to the Board.
BI New, Amendment, Suspension and Rescinding of Board Policy
New or existing board policy will be addressed through the following procedure: A motion to add or amend an existing policy is presented by a Board member at a regular board meeting; this is the first reading. The motion is restated at the following school board meeting by the member who originally made the motion; this is the second reading. The motion is now open to be seconded and, if seconded, is voted upon. The action takes effect immediately if approved, unless the motion called for an effective date at a later time.
Only those policies not established by law or negotiated agreement may be
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temporarily suspended, and then only by a two-thirds vote of board members present at a regular or special meeting.
Any policy the board wishes to remove or replace must have a motion to rescind the old policy. The board is to direct the superintendent to strikeout rescinded policy language from master copies of district handbooks and policy manuals.
BJ Patron Complaints
Constructive criticism of the schools is welcomed by the MLS School Board whenever it is motivated by a sincere desire to improve the quality of the educational program or to equip the schools to do their tasks more effectively. The Board has however, confidence in its professional staff and desires to support their actions in order that they are free from unnecessary, spiteful, or negative criticism and complaint. Therefore, whenever a complaint is made directly to the Board as a whole or to a board member as an individual, it will promptly be referred to the school administration for study and possible solution.
Since individual board members have no authority to resolve complaints, other than by formal board action, administrators are expected to follow up on all complaint referrals and to advise the board members of the nature of the complaint and the action(s) taken. The Board expects that the administration will develop a procedure for receiving complaints courteously and that it will take steps to make a proper reply to the complainant. This follow-up should generally take the form of a brief written memorandum to the board members.
Anonymous complaints provide no avenue for response or redress of the complaint. An unsigned complaint will not be read or acted upon at any meeting of the board and anonymous telephone complaints will not be brought to the board by any individual board member, administrator, or other employee. No disciplinary action will be initiated based solely on an anonymous complaint; however the administration will investigate every anonymous complaint.
The Board will not consider or act upon complaints that have not been explored at the appropriate administrative level or complaints for which specific resolution procedures have been established that do not include board review.
Complaints for which specific resolution procedures are provided shall be directed through those channels. This includes complaints about personnel and complaints about instructional materials.
Complaints should be resolved at the lowest possible level of authority. If resolution of the problem seems unlikely at the building level either party is encouraged to refer the matter to the Superintendent for his review.
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If all other remedies have been exhausted, and a non-personnel related complaint has not been satisfactorily resolved, the complainant may request that the matter be placed on the agenda of the next regular meeting of the Board. The complaint shall be presented in writing and included in the agenda materials provided to the Board prior to the meeting. Generally all parties involved, including the administrator(s), shall be asked to attend such a meeting for purposes of presenting additional facts, making further explanations, and clarifying the issues.
If the Board decides to hear the complaint, the Board shall make a decision that shall be sent to all interested parties. If the decision alters policy, the procedures for suspending, amending or adopting policy shall be followed. Complaints concerning personnel will be heard only in accordance with applicable statutes.
BJA Hearing Complaints
Complaints against the school policies or employees shall be heard and considered in one or more of the following ways:
a. The complaining party shall be encouraged to address his/her grievance in person to the appropriate administrator for investigation.
b. The complaining party shall be requested to put his/her complaint in writing for consideration by the administration and/or entire Board.
c. The complaining party shall be invited by the administration to appear before the school board at its next meeting if the administration is unable to determine a satisfactory solution.
Generally, if a patron has a question about the operation of the school, he/she is encouraged to contact the administrator closest to the situation.
BK Code of Ethics
A standard of conduct for Board members is necessary to provide a sound foundation upon which Board members can build meaningful relationships with the community, parents, students, and the school staff. The Board will strive to adhere to the following Code of Ethics.
a. We must truly commit ourselves to attending every meeting of the Board, being prepared to take action or make a decision by studying beforehand the issues or problems that we will face at those meetings.
b. We must serve in the best interest of children. Every decision we make, every action we take must benefit children.
c. We must never surprise our fellow Board members or the superintendent by bringing up issues or topics in public that our colleagues are not prepared to discuss.
d. We must base our decisions and actions upon objective evidence and our personal judgment. We must refuse to yield to pressure from influential individuals or special-interest groups.
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e. We must recognize the limits of our authority as Board members. We must avoid making commitments that we don't have the authority to make. Also, it is important for us to support all lawful decisions of the Board--regardless of how we may have voted as individual members.
f. We must not take individual action that will broaden the liability of the school district, the Board, or the administration.
g. We must not try to heighten our popularity by ducking controversy or blaming others in an attempt to avoid taking responsibility for our actions.
h. We should provide for competent, impartial, informative, and thorough evaluation of all members of the staff.
i. We must work to develop and maintain a good relationship with the superintendent and his/her staff. We shouldn't undermine the authority of the superintendent or his/her staff, or interfere with the day-to-day operations of the school.
BL Management and Rights Clause
The School Board, on its own behalf and on behalf of the electors of the School District, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the Laws and the Constitution of the State of North Dakota and of the United States, including but without limiting the generality of the foregoing, the right:
a. To executive management and administrative control of the school system and its properties and facilities, and the school activities of its employees;
b. To hire all employees, and subject to the provisions of the Law, determine their qualifications and the conditions for their continued, or their dismissal or demotion, and to promote all such employees;
c. To establish grade levels and courses of instruction, including special programs, and to provide for athletic, recreational, and social events for students, all as deemed necessary or advisable by the School Board;
d. To decide upon the means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aids of every kind and nature;
e. To determine class schedules; the school calendar; the hours of instruction; and the duties, responsibilities, and assignment of and other employees with respect thereto, and with respect to administrative and non-contractual school activities, and the terms and conditions of employment.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the board of education, the adoption of policies, rules, regulations and practices in furtherance thereof; and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of the local professional negotiations agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and Law of the
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State of North Dakota, and the Constitution and Law of the United States. Where beneficial and practicable, teachers may participate in the decisions referred to in the above items of 3, 4, and 5, but the final decision will remain with the School Board.
BM School Board Compensation
The Board shall set compensation for School Board members. Regular and special meetings will receive $100.00 per meeting while committees meetings will be paid $50.00 per meeting. In addition to compensation for services, each member may be reimbursed for all necessary meals, lodging and travel expense actually incurred while engaged in official business of the board, at the same rate as provided for state officers and employees.
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C. ADMINISTRATIVE ORGANIZATION
CA Selection and Appointment of the Superintendent
In the very important area of selecting a district superintendent, the Board shall follow, to the extent feasible and practicable, those guidelines prepared by the North Dakota School Boards Association.
The superintendent shall have the following qualifications:
1. He/She must be the holder of the North Dakota Administrative Credential issued by the Department of Public Instruction.
2. He/She must possess or agree to earn, sufficient Graduate Credits to meet the requirements of the North Central Association of Colleges and Schools.
The Board shall not appoint any administrative personnel for a term of more than one year with the exception of the Superintendent of Schools, who may be appointed for three years.
CB Duties of the Superintendent:
The Superintendent of Schools of the MLS Public School District shall serve as the executive officer of the School Board and shall be charged with the responsibility for all school services and activities. His/Her primary task is to view education in the broad sense. He/She shall prepare the agenda for each meeting, shall attend all meetings and participate in all deliberations of the School Board.
1. He/She shall administer the schools in conformity with adopted policies of the School Board and the rules and regulations of the North Dakota Department of Public Instruction and in accordance with the North Dakota Century Code.
2. He/She shall develop administrative principles and procedures for implementing Board policies.
3. He/She shall participate in all MLS Board deliberations.
4. He/She shall be responsible for the business management of the school district and shall prepare an annual budget following State school finance accounting guidelines. It shall show appropriations necessary to meet the estimated needs for the coming year.
5. He/She shall serve as the management leader of the school district insuring all practices are both legal and ethical.
6. He/She shall assist in the formulation and revision of salary programs within the available financial resources of the community and make recommendations to the School Board for the Board's Negotiations Package.
7. He/She shall prepare and recommend an annual school calendar to the School Board.
8. He/She shall recommend employees for appointment, promotion, demotion, or dismissal in accordance with the policies of the School Board and the laws of the State of North Dakota.
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9. He/She shall be responsible for the selection of the members of the teaching staff and all other employees of the district. He/She may seek help from the School Board if two persons of equal qualifications are under consideration.
10. He/She shall supervise and evaluate all administration and non-instructional staff in accordance with the NDCC.
11. He/She, with the staff, shall provide a continuous appraisal of the policies originating with the School Board.
12. He/She shall assign all instructional and non-instructional personnel to a position.
13. He/She shall collect and compile meaningful school and community data appropriate for providing and assessing a school program of excellence.
14. He/She shall keep informed about major school activities in the MLS Public School District.
15. He/She shall organize and administer the total educational program.
16. He/She shall, with the assistance of teachers and principals, be responsible for the selection of textbooks and supplemental instructional materials.
17. He/She shall be responsible for a community-oriented appraisal of educational goals and objectives for the school district.
18. He/She shall be responsible for overseeing school plant maintenance EPA regulations for safety procedures.
19. He/She shall perform such other duties as the School Board may determine.
Note: He/She may, at his/her discretion, delegate the authority to carry out the assigned duties, but he/she may not delegate the responsibility for any assigned duty.
CC Evaluation of Superintendent's Performance
Evaluation of the superintendent's performance shall be the joint responsibility of the entire Board and shall conform to NDCC 15-47-38.2 and other NDCC sections as appropriate. Each member will complete an evaluation, which will be consolidated into one report by the president to be submitted to the superintendent at least twice per year--a “formative” evaluation by December 15, and a more formal written evaluation by March 15.
CCA Superintendent Evaluation Policy
The School Board shall evaluate and assess the performance of the Superintendent according to state law. The President of the Board shall schedule the evaluations. The Board shall meet with the Superintendent to discuss the evaluation after the Superintendent has had an opportunity to respond. All meetings shall be open to the public as required by law.
The Board shall adopt an evaluation instrument. The evaluation and assessment shall be reasonably related to the job description of the Superintendent as set forth in Board policy and to the goals and objectives of the School District for the year in question. Board members should come to the meeting prepared to discuss the
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various areas of evaluation. Criticism should be constructive and discussion should center on positive achievements and the possibility of improvement. Every effort should be made to provide ample notice of recommendations for improvement in all areas of unsatisfactory performance, in the event that contemplated non-renewal is a possibility.
Following the meeting, the Board President shall have the evaluation reduced to writing and, after it has been approved by the Board, the President shall give one copy to the Superintendent, attach one copy to the minutes and put one copy in the Superintendent's personnel file. The Superintendent has the right under law to respond to the evaluation in writing. Such response shall become a permanent attachment to the Superintendent's personnel file.
CCB Superintendent Contract Renewal Policy
It is the intention of the School Board to keep the position of Superintendent a professional one. This includes honest communication between the Board and the Superintendent as to contract conditions and renewals.
The Board requests that, in the event the Superintendent decides to resign, the Board be given sufficient notice to secure a replacement prior to the resignation date, in order to accomplish a smooth transition in the administration of the District.
No later than May 1* of the contract year in which the Superintendent's contract expires, the School Board shall determine the terms of the contract to be offered for the following year(s). The Superintendent shall indicate acceptance or rejection of the contract offer no later than June 1. **
In the event that the Board decides not to renew the Superintendent's contract, the Superintendent will be afforded all the rights granted by the North Dakota law. Similarly, the Board will expect the Superintendent to abide by the statute when considering resignation. ***
*May be earlier than May 1 but not before March 1.
**May be earlier or later than June 1, but must be at least 30 days from the time the contract is offered.
***The continuing contract is binding on both the Board and the Superintendent unless the Superintendent resigns in writing before June 1 or the Board gives notice of contemplated non-renewal between March 1 and April 15.
CD Principals' Qualifications
1. He/She shall have a minimum of two years of successful teaching experience
2. He/She shall possess leadership qualities defined as a composite of the following: Honesty, Integrity, Loyalty, Alertness, Enthusiasm, Aggressiveness, and Willingness to assume responsibility.
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3. He/She shall hold a North Dakota Principal's Certificate that meets the requirement established by the Department of Public Instruction for the level to which he/she is assigned.
4. The secondary principal must possess, or agree to earn, sufficient Graduate Credits to meet the requirements of the North Central Association of Colleges and Schools.
CE Duties and Responsibilities of the Principals
1. Board Policy
a. Is responsible for establishing and maintaining general school regulations within the general policies established by the School Board and under the direction of the superintendent of schools.
b. Is responsible to the superintendent of schools for the organization, administration, and supervision of the school level assignment.
c. Keeps the superintendent continuously informed as to the condition of the school and its activities, either by written communication or through conferences.
d. Supervises the preparation of State and NCA reports for the District Office.
e. Submits recommendations to the Board for equal opportunities in programs and activities based on the provisions of Title IX of the Educational Amendments of l972.
f. Reports to the superintendent and performs such other duties as may be assigned by the superintendent of schools.
2. Personnel
a. Assists the superintendent in screening and recommending applicants to the Board.
b. Organizes staff to meet the academic needs and extra-curricular opportunities for students.
i. Delegate’s responsibilities and authority to the staff.
ii. Conducts staff meetings.
iii. Arranges for substitute teachers.
c. Supervises all professional personnel assigned to the school
i. Recommends staff members for employment.
ii. Recommends to the Board those staff members who should receive letters of contemplated non-renewal.
iii. Performs evaluations of all professional staff as required by law.
3. Student Services
a. Is responsible for the attendance, discipline, health, and safety needs of the students.
i. Develops with the staff a positive program of student conducts and maintains and enforces these standards, according due process to the students.
ii. Is responsible for the classification and scheduling of students in the building.
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(1) The principal shall make final retention or promotion of students after consultation with teachers, parents/guardian, and other resource persons in those situations, which warrant such action.
(2) Grading policies and procedures shall be developed with the staff, in line with School Board policy.
iii. Supervises the Maintenance of accurate records (report cards, transcripts, and cumulative folders) of the progress and attendance of students and confidentiality of such records.
iv. Arranges for fire and tornado drills as required by law.
v. Informs the superintendent of known cases of indigence where students are unable to pay fees, buy supplies, lunches, etc.
4. Educational Program
a. Develops and administers the educational program within the broad framework of policies established by the Board. The development of curriculum is considered to be a cooperative effort involving teachers and other staff members.
b. Through recommendations from the staff, provides for in-service workshops and conferences to promote professional growth.
c. Maintains a current inventory of books, equipment, and instructional aids and makes necessary requisitions thereof.
d. Supervises the guidance and counseling program and, along with the guidance counselor, coordinates guidance activities, which provide for the continual assessment and interpretation of pupil growth.
5. Extra-Curricular Activities
a. Is responsible for all extra-curricular activities and their enterprises in the school.
b. The high school principal, activities director, and superintendent are responsible for the supervision, coordination, and evaluation of the high school's extra-curricular program.
c. Supervises the student eligibility requirements as set by the NDHSAA and school policy.
6. Building-Grounds
a. Assist the superintendent in administering the maintenance of the school plant.
7. School and Community Relations
a. The principal, along with the staff, shall develop a relations program including telephone calls by teachers, progress reports, parent conferences, open house, etc.
b. Is responsible for maintaining good public relations with the community and for utilizing fully the community resources to enrich the learning program.
c. Is responsible for preparing or revising a Parent/Student Handbook and a Teacher Handbook for Board and superintendent approval.
d. The high school principal shall be the executive assistant and assume the executive duties in the absence of the superintendent.
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CF Evaluation of Principals' Performances
Evaluation of the principals' performances shall be the responsibility of the superintendent. Evaluations shall be conducted in conformance with state statute(s). Improvement of professional growth and performance of duties shall be the main objective of written evaluations.
CG School Board - Administration - Staff Relationships
Principles and procedures for cooperation between the School Board - Administration - Staff:
1. The School Board will establish such policies for the conduct and administration of the school district as are prescribed by law and such other policies deemed advisable and have them prepared in such form that all concerned may be aware of them.
2. The School Board shall select a superintendent of schools who shall be directly responsible to the School Board for the total administration of the school district. The School Board should vest in him/her the necessary authority and provide him/her with the appropriate personnel to administer the policies established by the School Board. It is then the responsibility of the School Board to support the superintendent in the administration of these policies.
3. The School Board should endeavor to give counsel and advice to the superintendent, and he/she in turn should seek the counsel and advice of the School Board regarding the administration of the schools. In addition, the School Board shall determine its priorities and goals; both short range and long range and charge the administration with the responsibility for implementation. Periodic evaluation of the administration shall take place within this framework and the guidelines of the NDCC.
4. The School Board shall require of the administration such periodic reports, as it deems necessary to keep it properly advised on the administration of the school district. The administration must be frank, honest, concise, and complete in its reports to the School Board. The superintendent should present administrative matters requiring School Board action to the entire School Board and not in a semi-private way to individual members of the Board.
5. The School Board should employ, promote, transfer, suspend, or dismiss personnel after consultation with and upon recommendation of the Superintendent of Schools. The Superintendent of Schools should issue all directives and regulations affecting employees of the school system.
6. The School Board should endeavor to develop ways and means of serving the community and of keeping parents, patrons, and taxpayers informed of the public school program.
7. The School Board reserves unto itself all of its legal responsibilities for the operation of a good public school and shall be the final authority on any controversial issue which cannot be resolved through the policies adopted for the administration of the schools.
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8. The School Board and the Superintendent of Schools shall have as the basic criterion for evaluating any administrative problem the effect upon the educational welfare of the pupils within the school district.
9. The School Board and the administration have a moral obligation to provide such leadership and render such service as will give dignity to the teaching profession and the learning process and as will engender trust and confidence on the part of all citizens in public school education.
10. The School Board and the Superintendent of Schools have the responsibility to work together for an increasingly effective program of education for all people and, insofar as is required of each, to submerge personal ambition, prejudice, and desires to that end.
CH School Climate
Building principals are to build working relationships with their individual staffs that will improve the school climate in the district. Principals are encouraged to use numerous avenues to build bridges for better communication, trust and leadership.
Principals and staff are encouraged to work together to reduce conflict and resolve issues before they become situations that adversely affect the school environment. Principals are to inform the school board annually on the steps they are taking to improve school climate with staff.
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D. FISCAL MANAGEMENT
DA Legal Status of the Business Manager
The school business manager in North Dakota is an integral factor in the district's operations. Section 15-29-08 (26), NDCC, states that the Board shall employ a business manager who is not a member of the Board and who shall receive compensation as prescribed by the Board. NDCC Section 15-29-03.1 has made the business manager also responsible for the duties of district treasurer. The business manager need not be a resident of the employing district.
Termination of the business manager's employment shall be done according to law.
DB Duties and Responsibilities of the Business Manager
The major duties of the business manager are specified in NDCC 15-29-09 and Titles 21 and 57 of the North Dakota Century Code. In addition, the business manager shall:
1. Attend meetings of the Board;
2. Perform other functions and duties specified by law including, but not limited to:
a. Taking the census;
b. Coordinating election activities;
c. Filing quarterly reports to TFFR, State Tax Department, IRS; filing monthly Social Security reports;
d. Filing reports as required by the Legislature to receive moneys for students;
e. Completing financial reports for all Federal funds, grants, etc.
f. Being aware of laws and regulations affecting school districts and providing School Boards with the information as they need it for making decisions;
g. Assuring that district moneys are covered with sufficient pledge securities at the banking institutions and reviewing the situation twice annually.
3. Perform such other duties as the Board may require.
It is important to note that the business manager works for the Board and with the superintendent.
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DC District Business Management Procedures
The superintendent, School Board president, and the Business Manager shall prepare a budget in sufficient detail to enable the Board to make final determinations concerning the district financial management prior to the adoption of the annual budget.
Judgments concerning the quality and quantity of supplies and equipment needed shall rest with the superintendent. Sealed bids will be called when required by NDCC 15-47-15. The MLS Schools shall join with other schools on Group Bids whenever that seems feasible. However, all reasonable attempts will be made to secure goods locally, if the price is competitive.
The superintendent shall be authorized to make purchases as described in the budget, once final adoption is completed.
The Board will require periodic (at least monthly) financial reports from superintendent and business manager of the district. Reports shall disclose the financial condition of the district in detail.
Proper accounting procedures shall be established to ensure the safeguarding of district funds. The School Board shall establish a timetable for independent audits. No purchases will be made without proper authorization.
1. Record Retention and Disposition:
a. The Business Manager of the MLS School District is authorized to properly dispose of certain records as approved by the School Board at a regular meeting. Under the provisions of NDCC 21-06-05, some documents must be kept permanently. These are:
i. Governing body's proceedings (Minute books)
ii. Receipt and Expenditure Journals;
iii. Payroll Records
In addition, permanent student records should be retained.
b. Records must be kept according to prescribed length of time. The business manager must be fully aware of each areas requirement and act accordingly. Any destruction of records must be in compliance with law. The Board shall follow law/guidelines through a resolution authorizing the disposal of the records at its first meeting in January of each year.
i. Bank Statements;
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ii. Cancelled Checks;
iii. Deposit Slips;
iv. Paid Bills;
v. Purchase Orders;
vi. Federal Programs
vii. Vocational
viii. Food Service
ix. Workmen's Compensation Reports;
x. Unemployment Compensation Reports;
xi. Teacher Contracts;
xii. Teacher Retirement Reports;
xiii. OASIS Reports;
xiv. Social Security Reports;
xv. Withholding Reports.
c. Several items need to be retained for five (5) years after they have been paid off. These are:
i. Sinking and Interest Records;
ii. Paid Bonds and Coupons;
iii. State School Construction Records;
iv. Paid Contracts (Buses, etc.)
d. Personnel records should be retained for seven years.
e. Special education records should be treated in compliance with the Individuals with Disabilities Education Act (IDEA) regulations. Other student educational records should be dealt with in accordance with Family Education Rights to Privacy Act (FERPA) regulations.
2. Inventory
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a. A complete inventory of all equipment and instructional aids costing $500 or more will be kept current and maintained, with a master copy on file with the superintendent.
b. A complete inventory of all items that has a cost basis of $5000.00 or more for GAP purposes yearly.
c. A control system for all equipment shall be in effect by the school to insure adequate safeguards for the prevention of loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be reported to the superintendent and shall be investigated and documented by local police or other law enforcement officials.
3. Outstanding Checks
a. In an effort to improve control over cash and aid in the reconciliation of bank statements, it shall be the policy of MLS Public School to write-off checks outstanding longer than ten months.
b. Each month along with the Financial Report to the Board, a list will be compiled of checks outstanding more than ten months, if any. The Business Manager will then write to the payee requesting the check be presented for payment within the next 30 days. If the check has not been presented for payment within the 30 days, it will be cancelled. This action will be reported to the Board and included in the minutes, including the name of the payee and the number, date, and amount of each check.
4. Student Activity and Food Service Funds
a. The superintendent shall approve and authorize payment of Student Activity and Food Service Fund bills as they come due and make a proper reporting to the Board monthly. Monthly reports shall contain beginning and ending balances, listing of checks written, receipts, and other information requested by the Board. All receipts and expenditures shall be through the business office. No purchases shall be made without proper authorization.
5. Authorized Signatures for Checks
a. Authorized signatures for District checks shall be as follows:
i. General Fund District funds shall require two signatures. They shall be that of Board President and if unavailable the Board Vice President and District Business Manager.
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ii. Student Activity funds and the Food Service funds shall require two signatures. They may be the Board President, Vice President, Superintendent, Principals or District Business Manager.
iii. Incidental revolving fund shall require one signature. That signature shall be that of the superintendent.
b. In the event of extended absence or other incapacity by the Board President and/or the Business Manager, the following procedures shall apply in regard to authorized signatures for District General Fund, Food Services, and Activity Checks:
i. Board President -- At the Reorganization Meeting in July, the School Board shall authorize the vice president of the School Board to act as temporary president for the purpose of signing District, Food Service, and Activity Fund checks in the event the Board President is unable to carry out this duty. The temporary president shall have no other authority without the specific approval of the School Board.
ii. Business Manager -- The School Board shall meet and appoint a temporary business manager to assume the duties of the Business Manager, including the signing of District checks, until such Business Manager returns to his/her duties.
DD Financial Records Audit Procedures
The District shall retain the services of a reputable accounting firm to conduct an audit of all financial records of receipts and disbursements and other financial transactions as required by state statute. The audit shall be conducted annually.
DE Evaluation Of The Business Manager's Performance
Evaluation of the business manager's performance shall be the joint responsibility of the entire Board and shall conform to all applicable North Dakota Century Code provisions. Each member will complete an evaluation report, which will be consolidated into one report to be submitted to the business manager at least twice per year--a "formative" evaluation by December 15 and a more formal written evaluation by March 15.
A 30-day notice in writing is necessary to dismiss the business manager unless there is serious cause, in which case dismissal or suspension may be without prior notice.
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DF Travel / Time Sheet Claim Vouchers
A Claim Voucher will be required for all expenses for which reimbursement from the MLS District will be requested. Reimbursement requests will be submitted to the School Board for approval at the next regular meeting. A signature will be required.
Supplemental personnel who perform employment duties for the district will complete a Time Sheet, which identifies the work performed and the hours worked. This employment claim will be submitted to the School Board for approval at the next regular meeting.
DG Impact Aid Students
The MLS School shall participate in the Federal Impact Aid program covering Federal civilian or military personnel whose children attend the MLS School, if the number is sufficient to qualify for reimbursement.
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E. BUILDING AND GROUNDS MANAGEMENT
EA Insurance
The MLS School District shall maintain "Replacement Cost" insurance coverage on the school plant through the North Dakota State Fire and Tornado Fund. The adequacy of the coverage shall be reviewed annually at the date of policy renewal. The superintendent of schools shall be responsible for recommending increased coverage.
EB Safety, School Closing Procedures and Student Noon Hour Driving
1. Fire Drills
Utmost consideration will be given to the health and safety of students and staff while on the premises of MLS Schools. In compliance with state statute, fire drills will be conducted during the school year. The superintendent shall establish rules and procedures governing emergency drills. Principals will be responsible in conducting and evaluating fire evacuation procedures. Fire Department personnel may be requested by the administration to conduct these drills and evaluate the evacuation process.
2. Tornado Drills
At least once during the school year a tornado alert drill will be conducted in accordance with procedures set forth by the administration.
3. School Closing
Winter storms and other emergencies often cause school activities to be cancelled. MLS Schools will follow these procedures to notify students, parents, and teachers on school cancellations.
a. School closings will be announced by 7:00 a.m.
b. Delayed starts and early closings will be determined by the administration.
c. The school district will use a variety of communication tools to notify parents, staff and patrons of school closings.
4. Student Noon-Hour Driving unless district has a closed campus
The MLS School District recognizes the danger involved with noon-hour driving by students. The MLS School shall enforce the following regulations in regard to noon-hour driving by students:
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a. Whenever possible, students should ride the bus to school.
b. Parents must provide the high school principal with written permission for their student to drive during the noon hour.
c. Students shall follow the accepted/required rules of driving a vehicle such as seat belts, speed limit, following directions and driving behavior.
d. Violations will result in revocation of noon-hour driving privileges until a meeting between parents/guardians and the principal. The school district retains the right to revoke a student driving privileges.
EC Asbestos Management Procedures
A person with the required training will be appointed the District AHERA Designated Person. This person shall conduct the inspections and maintain the appropriate records for compliance with Federal Law.
The MLS School District shall comply with all EPA and North Dakota State Health Department regulations in regard to management of asbestos in the school plant. Periodic inspections will be made and recorded in the Asbestos Management Plan.
The Asbestos Management Plan will be located in the business office, and it will be available for inspection by patrons of the District.
The custodians, who have received the appropriate training, will be allowed to address issues within their trained level.
ED Use of School Buildings/Facilities
The School Board may permit the use of the District facilities under proper restrictions for any appropriate purpose when not in use for school purposes. District facilities may be let for meetings, entertainment, recreation, or conventions subject to such restrictions as established by the School Board or delegated to the administration. Such use of the facilities shall not be permitted to interfere with the operation of the schools or with school activities.
It is to be understood that the District will not be responsible for accidents, which may occur during such periods of usage. The Board reserves the right to reject requests for use of facilities when it is, in their judgment, not in the best interest of the MLS Public School District.
Activities conducted in the building or on the grounds shall not be harmful nor shall they cause undue wear or damage upon the property.
EDA Adult Recreation and Open Gym Policy
It is recognized by the MLS School Board, that physical fitness activities should be encouraged for all members of society, children and adults alike. Although not
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obligated to do so, the Board has the right to make the Physical Education facilities of the MLS Public School available for Adult Recreation at a time that does not conflict with other scheduled school activities. Whereas there is a need to govern the use of school facilities by adults of the MLS Communities, the following policy shall be enacted:
1. The school Superintendent and Activities Director shall be delegated the authority to enforce and govern the policy so enacted.
2. Wednesday evening shall be designated as Adult Recreation Night. Use of the school facilities at any other time shall be considered an "Open Gym" activity and governed by such rules as outlined in Part II of this policy.
3. No pre-school children or school age students will be allowed in the school facility on Wednesday evenings after 5:30 p.m. so as not to conflict with the adopted "Family Night" policy.
4. One adult will be delegated the responsibility of opening and closing facility at the conclusion of the recreation activity.
5. The building key will be limited to use in those areas necessary to facilitate the activity. School sponsored activities shall have preference for use of all facilities.
6. Any damages to school property, whether intentional or accidental, shall be the responsibility of the person or persons who committed the damage.
7. All participants in adult recreation activities do so at their own risk. The MLS School District shall not be held liable for any injuries, which might occur through participation in adult recreation activities.
OPEN GYM GUIDELINES
1. "Open Gym" shall be construed to be any activity that is open to all persons and that is under the supervision of a teacher, or other responsible adult, who will adequately supervise all persons present.
2. All persons present at the "Open Gym" activity shall remain in the specific area being supervised. For example, if the activity is in the old gym, all persons must be in the old gym. The weight room and large gym will be considered the same specific area.
3. "Open Gym" activities shall not be held prior to 7:00 p.m., except on weekends, unless permission is received from the administration
4. All school-sponsored activities shall have preference for use of the facilities affected.
5. Any damage to school property, whether intentional or accidental, shall be the responsibility of the person, or persons, who committed the damage.
6. All participants in "Open Gym" activities do so at their own risk. The MLS School District shall not be held liable for any injuries, which might occur through participation in "Open Gym" activities.
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EDB Family Night policy for Wednesday and Sunday
A. Wednesday
i. Only Grades 9-12 may have school activities until 5:15 P.M. Students will be out of district buildings by 5:30 P.M. Students should be to their home site no later than 5:45PM.
ii. Any after school activity involving K-8 students must have prior administrative approval.
iii. Any activity after 5:45PM with 9-12 students must have administrative approval.
B. Sunday
i. Any activity that uses school facilities on a Sunday must have prior administrative approval.
ii. Any approved school activity will conclude by 5:30PM
EE Repairs and Renovation
Superintendent
Routine
The superintendent of schools shall be delegated the authority to authorize routine building repairs that are necessary for proper maintenance of facilities.
Emergency
The superintendent will authorize major repairs that require immediate action to prevent further damage of facilities after consultation with the president of the School Board.
School Board
Major Projects
The School Board at a regular or special open meeting will undertake major repair and/or renovation projects only after approval.
Competitive Bids
Competitive bids shall be requested on all projects that are expected to exceed the dollar amount stipulated in State statute. This requirement may
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be waived in emergency situations. The Board of Education may request competitive bids on other projects as they see fit.
EF Vandalism to School Property
Vandalism of any kind to school property is strictly prohibited. Any person or persons responsible for such vandalism will be subject to appropriate disciplinary action by school officials. Restitution for vandalism will be determined by the administration. Felonious acts of vandalism will be reported to the proper law enforcement authorities for investigation and prosecution.
EG Policy on Closures
If it becomes necessary that one school building in the district is forced to have a short term closure for climatic, environmental, mechanical or other conditions as determined by the superintendent, students and staff from that building will be required to make up the lost school time during district designated storm days. If storm days are not available, staff and students will make up lost time with a remaining non-state assigned holiday. All staff members are expected to fulfill the districts designated total number of school days except as identified in school board policy, negotiated agreements and acceptable general practices.
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F. EQUIPMENT AND SUPPLIES MANAGEMENT
FA Insurance
The MLS School District shall maintain "Replacement Cost" insurance coverage on the school equipment through the North Dakota State Fire and Tornado Fund. The adequacy of the coverage shall be reviewed annually by the School Board prior to the new fiscal year and adjusted as necessary to maintain appropriate insurance coverage.
FAA Independent Insurance Valuation
The MLS District will every five years have an independent company complete a district wide assessment to determine current valuations of the district buildings and contents. The business manager will take these findings and submit the results to the North Dakota State Fire and Tornado/ North Dakota Insurance Reserve funds to adjust district insurance levels.
FB Inventory Procedures
The teachers in each department will take a complete inventory of all equipment and instructional aids each year and submit the changed list to the business manager prior to the end of year checkout. The business manager shall insure that a master copy of such inventories shall be kept in the MLS Mohall school vault. The business manager will insure that all inventories are maintained in the districts accounting system and that all requirements for GASB are maintained. The district has established a threshold of $5,000.00 for equipment levels.
A control system for all equipment shall be in effect by the school to ensure adequate safeguards for the prevention of loss, damage, or theft of equipment. All equipment shall be identified with a district designed label for all nonconsumable items that correspond to a master equipment inventory list. Any identifiable information will also be added to the inventory list to improve identification such as Serial Numbers/year of purchase will be included. Any loss, damage, or theft of equipment shall be reported to the superintendent, who will take appropriate action.
FC Textbook Selection and Replacement Procedures
Textbook selection and replacement shall conform to all Department of Public Instruction guidelines regarding scope and sequence of the series adopted for use in the school system.
Recognizing the importance of input from classroom teachers, the Board shall delegate the responsibility for selection of teaching materials to the teachers and the building principals affected, in consultation with the superintendent of schools.
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Textbooks shall be replaced whenever it is determined to be appropriate.
FD Private Use of School Equipment
Private use of school equipment is discouraged but may be used by organizations and individuals, with approval from administration. All equipment used must be returned to the location identified in the inventory. Staff who borrows other staff equipment shall be responsible for care and return of said equipment. Documentation of who has the equipment shall be maintained.
The use of outside technology devices on the school network is prohibited unless approved by a district technology coordinator. Private use of school computers and technology is prohibited unless approved by the administration.
Any equipment donated to the school shall become school property and shall be subject to the same restrictions as stated for other school equipment.
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G. TRANSPORTATION MANAGEMENT
GA Insurance
The MLS School District shall maintain appropriate Auto Insurance coverage on all District-owned vehicles. Under no circumstances shall the MLS School District be responsible for injuries incurred while school vehicle is being used by some non-school organization(s). Any organization that uses a school vehicle is expected to secure adequate liability insurance to cover such organization in case of an accident.
GB Inventory and Replacement Procedures
A current inventory of all school district vehicles shall be maintained that includes a complete description of the vehicle, the cost, the date received, and the projected replacement date for the vehicle. All school vehicles that have a value of $5,000.00 or more will be placed on the districts fix assets as outlined for GASB.
Vehicle replacement should follow the competitive state bidding process. The school board may purchase a vehicle without the bidding process when it deems the need outweigh the bidding process. A legal announcement requesting bids shall be published in the official newspaper of the District. The School Board also suggests that the superintendent contact individual companies and supply them with a bid package if requested. The Board shall reserve the right to reject any or all bids or to accept the bid on such vehicle as the Board deems to better meet the needs of the district, regardless of whether or not that is the lowest bid.
GC Care and Maintenance of Buses
A regular maintenance schedule shall be maintained for each District owned vehicle. It shall be the responsibility of the regular route drivers to see that routine maintenance is accomplished on a timely basis. A driver’s workshop will be held annually to inform drivers on the care and maintenance requirements as set forth by the School Board.
Bus drivers must be fully qualified through licensure requirements and workshop attendance to drive a bus. All bus drivers must attend yearly 4 hour training and pass a biennial physical examination. The district will pay for the physical.
Drivers will regularly submit inspection and maintenance reports to the superintendent so that safety and maintenance needs are accomplished with the least amount of danger to the safety of passengers and mechanical damage to the vehicle.
Activity trip drivers are responsible for cleaning any mess that may have been created during such activity trip.
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GD Use by Non-School Organizations
Use of school owed vehicles for non-school purposes shall be limited to those organizations that are civic, community, and/or non-profit youth or church affiliated in nature. Such organizations shall obtain a qualified bus driver who is familiar with the bus being used and has met the state requirements to drive a school vehicle.
Permission to use a school-owned vehicle shall be obtained from the superintendent of schools. Any damage done to the vehicle shall be the responsibility of the sponsoring organization. All fuel costs shall be borne by the sponsoring organization. Any out of state travel must be approved by the school board.
Buses may not be used as a convenience to parents of students who are involved in a personal activity, even though many students may be involved in such activity. For example, a bus may not be used to take students to a basketball camp so that parents do not have to drive themselves.
GE Use of Private Vehicles
Under most circumstances the use of private vehicles to transport student participants to school activities shall be discouraged. When private vehicles are used the school will require that adult drivers be used. Under no circumstances will students be permitted to drive to transport themselves or others to school activities. Written approval from parents is required whenever students will be transported by private vehicle. Such permit shall indicate the purpose of the trip and the driver of the private vehicle.
Volunteer drivers will be required to complete a driving record certificate and provide a copy of driver’s license and insurance coverage. If deemed appropriate, a Motor Vehicle Record (MVR) will be ordered from the North Dakota State Department of Transportation.
GF Drug and Alcohol Testing
The district will comply with all applicable laws regarding the drug and alcohol testing of bus drivers who are required to have a Commercial Driver’s License to be certified as a bus driver. The district will contract with an agency that is certified to conduct such tests.
GG Driving Payment Policy MLS Schools
Any person who drives an MLS activity vehicle with MLS students to an MLS event will be paid an hourly wage as determined by the school board. Prior administrative approval is required for any reimbursement for any staff travel to an educational activity that may include driving time (no driving time will be
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considered during the normal school day). Mileage reimbursement will be calculated by the ND Map Guide for total miles.
Coaches will be paid only for driving time. On an overnight trip, drivers will be paid 8 hours per day for site stays. Example 1: 2 day trip to Bismarck; Day 1- MLS will pay for (8 hours) because overnight stay, Day 2 – Total hours with a minimum paid at 8 hours Example 2: Three or more day stay: Same as above for first day and last day. Any day in between is an 8-hour day.
The district will not reimburse for meals etc. If the district feeds a team, driver(s) will be included.
After each trip, the driver may add up to one hour to their final time provided the following items are completed. The bus is ready for the next trip which means the bus is: “Clean, fueled, and checked”. The District expects coaches and students will pick up most of the garbage and the driver will finalize.
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H. FOOD SERVICES MANAGEMENT
HA Food Service Authorized Representative
The School Board has approved the Superintendent to be the authorized representative to receive U. S. Department of Agriculture commodities and to administer the Child Nutrition and Food Distribution Program.
1. Food Service Records
All records of receipts and disbursements shall be retained in the Business Office. All records on Free and Reduced Meal applications shall be confidential. Only authorized auditors and those school personnel who are responsible for administering the program shall have access to confidential records. Discussion of these records with unauthorized individuals is prohibited.
2. Assigned Responsibility
The Business Manager and the school secretaries shall be responsible for maintaining and preparing reports necessary to administer the Child Nutrition and Food Distribution program at the MLS. Accounting procedures for determination of qualifying reimbursable meals shall follow the guidelines as established by the Department of Public Instruction.
3. Authorized Signatures on Reports and Checks
The Superintendent shall sign all free and reduced meal applications, Child Nutrition and Food Distribution participation agreements, commodity distribution requests, reimbursement reports, etc. The Superintendent shall authorize all food service account checks prior to the Board President and Business Manager signing them.
HB Free/Reduced Price Lunch Procedures
Notification of the Free and Reduced Price lunch procedures for the MLS School District shall be published prior to the start of school each year. MLS shall use a variety to informational devices to inform the public on free and reduced prices.
The Business Manager shall review applications and determine eligibility. The Superintendent will review the business manager’s analysis and determine final eligibility.
All guidelines as set forth in the Free and Reduced Meal regulations shall be followed.
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HC Sanitation and Health Requirements
The First District Health Unit will conduct periodic health inspections. Citations on such inspection reports will be presented to the superintendent and citations corrected. If not corrected in a timely fashion the superintendent will report it to the School Board at a regular meeting. Sanitation procedures will be strictly enforced.
Sanitation training requirements will follow DPI guidelines.
HD Contract Services to Community Day Care
The MLS School District may enter into a contract to provide meals to child based school organizations pending approval by the North Dakota Department of Public Instruction. The School Board shall establish a cost per meal on an annual basis.
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I. ACTIVITIES PROGRAM MANAGEMENT
IA Appointment of an Activities Director(s)
The School Board shall appoint an activities director(s) upon recommendation of the Superintendent of Schools to the position of Activities Director as an extra-duty assignment. The salary for such position shall be that which is stated in the Master Contract between the MLS Education Association and the School Board.
IB Duties and Responsibilities of the Activities Director(s)
1. Scheduling Events:
a. Maintain a Calendar of Events and schedule activity events without conflicts.
b. Receive event dates from coaches, directors, and other teachers in charge of various activities and publicize such dates.
c. Oversee the preparation of the activities calendar in the Main Office.
2. NDHSAA Regulations:
a. Be informed on current regulations of the NDHSAA and apply such regulations in the administration of those activities that are governed by the NDHSAA.
b. Inform all activities personnel on current regulations and changes in the NDHSAA regulations.
c. Through consultation with the principal determine academic eligibility of students to participate in extra-curricular activities.
d. Participate in Hearings on Alleged Violations of NDHSAA regulations.
e. Apply all applicable District policy in regard to participation in extra-curricular activities.
f. Compile those statistics necessary for students to receive various awards that are presented by the NDHSAA.
g. Oversee the preparation of annual Eligibility Reports to the NDHSAA.
h. Submit appropriate documents for sanctioning of various events.
i. Attend all required meetings as established by NDHSAA.
3. Athletic:
a. Schedule all athletic contests for all teams.
b. Arrange for bus transportation.
c. Arrange for substitute buses for regular routes when bus is used to transport teams.
d. Contract with officials for all home athletic games.
e. Provide a clock keeper, public address announcer, official bookkeeper, and ticket sellers/takers for all home games.
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f. Provide cash boxes for concessions and gate for all home games.
g. Arrange for payment for contest officials.
h. Organize and manage all home tournaments.
i. Attend District and Conference meetings.
j. Evaluate all coach performances at the conclusion of each season. Assistant coach evaluations may be delegated to the head coach provided that the head coach and athletic director jointly review the assistant’s evaluation.
k. Complete and sign all contracts for varsity games with competing schools.
l. Complete all end of year activities to ensure that all equipment is properly stored and inventoried, NDHSAA requirements met, local, district and regional honors for students and coaches conveyed, determine future needs, complete evaluations and make recommendations to the superintendent for employment extensions.
m. Hold orientation meetings with the appropriate extra-duty staff at the beginning of each athletic season. Encourage head coaches to hold a parental meeting in each activity that reviews team rules, eligibility, requirements, goals and other pertinent items.
4. Non-Athletic:
a. Keep a schedule of all events.
b. Make arrangements for the facilities in which to set up for the activity.
c. Arrange for transportation for the out-of-town events/contests.
d. Evaluate all sponsor performances at the conclusion of each season
e. A complete inventory is completed of all supplies and materials.
f. Complete all end of year activities to ensure that all equipment is properly stored and inventoried, NDHSAA requirements met, local, district and regional honors for students and coaches conveyed, determined future needs, complete evaluations and make recommendations to the superintendent for employment extensions.
5. General Responsibilities:
a. Assist the superintendent in the selection and assignment of extra-curricular personnel.
b. Jointly review all extracurricular evaluations with the superintendent annually.
c. Make recommendations regarding the purchase of new uniforms, equipment, and supplies.
d. Be available to address public concerns at home and state recognized activities events when possible
IC Assignment of Extra-Curricular Personnel
Annually, the superintendent of schools shall be responsible for recommending staff members for extra-duty assignments. Lay persons may be appointed to extra-duty
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assignments if they have sufficient training or skills to qualify for the position. Every attempt will be made to appoint current teaching staff to the extra-duty assignments. The School Board will act to approve or disapprove the recommendations at a regular meeting of the Board.
ID Non-renewal of Extra-Duty Assignment
The School Board may refuse to re-appoint a person to an extra-duty assignment
IE Membership in the NDHSAA
The MLS Public School shall maintain membership in the North Dakota High School Activities Association and abide by all regulations and requirements of membership.
Student participants in NDHSAA-sponsored activities shall receive information regarding behaviors that could cause them to be in violation of NDHSAA rules, which could cause them to be ineligible to compete in such activities.
IF Extracurricular Participation Requirements
Philosophy
The Board believes that participation in extracurricular activities constitutes a privilege and not a right. Students who participate in extracurricular activities represent the student body, school district, and community on the state and national level. As such, behavior of these students is a reflection on the entire community.
The District will enforce the requirements placed on extracurricular participants by the North Dakota High School Activities Association (NDHSAA), which govern both on- and off- campus behavior. In addition, the Board has established the following extracurricular participation requirements.
Activities Affected by this Policy
Activities affected by this policy shall include extracurricular activities as listed in the student handbook, including those not sponsored by NDHSAA.
Tobacco, Alcohol & Other Drug Use
In addition to the tobacco, alcohol, and other drug prohibitions contained in NDHSAA bylaws, the District prohibits student presence at a gathering where alcohol, tobacco, or a controlled substance is being illegally used. Student presence at such a gathering will be regarded as possession. The building principal will take into consideration whether the student was at a gathering where the student had knowledge that alcohol, tobacco, or a controlled
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substance was being illegally used, and whether or not the student had a reasonable opportunity to remove him/herself from said location. The disciplinary consequences for violating this rule shall be suspension from extracurricular participation for the same duration as prescribed for tobacco, alcohol, and other drug possession by NDHSAA bylaws.
Academics
NDHSAA requires that local districts establish a definition of what constitutes a failing grade. For the purposes of this policy, a failing grade is defined as receiving an F or 69% or lower in any curricular course as computed from the beginning of the semester for regular education students or, in the case of special education students, not meeting the goals of Individual Education Programs as assessed from the beginning of the semester.
In addition to NDHSAA academic standards, the MLS District also requires that no student may participate in a contest if he or she is failing more than one class as computed from the beginning of the semester.
Violation of Other Misconduct Policies
Students who violate student conduct policies not covered by NDHSAA bylaws may be subject to suspension from extracurricular activities for a period of up to six (6) consecutive weeks for the first offense and a period of eighteen (18) weeks for any subsequent offense(s) (if occurring within eighteen (18) weeks of the previous offense). Such consequences shall be imposed in addition to other disciplinary consequences imposed under the applicable policy.
Suspension Procedure
When the Principal or Superintendent, as a result of his/her investigation, deems/ concludes that a violation of this policy or NDHSAA bylaws has occurred, s/he shall follow the procedure for suspension from extracurricular participation required by NDHSAA bylaws issue notice to the student of this suspension.
Practice and Travel while Suspended
Students who are under suspension may practice and travel with their respective teams. However, suspended students will not be allowed to miss school time to travel with the team.
Period of Enforcement
This policy will be in effect beginning with the first day of practice scheduled by the NDHSAA during the fall activity season until the conclusion of spring activity season. Summer time school activities violations during events will result in a suspension from those activities for a period as stated in the violation section.
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Accumulation of Violations
A student's record of violations of this policy shall begin anew with the start of the new fall season as identified by NDHSAA.
IG School Rules at Away and Home Activities
Students are expected to behave in appropriate ways at all home and away MLS school events. Students who violate school rules/guidelines/behaviors at a school event will be subject to school procedures and actions.
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J. INSURANCE PROGRAM MANAGEMENT
JA Staff Insurance Program
The School Board recognizes the importance of adequate insurance coverage for its employees. The District shall maintain coverage’s in the following areas:
1. Health Insurance
Health insurance premium benefits will be provided to those employees who hold certified positions and to those who are considered 32-hour employees. The amount of benefit will be determined through the annual negotiations process each spring and the amount paid will be based on the employee percent of employment.
2. Liability Coverage
The MLS School District shall carry General Liability Coverage for all employees of the district. Coverage will be limited to provisions of the policy.
3. Worker's Compensation
Coverage is afforded to those employees who are injured while performing those jobs as required by the District. Coverage will not be provided on injuries that result from those activities that are done for personal recreation or that are done on a voluntary basis outside the scope of activities that are expected through contractual obligation. All claims are subject to a $250 deductible that would be paid by the District.
4. Unemployment Benefits
The District shall be responsible for unemployment benefits, if the appropriate agency determines that such benefits are payable.
5. Term Life and Disability
The district will provide term life and disability insurance for employees that the district is responsible to the pay retirement benefits. Life and disability plans will be determined by the school board.
JB Student Insurance Program
Accidental Student Injury Insurance will be provided on a year-to-year basis. This insurance coverage will be supplemental to the family insurance coverage. The school district is not responsible for medical payments for student injuries and the student insurance program should be considered only as a supplemental program and provides benefits only as stated in the policy.
JC School Board Member Insurance Program
The MLS District will carry Errors and Omissions Insurance Coverage for the members of the MLS School Board.
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JD Chief Administrator Insurance Program
The MLS School District will provide insurance coverage for the chief administrator (Superintendent) in the following risk areas:
1. Errors and Omissions
2. General Liability
3. Health Insurance
JE School District Insurance Program
The MLS School District shall maintain adequate insurance coverage on District owned property and against those risks that could have an adverse effect on the District and its patrons. The school board will review district coverage annually. The following insurance coverage’s will be purchased to protect the District:
1. Building and Contents
Replacement Cost coverage will be carried on the School Plant and School Contents through the North Dakota Fire and Tornado Fund.
2. General Liability
Liability coverage shall be carried to protect the District against any suit for negligence against the District.
3. Vehicle
The MLS District shall carry adequate insurance coverage for the protection of District-owned vehicles. Also, adequate vehicle liability coverage will be maintained on all District-owned vehicles.
4. Boiler
The MLS District shall carry insurance to cover resulting property damage and business interruption.
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K. INSTRUCTIONAL STAFF PERSONNEL
KA General Duties of Teachers
The primary duty of the teacher is to teach the student’s not only basic subject matter but also discipline, health and safety, and to provide individual guidance.
The teacher's responsibilities to students are not confined to the classroom but extend to school corridors, rest rooms, playgrounds, or excursions away from the school premises.
Teachers shall cooperate with other faculty members and school employees toward school betterment, curriculum revision, and improvement in plans and proper execution of existing patterns of policies.
Teachers shall arrange the program of activities with a view of giving each child his/her best possible opportunity to grow at his/her best rate toward the kind of maturity desirable and attainable for him/her.
Teachers are expected to fully utilize the time scheduled for class activity.
KB General Requirements and Procedures for Employment
1. Qualifications
It shall be the policy of the Board to employ teachers who are highly qualified for the appointed position and who possess a Professional Teaching Certificate from the Educational Standards and Practices Board.
2. Hiring Procedure
The screening and interviewing of teaching candidates will be the responsibility of the superintendent and the administrative staff. Every effort will be made to list all vacancies with area College Placement Offices, North Dakota Placement Service and within district school buildings. Principals and the superintendent will also consider other personnel presently employed in the district. Every effort will be made to take into consideration the compatibility level of the new employee with the people already employed in the specific area.
3. Certification
a. All instructional personnel shall have a North Dakota Teachers Certificate that legally qualifies them for the teaching position to which they have been assigned.
b. All teachers new to the MLS Public School District must have an official transcript on file in the superintendent’s office. All teachers must provide
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transcripts of additional course work completed in order to receive payment for hours earned. A copy of each teacher’s license must be on file in the superintendent’s office.
c. All instructional personnel employed are expected to maintain a program of professional growth, by obtaining the number of college credits/in-service as required by the board of educational standards. Those who do not fulfill these requirements are subject to non-renewal.
4. Responsibility for Assignment
a. All other matters pertaining to the qualifications and employment of teachers, the nature of the contractual agreements with them, the determination of their assignments and responsibilities are the ultimate responsibility of the Superintendent of Schools with the approval of the School Board. All certified teachers shall receive a teaching contract with pertinent information included.
5. Teaching Contract
Teaching contracts shall be issued in conformity with state law and provisions of the Master Contract (Negotiated Agreement). A copy of the current governing Master Contract will be provided to all teachers along with the teaching contract renewal.
KBA Instructional Staff Extra Duty
Teachers will be expected to assume reasonable duties over and above their regular teaching responsibilities. These will include, but not be limited to, assisting with discipline and supervision within the building and on school grounds and advising school-related organizations and activities.
Activities and services that make minor demands on the teacher's time shall be part of each teacher's basic assignment. Administrators will strive to equalize such duties among teachers.
Extra responsibilities that make major demands on a teacher's time shall be rewarded with extra compensation. The Board shall approve any such positions and their compensation.
KC Substitute Teachers
The superintendent and/or building principals shall maintain an active list of persons qualified to act as substitute teachers. Substitute teachers shall be paid in accordance with the policy in effect as established by the Board. Selection of substitute teachers shall be left to the administration.
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KCA Substitute Teacher Payment
1. Substitute teachers will be paid a maximum of $105.00 for a full day’s work. Individual periods will be computed at $15.00 per period. Teachers who sub for another teacher and give up their preparation period will be compensated at $20.00 per event. Substitutes who work for the district more than 10 days (not consecutive) will be paid $112.00 for full days. Substitutes will receive a complimentary lunch.
2. Substitute teachers are paid $105.00 per day, as a substitute teacher, for the first ten (10) consecutive days of absence by the same teacher. A mileage payment of $.30/mile will be paid to substitute teachers who substitute for less than eleven consecutive days.
3. Substitute teachers who enter into the 11th consecutive day of substitute teaching for a specific teacher will be paid "professional pay" based on the prevailing "base" contract salary of the MLS Public School District for that specific school year. On the eleventh consecutive day the district will not pay a mileage payment as the individual is on professional pay.
4. Example for someone who begins work on the 11th sub day for a specific teacher: Base Salary = $32,000.00. ($32,000.00 divided by 182 =$175.82 per day pay starting with the 11th day consecutive day.
KCB Teacher Absence and Substitute Teacher Policy
Teachers (K-6) who must be absent from their assigned duties due to illness will contact the Elementary Principal.
Teachers (7-12) who must be absent will contact the High School Principal, if they are going to be absent due to illness.
Teachers on leave are expected to have at least a basic plan for the substitute, if possible work prepared for students to complete and request from the substitute a brief overview of how the substitutes day transpired.
Substitutes
Teachers may contact their own subs. If teachers prefer not they must notify either school secretary if anticipated absences is known. If teachers prefer on the day of an absence may contact their own substitutes or contact your principal.
Teachers are encouraged to find their own substitutes for personal leave absences. Personal Leave must be approved prior to absence.
Discretionary teacher absences must have approval directly from the Superintendent's office. (A "Request for Leave" form will be completed and submitted to the appropriate principal who, in turn, will act on the request and submit it to the superintendent for final approval.) If approval is granted, the teacher must then notify the appropriate principal and make provisions as stated above.
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KD Teacher Evaluation
The primary responsibility for formal teacher performance evaluations rests with the building principals. The teacher evaluation process should be conducted in a manner that is professional and constructive, with improvement of teaching performance as the main goal. Formal observations will be conducted with full knowledge of the staff member. Informal observations may also be used. Formal observations will be used along with any informal observations to form a written evaluation report to the teacher, which will be placed in the teacher’s personnel file. The superintendent will maintain this file.
Criticism by a supervisor should be supported with positive suggestions for behavior changes. If it is determined by the administration that a plan for improvement is needed, the principal will list specific areas that need to be addressed, how to improve and a timeline for the improvement. Failure to correct the documented criticism may result in non-renewal of contract proceedings. The administrative staff will conduct evaluations in accordance with requirements stated in the NDCC.
KE Teachers' Meetings
All teachers are expected to attend all teachers meetings called by the administration. Absence from such meetings shall be regarded as unprofessional conduct. In case of necessity, an excuse should be obtained from the superintendent or building principal involved.
1. Opening School Workshop
Prior to the start of the first day of school an Opening School Workshop will be conducted for all certified personnel. Attendance shall be mandatory for all certified teachers in the MLS School District.
2. Monthly Faculty Meetings
A schedule of Monthly Faculty Meetings will be presented to the staff. Faculty members will be encouraged to present/suggest topics of common interest for staff meetings.
KF Supervision of Student Teachers
Teachers approved for supervising Student Teachers will receive such compensation as is paid by the College/University placing the student teacher in the MLS School system. The building principal must approve supervising teachers and student teachers before any student teachers will be accepted by the MLS School
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District. Any given teacher shall have no more than one student teacher every three years.
KG Termination of Employment
In cases involving dismissal or instances in which a professional staff member is not re-employed, final action shall rest with the School Board. Procedures as outlined by North Dakota Statute shall apply.
1. Discharge for Cause
In the very sensitive area of Discharge for Cause all procedures as outlined in the North Dakota Statutes will be applied. The administration shall make all reasonable attempts to correct the problems with the teacher before steps are taken for a Discharge for Cause.
2. Non-Renewal for Cause
In situations that result in a Non-renewal for Cause all proper procedures as stipulated in the North Dakota State Statutes will be applied. A reasonable attempt will be made to correct those shortcomings that have resulted in the action to non-renew the teacher's contract for the ensuing year.
3. Reduction in Force
The School Board shall have the sole right to determine the necessity for and the scope of a reduction-in-force for reasons including, but not limited to, lack of funds, uncertainty of funds, declining enrollment, building closures or other reasons of necessity. This determination shall not be arbitrary or capricious.
If a decision is made to reduce the teaching staff, any teacher affected thereby shall be given such notice as may be required by law. Procedures for a reduction-in-force non-renewal of contract will be conducted in accordance with the adopted District policy.
A teacher may submit to a voluntary Reduction-in-Force, thereby retaining such rights as unemployment benefits.
KGA Reduction in Force Policy
The MLS Public School District #1 School Board realizes that reduction of professionally certified staff may become necessary because of declining enrollment, program curtailment, lack of funds, or other needs of the District. The Board shall make every effort to place affected personnel in other teaching situations.
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Reductions in staff, as they become necessary, will be made on the basis of what has the least detrimental effect on students of the MLS Public Schools. The principal(s) involved and the Superintendent of Schools for action by the School Board will make recommendations for termination under these guidelines.
The above stated objective dictates staff reduction guidelines which:
1. Provides for natural attrition, including retirements and resignation, to be the primary vehicle for reduction in force when possible.
2. When attrition is not sufficient, retain those teachers with the broadest qualifications to meet the present and future staffing and educational needs of the district.
3. Reserve a place for the exceptional teacher, as determined by administrative evaluation procedures. Procedures will give consideration to effectiveness in the classroom, to motivation of students, and to dedication to the programs of the District.
When two teachers within the same area of certification are deemed to be of equal adaptability to meet the present and future staffing needs of the District and are judged by the administration to be similarly qualified, the decision will be based on the following criteria:
1. Retaining the teacher with the superior academic and professional preparation, including professional majors and minors and education beyond minimum certification requirements in his/her teaching field.
2. Contributions made to the teaching profession, students and the school district. Emphasis will be placed on programs that go beyond normal classroom or activity requirements.
3. Grade levels and subject areas taught.
4. Adaptability in the activity programs of the School District.
5. Leadership qualities and standards exemplified by the teacher, as judged by their involvement in community, school, and professional activities and organizations.
When teachers are judged to be similarly qualified by the above guidelines, then teachers with the least number of years of teaching experience in the MLS School District will be terminated first.
A conference prior to School Board action will be held between the teacher and the Administration. Contracts of separated personnel shall be terminated in accordance with present statutes, fair dismissal and district procedures herein. Notification of contemplated non-renewal of contract will be delivered to the certified staff members as early as possible, but not later than the deadline specified by statute.
Separated personnel will be given consideration for teaching vacancies for which the teacher is qualified.
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KGB Teacher Discharge for Cause
Definitions
For the purposes of this policy, teacher includes the following positions in the District: teacher, principal, and assistant or associate superintendent.
Substantiating the Need for Discharge
If a principal or individual responsible for teacher supervision has reasonable cause that a teacher has exhibited or engaged in actions that the supervisor believes are consistent with a criterion or criteria for discharge contained in NDCC 15.1-15-07, s/he shall contact and consult with the Superintendent. The Superintendent is authorized to consult with the district’s legal counsel on how to proceed and shall advise the principal/supervisor on how to respond to the teacher’s actions.
When the Superintendent, in consultation with the district’s attorney, believes that the District has the documentation necessary to pursue contemplated discharge for cause, the Superintendent shall schedule and properly notice a board meeting.
Meeting to Contemplate Discharge
At the board meeting, the Board will vote on a motion to contemplate discharge. This motion must be made in an open meeting, and in order to guard against a final determination prior to the hearing with the teacher, the board must limit discussion to the single issue of whether or not causes for discharge given by the Superintendent conform to NDCC 15.1-15-07. Questions or discussions of the substance or substantiation of the stated causes for discharge must be reserved for the actual discharge hearing.
If properly noticed, the Board may also vote on whether to suspend the teacher during the period in which the discharge for cause is pursued. The Board shall not agree to hold discussion of teacher suspension in an open meeting. In order to guard against a final determination prior to the hearing with the teacher, the Board must limit discussions of teacher suspension to the single issue of whether or not to suspend the teacher with or without pay. The motion to suspend must be passed unanimously by the Board.
Prehearing and Hearing Procedure
If voting to contemplate discharge, the Board shall then comply with the Office of Administrative Hearings Guidelines for Prehearings and Hearing Procedures (DKDB-E). During the pre-hearing process, the district’s legal counsel and, if deemed appropriate by district legal counsel, Superintendent shall represent the District. In order to guard against a final determination prior to the hearing with the teacher, board members shall not be involved in the prehearing procedure. The Board should instruct its legal counsel that it shall not agree to hold the discharge hearing in an open meeting.
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At the hearing, board members shall only ask questions, based on the evidence presented at the hearing. Board members shall not ask questions about outside evidence that is not part of the official hearing record. While board members may ask questions during the hearing, they shall reserve all comments for the deliberations portion of the hearing and shall base such comments on only evidence presented during the hearing-not outside information.
KH Professional Staff Personnel Records
The superintendent shall keep a personnel folder for each employee, certified and classified. The folder shall contain such information as is required by law and shall include performance evaluations, teaching certificates, transcripts, a record of access including the date of review and identity of non-school persons reviewing the file, and other pertinent information.
1. Retention of File Contents
Files of former employees will be retained for a period of six (6) years.
2. Removal of Materials from Personnel Files
The administration shall periodically review the material in the personnel files and may remove and destroy irrelevant, inappropriate or outdated materials, including files of personnel separated from the district for more than six years. Current employees shall be notified prior to removal of documents from their file.
KI Review of Personnel Records
Teacher Personnel Files are public domain and, therefore, are open to public inspection by anyone who wants to look at them. The following guidelines will be used to accommodate such requests:
1. Teacher's Own File
A teacher employed in the MLS School shall have the right to review the contents of his/her personnel file originating after initial employment with the District. The file must be reviewed in the administrative offices in the presence of the superintendent. The teacher may submit a written notation regarding any material in his/her personnel file, and the same shall be attached to the material in question.
Any complaint made against a teacher by any parent, student, or other lay person, other than supervisory personnel, shall promptly be called to the attention of the teacher if said complaint is to be placed in the teacher's personnel file.
2. Members of the Public:
The person requesting to see the personnel file of any employee shall make the request in writing to the superintendent on the proper request form. The
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superintendent shall make an appointment for the person to see the file within two business days after receiving the request.
KIA Inspection of Teacher Files Policy
MLS School Board Policy concerning Public Inspection of teacher files.
1. Teacher Personnel Files will be open for Public Inspection during regular business hours and at a time when the teacher whose file is being inspected is "free" from teaching responsibilities. Inspections will be done in an Administrative Office.
2. Any teacher currently employed by MLS Public School District No. 1 whose file is being requested for inspection will be notified and given the option of being present while said file is being reviewed.
3. Persons requesting copies may be required to pay a charge not to exceed the actual cost of making the copies. This may include cost of supplies, equipment and personnel. This charge shall be applied uniformly and without discrimination.
4. A member of the School Administration or the Business Manager will also be present during the inspection of the file.
5. Actual inspections by members of the public will be reported to the School Board at the next regularly scheduled meeting and such information will become part of the public record.
KJ Grievance Procedures
The School Board, MLS Public School District #1, does realize that an effective Grievance Policy contributes directly to improved Professional relationships and thus the quality of professional service to the children of MLS Public School District #1.
A Policy to assure the orderly presentation of alleged grievance(s) of both Supervisory and Teaching personnel is an important part of the effective operation of the MLS Public School system.
A. Section 1. Definition:
A Grievance is a claim based upon an event or condition, which affects the conditions or circumstances, under which a teacher works; allegedly caused by a misinterpretation or inequitable application of established school board policy. A Grievance evolves out of the manner in which a policy has been interpreted.
B. Section 2. Procedure:
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A Teacher with a Grievance shall first discuss their complaint with their principal or other immediate superior by:
1. Expressing their complaint directly--by a fact(s) statement, in writing to their principal or immediate superior, or
2. Grievant may have a representative present their grievance, or
3. Appearing together with their representative before their Principal or immediate superior:
C. Section 3. Resolvement:
1. Within five (5) days, the Principal or immediate superior, shall communicate their views to the aggrieved. Before resolving the complaint, the Principal or immediate supervisor may consult the next higher level of administration for an opinion.
2. If the aggrieved is not satisfied, they may then make their written request of their complaint to the next higher appropriate administrative level--the office of the Superintendent of Schools.
3. If a solution, acceptable to both parties, is not reached within ten (10) days after the grievance has been transmitted to the Superintendent of Schools the aggrieved may:
4. Present a written alleged grievance, to the School Board. Resolvement action will be completed by the School Board their next scheduled regular school board meeting.
KJA Contractual Grievance Policy
As Defined in the Negotiated Agreement.
KK Attendance at NDEA and Administrators Conferences
The Board of Education recognizes the importance and value of attendance at the various professional education sessions at the North Dakota Education Association and at the School Administrators and the Board strongly urges attendance at the conventions.
KKA Attendance at Teachers Convention Policy
To encourage attendance of the convention sessions, the MLS School District will provide the following incentive payments to those professional educators who do attend per day: Convention Site - Minot $50, Bismarck $75; Grand Forks $100 and Fargo $125.
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KL Use of School Equipment/Property for Personal Use
The superintendent or their designee must approve any use of school equipment for personal use outside of the school building. Notification must also be given to the faculty member who is responsible for the equipment. Use of school property for personal use is discouraged.
Use of school facilities by staff members and their families outside of school hours is permitted, but supervision must be provided by personal attendance by the staff member involved. Children of staff members may not be allowed to use the facilities without proximity supervision by the staff member himself/herself.
KM LEAVES
MLS Schools recognize a variety of extended leaves that may be used in its regular operation of its school system. The leaves the district may use but not limited to are: Sabbatical, Disabilities, Long Term, Child, Family and Medical, sick, personal and emergency.
KMA Sabbatical Leave
Sabbatical leave opportunities are provided on a limited basis to faculty members who wish to engage in other professional experiences while still maintaining their seniority and job security with the MLS Public School District.
KMAB Sabbatical Leave Policy
Purpose
The sabbatical leave policy is designed to provide opportunity to engage in professional experiences having a major focus on self-improvement.
Qualifications
The applicant must have been employed as a full-time classroom teacher for at least five consecutive years, by the MLS School District. The applicant must not have been granted a sabbatical leave of absence from the district during the five consecutive years of service immediately preceding the current application.
Application
Applications shall be filed with the office of the superintendent by April 1, for leave beginning the following school year. Applicants requesting sabbatical leave shall be notified within 45 days of their application as to their status. If such leave is granted the applicant, the applicant will have 14 days in which to notify the Board as to their acceptance. Applicants for sabbatical leave shall include an outlined plan for the period requested with their application forms. This plan shall be indicated on the application form or as an attached statement and shall include details of a project such as research, writing, and travel to be pursued independently by the applicant.
Compensation
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A sabbatical leave of absence may be for one academic year and shall be unpaid leave. Upon return from such leave, the returning employee would receive negotiated salary increase for the year they returned, but not for the year they were absent.
Status While on Sabbatical Leave
While on leave, the applicant may have the option of retaining insurance benefits at their personal expense during the absence, with payment due in the business office 15 days prior to the premium due date, which is normally the first day of the month. Any administrative costs will be borne by the applicant.
Status on Return from Sabbatical Leave
A teacher on leave will be assured a position in the school system at the conclusion of the leave, provided that written notice of intent to return is received by the superintendent, no later than March 1 of the calendar year in which said leave is to be completed, but reassignment to the same teaching area is not guaranteed. Assignment will be made in the teacher's major or minor area. Failure to submit the written notice of intent to return on or before March 1 shall be deemed to be a voluntary resignation and waiver of the right to reemployment. A teacher returning from Sabbatical leave will be entitled to unused accumulated leaves to which he or she was entitled when the sabbatical leave commenced.
KMB Child Care Leave and Family and Medical Leave
Child Care leave opportunities are provided on a limited basis to faculty members who wish to spend one academic year of absence from his/her teaching duties for childcare while still maintaining their seniority and job security with the MLS Public School District. Procedures for applying for such leave are stipulated in the District policy regulating such leaves.
Family and Medical Leave shall be available to all employees in compliance with applicable Federal Law. FMLA law can be found in the districts two faculty handbooks and posted in the main office area.
KMBA Child Care Leave Policy
Purpose
The Child Care leave policy is designed to provide a teacher-parent a leave of absence to care for a young child without loss of employment rights with the MLS School. Any leave that the employee is entitled to under the Family and Medical Leave Act shall be considered a part of the childcare leave and shall not be in addition to this leave.
Qualifications
The MLS School District must have employed the applicant as a full-time classroom teacher for at least two consecutive years. The applicant must not have been granted a sabbatical leave of absence or a childcare leave from the district during the two consecutive years of service immediately preceding the current application.
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Application
Applications shall be filed with the office of the superintendent by April 1, for leave beginning the following school year. Applicants requesting childcare leave shall be notified within 45 days of their application as to their status. If such leave is granted the applicant, the applicant will have 14 days in which to notify the Board as to their acceptance. Applicants for childcare leave shall include an outlined plan for the period requested with their application forms. This plan shall be indicated on the application form or as an attached statement and shall include assurances that the leave will be used according to the intent of the policy. Use of leave for purposes other than intended will result in a loss of re-employment rights.
Compensation
A childcare leave of absence must be for one academic year and shall be unpaid leave. Upon return from such leave, the returning employee will receive negotiated salary increase for the year they return, but not for the year they were absent.
Status While on Child Care Leave
While on leave, the applicant may have the option of retaining insurance benefits at their personal expense during the absence, if allowed by the insurance carrier, with payment due in the business office 15 days prior to the premium due date, which is normally the first day of the month. Any administrative costs will be borne by the applicant.
Status on Return from Child Care Leave
A teacher on leave will be assured of a position in the school system at the conclusion of the leave, provided that written notice of intent to return is received by the superintendent, no later than March 1 of the calendar year in which said leave is to be completed, but reassignment to the same teaching area is not guaranteed. Assignment will be made in the teacher's major or minor area. Failure to submit the written notice of intent to return on or before March 1 shall be deemed to be a voluntary resignation and waiver of the right to reemployment. A teacher returning from childcare leave will be entitled to unused accumulated leaves to which he or she was entitled when the childcare leave commenced.
Child Care Committee
A committee of five members shall review all applicants for childcare leave. The Teachers shall appoint two and the School Board shall appoint two; the superintendent will serve as the fifth voting member and as chair of the committee. The committee shall consider the following criteria:
1. Merit of the applicant's request.
2. Availability of a suitable replacement teacher.
Selection
The Child Care Committee may make the final selection and recommendation to the Board from the list of applicants. Annually, one teacher from each of the two levels, K-6 and 7-12 may be presented for childcare leave by the committee to the School Board for final approval.
Upon any change in this policy, the administration will notify the teaching staff on any changes made.
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KMBB FAMILY & MEDICAL LEAVE
The District will comply with the Family and Medical Leave Act.
Twelve-Month Leave Description
Eligible employees may request, and upon approval use, unpaid family and medical leave in accordance with and for the applicable duration guaranteed by the federal Family and Medical Leave Act. Unless subject to an exception in law, FMLA shall be made available for up to a combined total of 12 weeks [beginning August 1 and ending July 31 of the next year].
KMBC FAMILY AND MEDICAL LEAVE REGULATIONS
Procedure to Request Leave
Foreseeable FMLA leave shall be requested 30 days in advance. If 30 days’ notice is not practicable, the employee shall provide notice as soon as possible. An employee shall at least provide verbal notice of leave to the Superintendent. Requests for foreseeable FMLA leave should be made in writing and include the reason for the leave, anticipated duration, and anticipated commencement date.
Request for Medical & Qualifying Exigency Certification
When requested, medical or qualifying exigency certification shall be provided in accordance with law. Failure to provide certification or adequate certification may result in delaying or denying an employee’s leave request. Medical certification must contain all components of law.
Intermittent or Reduced-Leave Requests
1. The Board limits leave increments to one-hour periods of time.
2. An employee should follow the regular notice procedures when requesting an intermittent or reduced-hour leave. If the leave is taken because of the birth or placement of a child, leave may be taken intermittently or on a reduced schedule only if the Superintendent agrees.
Response to Leave Request
Response to leave requests will be made in accordance with 29 CFR 825.300. When applicable, the District will require fitness-for-duty documentation certifying that an employee is able to perform essential job functions as a condition of returning to work. The District shall provide notice of this requirement to employees in accordance with law.
Posting and Notice to Employees
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Building principals shall post a notice explaining the FMLA's provisions in a location where it can be readily seen by employees and applicants for employment. The FMLA Fact Sheet, published by the Department of Labor, Wage and Hours Division, shall be incorporated into any employee handbook.
Recordkeeping
The Superintendent shall ensure that records are kept according to the requirements contained in law.
KMC SICK LEAVE
Certified employees shall receive paid sick leave subject to the provisions of the negotiated agreement.
Requesting Sick Leave
Requests for sick leave must include the nature of the disability and shall be made in accordance with board regulations. The district has the right to request medical certification for absences subject to the provisions of the negotiated agreement as a prerequisite for the awarding of sick leave and the response to the request shall be made in accordance with board regulations. In the event a second medical opinion is requested by the Superintendent, the district shall pay the expense.
Pregnancy Disability Leave
Pregnancy disability shall be treated the same as any other disability for the purpose of sick leave and is subject to the limitations of this policy. The employee is free to determine when she will commence her leave. The District will not mandate that pregnancy leave be taken for a prescribed duration of time. Requests for sick leave must include the nature of the disability and shall be made in accordance with board regulations and may, at the employee’s discretion, occur earlier than timeframes contained in regulations in order to allow the District ample time to locate a replacement.
Long-Term Sick Leave
Leave for a serious health condition and health restoration will be granted in accordance with District’s FMLA and health restoration policies.
KMCA Payment for Unused Sick Leave
One of two different options, whichever provides the best benefit to the teacher, shall be considered for a payment to teachers for unused sick leave in any one-year.
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Option No. 1: Any teacher employed in a certified position with the MLS School shall be entitled to a payment of $120 in MLS Dollars (or cash if MLS Dollars are no longer used) if no Sick Leave Days, or parts thereof, have been used by such teacher during the current term. Sick Leave Days would be those as described in the Professional Negotiations Agreement.
Option No. 2: This option applies to any teacher who has accumulated the maximum number of accumulated sick leave days, currently 60, as indicated in the Negotiated Agreement between the Board and the MLS Education Association. For the purpose of calculating this benefit, at the beginning of each school year, ten (10) days of sick leave shall be added to each teacher's accumulated total, not to exceed 70 days. At the end of the school year, the teacher shall be paid $12 per day for all days in excess of 60. Payment shall be made in MLS Dollars. For the purpose of calculating amount of payment, days absent will be determined by "periods" used (7 periods = 1 day). All days used shall be subtracted from the maximum accumulation of 60 days.
The MLS School District will pay certified employees $10.00/day for unused sick leave when they leave the school district. The maximum number of days allowed would be 60 if an employee has accumulated the maximum sick leave amount. District incentives for attendance are considered a separate item and will not be considered part of this policy.
KMD Short Term Leave of Absence
This section shall cover those short-term leaves of absence identified as Personal, Professional, and Emergency Leave. The School Board recognizes the fact that the professional staff may have to be absent from their assigned duties for various personal, professional, or emergency reasons. It is also aware that there is a need for consistency in administering the various requests for a leave of absence. A specified policy shall be adopted and be made available to all professional staff.
KMDA Short Term Leave of Absence Policy - Certified Teaching Staff
The Board of Education recognizes the fact that the professional and non-certified staff may have to be absent from their assigned duties for various personal, professional, or emergency reasons. It is also aware that there is a need for consistency in administering the various requests for a leave of absence. (Sick leave and Sabbatical Leave are covered under separate agreements or policies) The following guidelines shall be used:
KMDB Personal Leave
Each certified teaching staff member of the MLS Public School District shall be granted Two Personal Leave days per year, accumulative to six days. Two additional days may be granted subject to a salary deduction based on the cost of a
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substitute as established by the school board. Additional days of personal leave beyond a staff member accumulated days and those days with a substitute reduction will result in a 1/181-salary reduction of the employee's salary for each subsequent day. A "Request for Leave" will be submitted to the appropriate building principal for approval and then approved through the superintendent's office.
Except in special circumstances, as determined by the superintendent, no personal leave shall be granted for the first two weeks or the last two weeks of school. No more than two teachers may be granted personal leave at any one time from one building. Leave may not be taken in less than 1/2 day units. Unused personal leave days in excess of six days will be purchased back by the MLS District at $25.00 per day.
Staff members can exchange 5 days of sick leave for 1 additional day of personal leave. This leave can be used only when all personal leave has been used. This exchange of sick leave for personal leave can only be used once during a school year.
KMDC Professional Leave
Teachers in the MLS Public School may be granted leave for the purpose of participating in an educational conference or workshop under the following provisions:
1. The conference/workshop must be directly related to the teaching field of the teacher.
2. Procedures to be followed when applying for leave:
a. A "Request for Leave" application will be submitted to the building principal for approval or disapproval.
b. "Approved" requests will be submitted to the superintendent for approval or disapproval.
c. The teacher will be notified of the action taken. If request is denied at any level, a second review conference may be held between the teacher and the superintendent, if requested by the teacher.
3. If a professional activity is approved, there will be no loss of salary, and the District will assume the cost of the substitute teacher. The teacher will assume any additional expenses. Any continuing education credits earned may be submitted for reimbursement under terms stated in the Negotiated Agreement.
4. When a professional activity is required or is assigned by the superintendent, the normal District reimbursement for expenses will be made to the teacher. The District shall have the option of paying the continuing education credit charge in lieu of the reimbursement as stated in the Negotiations Agreement.
5. In-Service leave for non-certified personnel will be considered on an individual basis,
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KMDD Emergency Leave
Emergency leave is defined as an absence for events that are unforeseen or for those events, which are tragic or unique to the individual employee. Bereavement or funeral leave would apply to this type of leave. Circumstances surrounding the emergency will be considered when granting the number of days required. No salary deduction will be made for "emergency" leave. Up to 5 days per year may be used. The superintendent will review any extenuating circumstances.
If sick leave is applicable to the emergency, provisions of the Sick Leave Policy shall apply.
If circumstances allow, a "Request for Leave" shall be submitted to the superintendent for approval or disapproval before such leave is granted.
KME Other Leaves
Other available and applicable paid vacation, personal, family, sick or other paid leave will be substituted for family and medical leave necessitated by birth, adoption/foster care placement, a family member's serious health condition, an employee’s own serious health condition, qualifying exigency, or to care for covered service member in accordance with law. Any substitution required by this policy will count against the employee's family and medical leave entitlement. The District will pay family leave or sick leave only under circumstances permitted by the applicable leave plan.
Medical & Qualifying Exigency Certification
The Superintendent may request medical certification for an employee’s or his/her spouse’s, parents, children, or, when applicable, next of kin’s serious health condition and shall do so in accordance with federal law and district regulations. The Superintendent may also request qualifying exigency certification when an employee requests such leave.]
Notice of Leave
An employee shall provide notice in accordance with regulations. If deemed necessary, the Superintendent may waive notice requirements. The Superintendent will notify the board of such waiver.
Return to Work
An employee returning from family and medical leave will be given a position equivalent to his or her position before the leave, subject to the district’s reassignment policies, negotiated agreement, and practices. Instructional
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employees may be required to wait to return to work until the next academic term in certain situations as provided by law.
Implementing Procedures
The Superintendent shall develop procedures to implement this policy consistent with the federal Family and Medical Leave Act.
Requesting Sick Leave/Paid Sick Leave
Requests for sick leave must include the nature of the leave and shall be made in accordance with board regulations. The district has the right to request medical certification for absences subject to the provisions of the negotiated agreement as a prerequisite for the awarding of sick leave and the response to the request shall be made in accordance with board regulations. In the event a second medical opinion is requested by the Superintendent, the district shall pay the expense. Certified employees shall receive paid sick leave subject to the provisions of the negotiated agreement.
Pregnancy Disability Leave
Pregnancy disability shall be treated the same as any other disability for the purpose of sick leave and is subject to the limitations of this policy. The employee is free to determine when she will commence her leave. The District will not mandate that leave be taken for a prescribed duration of time. Requests for sick leave must include the nature of the disability and shall be made in accordance with board regulations and may, at the employee’s discretion, occur earlier than timeframes contained in regulations in order to allow the District ample time to locate a replacement.
Long-Term Sick Leave
Leave for a serious health condition and health restoration will be granted in accordance with District’s FMLA and health restoration policies.
KO Drug Free Workplace
The MLS School Board has designated all of its facilities and grounds as "Tobacco Free" and "Drug Free". Tobacco use is not allowed anywhere on school property. The school has a clear responsibility to maintain an atmosphere, which will promote a quality-learning environment. The misuse of alcohol and other drugs may endanger the safety and well-being of all the employees and all students. It is necessary that our employees be made aware of the danger inherent in making unwise choices about chemical use. Further it is the responsibility of the school to
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intervene when the school's learning environment or employee's ability to perform assigned duties is threatened.
KOA Drug Free Workplace Policy
The MLS Public School District No. 1 intends to maintain a drug-free workplace.
The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in any building belonging to or used by the MLS Public School District No. 1 or on the grounds of any such building or on any property or in any vehicle belonging to the MLS Public School District No. 1 or at any school-related activity.
Disciplinary sanctions will be imposed on any employee violating this policy up to and including termination. The Employee Assistance Plan may be utilized if the violation is possession or use. Other violations will result in more immediate action, which may include discharge, notification of the federal agencies from which funds are received, and notification of proper authorities for prosecution.
Employees are required to notify the Superintendent of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. The Superintendent will notify any federal agency indicated above or any conviction resulting from a violation occurring in the workplace.
This policy shall be distributed to each employee and to each new employee at the time of employment. Agreement to this policy shall become a condition of employment. The Superintendent shall maintain documentation of employee receipt of this information.
The MLS Public School District #1 will review this policy and its implementation annually to ensure that disciplinary sanctions are consistently applied and to determine the effectiveness of the program for the prevention of alcohol and other drug use/abuse. Minutes of the School Board meeting at which this review takes place shall document the review.
KOB Alcohol and Drug Abuse Policy - Employee
The school has a clear responsibility to maintain an atmosphere, which will promote a quality-learning environment. The misuse of alcohol and other drugs by one employee may endanger the safety and well-being of all other employees and all students. It is necessary that our employees be made aware of the danger inherent in making unwise choices about chemical use. Further it is the responsibility of the school to intervene when the school's learning environment or employee's ability to perform assigned duties is threatened.
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Therefore, the School Board of MLS Public School District #1 supports the strict enforcement of the following alcohol and drug policy:
1. The use, possession, distribution, dispensing or manufacture of alcohol or any illegal drug is prohibited in any building belonging to or used by the MLS Public School District or on the grounds of any such building or on any property or in any vehicle belonging to the District or at any school-related activity.
2. The District will utilize positive discipline procedures if the violation is possession or use. Other violations will result in more immediate action, which may include discharge, notification of federal agencies from which funds are received, and notification of proper authorities for prosecution. Due process procedures will be followed in any such termination.
3. The District will provide an employee assistance plan as a service to employees of the school in overcoming problems that may jeopardize continued employment and health. This service will provide information for counseling and treatment referral so that employees may seek and get counseling on alcohol and drug matters at any time without fear of reprisal and with assurance of the confidentiality of the counseling. Providing information for referral or treatment when needed should be a constructive and not a punitive action. We recognize that chemical addiction is a treatable disease. Employees shall be allowed to use sick leave, to the extent accumulated, for chemical addiction treatment if undertaken at a facility approved by the Division of Alcohol and Drug Abuse of the North Dakota Department of Health. However, no employee shall be granted sick leave for inpatient treatment of alcoholism/chemical dependency more than twice.
4. The District will attempt to provide a supportive school environment for students and staff who have been harmfully involved with drugs and alcohol, including those whose families are disrupted by chemical abuse.
5. This policy shall be distributed to each employee and to each new employee at the time of employment. Agreement to this policy shall become a condition of employment. The Superintendent shall maintain documentation of employee receipt of this information.
Procedure if Harmful Chemical Use is Suspected
1. When behavior that may indicate misuse of alcohol or drugs is observed a "Record of Behavioral Data" will be completed by the supervisor. The supervisor will not attempt to make allegations or diagnose behavior beyond observed and reported behavior.
2. If accumulated information appears to indicate a high probability that the employee's job performance is endangered the supervisor will either conduct an interview with the employee or turn the information over to the superintendent who will conduct the interview. At the interview the employee will be asked to comment on their use of alcohol or drugs.
3. A formal chemical dependency diagnostic interview {and treatment, if the report of diagnostician indicates a need for treatment} may be made a condition of continued employment if the employee's job performance is adversely affected.
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4. The school will make every effort to provide supportive assistance to those employees who return after completing a therapeutic regimen, realizing that behavior change in an unchanged environment is especially difficult.
KP Early Retirement Policy
Early Retirement is in its sunset phase in which over the next three (3) years this policy will be gradually removed. For the school year 2010-2011 this policy will remain 100% in effect, 2011-2012 this policy will be 66% in effect and 2012-2013 this policy will be 33% in effect. 2013-2014 this policy will no longer be in effect.
KQ Contagious Diseases
Any employee afflicted with a Significant Contagious Disease shall be subject to specific disease containment procedures as specified in the District policy that outlines such procedures.
KQA Significant Contagious Diseases Policy
Education – Students
The intent of the instructional program on significant contagious diseases is to provide information about the diseases, methods of transmission, the means of protecting against contracting the diseases in an institutional setting, the use of universal precautions, and prevention appropriate to specified grade levels. Instruction will be provided beginning in Grade K and continue through Grade 12.
Appropriate curriculum will be designed including a scope and sequence to assure that all students receive age-appropriate education integrated in the health curriculum. The superintendent is charged with recommending revisions in the program to the School Board to update and modify the curriculum, as new information about significant contagious diseases is made available. Any curriculum and materials developed for use in this program will be approved for medical accuracy by the Department of Public Instruction and/or State Department of Health according to the guidelines furnished by the Center for Disease Control.
Prior to the start of the student instructional program, and at any time thereafter, parents and guardians of students who will be involved with the curriculum and materials will have an opportunity to preview the curriculum and materials in a specific program being presented. Thereafter, any parent or guardian may review the curriculum and materials at any time including any revisions in the program to update and modify the curriculum, as new information about significant contagious diseases is made public.
The school district, at least one month prior to teaching significant contagious disease prevention education in any classroom, will conduct for the parents and
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guardians of the students involved, during weekend and evening hours, at least one presentation concerning the curriculum and materials that will be used for such education.
Education – Employees
All employees of the school district will receive appropriate training, which addresses significant contagious disease prevention. The training will be presented by a health professional or someone specifically qualified in education for the prevention of significant contagious diseases. Training will include the proper use of universal precautions.
Those employees designated to teach significant contagious disease prevention to students will receive additional in-service from qualified health education professionals.
Education - Independent Contractors
All independent contractors performing services for the district will receive a brochure concerning significant contagious diseases upon entering into a contract with the district. The brochure shall contain information regarding the transmission of significant contagious diseases in an institutional setting, the means of protecting against contracting the diseases in an institutional setting, and the use of universal precautions.
Confidentiality
No employee or official of the MLS Public School District may inform individual of an affected individual's infection. No employee or official may release any information to the public either confirming or denying the presence within the institution setting of a person who has contracted a significant contagious disease. All information given to employees or officials of the district by an affected person, their parent or guardian, or their personal physician shall remain confidential.
Attendance, Employment and Contracts
No person may be denied admission as a student, a contract as an independent contractor, or employment solely because they have, or they are perceived to have, a significant contagious disease. The personal physician of the affected individual shall be the sole decision maker as to whether the individual constitutes a public health threat or the ability of the individual to continue in school (except as provided below) or perform their duties.
When a student's personal physician, or in the case of student who is defined as disabled under the Individuals with Disabilities Education Act or NNCC chapter 15-19, the multidisciplinary team determines that the student is unable to participate
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in regular classroom instruction, either reasonable accommodations, special provisions, or an individualized education program will be provided. The superintendent shall establish procedures for the development of special provisions.
When an employee's, prospective employee's or independent contractor's personal physician determines that the employee, prospective employee or independent contractor cannot perform their duties, the district will consider and implement reasonable accommodations to allow the affected individual to become or continue as an employee or contract or continue an existing contract as an independent contractor.
Universal Precautions
The MLS Public School District will use universal precautions as standard procedure in the care and maintenance of school property and in administering first aid or otherwise handling emergencies.
Designation of Spokesperson
The superintendent is designated as the person to receive information concerning the status of students, employees, and independent contractors from their physicians. The superintendent shall be the official spokesperson for the institution when information concerning an affected individual becomes public and may not delegate this duty. The superintendent shall develop procedures that protect against possible breeches of confidentiality. The superintendent may request assistance from the Department of Public Instruction or State Department of Health in developing a plan for conflict resolution.
Discrimination
It shall be a violation of school policy for any student, employee, or official to harass or discriminate against any affected individual within the institutional setting on the basis of having been diagnosed as having a significant contagious disease(s). No harassment or discrimination will be tolerated in any school building, at any school function, or on any school property.
Definitions
1. "Affected person," "affected individual “or” affected student" means an individual who has been diagnosed by a physician as having contracted a significant contagious disease.
2. "Decision maker" is the affected person's personal physician. However, whenever an affected student is also disabled as defined under the Individual Disabilities Education Act, 20 U.S.C. 1401(a)(1) or the North Dakota Century Code chapter 15-59, the decision maker is the multidisciplinary team provided for under subsection 4 of North Dakota Century Code section 15-34.1-03.
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3. "Employee" mean all persons employed by the institution including faculty, maintenance, and administrative personnel.
4. "Governing Body" means the school board.
5. "Independent contractor" means any person or entity who is free of control or direction over performance of the services provided both under the contract and in fact, who renders service outside the ordinary course of business or outside of the place of business of the contractor and who is engaged in an independently established trade, organization, profession, or business.
6. "Individualized education program" denotes a specialized education plan created in compliance with 20 U.S.C. 1401(a) (19).
7. "Institution" means this school district.
8. "Reasonable accommodations" is as defined by subsection 16 of North Dakota Century Code section 14-02.4-02 or U.S.C. 794.
9. "Significant contagious disease" includes cytomegalovirus (CMV), Hepatitis B (HBV) and human immunodeficiency (HIV) infection. The local board of health or the state health officer may determine that other diseases are significant contagious diseases.
10. “Special provisions" are individually tailored education decisions designed to meet the needs of students requiring unique accommodations to ensure an educational opportunity. Special provisions are directed to students not covered by an individualized education program.
11. “Universal precautions" means protecting one's self from exposure to blood or body fluids, through the use of latex gloves, masks, or eye goggles, cleaning blood and body fluid spills with soap and water and then disinfecting and incinerating or decontaminating infected waste before disposing in a sanitary landfill.
KR Patron/Parent Complaint Procedures
Under most circumstances parents who lodge a complaint against a teacher will be referred to that teacher for resolvement of the problem. If the situation is such that this procedure fails to resolve differences or if the parents refuse to meet personally with the teacher, the complainant shall be required to submit a written complaint on the form provided by the District.
The teacher will be notified of the complaint and will be given an opportunity to respond to the charges. The building principal and the superintendent will investigate the complaint and review the response and attempt to resolve the differences between the parent and the teacher.
If the teacher/parent is not satisfied with the judgment of the superintendent and the building principal, he/she may appeal the decision to the School Board.
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KRA Patron Complaint on Personnel
The Board recognizes that complaints from concerned patrons are inevitable. In order to provide an effective procedure for responding to complaints in a manner that is in the best interests of promoting better educational opportunities for children, the following policy is adopted.
Complaints about personnel shall be directed to the principal or other supervisor directly responsible for supervision of that employee. The supervisor shall:
1) Investigate the complaint.
2) Promptly notify the employee if the complaint is to be placed in the employee's personnel file. The decision to place information into any personnel file will be made by the administration based on the results of an inquiry or investigation.
3) Schedule a meeting of the employee, the complainant, and the supervisor if deemed appropriate.
4) Provide a response to the complainant within fifteen (15) days of receipt of the complaint. Upon conclusion of the investigation, the complainant will be informed as to the outcome of the investigation and the disposition of the complaint. If either party is not satisfied with the handling of the complaint, the matter can be appealed to the Superintendent for final resolution.
To be considered for investigation, any such complaint must have been filed within 180 days of the alleged occurrence. (Exception of the 180 days would be an accusation of sexual abuse.)
Complaints about the Superintendent shall be directed to the Board President, who shall follow the same procedure.
This procedure is intended to minimize the risk of a possible action for libel or slander, to retain the impartiality of the Board, and to maximize compliance with North Dakota law.
KRB Complaints about Instructional Materials
Citizens of the school community who wish to register a criticism about the appropriateness or absence of instructional materials should obtain the "Request for Reconsideration of Instructional Resources" form from the building principal.
All criticism shall be on the "Request for Reconsideration of Instructional Resources" form, and the complaint must be specific as to author, title, publisher
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or producer, date of publication, and when relevant, page numbers of items to which objection is being made.
Upon completion of the "Request for Reconsideration of Instructional Resources" form, it shall be submitted to the building principal. The principal shall follow the established procedure for processing and responding to criticism of approved material. (See Policy GBFA)
This district subscribes to the philosophy stated in the School Library Bill of Rights.
KS Professional Development Plan
Mission
To develop a program of professional development that will translate into more effective teaching that will result in greater academic achievement on and related performances on the part of our students.
Introduction
At the center of educational reform and instructional improvement lies professional development for teachers and administrators. Successful professional development includes: specific application of best practices; teacher exposure to practices in action of "master" teachers; opportunities to observe "master" teachers in action; opportunities for group support and collaboration; and formative and summative evaluations and feedback by skilled practitioners. The foremost goal of any such professional development is that it will result in improved performances on the part of the students.
KSA Professional Development Plan
Shall follow the step and practices as outlined by state law.
KT Enrollment Dates, Class Size, Course Preparations, Multiple Sites and RIF for teacher compensation stipends
Census dates for the district during the first semester will be the second Monday in September and the second semester will be the second Monday in February. Compensation will be paid for only one of the following (Class Size or Course Preparation) per semester.
Class Size policy does not apply to courses such as physical education, health, art, shop, music and study hall.
Course Preparations are individual class periods assigned by the administration excluding special education assignments.
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KTA Class Size Policy-Elementary
If an elementary classroom teacher has an enrollment of 23 or more students on the census date that teacher will be compensated $500.00 for that semester.
KTB Class Size Policy-Secondary
If a secondary classroom teacher has an enrollment of 25 or more students in any class on a census date that teacher will be compensated $100.00 per student with a maximum of $500.00 per semester.
KTC Course Preparations and Combination Classes
If a secondary teacher has 5 different course preparations and at least 100 students during a semester that teacher will be compensated $500.00 for that semester.
If a secondary teacher has 6 different course preparations and at least 80 students during a semester that teacher will be compensated $500.00 for that semester.
Special Education assignments do not qualify as an extra preparation.
Any elementary teacher assigned as the full-time combination classroom teacher will be compensated $500.00 per semester.
KTD Multiple School Assignments
Any staff members required to teach at two different school sites during the school day will have travel time count toward their instruction time.
KTE Reduction in Force – Health Insurance
Any staff member that is nonrenewed due to a reduction in force, said teacher will be allowed to remain on the district health plan for a period of one year with the district contributing the district negotiated amount toward that premium. The individual teacher will be required to pay the difference between the district share and premium amount. This policy is only in effect if other employment doesn’t offer a health insurance plan
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L. NON-INSTRUCTIONAL STAFF PERSONNEL
LA Classification of Employees
The non-instructional personnel classification shall include office staff members, teacher aides, custodians, hot lunch personnel, and bus drivers.
LB Employment and Dismissal
The hiring practices of the MLS Public School shall be to hire the best-qualified person for a given position. The Superintendent of Schools shall have the responsibility of interviewing and recommending candidates to the School Board for their approval. The Board will hire no staff member without the recommendation of the Superintendent. All non-instructional job openings will be advertised prior to filling vacancies. Job descriptions, salary, etc. will be provided to all applicants seeking employment for advertised vacancies.
Dismissal of non-instructional employees shall be reserved to the Board of Education upon recommendation from the Superintendent. No employee may be dismissed without a recommendation from the Superintendent. The Superintendent may suspend an employee for good cause until a formal Board Meeting is arranged to discuss the matter.
LC Duties and Responsibilities
The Superintendent shall determine job descriptions, duties and responsibilities, concerning non-instructional personnel in accordance with policies approved by the School Board.
LD Supervision and Assignment of Duties
All non-instructional personnel shall be under the supervision of the Superintendent. However, building principals may be delegated administrative supervision of non-instructional personnel. The administrative staff will make at least one written job-performance evaluation per year on each non-certified staff member that is classified as a fifty percent or more employees.
The Superintendent shall have to responsibility for the assignment of duties for all non-instructional staff. The classroom teacher under whom the aide works will assign specific duties for teacher aides.
LE Hours of Duty
The Superintendent will set time schedules, working hours and days for all non-instructional personnel. Such personnel should recognize that the nature of their
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work, school activities, enrollment, and program changes might necessitate changes in working hours and length of working day. Such changes shall be at the discretion of the Superintendent. All over time will need to be approved by an administrator.
LF Wages and Fringe Benefits
Entrance-level wages/salary will be determined through a set salary schedule established by the Superintendent and approved by the School Board. The Superintendent may adjust the entrance salary dependent upon the needs of the district and the experience of the potential candidate. No non-instructional staff members will receive less than the Federal Minimum Wage. Those teacher aides who have teaching degrees will receive special consideration, commensurate with the duties and responsibilities assigned to them. The School Board shall approve salary and benefit increases.
Health insurance premium benefits will be provided to those non-instructional staff members who are employed 32 hours a week. The district’s share for health insurance will be prorated based on the number of hours an employee works compared to a 2080-hour full-time position. The employee will have an option of taking either the health insurance or cash payment based on IRS regulations section 125. The cash payment will be prorated based on the percentage of employment of a full year.
The District will pay 9.12% to the Public Employees Retirement program for all non-instructional staff members who work more than 20 hours per week.
LG Vacation Days
Paid vacation will be provided as a fringe benefit to those employees who are employed full time for a 12-month period. Vacation time will be cumulated at .8333 days per month for a maximum of 10 days per year for the first 10 years of employment, 1 day of vacation time will be earned per month for the next 10 years for a total of 12 days and thereafter 1.25 days of vacation time will be earned per month thereafter for a total of 15 days per year. Vacation time must be earned prior to usage. Employees will be allowed to carryover up to 7 days of vacation time to the next school year and any days over seven will be lost.
LH Physical Examinations
All Food Service Personnel and Bus Drivers shall obtain such medical examinations as required by law. Required physical examinations for Food Service personnel and route and activity Bus Drivers approved by the Superintendent shall be paid for by the MLS School District.
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LI Drug and Alcohol Testing
All bus drivers who are required to have a Commercial Driver’s License to drive a school bus in the transportation of students for the District shall be subject to the provisions of the Omnibus Employee Testing Act of 1991. A packet of information regarding the District's policy and procedures will be made available to all drivers who fall under the provisions of the Act.
LIA Drug and Alcohol Testing for Employees
The MLS Public School District is committed to the establishment of a drug and alcohol misuse prevention program that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991. The policy shall apply to all employees who hold a Commercial Driver’s License and who perform bus-driving duties for the District. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by employees performing safety-sensitive functions.
All employees subject to this policy shall be prohibited from:
1. The use of any controlled substance on or off duty, unless a written prescription from a licensed doctor or osteopath is provided along with a written statement from the doctor or osteopath that the substance does not adversely affect the employee's ability to safely operate a motor vehicle or perform other safety-sensitive functions;
2. The misuse of alcohol that could affect performance on the job including use on the job, use during the four hours before performing a safety-sensitive function, having prohibited concentrations of alcohol in their systems while performing a safety-sensitive function and use during eight hours following an accident.
"Controlled substance" in this policy refers to those covered by the Omnibus Act, including marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP).
All covered employees shall be subjected to reasonable suspicion, random, post-accident, return-to-duty and follow-up alcohol and drug testing pursuant to procedures set out in the federal regulations. These procedures use an evidential breath-testing device for alcohol testing. For controlled substances testing, urine specimen collection and testing by a laboratory certified by the U. S. Department of Health and Human Services shall be required.
Pre-employment drug testing, using the same procedures as described above, shall be administered to an applicant offered a position in the District prior to the first time the employee performs any safety-sensitive function for the District. An applicant who tests positive will not be hired for any safety-sensitive position.
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Random alcohol testing shall be limited to the time period surrounding the performance of safety-related functions, which includes just before or just after the employee performs the safety-related function. Controlled substances testing may be performed at any time while the employee is at work.
An employee covered by the federal regulations may not refuse to take a required test.
If the testing confirms prohibited alcohol concentrations levels or the presence of a controlled substance, the employee shall be removed immediately from safety-related functions in accordance with the federal regulations. Before an employee is reinstated, if at all, the employee shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation and undergo a return-to-duty test with verified test results.
The Board retains the authority consistent with state and federal law to discipline or discharge any covered employee who is an alcoholic or chemically dependent and whose current use of alcohol or drugs affects the employee's qualifications for and performance of the job.
The District is not required under federal law requiring drug and alcohol testing to provide rehabilitation, pay for substance abuse treatment or to reinstate the employee. All employment decisions involving reinstatement, termination or dismissal shall be made in accordance with applicable state law and District policy.
The District shall maintain records in compliance with the federal regulations in a secure location with controlled access. With the employee's consent, the District may obtain any of the information concerning drug and alcohol testing from the employee's previous employer.
An employee shall be entitled upon written request to obtain copies of any records pertaining to the employee's use of alcohol or controlled substances including information pertaining to alcohol or drug tests. Statistical records and reports shall be maintained and made available to the Federal Highway administration for inspection or audit in accordance with federal regulations.
Records shall be made available to a subsequent employer upon receipt of a written request from an employee only as expressly authorized by the terms of the employee's request.
The District shall take steps to insure that supervisors receive proper training to administer the drug and alcohol testing program and those employees receive the notifications required by federal regulations.
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LJ Family and Medical Leave
Family and Medical Leave shall be available to all employees in compliance with applicable Federal Law. The provisions of this policy shall be available only if the number of employees equals 50 or more on the regular payroll of the MLS School District at the time of application for such leave. See family and medical leave policy in Section K.
LL Short Term Leave of Absence- Personal, In-service, Emergency, Sick Leave
This section shall cover those Short-Term Leaves of absence identified as Personal, In-Service, Emergency, and Sick Leave for non-certified staff. A specified policy shall be adopted and be made available to all professional staff. A record of such absences shall be maintained in the Main Office.
LLA Short Term Leave of Absence Policy - Ancillary Staff
The School Board recognizes the fact that the non-certified staff may have to be absent from their assigned duties for various personal, professional, emergency, and sick leave needs. It is also aware that there is a need for consistency in administering the various requests for a leave of absence. The following guidelines shall be used:
LLAA Personal Leave
Each ancillary staff member (Cooks, Custodians, Teacher Aides, and Office Personnel) of the MLS Public School District shall be granted two personal leave days based on their workday per year, non-accumulative, without loss of wages. Personal leave granted in excess of two (2) days shall result in a loss of wages for the period of time missed. Employees (bus drivers) of less than 20 hours are entitled to two driving days per year, non-accumulative.
A "Request for Leave" will be submitted to the Superintendent for approval. Except in special circumstances, as determined by the Superintendent, no personal leave shall be granted for the first two weeks or the last two weeks of school. Leave may not be taken in less than 1/2 day units.
LLAB In-Service Leave
Ancillary staff members in the MLS Public School may be granted leave for the purpose of participating in an In-Service conference or workshop under the following provisions:
1. The conference/workshop must be directly related to the job description of the employee.
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2. In-Service leave for Ancillary Staff personnel will be considered on an individual basis.
3. Procedures to be followed when applying for leave.
a. A "Request for Leave" application will be submitted to the Superintendent for approval or disapproval.
b. The Ancillary Staff member will be notified of the action taken. If request is denied, a second review conference may be held between the staff member and the Superintendent, if requested by the employee.
4. If an In-Service activity is approved, there will be no loss of wages, and the District will assume the cost of attending.
LLAC Emergency Leave
Emergency leave is defined as an absence for events that are unforeseen or for those events, which are tragic or unique to the individual employee.
Bereavement or funeral leave if for the immediate family as defined in the teachers collective bargaining agreement will be classified as emergency leave. The superintendent will determine the number of days the district will allow for paid leave for immediate family events. All other bereavement or funeral leave outside the immediate family will be considered emergency leave with no pay.
Circumstances surrounding the emergency will be considered when granting the number of days required. Such leave would be taken without pay. No wage deduction will be made for "Public Service Emergency Leave" such as a response to a fire or ambulance call if the person is a member of such squad and takes the normal "on-call" shift as is customary.
LLAD Sick Leave
Each Ancillary Staff Member whose job description calls for 20 or more hours per week during the regular school term shall be entitled to 5 days of paid sick leave based on their workday per year, cumulative to 20 days. The administration has the right, at its discretion, to request medical certification as a prerequisite for the awarding of sick leave.
In any one school year, no more than five (5) days of an employee's cumulative sick leave may be taken for the serious illness of spouse, children, father, mother, brothers and sisters. Extra leave may be granted at the discretion of the School Board.
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M. STUDENT BODY
MA Student Handbook Regulations The students of the MLS Public School shall be guided by the Student/Parent Handbooks developed and issued by the administration of the school. Every effort shall be made to adopt a minimum number of rules and regulations, yet an adequate number to provide a guideline for consistent application of policies for control of the student body. The Student/Parent Handbooks shall be revised and updated annually to reflect current administrative philosophies and changes in rules and regulations of governing bodies such as the NDHSAA. Any changes shall be approved by the School Board upon recommendation by the Superintendent of Schools. Once approved the Handbook Policies become District Policy.
MB Entrance Requirements
Entrance Requirements
1. Entrance Age
Children will be admitted to the Kindergarten Program if they have attained the age of 5 years by August 1 of the current year. Children entering the First Grade must be at least six (6) years of age on or before August 1 of the current year.
Children who by reason of special talents or abilities as determined by a series of developmental and readiness screening instruments approved by the School District may start school at a younger age. However, under no circumstances shall a child start Kindergarten if he/she is not five (5) years of age by December 1 of the current school year, or start First Grade if he/she is not six (6) years of age by December 1. Parents who wish to have their child tested for early entrance by an independent evaluation shall bear the total cost for such an evaluation. Any Parent will need to contact the school prior to May 1 to be considered eligible for early entrance. A team evaluation will be developed and a report, both verbal and written, will be provided to the parents of the child in question. The team decision will be final.
2. Immunization Records The parents or guardians of each child being enrolled in the MLS School District shall present a certificate from a licensed physician or authorized representative of the State Department of Health that the child has received immunization as required by state law.
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MC Admission of Non-Resident Students - Tuition The District will accept students from other districts under the provisions of the North Dakota “Open Enrollment” law. The provisions of the specific policies shall govern the procedures to be followed in regard to admission and tuition charges, as permitted by law. The School District in which a child resides at the time any court order or any other authority requiring a child to reside in the MLS District shall be construed to be the resident district for tuition purposes. School Districts sending students to the MLS School District because of closure of the school or certain Grade Levels therein, that district shall be required to pay tuition for such students, beginning with the first year of such an arrangement. The MLS School Board shall have the authority to enter into Tuition Waiver Agreements with sending and receiving districts where appropriate and permitted by law.
MCA Open Enrollment Policy The MLS Public School District will accept students from other districts under the provisions of the North Dakota open enrollment law. The MLS School Board at a regular or special meeting prior to April 1 will act upon open enrollment applications received from other North Dakota school districts. All applications will be reviewed and acted upon in the same chronological order as they were received by the school districts of residence. Criteria for acceptance or rejection shall be based upon the capacity of a program, class, grade level or school building. The MLS Superintendent of Schools shall determine the capacity of the program, class, grade level or school building. This district will not deny an application on the basis of previous academic achievement, participation in extracurricular activities, disabilities, English language proficiency, or previous disciplinary proceedings. This district will not give or offer to give remuneration, directly or indirectly exert influence upon the student or the student’s family in order to encourage participation in the open enrollment program for the purpose of having the student participate in varsity athletic activities. The district reserves the right for the Superintendent or his/her designee to determine the class schedule for students who are accepted under this policy. The business manager or designee will notify the parent or guardian and the resident district of the acceptance or rejection of an application within five days of the date on which board action was taken.
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MCB Tuition Fees The MLS District shall admit students from other districts to its school when it can be done without injuring or overcrowding its schools. When students are received from a district, which does not offer the grade level in which the student requires enrollment, the Board must charge tuition to the sending district, as prescribed by law. When the student has been placed at a group or residential care facility or a residential treatment center in accordance with state law the Board must charge tuition to the sending district unless an agreement to waive tuition payments has been entered into with the sending district. The MLS School Board shall have the authority to enter into Tuition Waiver Agreements with sending and receiving districts where appropriate and permitted by law. All tuition payments are billed to districts or persons at the beginning of the school term, and payment is due at the time of enrollment. All bills become delinquent at the end of the current semester. Students for whom tuition is not paid for a semester shall not be permitted to enroll for the following semester until proper arrangements have been made with the Board for the payment of previous accounts. An exception to the above may be made when it is determined that the pupil is homeless as defined by North Dakota and Federal Law, in which instance the pupil will be admitted when it is determined that attendance in this district is in the best interest of the student.
MCC Admission of Non-Resident Students The MLS District shall admit students from other districts to its school when it can be done without injuring or overcrowding its schools. When students are received from a district, which does not offer the grade level in which the student requires enrollment, the Board must charge tuition to the sending district, as prescribed by law. When the student has been placed at a group or residential care facility or a residential treatment center in accordance with state law the Board must charge tuition to the sending district unless an agreement to waive tuition payments has been entered into with the sending district. Admittance of students under the open enrollment law will be governed by Policy MCAA (Open Enrollment). The Board reserves the right to have the Superintendent/designate the class schedule for such students.
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MD Maintenance and Dissemination of Pupil Records MLS will maintain extensive and sometimes personal information about pupils and their families for educational purposes. All records pertaining to individual students are confidential and can only be inspected by students over age 18, parents, legal guardians and school officials. Parents, legal guardians or students of legal age shall have the right to a hearing to challenge the content of their child’s school to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein. Requests for a hearing are to be filed with the school principal. The principal shall set a time and place for a private hearing and notify the requester of the time and place. The hearing shall be held within three (3) weeks of the request. At the hearing, the principal shall present the person(s) who have entered the information in question. The person who requested the hearing shall have the right to ask questions of those present and to present evidence that would correct inaccurate, misleading or otherwise inappropriate information. The principal shall then determine whether the information in question is or is not in need of correction and whether it shall be retained or removed from the record. If the information in question is not removed from the record, the evidence presented shall become a permanent part of the student’s record. A permanent cumulative record shall be kept on all students from kindergarten through twelfth grade. This is a highly private record to be used only by the professional staff immediately concerned with the student’s welfare. It shall also be made available to the student and their parents or guardians. The school shall not permit access to or the release of student records to any individual, agency or organization other than school officials within the school or officials of other schools or school systems in which the student has enrolled, except with the written consent of the parent or guardian or student of legal age (18 years or older). 1. Family Educational Rights and Privacy Act (FERPA) Dissemination and inspection of student’s records shall be governed by the Family Educational Rights and Privacy Act of 1974. The school district will permit access to or release of student records to any individual organization only with the written consent of the parent/guardian. In the event of a legally executed subpoena to obtain student records, the administration shall notify the parents prior to releasing such records. 2. Special Education Procedures Those student files that contain special education records shall be maintained in a
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more secure separate location from the cumulative folders. A record of access to those records shall be maintained in the respective folders. Public Law 94-142 shall govern maintenance, inspection, and dissemination of special education records. 3. Transfer of Records to Other Schools or Colleges Copies of student records may be sent to other schools in which the student enrolls upon written request of the school officials or of the student of legal age or parent/guardian. Transcripts of Credits of graduating seniors may be sent as requested by the graduate to colleges/universities without the written consent of the parents. 4. Acceptance of Credits from Other Schools The MLS School accepts all high school credits earned from another accredited school. An official transcript received through the mail and signed by the appropriate school official will be accepted at face value. Grades earned at the school of prior attendance will be used in the determination of Grade Point Averages (GPA). 5. Student General Information
Student general information may be released to colleges, newspapers, military, work force agencies and other associated avenues when used for school activities and other educational needs.
ME Suspension, Expulsion and Bullying A student may be suspended from school for a period of up to 10 days for cause. Only the appropriate building principal or the Superintendent shall have the authority to suspend students. Reinstatement to school shall be allowed according to provisions, if any, set forth in the Student Handbook. Suspension from classes (Class Disturbance) is allowed according to applicable provisions of the Student Handbook.
Bullying issues will be investigated by the immediate administrator in a timely fashion. The MLS District will work closely to try and control bullying behaviors. Building principals will be required to develop guidelines, control practices, support and disciplinary steps for bully behaviors.
Expulsion from school shall result only through action of the School Board. Procedures for permanent expulsion shall conform to state law. The student and his/her parents will be afforded a Due Process Hearing on matters concerning the potential of expulsion. Expulsion shall not extend beyond the present school term unless the school board determines extended expulsion time or in cases where a firearm was brought to school without proper authorization or except when caused by a violation of the weapons policy involving possession or carrying firearms.
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A student may be suspended or expelled from school and/or from extra-curricular activities when the student: 1. Consistently violates school policies and regulations. These policies and regulations apply to any student who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or any place interferes with or obstructs the missions or operations of the school district or the safety or the welfare of the students or employees. 2. Is guilty of conduct which interferes with the maintenance of school discipline and which, in the judgment of school officials, warrants the reasonable belief that disruption of school operations will likely result. 3. Uses tobacco, alcohol, or other illegal substances 4. Is guilty of incorrigible conduct, including insubordination, disorderliness, viciousness, immorality, persistent violation of school rules, or persistent misbehavior. 5. Violates those policies of the NDHSAA and/or MLS School District governing eligibility to compete in extra-curricular activities. The procedures for notification and suspension shall be those outlined in the Student/Parent Handbook.
MEA Drug Use and Abuse Policy: Student The school has a clear responsibility to maintain an atmosphere, which will promote a quality-learning environment. The policy is designed to help eradicate the influence of drugs, alcohol, and other chemicals within the school environment. As such it is designed to promote chemical health and protect students in the school environment by imposing consequences for misbehavior as well as educating, deterring and preventing abuse of chemicals. It is also designed to serve as a guide for faculty and staff in implementing intervention procedures for students. Education This District will teach about drugs and alcohol in an age appropriate developmentally based education and prevention program in every grade K-12. The District will also conduct staff orientation continued training, and parent and community education. education programs will include an informational service for referrals to counseling and/or treatment so that students may seek and get counseling on alcohol and drug matters at any time without fear of reprisal and with assurance of the confidentiality of the counseling.
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Prohibited Activities The use of illicit drugs, unlawful possession and use of alcohol and/or tobacco is illegal. It is the responsibility of the school to establish rules that will eliminate such use from the school setting. Therefore it shall be against school policy for any student: 1. To sell, deliver, or give, or attempt to sell, deliver, or give to any person any of the substances listed in this policy or what the student represents or believes to be any of the substances listed in this policy. 2. To possess, procure, purchase, or receive, or to attempt to possess, procure, purchase or receive, the substances listed in this policy or what is represented by or to the student to be any of the substances listed in this policy or what the student believes is any of the substances in this policy. A student will be determined to be “in possession” when the substance is on the student’s person or in the student’s locker, car or handbag, or when he owns it completely or partially. 3. To be under the influence of {legal intoxication not required}, or to use or consume or attempt to use or consume, the substances listed in this policy or what is represented by or to the student to be any of the substances listed in this policy or what the student believes is any of the substances in this policy. This policy applies to any student who is on school property, who is in attendance at school or at a school-sponsored activity or whose conduct at any time or in any place interferes with or obstructs the missions or operations of the School District or the safety or welfare of students or employees. Prohibited Substances: 1. Alcohol or any alcoholic beverage; 2. Any controlled substance or dangerous drug as defined by NDCC Sections 19-03.1-05 through 19-03.1-13 and 19-03.1-26 {paraphernalia} or as defined by Section 812, Schedules I-V, of Title 21, United States Code, Section 801, et seq., including but not limited to marijuana, any narcotic drug, any hallucinogen, any stimulant, any depressant, tobacco; 3. Any glue or aerosol paint or any other chemical substance that is used for inhalation. 4. Any prescription or non-prescription drug, medicine, vitamin or other chemical not taken in accordance with the authorized use policy.
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Authorized Use Any student whose parent or guardian requests that he or she be given any prescription or non-prescription medicine, drug, or vitamin shall follow the procedures of Policy NFAA - Administering Medicine to Students, which requires a prior permission signed by the parent or physician.
Violation Disciplinary sanctions will be imposed on any student violating this policy. These sanctions may include suspension or expulsion and notification of proper authorities for prosecution. Prohibited substances will be confiscated and illegal substances will be turned over to law enforcement authorities. The student may be referred to the school counselor. Any student who is observed to be under the influence of a prohibited substance will be taken immediately to the Principal or Superintendent’s office. The student’s parents will be notified and asked to pick up the student. If it appears there is imminent danger to other students, school personnel, and/or student involved, the Principal or Superintendent may have the student removed from the school, by school, medical or law enforcement personnel. Intervention We also recognize the responsibility to assist students in recognizing their own addiction. It is realized that the public school has neither the authority nor the responsibility to make medical or health determinations regarding chemical dependency. However, when observed behavior indicates a problem which may affect the student’s ability to learn or the educational climate of the school, the school has a right and a responsibility to refer the student for a formal chemical dependency diagnosis. To this end the MLS Public School District No. 1 encourages faculty members to be observant of student behavior and to participate in a program of intervention. Faculty members may use the attached checklist to determine whether observed behavior should be reported. If the faculty member decides that the behavior indicates a possible prohibited activity, the student should be (1) referred to the Student Assistance Program or (2) reported to the Principal or Superintendent. If the SAP Core Team believes that the student indeed is in need of assistance, the Core Team may call the student in for a conference. The Core Team may receive assistance in how to confront students from a certified addiction counselor. If, after conferring with the student, the Core Team believes that there is a probability that the student may be chemically dependent, the student and/or the student’s parent(s)/guardian will be told that it is necessary that the student receive a formal chemical dependency diagnosis.
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The school will make a reasonable effort to cooperate with the therapy program if one is recommended for the student. The School Board of MLS Public School District No. 1 believes that if a student is involved in a chemical dependency program and is successfully addressing his/her harmful involvement with chemicals, he/she may continue in the regular school setting and continue to participate in any extracurricular program unless participation is in conflict with rules and regulations set forth by the MLS Public School District No. 1 School Board and the North Dakota High School Activities Association. The school may, through the use of available resources, provide follow-up counseling and supportive assistance to those students who return after successfully completing a therapeutic regiment, realizing that the student may need assistance in dealing with other environmental factors beyond the school’s control which may remain unchanged. A student can expect that any personal problem he/she discusses with an administrator, faculty member, social worker, Core Team Member or counselor will be strictly confidential. There are four exceptions: 1. Whenever a staff member learns of a condition, which may adversely affect another student, he/she will have to act on that information. 2. If a student is experiencing health and/or emotional problems because of controlled substance use or abuse and is unable or unwilling to seek assistance, then referral should be made. Confidentiality will be maintained subject to the welfare of the student. 3. If a staff member has reasonable cause to suspect child abuse, the staff member must report to the Children and Family Services Division of the Department of Human Services. 4. If a staff member is called to testify in a judicial proceeding. Policy Implementation A copy of this policy will be given annually to each student. In addition, student handbooks will be used to inform students that the use of alcohol and other drugs is wrong and harmful and is not permissible. Students, employees, and parents will be given a copy of the standards of conduct and the statement of sanctions required concerning the possession, use or distribution of illicit drugs, tobacco and alcohol. Compliance with these standards of conduct is mandatory. The handbook will include a form for parents to sign and return indicating that the information in the handbook has been received and read by the student and parents. A file of
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returned replies will be maintained. The Superintendent or designee will annually conduct in-service training sessions for all school district employees, which will include a review of this policy and procedures for implementation thereof. In the event an employee is unable to attend such in-service training sessions, the Superintendent or his designee will cause this policy to be individually reviewed with such employee. The Superintendent will maintain a list of all employees with whom this policy has been reviewed, whether individually or through in-service training, along with the dates of such review or training. The MLS Public School District #1 will review this policy and its implementation annually to ensure that disciplinary sanctions are consistently applied and to determine the effectiveness of the program for the prevention of alcohol and other drug use/abuse. Minutes of the school board meeting at which this review takes place shall document the review.
MF Due Process Procedures-Expulsion from School In the event a student faces expulsion from school by the School Board the following Due Process procedures will be used: (Summarized) 1. The student and the student’s parents or guardians shall be notified in writing of the specific charges against the student. They shall also be notified of a time and date set for a hearing on the matter before the School Board. The Hearing shall be scheduled within a five-day period of time following notification. 2. If the student and his/her parents or guardian wish to contest the charges, the student, parent or guardian, attorney, or other adult representative shall have the right to present witnesses and documentary evidence to refute the charges. 3. The decision reached by the School Board shall be based exclusively on the evidence presented at the hearing. If the evidence supports the charge against the student, an expulsion order appropriate to the charges/misconduct shall be issued. Written notice of the decision shall be mailed to the student, the parent or guardian and placed on file in the Superintendent’s office.
MG Promotion and Retention The parents, staff and principal should mutually agree upon the final decision regarding the retention of any student. If any agreement cannot be reached, a final decision for retention shall be the principal’s decision.
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MGA Elementary Retention/Promotion Policy
MLS believes that the retention of students should be treated as a positive practice. It is further felt that additional time expended at an earlier grade level will provide for future academic and social benefits for students, because they will be more able to compete with their peer group. It is extremely important that a student be in a placement setting where they can learn most effectively. For this reason the following recommendations are presented as a guideline to determine the best possible placement for students.
Elementary: Students will be retained if their work is below grade level, little or no effort has been made to achieve, little or no progress is evident, retention will benefit the child, and alternative teaching methods have failed.
Grading Scale: Grades K-6 will use the following grading scale to evaluate a student’s achievement level: (Kindergarten will use Assessment based, Grades 1 and 2 use E, S, N, U) Grades 3-6 will use: 93–100 A/Superior; 87–92 B/Above Average; 80–86 C/Average;
70–79 D/Below Average; Below 70 F/Not Passing A Uniform grading scale is necessary to determine the appropriate grade placement of a student. Retention Would Be Considered If One Or More Of The Following Are Present: 1. A child misses 20 days (grades K-6). 2. a. Inability to achieve reading at grade level in grades K-6. b. Not necessary to be failing in other subjects. 3. Failing two subject areas other than reading. 4. If a child is socially or emotionally immature; examples which are daydreaming, easily distracted, not getting work done on time, inability to follow directions, or lack of motivation). 5. Retentions mostly will be made at K-3 grade levels. 6. Final decision on whether a child is retained rests the elementary principal, after consultation with parents and the student’s teacher.
7. If a student is diagnosed Learning Disabled in grades K-3 and has not mastered the achievement goals as stated in the IEP, the decision of promotion will rest with the IEP team. 8. New students entering MLS Elementary Schools at the beginning of the year will be evaluated during the first nine weeks. If the child is functioning below grade level consideration will be to put the student back into the lower grade or be evaluated for retention at the end of the year. 9. Transfer students that enter during the school year will be evaluated according to these guidelines. 10. Once the decision and plan has been made to retain a child a carefully planned program is to be provided to ensure individual help which he/she needs.
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MGB Junior/Senior High Promotion and Retention Policy The MLS Public School has established the following guidelines in regard to Promotion and Retention of its students in Grades 7-12: Junior High (Grades 7 & 8) Students in Grades 7 & 8 shall be required to meet the standards set forth by the instructors for passing the course. Students who fail in ONE (1) “required” course for the year will not have to repeat that course the next year if the percentage for the year averages 50% or above on the course Grading Scale. A student who fails TWO or MORE “required” courses, regardless of the failing percentage, will have to repeat all of those failed courses the next year. Students who are required to repeat junior high courses may take those courses in conjunction with other high school courses.
Retention may be considered in Grades 7 - 8 if:
a. It serves the best interest of the student. b. The student is failing in more than one yearly subject. c. The student has missed more than 20 days of school during the school year.
Senior High (Grades 9-12) Students in Grades 9-12 shall be required to meet the standards set forth by the instructors for passing the course. A minimum of twenty four (24) credits are required for graduation from high school. In order to qualify for graduation from high school, the student must have earned a specified number of credits in each academic area as required by the North Dakota Department of Public Instruction. These requirements are:
1 Credit: Health/Physical Education: (two semesters)
4 Credits: Language Arts (English)
English 9 – one credit
English 10 – one credit
Electives – two credits
3 Credits: Social Studies
World History – one credit
US History – one credit
Government – one-half credit
Economics – one-half credit
3 Credits: Science
Freshmen Science – one credit
Biology – one credit
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Elective – one credit
3 Credits: Mathematics
Algebra 1 – one credit
Geometry or Consumer/Applied Math – one credit
Elective-one credit
1 Credit: Business Computer Based Course
Keyboarding/Word Processing – one credit
2 Credits from:
Fine Arts (Music, Art)
Foreign Language
Vocational Education (Agriculture, FACS, Business or Industrial Arts)
Special Education (Grades 7-12) Basic Skills, Learning Disabled, and other special students will be promoted or retained according to their Individual Education Plan (IEP). Special Students will be promoted if satisfactory progress is made in accordance with the student’s ability to achieve. Special students may be retained if no progress is evident and no effort is being made to achieve.
MH Parent Teacher Conferences - Progress Reports Parent/Teacher Conferences will be held after the end of the first and third grading periods. Parents will be notified through the districts electronic contact service that grades are available on Power School for midterms. The district will distribute report cards at the end of each quarter.
MI Interrogations by Law and Social Service Authorities 1. Law Enforcement Officials Law enforcement officials will not be allowed to interrogate students while they are under the jurisdiction of the school without the permission of the parents. Law officials will be requested to question students at a time when they are not under the jurisdiction of the school, if possible. An exception will be made when an officer of the law is acting on behalf of Social Services in the investigation of suspected abuse or neglect. 2. Social Service Officials The MLS School shall comply with all applicable laws concerning the right of social service officials to question students in their investigation of reported cases of abuse and neglect. Social service officials will be allowed to talk to students without parental consent during the investigation of abuse and neglect.
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MIA Reporting Child Abuse and Neglect Any school teacher, counselor or administrator having knowledge of or reasonable cause to suspect that a child coming before him/her in his/her official or professional capacity is abused or neglected shall report the circumstances to the children and family services division of the Department of Human Services Board of North Dakota. 1. Any teacher, counselor or administrator who has knowledge or reasonable cause to suspect child abuse or neglect will report this to the Area Human Services Center immediately. In addition, any staff member having reasonable cause to suspect that a child is abused may report such fact to the Area Human Service Center. Teachers and counselors are to advise the building principal of their action. The principal shall advise the Superintendent. 2. The school counselor’s “privileged communication” with a counselee shall not prevent the counselor from reporting child abuse or neglect. 3. Any person who willfully fails to report a case of known or suspected child abuse, or permits or encourages the unauthorized disclosure of reports made of confidential information obtained under the provisions of the law is guilty of a Class B misdemeanor.
4. Abused Child” means an individual under the age of eighteen (18) years who is suffering from serious physical /mental harm or traumatic abuse caused by other than accidental means by a person responsible for the child’s health or welfare, or who is suffering from or was subjected to any act involving that individual in violation of sections 12.1-20-01 through 12.1-20-08 of the criminal provisions of the North Dakota Century Code.
MJ SEARCHES OF STUDENTS & STUDENTS’ PERSONAL PROPERTY
A search of a students’ personal property or clothing shall only be undertaken when there is a reasonable and particularized suspicion that the student is concealing an object(s) or substance(s) in violation of school rules/policy, the law, or which may be detrimental to the health, safety, or welfare of enrolled students. The building Principal or Superintendent must authorize all searches.
When the Principal/Superintendent has reasonable suspicion that one or more students are carrying a prohibited object, article, or substance or are otherwise in possession of a prohibited object, article, or substance on school property or at a school-sponsored event, all personal property belonging to the suspected students(s) may be subject to inspection. When determining the scope of a search, the Principal/Superintendent shall ensure that any measures adopted are reasonably related to the object of the search and not excessively intrusive in light of the age and sex of the student.
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Search Procedure
For the purposes of this policy, personal property includes, but is not limited to a student’s vehicle, backpack, book bag, and/or purse. Students may also be asked to empty their pockets; however, strip searches shall not be conducted. Searches of persons should be conducted in private by a school employee of the same sex as the students with a school employee present as a witness.
Use of Trained Dogs and Involvement of Law Enforcement
Trained dogs may be used to smell the outside of the students’ vehicles parked on school property. If the dog detects the possibility of objects/substances that are illegal or violate school policy, the Principal/Superintendent shall search the locker in accordance with the search procedure above.
In the event a police officer or other law enforcement officer is to conduct a search of a students’ locker, probable cause is necessary unless the search is school-initiated and would pose a safety threat if conducted by school staff.
Illegal substances found in lockers will/may be turned over to proper authorities.
Searches of Vehicles
The principal or designee shall conduct searches of student vehicles if reasonable suspicion exists with a witness present. The principal shall make a reasonable attempt to contact the student who owns the vehicle and ensure she/he is present during the inspection unless an emergency situation is deemed to exist. If a vehicle is locked and its owner cannot be contacted or refuses to open it, the principal shall contact law enforcement.
Involvement of Law Enforcement
The Principal/Superintendent may request the assistance of law enforcement to conduct any portion of a school-initiated search of a student/student’s personal property that would pose a safety threat if conducted by school staff. In all other cases, law enforcement must have probable cause in order to search a student/student’s personal property.
Illegal substances found during searches of students/students’ personal property will/may be turned over to proper authorities.
Report Requirements
The administrator who authorized the search shall notify the Superintendent whenever a search has been conducted.
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Searches of Lockers
The District retains ownership and control of all lockers. Access to all lockers is a legal right of school officials whose responsibility it is to protect the health, safety, and welfare of all students enrolled. Students shall have no reasonable expectation of privacy when using lockers. Student shall be given advanced notice of this policy through student handbooks or another form of notification.
Lockers may be subject to suspicionless searches, inspections for purposes such as routine maintenance, or searches where there is suspicion that locker(s) contains objects/substances that illegal, violate school policy, or may be detrimental to the health, safety, or welfare of district students.
Search Procedure
When a locker is subject to a search, the Principal/Superintendent should be accompanied by at least one other school staff member.
Students’ personal items stored in lockers such as, but not limited to, book bags, purses, and coats shall not be searched unless there exists reasonable suspicion that they contain an object(s) or substance(s) in violation of school rules/policy, the law, or which may be detrimental to the health, safety, or welfare of enrolled students
The Superintendent should be notified whenever a search has been conducted when the Superintendent was not involved in the search.
Use of Trained Dogs & Involvement of Law Enforcement
Trained dogs may be used to smell the outside of the students’ lockers. If the dog detects the possibility of objects/substances that are illegal or violate school policy, the Principal/Superintendent shall search the locker in accordance with the search procedure above.
In the event a police officer or other law enforcement officer is to conduct a search of a students’ locker, probable cause is necessary unless the search is school-initiated and would pose a safety threat if conducted by school staff.
Illegal substances found in lockers will be turned over to proper authorities.
MJA VIDEO SURVEILLANCE AND RECORDING IN SCHOOLS
Purpose:
Mohall Lansford Sherwood School District uses electronic surveillance systems in order for school premises and individuals on school premises to
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be safe and secure. Any person entering a school facility, on school property, or at a school function is subject to being videotaped.
Purpose of Cameras
The cameras may be used for the following purposes:
1. To protect the school premises from property damage;
2. To deter property damage;
3. To ensure the safety and security of individuals who are on the school premises;
4. To monitor and deter criminal activity from occurring.
The cameras may be used to monitor school staff for job performance purposes. Cameras will have no audio capabilities and will be installed on a closed circuit network.
Camera Location
1. Subject to the provisions below, cameras may be placed both in and outside school buildings. Areas chosen for surveillance should be where surveillance serves the purposes outlined in #2 of this section.
2. All cameras must be unconcealed and clearly visible.
3. Cameras shall not be placed in change rooms, washrooms, and areas where students, staff, and others have a reasonable expectation of privacy.
4. Cameras located internally shall not be directed to look through windows to areas outside the building unless necessary to protect external assets, provide for the personal safety of individuals on school premises or to deter criminal activity from occurring.
5. Cameras shall not be directed in adjacent, non-district building.
Notification
1. Signs advising use of video surveillance cameras will be posted at school main entrances.
2. Use of Recorded information
The superintendent and designees may only use recorded information for purposes as outlined in this policy or for purposes expressly stated under state and federal law.
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Access to and disclosure of recorded information
1. Only the superintendent or his/her designate shall have access to the electronic surveillance system while it is in operation
2. Video monitors will be placed in locations free from public viewing
3. The district shall comply with all applicable state and federal laws and regulations related to video recordings when such recordings are part of the students education record under the family educational rights and privacy act. Such records will also be subject to established district student records procedures including access, review, and release of such records.
4. Recordings not subject to #3 of this section will be released in accordance with state open record laws. Individual requesting surveillance footage will be asked to complete a recorded information release form. The form should indicate the individual or organization that took the recorded information, if they chose to identify themselves, the date of occurrence. And when the recorded information will be returned after use.
Audit
The superintendent or his/her designate shall be responsible to audit the use and security of surveillance cameras, including recorded information.
Retention and disposal of collected information
1. All recorded information not in use shall be securely stored in a locked receptacle or area.
2. Recorded information may never be sold, publicly viewed, or distributed in any other fashion except as provided for by this policy and appropriate legislation.
3. All recorded information used for the purpose of this policy shall be numbered and dated by camera site.
4. All recorded information shall be retained and destroyed in accordance with applicable laws
These guidelines do not apply to covert or overt surveillance cameras being used by or on behalf of the district as case specific investigation tool for law enforcement purposes where there is statutory authority and/or the authority of a search warrant to conduct the surveillance.
MK Special Education The MLS Public School District shall maintain membership in the Peace Garden Special Education District in order to meet the needs of those students who
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qualify for those special services mandated under Public Law 94-142. It shall be the intent to educate these students in the “Least Restrictive” environment. For purposes of referral to special education the MLS School shall follow guidelines as outlined in the “Step I Procedures.”
ML Attendance and Absence The School Board recognizes regular attendance as necessary to achieve are a meaningful and essential part of the educational system. Time lost from class is irretrievable, particularly a student’s opportunity for interaction and exchange of ideas with teachers. In addition to the compulsory attendance law, the law also provides local school boards with the authority to establish standards for attendance.
MLA Attendance and Absence Policy North Dakota state law requires all children between the ages of 7 and 16 to be in attendance every day school is in session, with the exceptions for illness and certain other incapacities as defined in the NDCC. Compulsory attendance in school is not required if the child is receiving home-based instruction in accordance with state law. Any student who is either permanently or temporarily prevented from attending school because of a handicapping condition will be provided with an appropriate educational program, either through the Peace Garden Special Education Unit or through appropriate homebound instruction. The MLS Public School District considers regular attendance by those students who are required to be in school or who have chosen to attend if over 16 years of age essential for success in school and in future educational and career activities. Excused absences shall be those caused by verified illness, funeral, court appearance, driver’s test, medical appointments, religious reasons, assisting with family business, and such other absences granted in advance by the principal. Procedures to follow for an “advanced make-up” or “make-up” slip are found in the Student Handbook. The MLS Public School District recognizes that the most commonly used and the most difficult absence to verify is a request for an excused absence for “illness.” If such absences for “illness” become habitual and the principal is not satisfied that the absences are excusable, the principal shall request a meeting with the parents/guardian to determine a course of action to take, including a request for a doctor’s statement as to the need for such habitual absence. A refusal to meet and provide the appropriate documentation will result in a declaration of an “unexcused absence” for the unverified absence. The responsibility for making the absence excused rests with the parents and student.
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Schoolwork missed by the student during an absence shall be made up regardless of the reason for the absence, whether excused or unexcused. Makeup work for absences will be given at the level of student success on the assignment(s). Notification of a group absence to participate in school-sponsored activities will be given to the teachers for their assignment of “advanced work”. Specific procedures to follow in the event of an individual absence, whether excused or unexcused, are found in the Student Handbook. All administrative decisions in the application of this policy may be appealed to the School Board if such request is made in writing and submitted to the Superintendent at least one week prior to the next regularly scheduled meeting of the School Board. Ten or more absences, whether excused or unexcused, as shown on the principals Attendance Register during a semester would be considered excessive and detrimental to the achievement of the goals of the courses in which the student is enrolled. Therefore, when eleven absences have been recorded during the semester, the student will no longer receive semester credit for courses taken. In addition to the total days per semester, a student shall be allowed a maximum of ten absences per class per semester. Should a student exceed absences allowed in a particular class, they will not earn credit in that class. Absences do not include those days when the student is participating in school-sponsored activities. An unexcused absence, as determined by the building principal, will result in the application of the penalties as outlined in the Student Handbook. Should a student exceed the allowable number of absences, due process procedures will be followed.
1. The parent/guardian will be notified when seven absences have occurred and then again after nine absences.
2. Notification will be made by mail and by telephone to the parent when the student records his /her tenth absence.
3. Parents of students who exceed the limit may appeal to an Attendance Review Committee to determine if an extension is warranted. Documentation from parents will be required.
4. The Attendance Review Committee will be made up of the Superintendent, Principal, and Guidance Counselor.
5. A decision will be made and sent to the parent(s) in writing within three days of the appeal meeting.
6. A second appeal to the MLS Public School Board may be requested if the decision of the Attendance Review Committee is not acceptable by the parents.
7. All out-of-school suspensions will be counted as absences.
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MM Post-secondary Dual Credit and Advanced Placement MLS School Board believes that any student who is capable of and wishes to do college-level work while in high school should be permitted to do so and given assistance in enrolling in advanced courses. Therefore, the MLS School District will participate in the Postsecondary Enrollment Options Program allowed by North Dakota law.
MMA Postsecondary Dual Credit Policy The Superintendent is authorized to enter into agreements with postsecondary institutions to count postsecondary courses toward high school graduation. Any 11th or 12th grade student whose admission to a college-level course is recommended by a counselor or principal and who has achieved a grade-point average of 3.5 or better at the time of application may enroll in a course at any of the eligible institutions for postsecondary credit. Permission from the Superintendent will be required to apply the course toward high school graduation requirements. The Superintendent shall develop criteria for approval of courses. In addition to allowing students to enroll in college-level courses taught at post-secondary institutions, this district may offer courses that qualify for dual credit in cooperation with eligible institutions. Students enrolled in these courses may apply to the post-secondary institution for dual credit. Information about the requirements set forth by the post-secondary institution will be available from the post-secondary counselors and teachers of the qualified courses. All costs associated with dual credit shall be the responsibility of the enrollee. Grades received on dual credit courses will be calculated into the high school GPA averages and applied toward class rank.
MMB Advanced Placement Courses
Advanced placement courses are designed for 11th and 12th graders. Only students with a strong aptitude in a particular subject will be allowed to take advanced placement. The administration will develop criteria for student access to AP courses. All costs associated with the AP program will be the responsibility of enrolled students.
MN Home Education Procedures The MLS School District recognizes the right of parents to “Home School” their child (ren) according to the provisions of the North Dakota Century Code. It shall be the policy of the District to provide whatever is required by the NDCC and to follow the directives of the North Dakota Department of Public Instruction in carrying out the required oversight provisions of the NDCC. It is understood that such home-schooled students will be permitted to participate in the administration
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of those standardized tests as required by the Department of Public Instruction. Also, such home-schooled students are entitled to appropriate services provided to all other students through the various Federal Title Programs. Home School Student must meet the same requirements of enrolled students for academic eligibility.
MO Cell Phone Usage The MLS School District shall regulate the use of Cell Phones or other portable communications instruments within the school building and other areas as deemed necessary by the school administration. It is understood that such use by students causes a disruption to the learning environment of the school. It is strongly suggested that students do not bring cell phones to school. The school district will not be responsible for loss or theft of such devices. If cell phones are brought to school, their use will be restricted according to School Board Policy.
MOA Cell Phone/ Video Usage Policy Students are permitted to use cell phones during their scheduled lunch period. Usage will be limited to the Multi-purpose Area. Cell phones are not allowed in the classroom and cannot be used between classes. Cell phones will be stored in the student’s locker and the power must be turned off during the school day. Students are not allowed to use picture or video options of cell phones or other similar equipment on school grounds without administrative approval.
MP Acceptable Use - Technology
The MLS District believes Internet access plays an important role in the education of students; however, the Internet also contains content that is not appropriate for students and staff to access. In accordance with federal law, the District has taken reasonable precautions to restrict access to materials obscene, pornographic, and/or harmful to minors through the use of software designed to block sites containing inappropriate material. While the District has taken such preventive measures, it recognizes that it is not possible to fully guarantee that students and/or staff will never access objectionable materials.
Education
The District shall provide education to students about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and cyber bullying awareness and response.
Monitoring Use
Internet access is a privilege, not a right. Network storage areas shalt be subject to the same scrutiny as school lockers for students. Staff shall have no reasonable expectation of privacy when using district computers and/or networks and shall use this technology solely for work-related purposes. Network administrators may view files
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and communications to maintain the integrity of the system and to ensure proper and responsible use of the system. Teachers and administrators will exercise supervision of student use.
Prohibitions
The District subscribes to the acceptable use policies of EduTech. All district computer users shall abide by this policy. The Superintendent or designee may take disciplinary measures when any of the following actions occur:
1. Using obscene language;
2. Accessing or creating pornographic files or sites and/or other inappropriate material;
3. Harassing, insulting, threatening, alarming, or attacking others;
4. Damaging computers, computer systems, or computer networks;
5. Violating copyright, trademark, trade secret, or other intellectual property laws;
6. Using or participating in chat lines, chat rooms and social networking sites for personal and/or non-curricular purposes;
7. Using another's password or representing oneself as another;
8. Trespassing into another's folders, work, or files;
9. Intentionally wasting network resources including, but not limited to, emailing chain letters and/or broadcasting inappropriate messages;
10. Employing the network for political purposes as defined by state law, financial gain, and/or commercial purposes;
11. Revealing anyone's personal information such as, but not limited to, an address or phone number without appropriate consent. Students are prohibited from revealing personal information about themselves and/or others without obtaining written consent in accordance with the Federal Education Rights and Privacy Act and receiving administrative approval;
MQ Student Dress Code
A student's style of dress and/or grooming may reflect individual preference; however, such preferences must be selected within the constraints of reasonable rules and appropriate standards that are conducive in creating an atmosphere of effective learning and good personal hygiene.
The Board recognizes that individual students have a right to free expression and that right must be balanced with the Board's responsibility to provide a safe, secure and orderly educational environment for all students.
Although the Board wishes for each student to accept responsibility for following the rules in the "Student Dress Code," it understands and appreciates both the authority and responsibility of the parent/guardian relative to student dress. The Board solicits the support of parents/guardians in the enforcement of its dress code.
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The Superintendent or designee will develop and publish the rules in accordance with this policy.
General Rules
The following decorations and/or designs imprinted upon or attached to the body or clothing is prohibited:
•Symbols, mottoes, words or acronyms that convey crude, vulgar, profane, violent, death-oriented, gang-related, sexually explicit, or sexually suggestive messages.
•Symbols, mottoes, words or acronyms advertising tobacco, alcohol, or illegal drugs or drug paraphernalia.
•Symbols, mottoes, words or acronyms identifying a student as a member of a secret or overtly antisocial group or gang or that identify a student as a member of an organization that professes violence or hatred toward one's fellow man.
Permitted clothing shall be worn as designed/manufactured.
All students participating in approved school activities are expected to comply with required dress and personal appearance regulations of the activity in which they are participating. Students who refuse to dress as required by the school or sponsor will not be permitted to participate in the activity or to represent the school in any way.
Upper Garments
The cut of sleeveless garments must not expose undergarments (sports bra or bra of any kind) or be otherwise immodest. Sleeveless garments must not be torn or ragged on the edges and fit properly on the person wearing the garment.
Strapless garments are prohibited. Shoulder straps of permitted garments must be a minimum of the width of two fingers of the person wearing the garment.
Bare midriffs, immodestly low cut necklines which show cleavage, off the shoulder, or bare backs are prohibited. Garments must be of appropriate length, cut and/or fit to meet these requirements while sitting and/or bending.
Lower Garments
Undergarments shall not be visible. Tights or leggings worn as outerwear, spandex, bike shorts, bathing/swimming wear, sleep wear (including pajamas), etc., are not permitted.
Shorts and skirts must be of modest length defined as a maximum of 6" above the knee of the wearer or not above the fingertip of the wearer with the arm fully extended, whichever is longer.
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Footwear
Students shall wear appropriate footwear for protection and hygienic reasons. House slippers are an example of unacceptable footwear.
Accessories
Jewelry and other accessories shall not convey prohibited messages as defined above.
Dog collars, tongue rings and studs, wallet chains, chains that connect one part of the body to another or jewelry/accessories that pose a safety concern for the student or others are prohibited.
Religious, Health, or Political Accommodation
Where a bona fide religious belief, political belief or health need of a student conflicts with the school dress code, reasonable accommodation shall be provided. Any student desiring accommodation shall notify the school principal in writing of the requested accommodation and the factual basis for the request. Approved coverings worn as part of a student's bona fide religious or political practices or beliefs shall not be prohibited under this policy.
Penalties/Sanctions
Students and their parents/guardians have the responsibility to be aware of any school specific dress codes and to conform to those requirements after the school has provided reasonable notice.
Students who elect not to conform to the dress and grooming rules set forth by this policy will be subjected to disciplinary actions. Violators will be asked to change; they will be assessed an Unexcused Absence for the classes missed by having to go home and change. Continual violation of this policy will result in further school action.
Unusual Circumstances
If any unusual situation relative to dress or grooming arises which is not specifically covered in this policy, the school administrator(s) shall have the authority to rule on the appropriateness of the attire.
MR Driver Education Policy
Students wishing to take summer driver education must be entering or presently enrolled in high school and must be eligible for state reimbursement from the
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Department of Public Instruction to participate in the district driver education program. The district will charge a fee for costs that are not fully reimbursed by the state. These costs are for vehicle and other related expenses.
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N. GENERAL POLICIES
NA Public Relations
Each instructional and non-instructional district employee, activity, organization, and department of the MLS School District is responsible for fulfilling one or more of the following specific objectives:
i. To provide the public with general knowledge of the school program.
ii. To provide local clubs, organizations, churches, and other groups with specific information pertaining to their organizations/classes.
iii. To provide individual parents with information about their child's accomplishments.
iv. To provide recognition to as many students and school employees as possible.
Each building principal will be responsible for encouraging activities and promoting classroom activity publicity. The superintendent will be responsible for non-instructional support service publicity and general overall coordination of the public relations program.
A good public relations program is a yearlong affair. Every day is for public relations. Our daily contacts provide us person-to-person public relations. It is wise to remind us that we, as school personnel, and the students represent the school program. The image we project is what the community perceives of the total school program.
NAA Patron Complaints
Constructive criticism of the schools is welcomed by the MLS School Board whenever it is motivated by a sincere desire to improve the quality of the educational program or to equip the schools to do their tasks more effectively. The Board has however, confidence in its professional staff and desires to support their actions in order that they will be free from unnecessary, spiteful, or negative criticism and complaint. Therefore, whenever a complaint is made directly to the Board as a whole or to a board member as an individual, it will promptly be referred to the school administration for study and possible solution.
Since individual board members have no authority to resolve complaints, other than by formal board action, administrators are expected to follow up on all complaint referrals and to advise the board members of the nature of the complaint and the action(s) taken. The Board expects that the administration will develop a procedure for receiving complaints courteously and that it will take steps to make a proper reply to the complainant. This follow-up should generally take the form of a brief written memorandum to the board members.
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Anonymous complaints provide no avenue for response or redress of the complaint. An unsigned complaint will not be read or acted upon at any meeting of the board and anonymous telephone complaints will not be brought to the board by any individual board member, administrator, or other employee. No disciplinary action will be initiated based solely on an anonymous complaint; however the administration will investigate every anonymous complaint.
The Board will not consider or act upon complaints that have not been explored at the appropriate administrative level or complaints for which specific resolution procedures have been established that do not include board review.
Complaints for which specific resolution procedures are provided shall be directed through those channels. This includes complaints about personnel and complaints about instructional materials.
Complaints should be resolved at the lowest possible level of authority. If resolution of the problem seems unlikely at the building level either party is encouraged to refer the matter to the Superintendent for his/her review.
If all other remedies have been exhausted, and a non-personnel related complaint has not been satisfactorily resolved, the complainant may request that the matter be placed on the agenda of the next regular meeting of the Board. The complaint shall be presented in writing and included in the agenda materials provided to the Board prior to the meeting. Generally all parties involved, including the administrator(s), shall be asked to attend such a meeting for purposes of presenting additional facts, making further explanations, and clarifying the issues.
If the Board decides to hear the complaint, the Board shall make a decision that shall be sent to all interested parties. If the decision alters policy, the procedures for suspending, amending or adopting policy shall be followed. Complaints concerning personnel will be heard only in accordance with applicable statutes.
NAB Patron Complaint on Personnel
The Board recognizes that complaints from concerned patrons are inevitable. In order to provide an effective procedure for responding to complaints in a manner that is in the best interests of promoting better educational opportunities for children, the following policy is adopted.
Complaints about personnel shall be directed to the principal or other supervisor directly responsible for supervision of that employee. The supervisor shall:
1) Investigate the complaint.
2) Promptly notify the employee if the complaint is to be placed in the employee's personnel file. The decision to place information into any
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personnel file will be made by the administration based on the results of an inquiry or investigation.
3) Schedule a meeting of the employee, the complainant, and the supervisor if deemed appropriate.
4) Provide a response to the complainant within fifteen (15) days of receipt of the complaint. Upon conclusion of the investigation, the complainant will be informed as to the outcome of the investigation and the disposition of the complaint. If either party is not satisfied with the handling of the complaint, the matter can be appealed to the Superintendent for final resolution.
To be considered for investigation, any such complaint must have been filed within 180 days of the alleged occurrence. (Exception of the 180 days would be an accusation of sexual abuse.)
Complaints about the Superintendent shall be directed to the Board President, who shall follow the same procedure.
This procedure is intended to minimize the risk of a possible action for libel or slander, to retain the impartiality of the Board, and to maximize compliance with North Dakota law.
NAC Patron Complaints on Instructional Materials
Citizens of the school community who wish to register a criticism about the appropriateness or absence of instructional materials should obtain the "Request for Reconsideration of Instructional Resources" form from the building principal.
All criticism shall be on the "Request for Reconsideration of Instructional Resources" form, and the complaint must be specific as to author, title, publisher or producer, date of publication, and when relevant, page numbers of items to which objection is being made.
Upon completion of the "Request for Reconsideration of Instructional Resources" form, it shall be submitted to the building principal. The principal shall follow the established procedure for processing and responding to criticism of approved material.
This district subscribes to the philosophy stated in the School Library Bill of Rights.
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NB Disease Control
The County Health Nurse shall be contacted promptly in all cases of suspected contagious disease or other contagious affliction and her/his opinion shall prevail in the handling of any special health problems that may develop within the MLS Schools.
NBA Head Lice Control Policy (Pediculoses)
Cooperation of the entire community is essential for the control of head lice (Pediculoses).
The MLS will seek the assistance of Public Health personnel and other community health resources to develop an effective organized program, which includes: training program for school personnel, parents, and volunteers in the detection of head lice; routine screening (if a problem is suspected); recommended treatment; appropriate preventive measures; and education efforts. School personnel will follow the recommendation of the North Dakota State Department of Health regarding control of the school environment to prevent the spread of head lice.
At least two members of the school staff shall be trained to help inspect students for lice and nits. Public health personnel and trained volunteers may also be used as needed and available.
Custodial personnel will be trained in the proper cleaning procedures to prevent re-infestation or the spread of infestation.
Student found to be infected with lice or nits (eggs) shall be sent home as soon as practicable and shall not be readmitted into district schools until free of lice and/or nits as certified by a qualified medical professional. Absences resulting from lice or nit infestations will be excused; however, students excessively absent as a result of lice/nit infestations shall be deemed to be in violation of the compulsory attendance law and shall be reported to the county state’s attorney and social services.
When a case of lice is identified, the district will determine who will be examined. If a substantial number of children appear to be infested the district may examine all students.
When lice or nits (eggs) are detected, the student's parent/guardian shall be contacted immediately and the student shall be sent home as soon as practicable with an informational letter and instructions for treatment.
If a child is suspected or identified as having Head Lice, the following procedures will be followed:
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1. Notification will be made to the County Health Nurse or the First District Health Unit. Their assistance will be requested.
2. The District will abide by the directives received from the County Health nurse or representatives of the First District Health Unit.
3. Head Lice control shall not be the school's responsibility. The responsibility rests with the parent or guardian.
4. The school may on occasion have a Head Lice check to determine if Head Lice exist, if it has been determined that a problem exists in the community. Any findings of infestation will be referred to the parents and County Nurse. An utmost effort will be made to preserve the confidentiality of such findings.
5. The school will ask for full cooperation from the parents/guardians in eliminating the problem. Parents will be asked to check their child (ren) daily, perform the proper treatment, and remove all nits.
6. Students returning to school will need to have a certified medical document stating they are lice and nit free. Medical costs are the responsibility of the family.
7. Random checks for reinfestion on students who have had lice/nits for a period up to 2 weeks after readmittance.
NC Child Abuse and Neglect
Employees of MLS School District will comply with all applicable NDCC provisions dealing with suspected cases of child abuse and neglect. Any MLS School District employee who knows or reasonably suspects that a child's health or welfare has been or appears to have been harmed as a result of neglect, abuse, or sexual molestation shall immediately make an oral report to the superintendent. If it is determined that there is some urgency in reporting to the proper officials, an oral report will be submitted to the County Social Service Officer pursuant to NDCC 50-25.1. Within 48 hours after making the oral report, the school employee initiating the report shall submit a completed North Dakota Neglect/Abuse Reporting Form to the County Social Services Officer.
ND Civil Rights Compliance
MLS School District does not discriminate on the basis of race, color, national origin, sex, or disability in the educational programs or activities, which it operates in compliance with applicable State and Federal Law. This requirement not to discriminate extends to all educational programs and activities, as well as to employment therein.
Inquiries concerning the application of such laws may be referred to the designated person responsible for coordinating the efforts of MLS School District to comply with and carry out its responsibilities under such Legislation, including
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any investigation of complaints alleging non-compliance. The district superintendent shall be designated as the compliance officer.
NDA Non-Discrimination Policy
The MLS District No. 1, in the Counties of Renville and Bottineau, State of North Dakota, supports the provisions of Title IX of the Educational Amendments of 1972, Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 which commit all schools to the elimination of discrimination on the basis of race, color, national origin, sex, disability, age, and marital status in employment policies and/or practices and in those educational programs and/or activities offered to its students. It is the expressed intent of the MLS School District to provide equal opportunity for all students, free from limitations of race, color, national origin, sex, age, marital status, and disability.
This concept of equal opportunity will serve as a guide to the School Board, the administration, and staff in making decisions related to the employment of personnel, school facilities, curriculum, activities and regulations affecting students and employees.
Location of Policy
A copy of the Board policy is available for review in the administrative offices any MLS School.
Complaint Procedure
Any student or employee of the District who believes he or she has been discriminated against, denied a benefit, or excluded from participation in a district education program or activity on the basis of race, color, national origin, sex, age, marital status, or disabling condition may file a written complaint with the compliance administrator or follow other procedures outlined in the complaint procedure.
Compliance Administrator
The compliance administrator for these Board Policies is Mr. Kelly Taylor, Superintendent, MLS Public School, Box 187, Mohall, North Dakota, 58761, and Telephone No. (701) 756-6660.
NE Family Night
Wednesday and Sunday have been designated as Family Nights for the MLS School System. Adopted School Board Policy shall govern all activities scheduled after the school dismissal time on Wednesday. An exception to this policy shall be for those activities that are scheduled by those governing boards
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that are beyond local control or by unforeseen events and situations that cannot be avoided. No school-related activity may be held on Sunday without permission of the superintendent or as stated in the activities handbook.
NF Procedures for Administering Medication in the School
Location of Medication
1. The administrator of each school building shall designate a secure storage area for all medication that is to be kept in school and designate who within the school will be given the responsibility to check in and administer the medication. Generally, this will be the child's teacher.
2. The administrator shall also establish a check-in procedure for medication brought to the school. This procedure shall include: recording the date the medication was deposited, ensuring that authorization is on file, and notifying the person who has been designated to administer the medication. In the presence of the person who deposited the medication and one additional witness, the person checking in the medication shall count and record the number of pills or capsules, amount of liquid, etc.
3. Medication is to be kept in the original container properly labeled with the student's name, specific time to be administered, amount of dosage, and physician's name. It is recommended that no more than one month's supply of any medication be brought to school at one time and that parents or legal guardian be notified approximately five (5) days before all the medication has been used so that the supply can be replenished, if necessary. Unused portions of medications should be returned to the parents or legal guardian at the end of the school year or when the medication is no longer needed by the student.
Personnel Responsible for Administering the Medication
1. All personnel should be familiar with the policy and procedures for administering medication in the school.
2. All personnel having responsibility for supervising students shall be given information on the health portion of the student's school records including related medical problems, if any; suspected allergies; emergency contact persons; etc.; and shall be informed of anticipated circumstances for which school personnel may need to be in touch with out-of-school personnel (e.g., medical personnel, other agencies, etc.).
3. A list of designated personnel within the school building who are responsible for administering the medication should be kept on file. Personnel on the list must receive a general orientation in the administration of medication and a specific review of instructions for a given student's medication needs.
4. When students require extensive medical and health related observations while in school or if medical and health related equipment or appliances
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must be monitored while the student is in school, additional procedures will need to be established. The Department of Public Instruction should be consulted for recommended guidelines in the education of students with serious and chronic medical problems.
Records Management
1. The administrator of each school building shall develop a system of recording the administration of medication, noting date, time, and signature or initials of the person administering the medication.
2. The record of administration shall include a place for other information to be recorded such as any observed reaction to the medication or possible side effects.
Other Safeguards or Circumstances
1. In some cases, where students may be capable of independently administering their own medication, the administration may require the student to deposit the medication in the designated office area. The student's age and readiness to assume responsibility will determine such details in each student's situation.
2. ALL PERSONNEL should have opportunity for training in First Aid procedures, and as many as possible should be encouraged to remain current in such training.
3. ALL PERSONNEL must be informed of proper procedures in emergencies and of circumstances in which they are expected to directly call the emergency assistance number.
NFA Administering Medication to Students Policy
The giving of aspirin/Tylenol at school is not approved without the prior consent of a parent or legal guardian. Only upon written order of the physician and with written consent of the parent or legal guardian, may a member of the school staff assist in or supervise the administration of any other medication. Students who must depend on receiving medication during school hours for medical reasons must have a written order from a physician giving specific directions for taking the medication. Directions should also be clearly marked on the bottle.
Any medication, which is ordered by the physician to be administered at school, may be given using the following procedures:
1. The medication sent or brought to the school must be accompanied by a signed request from the parent or legal guardian and the physician (see attached form).
2. The following information must be included in the physician's written order and on the label of the prescription container:
a. The student's name;
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b. Amount of dosage;
c. Time of administration;
d. Name and strength of medication;
e. Amount of medication in prescription;
f. The instructions for administration should include any possible side effects;
g. Length of time student will be on medication; and
h. Special care such as refrigeration.
3. The parents' or legal guardian's consent must authorize administration of a specific medication and must grant permission for school personnel to administer the medication.
4. If medication is for emergency use only, such as a bee sting kit for known acute allergic reaction, then the school nurse may administer it or a person trained by a physician or nurse, upon written consent from a parent or legal guardian. In emergency cases, such as acute allergic reactions, the school personal shall promptly notify emergency medical personnel and the parent(s) or legal guardian. In many communities, the emergency number now is 911; the emergency number for the community in which the school is located shall be included in the school's policy and procedures.
5. All medication kept in the schools for administration to students will be kept in a manner to protect the safety of the student and other students.
6. A record shall be kept of the administration of the medication, noting date, time, and the initials of the person administering it. All such records shall be deemed a part of the student's education records and shall be confidential.
7. Administration of prescribed medication during school hours will regularly be noted on the cumulative health records of the student.
8. All medications are to be returned to the parent(s) or legal guardian at the end of each school year or when the student withdraws from a school.
NG Employee and Student Safety Procedures
It shall be the policy of the Board to take every reasonable precaution to protect the safety of all students, employees, visitors, contractors and their employees, and those present on District property or at school-sponsored events.
The staff shall adhere to recommended safety practices as they pertain to school plants, special areas of instruction, student transportation, school sports, occupational safety, etc.
Each principal shall be responsible for the supervision of a safety program for his or her school; the superintendent shall have overall responsibility for the safety program of the District. The superintendent shall see that the appropriate staff members are kept informed of current state and local requirements relating to fire prevention, civil defense, sanitation, public health, school bus equipment, and occupational safety.
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Teachers shall be assigned hall, lunchroom, and recess duty as well as playground duty for supervision and safety of students.
Certificates of insurance shall be required of all contractors doing business with and for the school system, if considered appropriate by the superintendent.
The District shall not be liable for injuries to individuals who are participating in non-school activities or who are members of organizations that are using school facilities for such activity or meeting site. A Hold Proper and adequate insurance coverage will be required of all organizations and individuals who are participating in regularly scheduled activities on school property.
The District shall abide by all applicable law, both federal and state, by developing procedures to deal with the bringing of weapons, including firearms, onto school property that may jeopardize the safety of students, staff, and others.
NGA Safety Policy--Philosophy Statement Policy
The policy of the MLS School District is to protect the safety and health of our students and employees. Since injuries and property loss through accidents are needless, costly, and preventable, the district seeks to eliminate accidents and health hazards by the establishment of a safety and health program that is adapted to fundamental safety concepts.
Employees
The District expects each employee, regardless of his/her position within the organization, to cooperate in every respect with the District's safety program. Each employee shall be charged with the responsibility of identifying potential health and safety hazards within their rooms/departments and of reporting such conditions to their immediate supervisor. The supervisor shall take immediate corrective measures to eliminate these hazardous conditions and/or practices and for the prevention of accidents, whether personal injury or property damage. Our safety program requires that:
1. All injuries and accidents shall be reported immediately to the immediate supervisor and medical aid shall be obtained without delay.
2. All employees, where required, must wear personal protection equipment.
3. Machine guards will be used and maintained in good condition. Machines without adequate guards or guards in questionable condition shall not be used until properly repaired.
4. Each employee has the responsibility for his/her own safety, as well as the safety of his/her fellow employees. It is only by each employee becoming familiar with the hazards of his/her job and doing what is necessary to insure their safety, that our District can achieve safe working conditions.
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Students
The Board expects that proper attention will be paid to the safety of pupils on school property during the normal school day, during participation in school sponsored activities on school grounds and at school functions scheduled away from school property. The superintendent or designee shall be responsible for developing a district wide program that emphasizes safety precautions for all students.
The Board recognizes that it is the parents' responsibility to supervise students on their way to and from school, with the exception of students who ride to school on district provided transportation. Students riding to school on district transportation will be subject to the rules and regulations developed for their safety.
It is the responsibility of the principal and teachers to arrange for adequate supervision of students on school property during the normal school day, as well as at extracurricular activities sponsored by the School District on school property and school sponsored functions held off school property. Special attention should be given to the prevention of accidents and to the development of habits of good citizenship
NGB Bullying
The following are a sign that may indicate that a student has become a victim of prohibited behavior contained in the district’s bullying policy. The examples serve as guidelines only and in no way encompass all indicators that a student has become victim of bullying. Students with knowledge/ reasonable suspicion of any conduct indicating a violation of the bullying policy should report it in accordance with the procedure in the bullying policy, and school staff with knowledge/reasonable suspicion of such conduct shall report it in accordance with the procedure in the bullying policy.
NGBA MLS BULLYING POLICY
Definitions
For the purposes of this policy:
• Bullying is defined as conduct prescribed in NDCC 15.1-19-17. The definition shall be found in its entirety, in student and staff handbooks and guidelines to assist students and staff with identifying this conduct will be found in exhibits under section NP of school board policy.
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• Protected classes are classifications/characteristics protected from discrimination by NDCC 14-02.4-01 and federal law. The following classes are protected: race, color, religion, sex, national origin, age, disability (physical or mental), and status with regard to marriage or public assistance.
• School property or the term on-campus refers to all property owned or leased by the District, school buses and other vehicles, or any school district sponsored or school-sanctioned activity.
• School-sanctioned activity is defined as an activity that:
a. Is not part of the district’s curricular or extracurricular program; and
b. Is established by a sponsor to serve in the absence of a district program; and
c. Receives district support in multiple ways (i.e., not school facility use alone); and
d. Sponsors of the activity have agreed to comply with this policy; and
e. The District has officially recognized through board action as a school-sanctioned activity.
• School-sponsored activity is an activity that the District has approved through policy or other board action for inclusion in the district’s extracurricular program and is controlled and funded primarily by the District.
• School staff includes all employees of MLS, school volunteers, and sponsors of school-sanctioned activities.
• True threat is a statement that, in light of the circumstances, a reasonable person would perceive as a serious expression of intent to inflict harm.
Prohibitions
While at a public school, on school district premises, in a district-owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:
1. Engage in bullying;
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2. Engage in reprisal or retaliation against:
a. A victim of bullying;
b. An individual who witnesses an alleged act of bullying;
c. An individual who reports an alleged act of bullying; or
d. An individual who provides information/participates in an investigation about an alleged act of bullying.
3. Knowingly file a false bullying report with the District;
Off-campus bullying that is received on school property is also prohibited. The District has limited disciplinary authority to respond to such forms of bullying.
Reporting Procedures for Alleged Policy Violations
• Reporting requirements for school staff: Any school staff member with knowledge or suspicion of a violation of this policy or who has received an oral or written report of a violation of this policy from a student, community member, or anonymously shall contact the building principal to inform him/her as soon as possible. If the alleged violation implicates the building principal, the school staff member shall report it to the Superintendent. If the alleged violation implicates the Superintendent, the school staff member shall file it with the Board President.
Should school administration determine that a school staff member knew of or suspected a violation of this policy and failed to report it in accordance with the procedure above, the staff member may be subject to disciplinary consequences or, for sponsors of school-sanctioned activities, other corrective measures.
• Reporting options for students and community members: Students and community members (including parents) may report known or suspected violations of this policy using any of the following methods:
1. Completing a written complaint form: A complainant will have the option of including his/her name on this form or filing it anonymously. The District will place the form in a variety of locations throughout the school and should inform students and staff of these locations. The form may be returned to any school staff member, filed in a school building’s main office, or placed in a designated drop box located in each school.
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2. Complete and submit a complaint form which is found on the school website (www.mls.k12.nd.us) under administration>business forms>staff or student bully form. A complainant will have the option of including his/her name on the form or submitting it anonymously.
3. File an oral report with any school staff member.
A complaint filed anonymously may limit the district’s ability to investigate and respond to the alleged violations.
Reporting to Law Enforcement & Others Forms of Redress
Anytime a school staff member has reasonable suspicion that a bullying incident constituted a crime, s/he shall report it to law enforcement. Also, nothing in this policy shall prevent a victim/his/her family from seeking redress under state and federal law.
Documentation & Retention
The District shall develop a form to report alleged violations of this policy. The form should be completed by school staff when they:
1. Initiate a report of an alleged violation of this policy; or
2. Receive an oral report of an alleged violation of this policy.
The form should be completed by an administrator when s/he:
1. Initiates a report of an alleged violation of this policy; or
2. Receives an oral report of an alleged violation of this policy.
All written reports of an alleged violation of this policy received by the District shall be forwarded to the appropriate school administrator for investigation and retention.
Report forms and all other documentation related to an investigation of an alleged violation of this policy shall be retained by the District for six years after a student turns 18 or graduates from high school, whichever is later. If a student does not graduate from the District, such reports and investigation material shall be retained for six years after the student turns 18.
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Investigation Procedures
School administrators (i.e., a principal, an assistant superintendent, or the Superintendent) are required to investigate violations of this policy (as prescribed under “Prohibitions”), when in receipt of actual notice of an alleged violation. Actual notice of an alleged violation occurs when alleged bullying, reprisal, retaliation, or false reporting is reported using the applicable method(s) prescribed in the reporting section of this policy.
Upon receipt of a report of an alleged policy violation, the designated administrator shall first determine if the alleged policy violation is based on a protected class—whether actual or perceived. Reports involving a protected class shall be investigated in accordance with the district’s harassment/discrimination policy, including the timelines contained therein.
In all other cases, administration shall determine the level of investigation necessary based on the nature of the alleged violation of this policy after considering factors such as, but not limited to: the identity of the reporter and his/her relationship to the victim/alleged perpetrator; the ages of the parties involved; the detail, content, and context of the report; whether this report is the first of its type filed against the alleged perpetrator. Based on the level of investigation the administrator deems necessary, investigations may include any or all of the following steps or any other investigatory steps that the administrator deems necessary:
1. Identification and collection of necessary and obtainable physical evidence (NOTE: In some cases physical evidence may be unobtainable, e.g., a private social networking profile);
2. Interviews with the complainant, the victim, and/or the alleged perpetrator. At no time during an investigation under this policy shall the victim/complainant be required to meet with the alleged perpetrator;
3. Interviews with any identified witnesses;
4. A review of any mitigating or extenuating circumstances;
5. Final analysis and issuance of findings in writing to the victim and bully and, if applicable, implementation of victim protection measures and disciplinary measures under this or other applicable policies.
Investigations shall be completed within 60 days unless the administrator documents good cause for extending this deadline. Such documentation should be sent to victim and alleged perpetrator during the investigation.
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Disciplinary & Corrective Measures
Students that the District has found to have violated this policy shall be subject to disciplinary consequences and/or corrective measures. When determining the appropriate response to violations of this policy, administration shall take into account the totality of circumstances surrounding the violation. Measures that may be imposed include, but are not limited to:
1. Require the student to attend detention;
2. Impose in- or out-of-school suspension or recommend expulsion. Due process procedures contained in the district’s suspension and expulsion policy shall be followed;
3. Recommend alternative placement. This recommendation shall be submitted to the Superintendent for approval or denial. The Superintendent may approve such recommendations only if the student has been given notice of the charges against him/her and an opportunity to respond;
4. Create a behavioral adjustment plan;
5. Refer the student to a school counselor;
6. Hold a conference with the student’s parent/guardian and classroom teacher(s), and other applicable school staff;
7. Modify the perpetrator’s schedule and take other appropriate measures (e.g., moving locker) to minimize contact with the victim;
8. If applicable, contact the administrator of the website on which the bullying occurred to report it.
If the misconduct does not meet this policy’s definition of bullying, it may be addressed under other district disciplinary policies.
For bullying initiated off campus and received on campus (e.g. cyber bullying), the District only has authority to impose disciplinary measures if the bullying substantially disrupted the educational environment or posed a true threat. In all other cases of off campus bullying received on campus, the District may only take corrective measures as described in items five through eight above.
If the perpetrator is a school staff member, the District shall take appropriate disciplinary action including, but not limited to: a reprimand, modification of duties (only if allowed by applicable policy, the negotiated agreement, and/or the
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individual’s contract), suspension, or a recommendation for termination/discharge in accordance with any applicable law.
Victim Protection Strategies
When the District confirms that a violation of this policy has occurred, it should notify the victim’s parents and shall implement victim protection strategies. These strategies shall be developed on a case-by-case basis after administration has reviewed the totality of the circumstances surrounding the bullying incident(s) or other violations of this policy. Strategies may include, but not be limited to, the following:
1. Additional training for all students and applicable staff on implementation of this policy and/or bullying prevention.
2. Notice to the victim’s teachers and other staff to monitor the victim and his/her interaction with peers and/or the assignment of a staff member to escort the student between classes.
3. Assignment of district staff to monitor, more frequently, areas in the school where bullying has occurred.
4. Referral to counseling services for the victim and perpetrator.
5. Modification of the perpetrator’s schedule and other appropriate measures imposed on the perpetrator (not the victim) to minimize the perpetrator’s contact with the victim.
Prevention Programs & Professional Development Activities
In accordance with law, the District shall develop and implement bullying prevention programs for all students and staff professional development activities.
NGBB Reporting Guidelines
Students should file a report under the bullying policy and staff shall file such a report when there is:
• Any report by a student that s/he is concerned about his/her safety as a result of intimidation, hostility, or actions by a student or staff member. Such students often avoid certain locations in the school to limit contact with a bully (e.g., locker rooms, restrooms, parking lots).
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• Any report by a student that his/her property has been damaged or s/he is concerned that his/her property will be damaged as a result of intimidation, hostility, or actions by a student or staff member.
• Any indication that a student is being deprived of educational opportunities (e.g., grades rapidly decline, a pattern of absenteeism, avoids certain locations in the school.)
• Any indication of verbal, nonverbal, physical aggression, intimidation, or hostility based on a protected class, i.e., race, color, religion, sex, national origin, age, disability (physical or mental), or status with regard to marriage or public assistance.
• A student has filed a report under the bullying policy or participated as a witness in a bullying investigation and has since become the subject of verbal, nonverbal, or physical aggression or hostility by other students or staff.
NPBC North Dakota Century Code Definition
1. "Bullying" means:
a. Conduct that occurs in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:
 Is so severe, pervasive, or objectively offensive that it substantially interferes with the student's educational opportunities;
 Places the student in actual and reasonable fear of harm;
 Places the student in actual and reasonable fear of damage to property of the student; or
 Substantially disrupts the orderly operation of the public school; or
b. Conduct that is received by a student while the student is in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:
 Is so severe, pervasive, or objectively offensive that it substantially interferes with the student's educational opportunities;
 Places the student in actual and reasonable fear of harm;
 Places the student in actual and reasonable fear of damage to property of the student; or
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 Substantially disrupts the orderly operation of the public school.
A. "Conduct" includes the use of technology or other electronic media.
NGBD Bully Report Forms/Exhibits
 Can be found in the following areas:
o School Website at www.mls.k12.nd.us
o Classrooms
o School Library
o School Offices
o School Board Policy
NGC Restraint or Seclusion Policy
Restraint and seclusion shall be implemented in a nondiscriminatory manner and in compliance with this policy on any student identified as exhibiting dangerous behavior as defined below.
Definitions
For the purposes of this policy:
Dangerous behavior is violent, disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that person or other persons.
Mechanical restraint is any device or object used to restrict or limit a student’s body movement or any normal function of any portion of his/her body to prevent or manage dangerous behavior. Mechanical restraints are prohibited in MLS Public Schools.
Physical restraint is the use of physical intervention intended to hold a student immobile or limit a student’s movement by using body contact as the only source of restraint.
Seclusion is placing a student in a room or limited space alone except for the presence of a staff monitor who shall monitor the student directly in the space or immediately outside it. Seclusion does not include timeouts.
Timeout is a behavior intervention strategy that occurs when the ability of a student to receive normal reinforcement in the environment is restricted. Timeout may be inclusionary (where the student remains in sight and sound of others in the classroom) or exclusionary (where the student leaves the learning environment and goes to another location but is not isolated and prevented from leaving). Timeouts are not a form of seclusion.
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Positive Behavioral Interventions &Strategies (PBIS)
To minimize the need for physical restraint or seclusion to respond to dangerous behavior, the District shall use PBIS to the extent possible. To implement PBIS the District should at least take the following steps:
1. Conduct a school-wide identification and assessment of students in need of PBIS.
2. Train staff on identifying the need for PBIS and on implementing these interventions once established.
3. Develop a behavioral intervention plan (BIP) for identified students. This plan should at least identify environmental triggers that cause the student to engage in dangerous behavior, include procedures for diminishing or removing such environmental factors, list interventions that will be used to maintain appropriate behavior and respond to inappropriate behavior, and contain an overview of self-regulating techniques on which the student will be trained.
4. Involve parents in the development of the BIP and receive their consent on the document. In the case of mentally or physically disabled students, behavior intervention strategies should be addressed in the Individual Education Program (IEP) or 504 Plan.
Prohibitions
MLS prohibits district employees, contractors, volunteers, and other individuals serving or working in any capacity for the District (hereafter district staff) from use of any form of restraint and/or seclusion on students except when the following conditions are met and then only in compliance with this policy: An emergency situation necessitates the use of physical restraint or seclusion to control violent, disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that person or other persons.
1. The District further prohibits district staff from the following:
2. Using restraint and seclusion interventions simultaneously
3. Using restraint or seclusion to discipline a student
4. Using restraint or seclusion as a behavioral intervention when behavior does not pose an immediate risk of harm or has not resulted in harm to the student or others
5. Using mechanical restraints
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6. Using drugs or medication to control a child
7. Using a physical restraint or seclusion technique that restricts breathing or ability to communicate (e.g., requiring a student to lie down or covering a child’s face)
8. Using a restraint or seclusion technique that will knowingly cause harm to a child. An exception to this provision may be warranted if a district staff member is attempting to obtain possession of a weapon or other dangerous object within the control of a student, is attempting to stop a physical altercation between the student and another individual, or is acting in self-defense and inadvertently causes harm to the student in the process. Administration shall investigate anytime a student was harmed during restraint or seclusion to determine the appropriateness of the intervention technique under the circumstances.
9. Using physical restraint or seclusion for longer than when the threat to the student or others has passed
Determining Appropriate Interventions when Need for Physical Restraint or Seclusion is Foreseeable
When the District identifies a foreseeable need for physical restraint or seclusion, it shall determine the appropriate physical restraint or seclusion intervention based on at least the following criteria:
1. Behavior at issue. If behavior does not pose an immediate risk of harm or has not resulted in harm to the student or others, physical restraint or seclusion must not be used.
2. Age of the child.
3. Whether a proposed intervention would violate restraint or seclusion interventions prohibited by policy. Such interventions shall not be used.
4. The child’s needs.
5. Terms of the child’s BIP, IEP, and/or 504 Plan.
6. Whether staff have received appropriate training in the intervention proposed.
7. Number of staff needed to administer the intervention. At a minimum, two staff members should be on hand when physical restraint or seclusion is used—one to witness implementation of interventions.
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8. Whether a staff member will be available to continually monitor a student who is restrained or placed in seclusion. The District requires continuous monitoring of a student placed in seclusion.
9. If seclusion is the recommended intervention, whether the school has a seclusion area free from any objects that the child could use to harm him/herself. If the school district does not have such a room or area, alternative interventions must be used.
10. Whether the proposed interventions have been reviewed and approved by a qualified licensed specialist such as a therapist or psychologist. The District recommends receiving this approval to ensure that proposed physical restraint or seclusion intervention does not substantially depart from accepted professional judgment, practice, or standards.
11. A review of physical restraint or seclusion interventions used to respond to the child in the past. Any interventions that were ineffective should be modified using the above criteria.
12. Whether parents have authorized the proposed physical restraint or seclusion intervention. Such authorization is required and should be documented in a BIP, IEP, or 504 Plan.
Determining Appropriate Interventions when Need for Physical restraint or Seclusion is Unforeseeable
When a student engages in unforeseen dangerous behavior (i.e., dangerous behavior not covered by the BIP, IEP, or 504 Plan), trained staff members shall implement physical restraint or seclusion interventions in compliance with all prohibitions contained in this policy, should respond in at least a team of two, should consider the age of the child and his/her needs when determining the appropriate intervention method, and shall take necessary measures to ensure the safety of the student including continuously monitoring a student placed in restraint or seclusion. Staff administering restraint or seclusion under these circumstances are subject to administrator notification and reporting requirements contained in this policy.
Students engaging in unforeseen dangerous behavior shall be assessed to determine the need for a BIP, IEP, or 504 Plan.
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Staff Training
The District shall provide training to appropriate staff in physical restraint and seclusion and shall at least provide a copy of this policy to all district staff. Only trained staff members should implement physical restraint or seclusion interventions.
If a trained staff member is unavailable in an emergency situation in which a student is engaging in dangerous behavior, the untrained staff member should contact a trained staff member to seek assistance. If the urgency of the situation prohibits contacting a trained staff member for assistance, the untrained staff member shall implement physical restraint or seclusion interventions in compliance with all prohibitions contained in this policy and in the BIP/IEP/504 Plan (if the staff member is aware of the contents of such plan, if such plan exists). Staff administering restraint or seclusion under these circumstances are subject to administrator notification and reporting requirements contained in this policy. The Superintendent shall ensure that the staff member is debriefed after the incident and arrange for the staff member to receive training on physical restraint and seclusion if deemed appropriate.
Documentation, Notification, & Re-Evaluation
Whenever a developmentally disabled student is placed in seclusion or is restrained, the intervening staff member shall contact the building principal or designee as soon as practical. The building principal or designee shall determine if the seclusion or restraint is necessary and compliant with this policy; determine the appropriate duration of the physical restraint or seclusion, not to exceed the length of the school day; and shall at least issue his/her decision in writing.
Anytime restraint or seclusion is used, the school staff member administering the intervention should document it using the district’s restraint or seclusion reporting form and submit it to administration as soon as practical. An administrator or designee shall attempt to contact the student’s parent as soon practical to inform him/her of the restraint or seclusion intervention used. If parents cannot be reached, the administrator should document a description of his/her notification attempts.
This notification requirement may only be waived if the parent agreed in writing to this waiver in the student’s BIP, IEP, or 504 Plan and if the restraint or seclusion intervention used was part of the student’s BIP, IEP, or 504 Plan.
School administration shall monitor the number and content of restraint and seclusion reporting forms received. If restraint or seclusion is repeatedly used, used multiple times within the same classroom, or used multiple times by the same individual, the District shall review the student’s BIP/504 Plan/IEP to
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determine the effectiveness of current intervention strategies and shall assess any implicated staff member’s need for more training.
Policy Violations
District staff who violate this policy may be subject to disciplinary action up to and including termination in accordance with law, district policy, and, if applicable, the negotiated agreement.
Policy Adoption & Review
The Board should seek input of district parents prior to adoption of this policy and should form a committee to review this policy and implementation of restraint and seclusion interventions at least annually. As part of the policy review, the committee should examine the following:
1. Frequency of use of restraint or seclusion
2. Outcomes of restraint or seclusion interventions
3. Demographics of students subject to restraint or seclusion, programs/settings in which such interventions are used, and frequency of each staff member’s use of these interventions to determine if policy is applied consistently
4. Whether use of restraint or seclusion is reported accurately and consistently
5. Whether data collected on restraint and seclusion are used to plan PBIS and staff development
6. Whether policy continues to protect students and staff
7. Whether policy is still aligned with any applicable law
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NGD Wellness Policy
Nutrition Education & Promotion
The District should strive to promote the following nutrition goals (consistent with the Dietary Guidelines for Americans) in grades K-12 through the curriculum and through other promotional methods:
1. Provide a health education curriculum that is aligned with state standards and requirements; is taught by well-prepared and well-supported staff; that is age appropriate; and that is aimed at influencing students’ knowledge, attitudes, and eating habits.
2. Provide an overall school environment that encourages students to make healthy food choices, specifically encouraging:
3. Balancing calories with physical activity to manage weight
4. Consumption of more healthy foods and nutrients such as fruits, vegetables, whole grains, fat-free and low-fat dairy products, and seafood
5. Consumption of fewer foods with sodium (salt), saturated fats, trans fats, cholesterol, added sugars, and refined grains
Identify and implement methods to educate family members about district nutrition standards and goals and involve them in program development and implementation.
The wellness policy committee may develop a list of activities that will help the District achieve the above goals and provide this list to administrators to assist with implementation of this policy.
Physical Education
In addition to state standards and mandates related to physical education, the District should strive, to the extent practical, to offer opportunities for students to be physically active through activities that may include, but not be limited to, recess and extracurricular offerings. The goals of physical activity programs shall be: to develop students’ knowledge and skills necessary to perform a variety of physical activities; assess, maintain, and improve personal fitness; regularly participate in physical activity; understand the short- and long-term benefits of physical activity; and value and enjoy physical activity as an ongoing part of a healthy lifestyle.
Administration will ensure that policies and practices are in place that enables students with disabilities and other special health care needs to participate as fully as possible and safely in physical education and other school physical activity programs. Teachers and other school personnel will not use physical activity (e.g., running laps, pushups) or withhold opportunities for physical activity (e.g., recess, physical education class) as punishment.
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Goals for Other School-Based Activities
The District will seek to promote the physical activity and nutrition goals of this policy through other activities that are practical, implementable, and within district budgetary and statutory parameters. The goals of these other activities shall be to reinforce the nutrition promotion, nutrition education, and/or physical activity goals stipulated above. Activities implemented under this policy provision may be offered to students, parents, and/or district staff.
The wellness policy committee may develop a list of activities that will help the District achieve the above goals and provide this list to administrators to assist with implementation of this policy.
Nutrition Standards
For all meals provided with funds from the National School Breakfast and Lunch Program, the District shall comply with applicable federal nutrition standards established in federal regulations. The District shall comply with any applicable federal standards for competitive food sales on district property if and when these standards become available. In the interim and for all other food sold on District property, school administrators shall, to the extent practical, promote the goals of this policy when selecting food items available for sale in schools. All other foods provided by the District (e.g., as a part of a classroom celebration) or under the district’s jurisdiction (e.g., a school fundraiser) should be selected judiciously, taking into consideration the nutritional value of the food being served, the goals of this policy, and the frequency of use.
Policy Development, Implementation, Review, & Dissemination
The District encourages parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the local school wellness policy. The District shall determine the best methods for the above groups to participate in these processes and shall relay information about the participation processes to the above groups using the method deemed most appropriate, effective, and cost efficient by the wellness policy committee. The Board or designee shall appoint a wellness policy committee in accordance with applicable district policy on committee appointments to develop the wellness policy and perform additional duties prescribed herein.
The Superintendent shall designate one individual per school building to monitor and enforce building-level compliance with the wellness policy. The names of these designees shall be listed in administrative regulations. Each designee shall be responsible for reporting on building-level compliance with this policy and
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supplying the wellness policy committee with any material requested to help the committee assess implementation of and compliance with this policy.
Annually, the wellness policy committee shall met to determine the extent to which each district school is in compliance with the local school wellness policy, the extent to which the local school wellness policy compares to model local school wellness policies (e.g., policies created by the state or federal government, if available or by a state or federal organization that provides support services to schools), and the progress made in attaining the goals of the local school wellness policy. The wellness policy committee shall complete a report that contains the above components, which it shall provide to the MLS School Board and disseminate publicly. Any recommended amendments to the wellness policy must be adopted by the board in compliance with board policy on policy adoption.
The District shall disseminate the wellness policy and any wellness policy amendments to students, parents, and the public.
NGE Tobacco Policy
Tobacco use is the leading cause of preventable death and disability in North Dakota. To support and model a healthy lifestyle for our students and staff, the school board establishes the following tobacco-free policy.
Definition
For purposes of this policy, tobacco is defined to include any product that contains tobacco, is manufactured from tobacco, or contains nicotine. This excludes any FDA approved nicotine replacement therapy.
Use and possession prohibitions
Students
Possession and or use of tobacco products by students on district property, in district vehicles and at school sponsored events (whether on or off district property) is prohibited at all times. Students involved in any extracurricular activities will be subject to NDHSAA rules and guidelines.
Staff/Visitors
The use of tobacco products by all school employees and visitors on district property, in district vehicles and at school sponsored events is prohibited.
This policy includes all events sponsored by the school and all events on school property that are not sponsored by or associated with the school.
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Additional
The school district will not allow advertising of tobacco products in school buildings, on school property, at school functions on district property and in all school publications. This includes student/staff clothing that advertises tobacco products.
The School District will not accept any gifts (such as curriculum, book covers, speakers, etc.) or funds from the tobacco industry.
Communication
This policy will be part of district student and staff handbooks. Notification signs that the district is a tobacco free zone will be placed at all school entrances.
Responsibility
The superintendent/designee shall develop regulations for the enforcement and implementation of this policy.
NGF Carrying Weapons / Firearms Policy
Weapons
The MLS Public School District School Board determines that possession and/or use of a weapon by a student is detrimental to the welfare and safety of the students and school personnel within the district.
No student will knowingly possess, handle, carry, or transmit any weapon or dangerous instruments in any school building, on school grounds, in any school vehicle or at any school-sponsored activity or within 1000 feet of a school building. Such weapons include but are not limited to any knife, razor, ice pick, explosive smoke bomb, incendiary device, gun (including pellet gun), slingshot, bludgeon, brass knuckles or artificial knuckles of any kind, or any object that can reasonably be considered a weapon or dangerous instrument.
Violation of this policy will result in disciplinary action. All weapons will be confiscated and may be turned over to the student's parents or to law enforcement officials at the discretion of the administration.
Firearms – must be 1000 feet distance from school property
Bringing a firearm, as defined in 18 U.S.C. 921, to school will require that the principal initiate proceedings for the expulsion of the student involved for a minimum of one year immediately. The Superintendent may recommend a modification of the expulsion on a case-by-case basis. This modification shall be
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based on the circumstances revealed in the investigation into the incident conducted by the Superintendent or other person designated by the Superintendent to conduct the investigation. The Principal or Superintendent will notify law enforcement. A student who is defined as having a disability under the Individuals with Disabilities Education Act may be placed in an alternative educational setting for up to 45 calendar days, during which time a determination will be made as to whether bringing the firearm to school was a manifestation of the student's disability. Discipline and placement of the student will be in accordance with the Individuals with Disabilities Education Act.
Proper due process proceedings will be observed in all suspensions and expulsions under this policy.
NH Employee Assistance Program
Purpose and Goals
MLS provides an employee assistance program to assist employees in obtaining help to resolve problems such as physical illness, mental or emotional illness, alcohol abuse or alcoholism, drug abuse or dependency, or personal problems such as those of a marital, family or financial nature in an effective and confidential manner. This service will provide information for counseling and treatment referral in a confidential manner, and its intent is to motivate employees to seek help at an early stage and follow through with prescribed treatment.
This program recognizes that the primary obligation to seek assistance and to resolve the problem rests with the employee. Use of the program shall have no impact on the employee’s job security or promotional opportunities.
Enforcement and Training
The board instructs the superintendent to develop procedures and regulations to implement this policy.
Supervisors and or colleagues will implement this policy in such a manner that no employee will have his/her job security or promotional opportunity affected by the use of the Employee Assistance Program.
This policy, and any related procedures, will not alter or supersede that normal employment rules, policies, regulation, corrective disciplinary procedures, performance evaluation, guidelines, and or provisions of collective bargaining agreements. The employee’s right to confidentiality will be protected.
Procedures
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Identification and Initiation
When a troubled (e.g. Physical or mental illness, alcohol/drug addiction) employee is identified, the supervisor may
1. Arrange for a meeting with the employee regarding his/her job performance.
If applicable, suggest that the employee consider utilizing the employee assistance program.
2. If the employee has violated the drug and alcohol free workplace policy, the district may require use of the EAP as a condition of employment.
Except when the district requires use of the EAP as a condition of employment, the employee may choose to accept or reject the suggestion to use the employee assistance program. If the employee
Accepts the suggestion:
 The supervisor will refer the employee to the counselor designated to counsel employees or proper medical or other qualified counseling or diagnostic center.
Rejects the suggestion:
 If job performance improves, the matter is closed
 If poor job performance continues, the district may impose disciplinary action.
Whether or not the employee takes advantage of the employee assistance program, continued feedback should be given to the employee regarding job performance. If work related problems recur after treatment, the employee may be requested to sign a release of information allowing the superintendent to seek information concern treatment process.
Treatment
Problems that require medical or psychiatric treatment may be considered as a disability, and the employee shall be granted the same rights as any other employee on medical disability leave.
Record Confidentiality and Retention
Information relating to the recommendation or use of the employee assistance program will remain confidential and will be kept in a sealed file in the superintendent’s office. The confidential nature of the medial treatment of the employee with alcoholism will be maintained in the same manner as all other medical treatment records.
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NI Federal Title Program Administration
The MLS School District shall participate in the Federal Title Programs and abide by the regulations in effect. The School will participate as a "Targeted Assistance" school that serves students in Grades K-8. The School District may convert to a "School Wide" program upon approval of the School Board. The District will develop the necessary reports to administer the Title Programs in accordance with the regulations as set by the North Dakota Department of Public Instruction.
NIA Federal Dispute Resolution Policy/Procedure
Federal regulations require that each school district adopt procedures for receiving and resolving disputes pertaining to any of the Title programs.
If a parent, school personnel or any interested person wishes to file a complaint, the following process must be followed: The complainant will follow district procedure found in board policy, if unsatisfied may appeal to DPI and the Dept. of USDE.
The written complaint must be sent via mail or e-mail to:
(Director of Specific Title program)
North Dakota Department of Public Instruction
600 E Boulevard Avenue, Dept. 201
Bismarck, ND 58505-0440
Any complaint must include:
• The date;
• The name of the district, unit, or individual the complaint is against;
• The name, address, and telephone number of the person making the complaint;
• A detailed description of the complaint, including specific facts; and
• The signature of the person making the complaint.
When a written complaint is filed, the appropriate DPI Title director will investigate and issue a written response within sixty (60) calendar days from the date the complaint is received.
Reconsideration
Once a response is received from DPI staff, the person making the complaint may submit a reconsideration request in writing to the State Superintendent within thirty (30) days of the date of the Title director’s response. The State Superintendent will issue a final decision within thirty (30) days of the request for reconsideration.
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Other Formal Dispute Resolution Procedures
Rules regarding dispute resolution between a school district and DPI regarding state or federal funds are outlined in chapter 67-22-01 of the North Dakota Century Code.
NIB Title I District Parental Involvement Policy District Expectations
The Mohall Lansford Sherwood School District agrees to implement the following statutory requirements:
 The school district will put into operation programs, activities, and procedures for the involvement of parents in all of its schools with Title I programs. Those programs, activities, and procedures will be planned and operated with meaningful consultation with parents of participating children.
 The school district will work with its schools to ensure that the required school-level parental involvement policies meet the Title I requirements, and include, as a component, a school-parent compact.
 The school district will incorporate this district-wide parental involvement policy into its district plan.
 In carrying out the Title I parental involvement requirements, to the extent practicable, the school district and its schools will provide opportunities for the participation of parents with children with limited English proficiency, parents with children with disabilities, and parents of migratory children, including providing information and school reports in an understandable and uniform format, including alternative formats upon request, and, to the extent practicable, in a language parents understand.
 If the district plan for Title I is not satisfactory to the parents of participating children, the school district will submit any parent comments with the plan when the school district submits the plan to the Department of Public Instruction.
 The school district will be governed by the following statutory definition of parental involvement, and expects that its Title I schools will carry out programs, activities, and procedures in accordance with this definition:
Parental involvement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring-
A. that parents play an integral role in assisting their child’s learning;
B. that parents are encouraged to be actively involved in their child’s education at school;
C. that parents are fill partners in their child’s education and are included, as appropriate, in decision-making and on advisory comities to assist in the education of their child;
D. the carrying out of other activities, such as those described in section 1118 of the ESEA.
 The school district will inform parents and parental organizations of the purpose and existence of the Parental Information and Resource.
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NIC District Parental Involvement Policy
1 The Mohall Lansford Sherwood School District will involve parents in the joint development of its district parental involvement plan during the first title I Open House.
2. The Mohall Lansford Sherwood School District will provide the necessary coordination, technical assistance, and other support to assist Title I programs in planning and implementing effective parental involvement activities to improve student academic achievement and school performance.
3. The Mohall Lansford Sherwood School District will build the schools’ and parents’ capacity for strong parental involvement, in order to ensure effective involvement of parents and to support a partnership among the school, parents, and the community to improve student academic achievement, through the following activities specifically described below:
A. The school district will, with the assistance of its Title I programs, provide assistance to parents of children served by the school district, as appropriate, in understanding topics such as the following, by undertaking the actions describe below
 the state’s academic content standards,
 the state’s student academic achievement standards,
 the state and local academic assessments including alternate assessments,
 the requirements of Title I,
 how to monitor their child’s progress, and
 how to work with educators
 how to help their child develop good study habits
B. The school district will, with the assistance of its Title I programs, provide materials and training to help parents work with their children to improve their children’s academic achievement, such as literacy training and using technology, as appropriate, to foster parental involvement, by:
 Providing parent literacy night
 Implementing Family Activity Nights – literacy, study skills, technology topics
 Information presented in Newsletters
C. The school district will, with the assistance of its Title I program and parents, educate its teachers, principals and other staff, in how to reach out to, communicate with, and work with parents as equal partners, in the value and utility of contributions of parents, and in how to implement and coordinate parent programs and build ties between parents and schools, by presentations, sharing ideas/information, and literature.
D. The school district will, to the extent feasible and appropriate, coordinate and integrate parental involvement programs and activities with the Peace Garden Consortium Early Literacy Program and
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encourage and support parents in more fully participating in the education of their children, by:
 Offering Family Activities
 Provide information through Newsletters and conferences
E. The school district will ensure that Title I information related to the school and parent-programs, meetings, and other activities, is sent to the parents participating children in an understandable and uniform format, including alternative formats upon request, and, to the extent practicable, in a language the parents can understand.
4. The Mohall Lansford Sherwood School District will conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of this parental involvement policy in improving the quality of its Title I program. The evaluation will be conducted prior to the annual meeting with parents and Title I personnel. The evaluation will include identifying barriers to greater participation by parents in parental involvement activities (with particular attention to parents who are economically disadvantaged, or disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background). The school district will use the findings of the evaluation about its parental involvement policy and activities to design strategies for more effective parental involvement, and to revise, if necessary (and with the involvement of parents) its parental involvement policies.
5. The Mohall Lansford Sherwood School District will coordinate and integrate parental involvement strategies under Title I with parental involvement strategies under the Peace Garden Consortium Literacy Program.
A. The Mohall Lansford Sherwood School District will involve parents in the process of school review and improvement by announcing meetings and inviting parents to attend.
NID Dispute Resolution Process for Homeless Children
1. School District’s Homeless Liaison notifies the state Homeless Coordinator of the dispute.
2. State Homeless Children and Youth coordinator documents the cause of the dispute and identifies the contact person for enrollment at the LEA
3. State Coordinator telephones LEA enrollment contact to discuss situation and explain that the contact will be followed with a letter from the coordinator detailing the requirement of the McKinney/Vento homeless education assistance act. The LEAS will be informed that the school must immediately contact the last attended to obtain relevant academic and other records and the student must immediately be admitted to the school in which he is seeking enrollment, pending resolution of the dispute.
4. State Coordinator sets up a meeting with the following individuals the LEA enrollment representative, the LEA liaison, parents of the student, homeless service providers, and the state Homeless Coordinator to resolve the issue in a calm, respectful manner.
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5. If the school does not agree to comply with the Act at this time, the state coordinator will contact the United States Department of Education at the federal office for the McKinney/Vento Act for further ideas for resolving the dispute. At this time the case will also be referred to the State Superintendent of Public Instruction.
NIE English Language Learner Policy
In providing appropriate education services to Limited English students. We understand our legal responsibility to provide appropriate placement, along with curricular, instructional, and other related services to ensure that all English Language Learners are equipped to participate effectively in the schools’ educational programs.
To accomplish this, MLS is committed to implementing the LAU Plan, which details the procedural requirements and services to be provided to English Language Learners, including identification, assessment, registration, placement, exit criteria, and procedures to ensure appropriate identification of LEP students requiring special education services.
MLS English Language Learner Program ensures that these services are provided and that all federal and state regulations and standards regarding the education of English Language Learners are implemented in the schools. Equally important, is that our ELL program is consistent with best educational practices. Both research and experience have proven that such programs provide the most valuable educational opportunities for LEP students.
NJ Crisis Intervention Plan
A plan shall be developed to follow in the event of a suicide or sudden death of a student or staff member. If considered appropriate, this plan may be implemented for such tragedies that occur to those not currently involved with the school system.
NJA Crisis Intervention Plan Policy
1. Reacting to Suicide or Sudden Death
a. A crisis occurs
b. Knowledge of the above crisis reaches the school
i. The person receiving the information about the crisis contacts to superintendent, the principals, and the school counselor
ii. The superintendent, principal, or counselor confirms that the crisis has taken place by calling law enforcement, clergy, etc.
iii. NOTE: All media contacts should be referred to the superintendent. Other staff is requested to not discuss the matter with the media.
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c. An initial meeting is held as soon as possible with the superintendent, building principals, and school counselor. The purpose of the initial meeting is to address the following:
i. What are the facts of the death? Based on those facts, what potential impact will the death have on the school community?
ii. Based on 1 (above) should a second, more comprehensive meeting occur? If so:
(1) The Crisis Intervention Team is notified of the meeting.
(2) This team meeting is held as soon as possible. It needs to occur prior to the start of the first school day after the crisis and early enough to allow time to plan and to meet with staff prior to the start of the school day. At this meeting the Crisis Intervention Team plans the course of action based on the District's Crisis Intervention Plan.
d. The Crisis Intervention Team guidelines. (The second meeting.)
i. Facts, as known, within limits of confidentiality and families' rights to privacy, are shared with all team members.
ii. Based on those facts, procedures need to be developed to:
(1) Share information with staff, and students.
(2) Assist in the expression of grief and other reactions.
(3) Identify, assist and refer any persons who are having difficulty and/or who may themselves be at risk.
(4) In the event of a suicide take precautions against any "copycat" phenomena occurring.
iii. If the crisis is a suicide, family contact should be made to inform family of plan, to obtain permission for specific items of information and to offer assistance. A member of the clergy might be an excellent liaison in this area.
iv. A building coordinator needs to be identified. It will be this person's responsibility to collect all information on persons identified as being at risk or as having a particularly difficult time. This person will also coordinate the referral (if indicated) of these persons.
v. Some discussion should occur identifying persons at risk from the facts as known (sibling, children of the deceased, close friends, etc.)
vi. What, if any additional support staff will be needed? Will there be a need for outside persons (Counseling Centers) to be present in the school? If so how many, who, when, and where will they be located?
vii. There will be a need to discuss the funeral attendance policy for students and staff. It is extremely important not to memorialize a suicide death.
viii. Some discussion will need to occur as to whether the district should reach out to the community, i.e., present something to the parents. If so who will present, when and where.
ix. The second meeting needs to map out a tentative 2-3 day plan for the district, which will be shared with staff and students. When setting this up, some thought needs to be given to potential problems and follow up.
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x. The second meeting needs to discuss exactly what information will be shared with staff/students, when this will occur, and who will present it.
(1) Decide what statements or handouts would be appropriate for dissemination to both staff and students.
(2) Students should be informed in small groups. Large assemblies should be avoided.
(3) Procedures need to be developed for assisting staff that may have difficulty with their roles that day. Will substitutes be available? Who will be available to assist a staff person in dealing with student reactions in the classroom?
xi. A third meeting of the Crisis Intervention Team needs to be scheduled for the end of the first day. The purpose of this meeting is to review and evaluate what has occurred, to prepare for the next day, and to support one another.
e. Presentation to Staff. As noted earlier this should occur prior to the start of the school day. We hope that many staff members are on the Crisis Intervention Team, but if they are not they need to meet. Presentation items should include (but not be limited to) the following:
i. The facts of the situation (as known) and as able to be shared given the limits of confidentiality, etc.
ii. Time needs to be allowed for reactions to the presentation of facts. Staff that are identified as at risk based on reactions need to be followed up with an offer of help/assistance.
iii. The District Plan- what has occurred and what will occur- needs to be shared. Also, members of the team need to be identified.
iv. The role of the building coordinator and other support staff needs to be explained. They should also be identified at this time.
v. The funeral arrangements need to be shared (if known) as well as the district's funeral attendance policy.
vi. Detailed discussion of the presentation to students needs to occur. This should include at least the following:
(1) Who will tell the students? How will this be done? First Hour, etc.? What will they be told?
(2) How may the students react? Discussion of the outline (already prepared) for leading class discussions on suicide or sudden death.
(3) Students already identified as potentially at risk (based on the facts) need to be shared. Also additional names should be sought from staff.
(4) A general brief discussion of how to identify students at risk needs to occur.
(5) Procedures as to what to do with students at risk needs to occur. Staffs need to be informed as to what will be offered to the students.
(6) Procedures for notifying parents of what was discussed with their students, why it was discussed and identifying resources for parents to go to.
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vii. Staff needs to be reminded of their own vulnerability and need to feel free to seek assistance at any time during the day. Substitute policy needs to be shared.
viii. Staff needs the opportunity to ask questions and react to any of the above.
f. Presentation to Students
i. This will be done according to the plan worked out by the Crisis Intervention Team and as shared in E. above.
ii. Efforts should be made to accomplish this in small groups (classroom size). It is also important not to memorialize a suicide death.
g. The third meeting of the Crisis Intervention Team should occur at the end of the first day. The purposes of this meeting are:
i. To review the day, identifying problems, concerns, to review procedures and to assess the situation at present.
ii. To further identify students/staff at risk and insure that all are receiving appropriate follow-up.
iii. To plan the next few days, activities (What will occur on day 2? Should there be support staff added/subtracted? Should a community presentation be offered, etc.? Should there be additional staff/ student meetings/presentations?)
iv. To mutually support and debrief one another.
h. Follow-up meeting as determined by the Crisis Intervention Team.
2. Guidelines for School Response to Death of Students or Other Trauma
a. Someone trusted and seen as an authority figure should tell students. The principal or other Crisis Intervention Team member is a logical choice.
b. An announcement of the event and an expression of sympathy is an appropriate message.
c. An announcement of the funeral arrangements should be made as soon as the information is available.
d. All students who wish to attend the funeral should be allowed to go. A telephone call from a parent or guardian to the school office will be accepted without question. (However we recommend that students attend the funeral with parents or another adult. See district funeral policy on page 12.)
e. Class advisor, activity advisors, or office personnel should order memorials.
f. Appropriate school personnel may attend the visitation and the funeral to represent the school.
g. Students should be allowed to talk to counselors, administrators, teachers or other students during the grieving period.
h. If appropriate, the school counselor should be notified to obtain the assistance of other professionals to assist students who may need additional help.
i. A week or two after the crisis, it may be appropriate to allow students to convene in small groups to discuss the event, their feelings, thoughts and attitudes. Expressions of honest feelings should be encouraged.
j. Things not to do:
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i. Do not bring car and place it on school lawn (in case of death due to an automobile accident.)
ii. Do not have an all school assembly.
iii. In the case of a suicide:
(1) Do not fly flag at half-mast.
(2) Do not glamorize or sensationalize the event.
(3) Do not dedicate the yearbook to him/her.
(4) Do not make him/her out to be a hero.
Encourage the media to respect family feelings and not make a media event out of the tragedy. Interviews with students will not be allowed on school grounds. Interviews with faculty are discouraged. The superintendent, principal, or designee will address Media personnel.
3. MLS Public School Crisis Intervention Team Presentation to Students
a. In calm matter-of-fact way, tell the students the facts as given to you in writing by the principal.
b. The purposes of discussing this topic are:
i. To give you all the facts about what happened.
ii. To give you an opportunity to ask questions and express your feelings about death/ sudden death/ suicide.
iii. Because of time restrictions, you will not have time to cover all of these feelings and reactions to what happened. Use this as a guide for discussion. You don't have to go through it word for word.
c. No one can ever know exactly why a suicide or death happens. When it does happen though, it can produce many different feelings in many different people. These are all very normal. Whether you knew the victim very well, whether you know him/her at all, you are in a position to have some reactions to what happened. Listen as I describe some of the common feelings and reactions to death and think about your own thoughts and feelings.
i. Anger
(1) "How could this have happened?"
(2) "How could God have allowed this to happen?"
(3) "This is so unfair."
(4) "I am so angry; why did he/she do this?"
(5) "No one cared enough; why didn't somebody stop this?"
(6) "Why didn't somebody do something?"
ii. Shock
(1) "I feel numb."
(2) "This just can't be happening."
iii. Fear
(1) "I wonder who it will strike next?"
(2) "I wonder what it feels like to die?"
(3) "What's my death going to be like?"
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(4) "I wonder about the thoughts of suicide-if it gets in your head; are you powerless to overcome it?" No
iv. Guilt
(1) "Maybe I could have done something."
(2) "He/She did mention something to me about suicide, but I didn't take him/her seriously."
(3) "How can I go about living my normal life, having a good time, when somebody like this just died?"
(4) "I don't feel sad enough; maybe I should be feeling worse than I do."
v. Rejection
(1) "My friend left me."
(2) "My caring and my friendship weren't enough."
vi. Betrayal
(1) "He/She promised he/she wouldn't do this and he/she broke his/her word."
(2) "We were so close; he/she gave it all up."
(3) "He/She never told me; he/she didn't care enough about our relationship."
vii. Hopelessness
(1) "Life is so rotten."
(2) "What's the use of going on?"
(3) "If someone like this felt bad enough to kill himself/herself, maybe my life is bad enough too; maybe I should kill myself."
viii. Grief
(1) "I'm feeling an aching sense of sadness and loss."
(2) "I'm thinking that I'll never smile or feel happy again."
d. After listening to the feelings that I have described, can you identify any of them in yourself? Are there any emotions or questions or thoughts that you have had that you would like to express or ask about at this time?
i. Team members should then wait, if possible, for almost a minute to allow students to make a decision regarding talking or not. Team members should wait silently.
ii. You may not get much of a response. This is O.K.
iii. If you do get a response, listen attentively; answer the questions if possible, but mainly just show close attention and caring about what the person is saying.
iv. Do not answer questions regarding how the student died. If asked, just say, "That's not important right now."
e. After the student responses are over, tell them that if they wish to express any other feeling, question, or thought, that they can talk further with you (after class, or after school) or see the counselor, principal, other teachers or others who have been brought in (ministers, counselors etc.) They need to do this for two reasons:
i. It is always better to talk about your feelings in a situation like this than to keep them in. Feelings lose their power when they are brought out in the open.
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ii. Each of you has a responsibility to yourself to do something when you are feeling bad for an extended period of time. Feeling bad sometimes is normal, but if it lasts too long, you need to do something about it.
f. Expressing sympathy is difficult for most of us; it is important to be sincere, to show that you care, and to not avoid those students most affected.
g. You also have a responsibility to any friends you have who may express suicidal thoughts. Here are some suggestions about what to do if a friend talked to you in this way:
i. Three key points to remember:
(1) Talk honestly and frankly with your friend; don't play games; this is serious.
(2) Show your concern and support by the way you look at and listen to him/her.
(3) Get some help from an adult. Tell a parent, teacher, counselor, principal, or minister.
ii. Some more specific suggestions for students are:
(1) Don't say that the idea is "stupid" or that he/she really doesn't mean it.
(2) Don't try to argue him/her out of it.
(3) Don't act shocked.
(4) Don't take the talk lightly or not seriously just because you think he/she may be trying to get attention. You may be right, but if somebody needs to get attention by saying things like this, then he/she does have a problem. Think of a suicide talk as a cry for help; someone saying, "Please listen to me; I need somebody's attention." You must take all talk of suicide seriously.
(5) Do make sincere comments to your friend like, "I don't want you to do this", and "I like you and I want to help you."
(6) Encourage and even insist that the person tell his feelings to a counselor, parent, relative or some other adult he can trust and who can give him more help than you can.
(7) Don't promise not to tell anybody, even if the person asks you to. This is no time to keep secrets.
(8) You also need to talk to a responsible adult because no one expects you to handle this by yourself.
(9) Try to spend as much time with your friend as possible; stick with him/her if you can; hook up with some others.
(10) Give the 24-hour Crisis Hot line - 1-800-472-2911-, and say that he/she can call that number at any time day or night - whenever he/she has a problem and needs to talk to someone.
h. Many people do think about suicide sometime in their lives. This is normal. But committing suicide is a needless and a permanent solution to what are always short-term problems. Please ask for help.
i. MLS Public School District Funeral Policy.
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i. All students who wish to attend a funeral will be allowed to go. A telephone call from a parent or guardian to the school office will be accepted.
ii. In the event of a sudden death or suicide, students should check in at the office if they are leaving the school for the funeral and fill out a Funeral Leave Form so the school is aware that the student will not be attending the funeral alone.
iii. Clergy have been advised to encourage evening or weekend funeral services whenever possible.
NK Harassment
Harassment of any type has no place in the school setting. The MLS School District will endeavor to maintain learning and working environment that is free of harassment. The School Board expects administrators and supervisors to make it clear to students and staff that harassment in the school building, on school grounds, or at school-sponsored functions will not be tolerated and will be grounds for disciplinary action up to and including suspension or expulsion of students and termination of employment for employees.
Harassment may include but is not limited to sexual harassment, racial harassment or harassment because of a physical condition or disability. It may also include but is not limited to hostile, demeaning or intimidating behavior or conversation.
NKA Sexual Harassment Policy
Sexual harassment is recognized as a form of sex discrimination and thus a violation of the laws, which prohibit sex discrimination. Under the Equal Employment Opportunity Commission (EEOC) Guidelines, which the school district follows, an employer may be held accountable if supervisory employees harass a person, whether or not the employer is aware of the harassment or acts promptly to remedy the situation. If a person is harassed by fellow workers or by non-employees the employer may be held accountable if the employer knows or should have known of the harassment and fails to take immediate and appropriate corrective action.
Learning and working environment that is free from sexual harassment will be maintained in the MLS School District. It will be a violation of policy for any member of the district staff to harass another staff member or student, or for students to harass employees or other students, through conduct or communication of a sexual nature as defined by this policy.
Administrators and supervisors will make it clear to their staff and students that sexual harassment is prohibited by Board policy and is grounds for disciplinary action. Administrators will use staff meetings and in-service sessions and
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students’ assemblies to inform employees and students of their rights and remedies under the law.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when (1) submission to such conduct or communication is made a term of condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education, advancement or grade, (2) submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual's employment or education, or (3) such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education or creating intimidating, hostile, or offensive employment or education environment.
Sexual harassment, as defined above, may include, but is not limited to:
1. Sex oriented verbal "kidding," abuse, or harassment;
2. Pressure (subtle or otherwise) for sexual activity;
3. Repeated remarks to a person, with sexual or demeaning implications;
4. Unwelcome touching, such as patting, pinching, or constant brushing against another's body;
5. Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, employment status, or similar personal concerns.
Any person who believes he or she has been the victim of sexual harassment by any employee or students of the school district or any third person with knowledge or belief of conduct that may constitute sexual harassment should report the alleged acts immediately to the appropriate school district official (Superintendent or Building Principal). If the official designated is the person alleged to have sexually harassed another, the complaint may be made to any other administrator or directly to the board president. Filing of a complaint or otherwise reporting sexual harassment will not reflect upon the individual's status or affect future employment, work assignments, or grades.
The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the school district's legal obligations and with the necessity to investigate allegations of harassment and to take disciplinary action when this conduct has occurred.
A substantiated charge against a school district staff member will subject such member to disciplinary action, which may include discharge.
A substantiated charge against a student in the school district will subject that student to disciplinary action, which may include suspension or expulsion, consistent with student disciplinary policies.
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Notice of this policy will be circulated to all district schools and departments and incorporated in teacher and student handbooks.
NM Meal Charge and Cafeteria Guidelines
Breakfast and Hot Lunch will be served each school day. Meal tickets may be purchased at the Business Offices in different denominations. School Lunches are on a cash basis. The school district strongly discourages charging. If your bill accumulates to over $25.00 per student or $50.00 per family in charges, your child/children will not be able to continue eating school provided meals until the bill is paid in full. The school prefers advanced payment of meals. The free and reduced meal programs are available and the district encourages the use of these programs. . (This information is confidential.) Meals can be purchased daily or up to the entire year.
Anyone who refuses to cooperate with this procedure will be refused admittance into the cafeteria. Excessive noise, waste of food, damage of utensils, etc., will not be tolerated. A student may be denied service at any time.
NN Short Term Closures
If it becomes necessary that one school building in the district is forced to have a short term closure for climatic, environmental, mechanical or other conditions as determined by the superintendent, students and staff from that building will be required to make up the lost school time during district designated storm days. If storm days are not available, staff and students will make up lost time with a remaining non-state assigned holiday. All staff members are expected to fulfill the districts designated total number of school days except as identified in school board policy, negotiated agreements and acceptable general practices.
NO General
5-09 COMMUNICABLE DISEASES Any child having any contagious of infectious disease shall be sent home from school and shall not be readmitted without a physician’s written statement that the child is free from contagion, in accordance with the regulations of the local board of health. 5-04 EXCHANGE OF STUDENTS The Superintendent may waive tuition for exchange students living in homes within the District, provided the exchange program is under recognized and responsible sponsorship and has had prior Board approval. Exchange students have all the rights and privileges of a resident student during the period of enrollment.
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5-10 SIGNIFICANT CONTAGIOUS DISEASES In considering the admittance or denial of admittance of a child who is diagnosed as having a significant infectious disease such as Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC), Cytomegalovirus (CMV) or Hepatitis B, the District will abide by the decision of the local board of health significant infectious disease committee. This committee consists of the Superintendent or designee, the local health officers, or other physician designated by the local board of health and the child’s physician. Any change observed in the child’s condition that might require reassessment of the child’s attendance shall be reported to the Superintendent, who shall call a meeting of the committee to consider such reassessment. The District will provide appropriate alternative programs for children who are unable to attend school or who may need special programming in the school setting because of a significant infectious disease. A team consisting of the Superintendent, the child’s personal physician and the child’s primary classroom teacher and the child’s parent(s) will determine an appropriate program. The special education director and other specialists may be included if appropriate. Any information coming before this team shall be considered confidential.
5-19 STUDENT HANDBOOKS The administration shall publish and annually revise a handbook containing information about the District and the rules and regulations with which students are expected to conform. The handbook shall be distributed to all students and parents the first day of school each year. Students have the responsibility to know and respect the rules and regulations of the District. 5-20 STUDENT CONDUCT Students in our schools are expected to act in such fashion that their behavior will reflect favorably on the individual student and on the school, will show consideration for fellow students, and will create a harmonious school atmosphere. To accomplish this, all students must recognize their individual responsibilities and obligations and discharge them in accordance with the school regulations. Attention is specifically called to behavior on school buses, at lockers, in the lavatories, in the gymnasium, in the corridors, in the cafeteria, in the area outside the school, in the library, in school offices and of course, in the classroom. Students may exercise their right to freedom of expression through speech, assembly, petition, and other lawful means. The exercise of this right may not
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interfere with the rights of others. Freedom of expression may not be utilized to represent material, which tends to be vulgar or slanderous, or to defame, character, or to advocate violation of federal, state or local laws, or official school policies, rules and regulations. The rights and limits of students respecting freedom of speech, press and assembly shall be in accord with the First Amendment of the United States Constitution. Fighting or causing others to fight is specifically prohibited on school property and at all school functions. For purposes of this policy, fighting is defined as taking part in a physical struggle, with or without the use of fists or weapons. Fighting is not an acceptable alternative to dealing with disagreements among students. Students are encouraged to seek help from a counselor, teacher or administrator when problems arise. In each instance in which an employee acts to help students conduct themselves properly, emphasis shall be placed upon the growth of students in the ability to discipline themselves. The authority of school extends beyond the building to the school grounds and to all places where school-sponsored activities are held, including athletic contests and such other activities as having a direct and immediate effect either on school discipline or on the general safety and welfare of students and staff. 5-21 BUS CONDUCT The disciplinary authority of the school shall exist over all students while being transported to and from the schools, and the driver of the bus shall be charged with their control and discipline while they are being transported. The responsibility for supervision begins when the student boards the bus and ends when the student is delivered to the regular bus stop at the close of the school day.
The School Board shall require students to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. The administration shall establish specific rules in keeping with this policy. This policy shall extend to any trip under school sponsorship, including extracurricular trips. Students shall respect the wishes and directives of staff and chaperones appointed by the administration. All students being transported by school transportation to and from any school activity during the winter months should be properly dressed to protect them from the extreme weather conditions. This precaution is necessary so that the students
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will be prepared for any mishaps that might occur which expose them to inclement weather. Proper clothing includes protective head covering, winter coat or jacket, mittens or gloves, and footgear.
5-22 STUDENT DISCIPLINE
Good discipline in the school is extremely important to the school program. Without good discipline, the school cannot discharge its primary responsibility in the development of citizenship. Without good discipline, student cannot realize their greatest opportunities for growth. Good discipline in the classroom consists of business-like behavior, which encourages active, cooperative participation by each student. One of the most important lessons education should teach is discipline. Which it does not appear as a subject, it underlies the whole education structure. It is this training that develops self-control, character, orderliness and efficiency. It is the key to good conduct and proper consideration. Principals are charged with maintaining adequate discipline in each school. All employees of the school system should aid in the discipline of the schools. Teachers are expected to assume responsibility for the discipline of students in the individual classrooms as well as contributing to the monitoring of discipline throughout the school. The teacher is responsible for the care, discipline and instruction of pupils in his/her charge and as assigned by the principal. The teacher shall enforce all rules governing the conduct of pupils. In maintaining discipline, the teachers must be able to proceed with the assurance that support will be forthcoming from the principal, Superintendent and the school board. A teacher or administrator may use reasonable force upon a minor child for the purpose of safeguarding of promoting the child’s welfare, including the prevention of wrongful injury to the child, others persons or property. Corporal punishment, defined as punishment inflicted on the body of a student in order to modify behavior, is not to be used in the school. Reasonable physical restraints may be used against a student where necessary to abate a disruption, or a prevent harm to others, A teacher has the right to defend himself or herself against physical attacks by students, and may use reasonable force as a means of self-defense. When a teacher finds it necessary to forcibly remove a student from a classroom, it would be best to notify the principal or and administrator to facilitate the task. 5-30 ACCIDENTS All accidents that occur on school property or during school activities should be
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reported to the principal’s office as soon as possible, In the event a child is injured in school, first aid will be administered by a teacher or principal. If the accident is of a serious nature, the parent(s) will be called immediately. If the school is unable to contact the parent(s), a doctor and/or ambulance will be called or school personnel will transport the student to a medical facility. The supervising teacher will complete school accident forms supplied by the office. 5-32 STUDENT PUBLICATIONS School publications are designed to serve as a vehicle for instruction and should be appropriate for students as to grade level and content of material. All publications shall have a faculty adviser; the students’ editorial staff and faculty advisor shall establish editorial policy, which promoted responsible journalism. This shall include the avoidance of libel, obscenity, profanity, defamation, false statements, or material advocating racial or religious prejudice or the violation of laws. Student publications shall provide as much opportunity as possible for the sincere expression of student opinion. Articles should reflect all areas of student interest, including topics about which there may be dissent and controversy. Controversial subjects should be presented in depth with a variety of viewpoints published. 5-33 GENERAL ANNOUNCEMENTS, SOLICITATIONS AND FUND RAISING The District’s public address system is intended to facilitate the efficient day-to-day operation of the system, thus announcements made for a school organization, other public organization or a private agency must have the approval of the building principal. The selling of merchandise within the school by agents of private or other public business concerns shall be prohibited. Exceptions to this policy may be allowed by the administration when such sales involve merchandise related to school activities (i.e. class rings, announcements, school jackets, athletic gear, etc.) and does not interrupt instructional activities. Fund raising activities such as raffles, contests, walk-a-thons, car washes, cake sales, etc., may be approved by the administration when the purpose is the support of a District educational or activity program. Such activities must be provided with proper supervision and require only voluntary participation.
NU FAMILY AND MEDICAL LEAVE LAW
Definitions
Definitions under FMLA are contained in 29 C.F.R. 825.800. Included below are key definitions for quick reference.
 Covered Active Duty: The term means, in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and, in the case of a member of the reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.
 Covered service member means a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury of illness; or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
 Equivalent position is defined in 29 C.F.R 825.15.
 FMLA refers to the Family and Medical Leave Act of 1993, implemented by 29 C.F.R. 825.
 Health care providers are defined in 29 C.F.R 825.125.
 In loco parentis applies to employees with either day-to-day care or financial support of a child when the employee intends to assume the responsibilities of a parent with regard to a child.
 Intermittent leave means leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and
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may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy.
 Next of kin of a covered service member means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin.
 Outpatient status, when used with respect to a covered service member, means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients (29 U.S.C. 2611).
 Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined below. This term does not include parents ‘‘in law.’’
 Qualifying exigency is defined in accordance with 29 C.F.R. 825.126.
 Reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek or hours per workday
 Same health benefits mean, for example, that if family member coverage is provided to an employee, family member coverage must be maintained during a FMLA leave. Also, if an employer provides a new health plan or benefits or changes health benefits or plans while an employee is on FMLA leave, the employee is entitled to the new or changed plan or benefits to the same extent as if the employee were not on leave.
 Serious health condition means an illness, injury, impairment or physical or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115. Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not ‘‘serious health conditions’’ unless inpatient hospital care is required or unless complications develop.
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Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness or allergies may be serious health conditions, but only if all the conditions of § 825.113 are met.
 Serious injury or illness means in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and, in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
 Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and ‘‘incapable of self-care because of a mental or physical disability’’ at the time that FMLA leave is to commence.
 Spouse means husband or wife as defined under North Dakota law (29 C.F.R. 825.113).
 Teachers (or employee employed in an instructional capacity, or instructional employee) means an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.
 Veteran: the term has the meaning given the term in section 101 of title 38, United States Code.
Leave Description
The use of unpaid family and medical leave is subject to the following:
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1. The District will pay family leave or sick leave only under circumstances permitted by the applicable leave plan (29 C.F.R. 825.207).
2. To be eligible for family and medical leave, an employee must (29 C.F.R. 825.110 and 825.111):
a. Have been employed by the District for at least 12 months (the 12 months need not be consecutive—see 29 CFR 825.110 for explanation).
b. Have been employed for at least 1,250 hours of service during the 12-month period immediately before the beginning of the leave.
3. Family and medical leave is available in one or more of the following instances (29 C.F.R. 825.112; 29 U.S.C. 2611):
a. The birth and first-year care of a son or daughter.
b. The adoption or foster placement of a child.
c. The serious health condition of an employee's spouse, parent, or child.
d. The employee's own serious health condition that makes the employee unable to perform his/her essential job functions.
e. Because of any qualifying exigency, arising out of the fact that a spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
f. To care for a covered service member if the eligible employee is the spouse, son, daughter, parent, or next of kin of the covered service member.
4. FMLA may generally be used for up to a combined total of 12 weeks during any 12-month period (29 C.F.R. 825.200). Eligible employee caring for a covered service member in accordance with “3f” above are entitled to a total of 26 workweeks of leave during a single twelve-month period (29 C.F.R. 825.127).
5. School board policy will govern family and medical leaves, but FMLA, and its implementing regulations, will be the final authority (29 C.F.R. 825.700).
Response to Leave Requests
The Superintendent or designee shall issue the following notices to employees upon receiving a leave request:
1. Eligibility notice: When an employee requests FMLA leave, or when the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee’s eligibility to take FMLA leave within five business days, absent extenuating circumstances. All FMLA absences for the same qualifying reason are considered a single leave and employee eligibility as to that reason for leave does not change
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during the applicable 12-month period. The eligibility notice must state whether the employee is eligible for FMLA leave. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible, including as applicable the number of months the employee has been employed by the employer, the number of hours of service worked for the employer during the 12-month period, and whether the employee is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. Notification of eligibility may be oral or in writing.
2. Rights and responsibilities notice: Employers shall provide written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. This notice shall be provided to the employee each time the eligibility notice is provided. If leave has already begun, the notice should be mailed to the employee’s address of record. Such specific notice must include, as appropriate:
a. That the leave may be designated and counted against the employee’s annual FMLA leave entitlement if qualifying.
b. Any requirements for the employee to furnish certification of a serious health condition, serious injury or illness, or qualifying exigency arising out of covered active duty or a call to covered active duty status, and the consequences of failing to do so;
c. The employee’s right to substitute paid leave, whether the employer will require the substitution of paid leave, the conditions related to any substitution, and the employee’s entitlement to take unpaid FMLA leave if the employee does not meet the conditions for paid leave
d. Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments and the possible consequences of failure to make such payments on a timely basis (i.e., the circumstances under which coverage may lapse);
e. The employee’s status as a ‘‘key employee’’ and the potential consequence that restoration may be denied following FMLA leave, explaining the conditions required for such denial (see § 825.218);
f. The employee’s rights to maintenance of benefits during the FMLA leave and restoration to the same or an equivalent job upon return from FMLA leave
g. The employee’s potential liability for payment of health insurance premiums paid by the employer during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
3. Designation notice: The employer is responsible in all circumstances for designating leave as FMLA-qualifying and for giving notice of the designation to the employee. When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be
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designated and will be counted as FMLA leave within five business days absent extenuating circumstances.
a. If the employer determines that the leave will not be designated as FMLA-qualifying (e.g., if the leave is not for a reason covered by FMLA or the FMLA leave entitlement has been exhausted), the employer must notify the employee of that determination.
b. If the employer requires paid leave to be substituted for unpaid FMLA leave, or that paid leave taken under an existing leave plan be counted as FMLA leave, the employer must inform the employee of this designation at the time of designating the FMLA leave.
c. If the employer has sufficient information to designate the leave as FMLA leave immediately after receiving notice of the employee’s need for leave, the employer may provide the employee with the designation notice at that time.
d. If the employer will require the employee to present a fitness-for-duty certification to be restored to employment, the employer must provide notice of such requirement with the designation notice. If the employer will require that the fitness-for-duty certification address the employee’s ability to perform the essential functions of the employee’s position, the employer must so indicate in the designation notice, and must include a list of the essential functions of the employee’s position.
e. The designation notice must be in writing.
f. The employer must notify the employee of the amount of leave counted against the employee’s FMLA leave entitlement. If the amount of leave needed is known at the time the employer designates the leave as FMLA qualifying, the employer must notify the employee of the number of hours, days, or weeks that will be counted against the employee’s FMLA leave entitlement in the designation notice. If it is not possible to provide the hours, days, or weeks that will be counted against the employee’s FMLA leave entitlement (such as in the case of unforeseeable intermittent leave), then the employer must provide notice of the amount of leave counted against the employee’s FMLA leave entitlement upon the request by the employee, but no more often than once in a 30-day period and only if leave was taken in that period.
FMLA Leave for Spouses
A husband and wife who are both eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken (29 C.F.R. 825.120):
i. For birth of the employee's son or daughter or to care for the child after birth;
ii. For placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or
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iii. To care for the employee's parent with a serious health condition.
A husband and wife who are both eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 26 workweeks during any single 12-month period if the leave is taken:
1. To care for a covered service member; or
2. As a combination of leave to care for a covered service member and leave for the birth, foster placement, or adoption of a child; or to care for the child after birth, adoption, or foster placement; or to care for a parent with a serious health condition. However, if the leave taken by the husband and wife includes leave for the birth, foster placement, or adoption of a child; or to care for the child after birth, adoption, or foster placement; or to care for a parent with a serious health condition, the leave for that reason shall be limited to 12 workweeks per year.
Medical Certification
Except in the case of leave for care of covered servicemember, the Superintendent or designee may challenge the adequacy of a medical certification and require the employee to obtain a second opinion from a second health care provider, paid for by the District. If a second medical opinion conflicts with the first, the Superintendent may require a third opinion, paid for by the District. The third health care provider must be designated or approved jointly by the District and the employee. The third opinion is final and binding.
Intermittent or Reduced-Leave Requests
1. If the leave is taken to care for a sick family member, to care for a covered service member, or for the employee's own serious health condition, leave may be taken intermittently or on a reduced schedule when medically necessary. Leave due to a qualifying exigency may be taken intermittently or on a reduced schedule basis.
2. Non-instructional employees, may be required to transfer temporarily to an available alternative position for which the employee is qualified and which better accommodates recurring periods of intermittent or reduced-schedule leave. The alternative position must be equivalent in pay and benefits; benefits will not be eliminated even when they are not available to part-time employees.
3. If an instructional employee requests intermittent leave or leave on a reduced-leave schedule to care for a family member, to care for a covered service member, or for the employee's own serious health condition, which is foreseeable based on planned medical treatment, and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, the Superintendent may require the instructional employee to choose either to:
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a. Take leave for a period(s) of a particular duration, not greater than the duration of the planned treatment. OR
b. Transfer temporarily to an available alternative position for which the employee is qualified, which has the equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position. (29 C.F.R. 825.601)
Health Insurance Premiums
Any share of health plan premiums which had been paid by the employee before taking the leave, must continue to be paid by the employee during the FMLA leave (29 C.F.R. 825.210). Districts must provide advance written notice of the terms and conditions under which premium payments must be made.
A district’s obligation to maintain health insurance coverage ceases if an employee's premium payment is more than 30 days late (29 C.F.R. 825.212). In order to drop the coverage for an employee whose premium payment is late, the employer must provide written notice to the employee that the payment has not been received. Such notice must be mailed to the employee at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15 days after the date of the letter unless the payment has been received by that date.
All other obligations under the FMLA continue. If coverage lapses because an employee has not made required premium payments, the employer must still restore the employee to coverage and benefits when the employee returns from leave. Districts may recover: (1) the employee's share of any premium payments paid by the employer after the employee misses a payment, and (2) its share of premiums during an unpaid FMLA leave if the employee fails to return to work after the employee leave entitlement is exhausted or expires, with a few exceptions (29 C.F.R. 825.213). The district’s attorney must be consulted for the appropriate premium recovery method.
Return to Duty
An instructional staff member may be required to wait to return to work until the next term if:
1. The employee's leave begins more than five weeks before the end of a term, the leave will last at least three weeks, and the employee would return during the three-week period before the end of the term.
2. The employee's leave, for a purpose other than the employee's own serious health condition or qualifying exigency, begins during the five-week period before the end of a term; the leave will last more than two weeks; and the employee would return during the two-week period before the end of the term.
OR
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3. The employee's leave, for a purpose other than the employee's own serious health condition or qualifying exigency, begins during the three-week period before the end of a term and the leave will last more than five working days.