3000 SERIES - STUDENTS

TABLE OF CONTENTS

3110 - 3110R Entrance, Placement and Transfer	3310 Student Discipline
3120 Compulsory Attendance	3312 Detention
3122 - 3122R Attendance Policy	3340 Extra- and Co-Curricular Chemical Use Policy
3125 Education of Homeless Children
3130 Students of Legal Age	3345 Gambling
3141 Discretionary Nonresident Student Attendance Policy	3410 Student Health
3145 - 3145R Foreign Exchange Students	3413 Student Immunization
3150 Part-time Attendance	3416 Administering Medicines to Students
3200 Student Rights and Responsibilities	3417 Communicable Diseases
3202 - 3202R Accommodating Individuals with Disabilities	3431 Emergency Treatment
3210 Equal Education, Nondiscrimination and Sex Equity	3440 Removal of Student During School Hours
3215 Uniform Grievance Procedure	3520 Student Fees, Fines and Charges
3221 Student Publications	3530 Student Fund Raising Activities
3222 - 3222R Distribution and Posting of Materials	3535 Distribution of Fund Drive Literature Through Students
3223 Student use of Cell Phones 3224 Student Dress	3600 - 3600R Student Records
3225 Sexual Harassment/Intimidation of Students	3600F Student Records; Notification to Parents and Students of Rights Concerning a Student's School Records
3226 Hazing/Harassment/ Intimidation/Bullying/Menacing	3606 Transfer of Student Records
3231 Searches and Seizure	3608 Receipt of Confidential Records
3233 Student Use of Buildings: Equal Access	3611 Gangs and Gang Activity
3235 Video Surveillance	3612 District-Provided Access to Electronic Information, Services, and Networks
3300 - 3300R Corrective Actions and Punishments

3110 STUDENT - ENTRANCE PLACEMENT AND TRANSFER
Entrance, Placement and Transfer
Entrance, Date and Age
No pupil may be enrolled in kindergarten whose fifth birthday does not occur on or before September 10 of the school year in which the child registered to enter school. No pupil may be enrolled in first grade whose sixth birthday does not occur on or before September 10 of the school year in which the child registered to enter school. Children transferring into the District and who have been regularly enrolled in a kindergarten and/or first grade which are a part of an accredited school system may be permitted to enroll by special permission of the Superintendent. Evidence of previous enrollment is the responsibility of the parent or guardian. Proof of birth date and an immunization record are required for admission to the District.
School Entrance

1. The District requires that a child's parents, legal guardian, or legal custodian present to the school, within forty (40) days of enrollment, proof of identity of the child (birth certification or certified transcript), as well as proof of residence (form of ID showing address, tax records for property) in the District. Students who are not residents of the District may apply for admission pursuant to Policy 3141. Homeless students shall be admitted pursuant to state and federal law, and Policy 3125.

2. In accordance with the Montana Immunization Law, a student will not be admitted who has not been immunized against diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (except that pertussis vaccination is not required for person seven [7] years or older). If the student qualifies for conditional attendance or an exemption is filed as defined by Montana law, immunization may not be required.

Placement
The goal of the District shall be to place students at levels and in settings that will enhance the probability of student success. Developmental testing, together with other relevant criteria, including, but not limited to, health, maturity, emotional stability, and developmental disabilities, may be considered in the placement of all students. Final disposition of all placement decisions rests with the principal, subject to review by the Superintendent.
Transfer
District policies regulating pupil enrollment from other accredited elementary and secondary schools are designed to protect the educational welfare of the child and of other children enrolled in the District.
Elementary Grades (K-8): Any student transferring into the District will be admitted and placed on a probationary basis for a period of two (2) weeks.
Should any doubt exist with teacher and/or principal as to grade and level placement of the student, the student shall be subject to an educational assessment to determine appropriate grade and level placement.
During the two-(2)-week probationary period, the student will be subject to observation by the teacher and building principal.

Secondary Grades (9-12), Credit Transfer: Requests for transfer of credits from any secondary school shall be subject to a satisfactory examination of the following:

1.         Appropriate certificates of accreditation.
            2.         Length of course, school day and school year.
            3.         Content of applicable courses.
            4.         The school facility as it relates to credit earned (i.e., lab areas for appropriate science or vocational instruction).
            5.         An appropriate evaluation of student performance leading toward credit issuance.
            6.         Final approval of transfer credits will be determined by the high school principal, subject to review upon approval by the Superintendent and Board of Trustees.

Montana Accreditation Rules and Standard, in accordance with local alternate procedures for earning credit, shall be applied to all credit transfer review.

Legal Reference:
§ 20-5-101, MCA Admittance of child to school
§ 20-5-403, MCA Immunization requirement- release and acceptance of immunization records
§ 20-5-404, MCA Conditional attendance
§ 20-5-405, MCA Medical or religious exemption
§ 20-5-406, MCA Immunization record
§ 44-2-511. MCA School enrollment procedure
10.55.601 et seq., ARM
Cross Reference:                      Policy 3141 & Policy 3125
Policy History
Adopted on: July 1, 2000
Revised on:   June 26, 2006

3110R STUDENTS - ENTRANCE PLACEMENT AND TRANSFER
The Board in the interest of efficient, responsive management delegates to the Superintendent the transfer of students from one school to another. Some of the factors that may necessitate student transfers may be the balancing of class loads district wide, optimizing or adjusting building capacities, meeting state standards, promoting or responding to educational concerns, budgetary constraints and/or operational effectiveness.

Attendance Areas and In District Transfers

Boundaries establishing or changing elementary, middle, or senior high attendance areas must be approved by the Board of Trustees. Transfers within the District are made according to the following guidelines.

1. All students shall attend the school in their designated attendance areas according to the residential address of their parent(s) or legal guardian as of the first day of school.

2. Any exceptions must be approved by the Superintendent after the proper transfer forms have been completed.

3. Families changing residence during the school year shall have the option of having their children continue in the school they are currently attending or transferring to the school in the area of their new residence. Parents should understand that if they choose to leave their children in the original school they must furnish transportation.

District Involuntary Transfers
The following criteria will be considered as factors by the Superintendent recommending a District (involuntary) transfer:

1)   Permissive transfers may be rescinded.
            2)   Student(s) already being transported may be transferred.
3)   Students able to walk (proximity to another school) may be transferred.
4)   Students who could be bused with a minor change (to bus routes already traveling through a school boundary) may be transferred.
5)   Other factors as unique to the situation may result in a transfer.

Once District transfer has been assigned, every attempt will be made to have students remain at that particular school for the duration of that level of educational experience, i.e., elementary, middle, or high school.

Permissive Transfers

The following criteria will be considered in determining a permissive transfer:

1.   The permissive transfer must originate from the transferring school (area where student’s parents or legal guardian reside). Forms are available at each school building.
2.   Formal written approval must be given by each building principal, with final approval given by the Superintendent.
3.   Permissive transfers will only be considered if classroom space is available at the requested school.
4.   Transportation must be provided by the parent(s) for the student(s) attending a different school on a permissive transfer, and the student(s) will not be eligible to ride the school bus.
5.   Permissive transfers will be judged on the educational value for the students; however, community needs such as child care will be considered.
6.   Each request for and approval of a permissive transfer is valid for the time a student attends that school. It does not have to be renewed yearly. However, students must reapply as they move from elementary to middle school and from middle school to high school.
7.   A permissive transfer may be revoked by the principalat any time because of attendance problems or disciplinary issues.

No transfers will be made to accommodate extra or co-curricular activities.

Legal Reference:

20-5-101, MCA     Admittance of child to school
20-5-403, MCA     Immunization requirement – release and acceptance of immunization records
20-5-404, MCA      Conditional attendance
20-5-405, MCA       Medical or religious exemption
20-5-406, MCA       Immunization record
10.55.6-1, et seq., ARM

Policy History:
Adopted on: July 1, 2000
Revised on: March 8, 2004

3120 STUDENTS - COMPULSORY ATTENDANCE
Compulsory Attendance
Parents are responsible for seeing that each of their children who have attained the age of seven (7) or more years prior to the first day of school in each year attend school, until the later of the following dates:

The child’s sixteenth (16th) birthday;
The date of completion of the work of the eighth (8th) grade.

Parents shall enroll the student unless the student is:

Provided with supervised correspondence or home study;
Excused because of a determination by a district judge that attendance is not in the best interests of the child;
3. Enrolled in a non-public or home school.

4. Enrolled in a school of another district or state under the tuition provisions of this title

Excused by the Board upon a determination that such attendance by a child who has attained the age of sixteen (16) is not in the best interest of the child and the school.

Legal Reference:
§ 20-5-101, MCA       Attendance of child to school
§ 20-5-103, MCA       Compulsory enrollment and excuses
§ 20-5-108, MCA       Tribal agreement with district for Indian child attendance
§ 20-5-104, MCA       Attendance office

Policy History:
Adopted on: July 1, 2000
Revised on:

3122 STUDENTS - ATTENDANCE POLICY
Attendance Policy

Attendance Policy

The Board believes and research supports that students who attend school regularly are more successful than those who do not. Students are responsible for attending class. The learning experiences that take place in the classroom environment are an essential part of the educational process. Absences and tardiness tend to disrupt the continuity of the instructional program and the time lost from class is irretrievable, particularly in terms of opportunity for interaction and exchange of ideas between students and teachers. Missing class hinders a student’s ability to master the subject matter, and this may be reflected in the grade. Grades earned in any course shall reflect the student’s fulfillment of academic requirements, achievement, and daily participation. The administration does not condone absences that detract from our academics. The Board’s attendance policy is designed to prepare students to become self-reliant and responsible citizens. The Board recognizes the diverse needs of students. Consequently, administrative practices allow for flexible paths to graduation, which may include alternative attendance plans.

Policy History:
Adopted on: July 1, 2000
Revised on: August 23, 2010

3122R STUDENTS - ATTENDANCE POLICY
Attendance Notification

It is the student’s responsibility to come to school on time and prepared each day. Daily notification to the school from either a parent or legal guardian is necessary when a student is absent or late. Any absence must be verified within 48 hours of the absence or the absence will be recorded as unverified. All absences will be recorded on the report card.

Activities or Preplanned Absences

Participation in school activities is an important factor in a student’s success in school. It is the parents’/guardians’ and student’s responsibility to notify the school prior to being absent. Absences for the participants in school-sponsored activities are excused, but students are responsible for the work missed.

In order to participate in an extracurricular activity, including practice, students must be in school during the afternoon of the date of the event or in the afternoon on the last school day prior to the activity, if the activity falls on a non-school day. Exceptions may be made by the administration.

Excused Absences
A student is excused when the absence is due to:

Illness
Bereavement
Medical or legal appointment which cannot be scheduled outside of the school day
Necessary absences approved by the parent or guardian
Participation in school activities

Schoolwork missed during an excused absence will be made up at full credit. Students will make individual arrangements with the teachers for work completion. (Teachers will grant a minimum of 2 days for each day of absence for work completion.)
Unexcused Absences
Unexcused absences are absences that have not been verified by a parent/ guardian or the school administration. Staff will not be expected to recreate the educational experience for students who have unverified absences

Truancy

A truancy is an absence from school not verified as valid by the parent and/or building administrator. Truants will be reported to legal authorities as prescribed by law.

§ 20-5-106, MCA Truancy

Alternative Attendance Plans
Alternative attendance plans may be created when absences and/or truancies negatively impact student achievement.

Policy History:
Adopted on: July 1, 2000
Revised on: August 23, 2010

3125 STUDENTS - EDUCATION OF HOMELESS CHILDREN

Every child of a homeless individual and every homeless child are entitled to equal access to the same free, appropriate public education as provided to other students. The District must assign and admit a child who is homeless to a District school regardless of residence and irrespective of whether the homeless child is able to produce records normally required for enrollment. The District may not require an out-of-District attendance agreement and tuition for a homeless child.

The Superintendent will review and revise as necessary rules or procedures that may be barriers to enrollment of homeless children and youths. In reviewing and revising such procedures, the Superintendent will consider issues of transportation, immunization, residence, birth certificates, school records, and other documentation.

Homeless students will have access to services comparable those offered to other students, including but not limited to:

1. Transportation services;
2. Educational services for which a student meets eligibility criteria (e.g., Title I);
3. Educational programs for children with disabilities and limited English proficiency;
4. Programs in vocational and technical education;
5. Programs for gifted and talented students; and
6. School nutrition program.

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless children and youths not currently attending school. The Superintendent will appoint a liaison for homeless children.

A “homeless individual” is defined as provided in the McKinney Homeless Assistance Act.

Anyone having a concern or complaint regarding placement or education of a homeless child will first present it orally and informally to the District homeless liaison. Thereafter, a written complaint must be filed in accordance with the District Uniform Complaint Procedure.

Cross Reference: 1700 Uniform Complaint Procedure

Legal Reference: 42 U.S.C.
§ 11431, et seq. McKinney Homeless Assistance Act
§ 20-5-101, MCA Admittance of child to school

Policy History:

Adopted on: August 24, 2009

Reviewed on:

Revised on:

3130 STUDENTS - STUDENTS OF LEGAL AGE
Students of Legal Age
Every student eighteen (18) years of age or older will be deemed to be an adult and will have legal capacity to act as such. Such students, like all other students, will comply with the rules established by the District, pursue the prescribed course of study, and submit to the authority of teachers and other staff members as required by policy and state law. The following pertains to adult students:

Admission to School: The residence of an adult student who is not residing with a parent or guardian will be considered the residence for school purposes.

Field Trips/Athletic Programs: Approved forms for participation will be required of all adult students. The form should indicate that the signature is that of the parent or the adult student. Sponsors or coaches will be required to confirm the ages of those students signing their own forms.

Absence-Lateness-Truancy: Absence notes, normally signed by parents or guardians, may be signed by adult students. Excessive absences will result in consequences according to policy procedures 3122P and will be reported on the report card.

Suspension/Expulsion: All suspension and/or expulsion proceedings of adult students will conform to the requirements of state statutes. Notification of all such proceedings will be sent to parents or guardians. Adult students, however, are permitted to represent themselves if they so choose.

Withdrawal from School: Adult students may withdraw from school under their own cognizance. Counselors will guide and counsel potential dropouts and encourage their continued attendance. Parents will be notified of impending dropouts by the school.

Permission to Inspect Student Records: Adult students may request permission to inspect their school records if they are eligible students according to FERPA.

Report Cards: Progress reports for adult students will be sent to the parent or legal guardian.

Excuses from School: The school will verify requests from adult students who wish to leave school early for reasons such as job interviews, college visits, driver testing, etc., with the organization being visited. Permission to leave school early may be denied for what is considered a non-valid reason.

Financial Responsibility: Adult Students can be held financially responsible for damage to school property.

Policy History:
Adopted on: July 1, 2000
Revised on:

3141 STUDENTS - DISCRETIONARY NONRESIDENT STUDENT ATTENDANCE POLICY
Discretionary Nonresident Student Attendance Policy
The Board, recognizing that an educational requirement of its resident students includes the need for an orderly educational process and environment, free from disruption, overcrowding, and any kind of violence or disruptive influences, hereby establishes criteria on the admission of nonresident students:

1. Unless the provisions of §20-5-321 MCA, apply, admission to the District as a nonresident student is a privilege. As such, the District will screen all nonresident students and only consider those who meet the criteria set forth in this policy.

2. The Superintendent is hereby given the authority to recommend to the Board any student’s admission in accordance with this policy. The Board shall make the final decision on admission.

3. Students residing outside the District may apply to attend school within the District provided they:

be in good standing with the most recently attended school in terms of academics, conduct, and attendance;
be able to demonstrate a record free of truancy;
be able to demonstrate a behavior record acceptable to the Superintendent;
have passing grades in the school previously attended;
have correctly completed the nonresident student application process; and
present no other educationally related detriment to the students of the District.

4. The Board will not admit any student who is expelled from another school district.

5. The District will not admit any student prior to viewing that student’s records from the student’s previous school districts.

6. The District has the option of accepting a nonresident student who does not meet the criteria set forth herein, if the student agrees to special conditions of admission, as set forth by the District.

7. Every student who has been admitted to the District as a nonresident student must re-apply for admission by July 15. Admission in one school year does not imply or guarantee admission in subsequent years.

8. The District will not admit nonresident students, when to do so would require the hiring of additional staff, the provision of educational services not currently provided in the
school, or the crowding of existing classes.

9. All resident students who become nonresidents due to a move from the District by their parents/guardians may continue attendance for the semester, barring registration in another District. At the completion of the semester, the student must apply as a non-resident student.

10. The Board reserves the right to charge tuition for nonresident students, per statute.

11.       All nonresident students will be considered ineligible transportees for school transportation services (20-10-101, MCA).

12.       The Board may declare an emergency which, in its opinion, necessitates the removal of all nonresident students from the schools.

Legal Reference:§ 20-5-314, MCA    Reciprocal attendance agreement with adjoining state or province
                        § 20-5-320, MCA       Attendance with discretionary approval
                        § 20-5-321, MCA       Attendance with mandatory approval - tuition and transportation
                        § 20-5-322, MCA       Residency determination - notification - appeal for attendance agreement
                        § 20-5-323, MCA       Tuition and Transportation rates
                        10.10.301, ARM         Out-of-district attendance agreements
                        1-1-215, MCA                        Residence

                        Cross Reference:         Policy 3145 & 3145R Foreign Exchange Students

Policy History:
Adopted on: July 1, 2000
Revised on:   June 26, 2006

3145 STUDENTS - FOREIGN EXCHANGE STUDENTS
Foreign Exchange Students
It is the policy of the Board to recognize the benefits from non-immigrant students in the District. The Board does not, however, sponsor student foreign exchange programs. The District does not provide any financial contribution to the student. The Board assumes no responsibility or control over items such as travel, living accommodations, funding, insurance, etc., which remain the responsibility of the sponsor and/or student.

J-1 visa holders (students sponsored by an approved foreign exchange organization) are eligible to attend either elementary or secondary school. Any sponsoring organization must have a local representative, be a nonprofit organization, and be approved by the Council on Standards for International Education Travel. F-1 visa holders (individual foreign students sponsored by relatives or friends) may attend the High School District if they pay tuition before enrolling and the building administrator sign the visa.

Legal Reference:
20 U.S.C. 221, et seq.

Policy History:
Adopted on: July 1, 2000
Revised on: September 10, 2001

3145R STUDENTS - FOREIGN EXCHANGE STUDENTS
Foreign Exchange Students

Number of Students

1. Foreign students sponsored through approved exchange programs may be allowed to attend Great Falls Public Schools’ high schools in accordance with the level of participation of Great Falls Public Schools students, and in no case may the enrollment of foreign students exceed one-half of one percent (.5%) of each current high school enrollment in that given year.

2. These students may be enrolled on a waiver of tuition basis if they are J-1 Visa holders.

3. Extensions of enrollment beyond the student’s first school year may be approved only upon payment of tuition.

Acceptance of Students:

1. Applications must be submitted to the appropriate high school principal by June 10 of the year in which the student is to be accepted.

2. Upon considering all applications, Great Falls Public Schools will select students to be accepted and will notify requesting organizations of the selected students by June 20.

3. Any tuition payments or waivers of tuition must be signed and agreed upon by June 30.

4. Foreign exchange students must be eighteen (18) year of age or younger at the time of enrollment.

Local Representation:

1. All organizations requesting placement of foreign exchange students must have local representation in the Great Falls community.

2. The local representative must work closely and regularly with the students, host families, and the school.

3. Host families must be arranged prior to application with the school district.

4. Foreign exchange students must reside with a legal resident of the district. Limited exceptions may be granted at the discretion of the board.

Reciprocal Program:

1. All organizations shall offer a reciprocal program for American students wishing to study abroad.

2. A copy of reciprocal placement of students for the Great Falls area, over the past five (5) years, will be presented to the Superintendent of Schools or his designee.

English Language:

1. Foreign exchange student must have sufficient knowledge of the English language to enable effective communication and to use instructional materials and textbooks printed in English.

An English proficiency test of the District’s own choosing may be administered and will supersede all other tests.

2. If an organization places a student who, upon arrival, is deemed by the District to be deficient in English language proficiency, the organization will do one of the following:

Terminate the student’s placement.
Provide, and pay for, tutorial help until the student reaches proficiency, as determined by the District.

Academic Standards and Graduation:

Foreign exchange students will be expected to meet all appropriate standards required of any student enrolled in the District.
Foreign exchange students will be considered Juniors by classification and will not graduate from or receive a diploma from the high school, but they may receive a certificate of attendance.
Foreign exchange students will be recognized during the graduation ceremony.

Student opportunities/Responsibilities

1. Foreign exchange students will be expected to enroll in the following academic classes:

One (1) credit of English 5-6
One (1) credit of United States History class;
One-half (.5) credit of government
Maintain enrollment in a minimum of six (6) academic classes and seven (7) periods of accountability.

2. Foreign exchange students are eligible to participate in the high school activities program. Guidelines for participation are set by District policy and by the Montana High School Association, as follows:

RECOGNITION. The student must be a participant of an “official Foreign Exchange Program” as defined in the publication from the National Association of Secondary School Principals, entitled, “Advisory List of International Educational travel and Exchange Programs”.

GRADUATION. The student cannot have graduated or received a diploma in his/her own country.

3. Foreign exchange students are expected to pay all yearbook fees, lab fees, prom tickets, yearbook costs, athletic fees, lunch prices, and all other school incurred expenses that are expected of other students enrolled in the high school.

4. Foreign exchange students must maintain passing grades in all classes, follow rules and regulations of District student policies, and show satisfactory discipline and attendance. Failure to comply with these expectations shall result in dismissal of the student from the District’s foreign exchange program.

Policy History

Adopted on: September 10, 2001
Revised on: April 24, 2006

3150 STUDENTS - PART-TIME ATTENDANCE
Part-Time Attendance
Students requesting part-time enrollment will be reviewed on a case-by-case basis. A committee consisting of a Principal, Counselor, Parent and Teacher shall review the application and make a recommendation. The final decision lies with the principal, subject to review by the Superintendent upon request.

Legal Reference:
§ 20-9-311(a), MCA Calculation of average number belonging (ANB)

Policy History:
Adopted on: July 1, 2000
Revised on:

3200 STUDENTS - STUDENT RIGHTS AND RESPONSIBILITIES
Student Rights and Responsibilities
All students are entitled to enjoy the rights protected by the Federal and State Constitutions and laws for persons of their age and maturity in a school setting. Students should exercise these rights reasonably and avoid violating the rights of others. Students who violate the rights of others or violate district policies or rules will be subject to disciplinary measures.

Cross Reference:
3231    Searches and Seizure
3310    Student Discipline
Legal Reference:
§ 20-4-302, MCA       Discipline and punishment of pupils
§ 20-5-201, MCA       Duties and sanctions Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)

Policy History:
Adopted on: July 1, 2000
Revised on:

3202 STUDENTS - ACCOMMODATING INDIVIDUALS WITH DISABILITIES
Accommodating Individuals With Disabilities
As required by law, individuals with disabilities shall be provided a reasonable opportunity to participate in all school-sponsored services, programs, or activities on an equal basis to those without disabilities and will not be subject to illegal discrimination. The District will provide auxiliary aids and services where necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity.

Each service, program, or activity operated in existing facilities shall be readily accessible to, and useable by, individuals with disabilities. New construction and alterations to facilities existing before January 26, 1992, will comply with the requirements of the Americans With Disabilities act.

The Superintendent shall designate an Americans With Disabilities Act, Title II Nondiscrimination Coordinator for the District, who is directed to:

Oversee the District's compliance efforts, recommend necessary modifications to the Board, and maintain the District's final Title II self-evaluation document and keep it available for public inspection.
Institute plans to make information regarding Title II's protection available to any interested party.

Individuals with disabilities should notify the District Title II Nondiscrimination Coordinator or building principal if they have a disability which will require special assistance or services and, if so, what assistance or services are required. This notification should occur as far as possible before the school-sponsored function, program, or meeting.

Individuals with disabilities may allege a violation of this policy or federal law by reporting it to the District Title II Nondiscrimination Coordinator, or by filing a grievance under the Uniform Grievance Procedure.

Cross Reference:
3215 Uniform Grievance Procedure
Legal Reference:
Americans with Disabilities act, 42 U.S.C.§§ 12111, et seq., and 12131, et seq,; 28 C.F.R. Part 35

Policy History:
Adopted on: September 9, 2002
Revised on:

3202R STUDENTS - ACCOMMODATING INDIVIDUALS WITH DISABILITIES
Accommodating Individuals With Disabilities
The District Title II Nondiscrimination Coordinator will regularly convene the District Americans' with Disabilities Act Committee made up of District staff and one or more community representatives. This committee will annually review and revise the ADA compliance Activities Plan for each school site identifying both short and long term priority activities and establishing timelines for the next fiscal budget year.

As individual students with identified physical disabilities transition into new school site environments, specific action will be taken to identify and reasonably accommodate their access needs. The Building Title II Nondiscrimination Coordinator for the school where the student will be enrolled, in conjunction with other qualified District staff, will:

complete a "building access assessment" to identify specific access barriers;
determine what reasonable accommodations are recommended;
initiate appropriate procedures to implement reasonable accommodations in a timely manner.

Review of the implementation and success of the designated accommodations will be the responsibility of the Building Nondiscrimination Coordinator. These monitoring activities will include meeting with the student an/or parent as appropriate, will be initiated by the Nondiscrimination Coordinator, and will be scheduled on a regular basis.

Policy History:
Adopted on: September 9, 2002
Revised on:

3210 STUDENTS - EQUAL EDUCATION, NONDISCRIMINATION AND SEX EQUITY
Equal Education, Nondiscrimination and Sex Equity
Equal educational opportunities shall be available for all students without regard to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious beliefs, physical and mental handicap or disability, economic or social conditions, or actual or potential marital or parental status. Any student may file a discrimination grievance using the procedure that follows this policy.

No student shall, on the basis of sex, be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, advantage, or denied equal access to educational and extracurricular programs and activities.

Inquiries regarding discrimination or intimidation should be directed to the District’s Nondiscrimination Coordinator. An individual with a complaint alleging a violation of this policy shall follow the Uniform Grievance Procedure.

In compliance with federal regulations, the District will notify annually all students, parents, staff, and community members of this policy and the designated coordinator to receive inquiries. Notification should include the name and location of the coordinator and will be carried in all handbooks.

This District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence because of disability against students, staff or volunteers with disabilities. The District considers this behavior to constitute discrimination on the basis of disability in violation of state and federal law.

Legal Reference:
Art. X, Sec. 7                           Montana Constitution - Non-discrimination in education
§ 49-2-307, MCA                   Discrimination in education
24.9.1001, et seq., ARM         Sex discrimination in education

Policy History:
Adopted on: July 1, 2000
Revised on: September 9, 2002

3215 STUDENTS - UNIFORM GRIEVANCE PROCEDURE
Uniform Grievance Procedure
All individuals should use this grievance procedure if they believe that the Board, its employees or agents have violated their rights guaranteed by the State or federal constitution, State or federal statute, or Board policy.

The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.

Level 1: Informal
An individual with a complaint is encouraged to first discuss it with the teacher, counselor, or building administrator involved, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be discussed with the first line administrator who is not involved in the alleged harassment.

Level 2: Principal
If the complaint is not resolved at Level 1, the grievant may file a written grievance stating: 1) the nature of the grievance and 2) the remedy requested. It must be signed and dated by the grievant. The Level 2 written grievance must be filed with the principal within thirty (30) days of the event or incident, or from the date the grievant could reasonably become aware of such occurrence.

If the complaint alleges a violation of Board policy or procedure, the principal shall investigate and attempt to resolve the complaint. If either party is not satisfied with the principal’s decision, the grievance may be advanced to Level 3 by requesting in writing that the Superintendent review the principal’s decision. This request must be submitted to the Superintendent within fifteen (15) days of the principal’s decision.

If the complaint alleges a violation of Title IX, Title II, Section 504 of the Rehabilitation Act, or sexual harassment, the principal shall turn the complaint over to the Nondiscrimination Coordinator who shall investigate the complaint. The District has appointed Nondiscrimination Coordinators to assist in the handling of discrimination complaints. The Coordinator will complete the investigation and file the report with the Superintendent within thirty (30) days after receipt of the written grievance. The Coordinator may hire an outside investigator if necessary. If the Superintendent agrees with the recommendation of the Coordinator, the recommendation will be implemented. If the Superintendent rejects the recommendation of the Coordinator, and/or either party is not satisfied with the recommendations from Level 2, either party may make a written appeal within fifteen (15) days of receiving the report of the Coordinator to the Board for a hearing.

Level 3: Superintendent
Upon receipt of the request for review, the Superintendent shall schedule a meeting between the parties and the principal. The parties shall be afforded the opportunity to either dispute or concur with the principal’s report. The Superintendent shall decide the matter within ten (10) days of the meeting and shall notify the parties in writing of the decision. If the Superintendent agrees with the recommendation of the principal, the recommendation will be implemented. If the Superintendent rejects the recommendation of the principal, the matter may either be referred to an outside investigator for further review or resolved by the Superintendent.

If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) days of receiving the Superintendent’s decision. The Board is the policy-making body of the school, however, and appeals to that level must be based solely on whether or not policy has been followed. Any individual appealing a decision of the Superintendent to the Board bears the burden of proving a failure to follow Board policy.

Level 4: The Board
Upon receipt of a written appeal of the decision of the Superintendent, and assuming the appeal alleges a failure to follow Board policy, the matter shall be placed on the agenda of the Board for consideration not later than their next regularly scheduled meeting. A decision shall be made and reported in writing to all parties within thirty (30) days of that meeting. The decision of the Board will be final, unless appealed within the period provided by law.

Level 5: County Superintendent
If the case falls within the jurisdiction of the County Superintendent of Schools, the decision of the Board may be appealed to the County Superintendent by filing a written appeal within thirty (30) days after the final decision of the Board, pursuant to the Rules of School Controversy. The Rules of School Controversy are available in the District Business Office.

Procedure History:
Adopted on: July 1, 2000
Revised on:

3221 STUDENTS - STUDENT PUBLICATIONS
Student Publications
Student publications produced as part of the school’s curriculum or with the support of student body funds are intended to serve both as vehicles for instruction and student communications. They are operated and substantively financed by the student body and the District.

Material appearing in such publications should reflect all areas of student interest, including topics about which there may be controversy and dissent. Controversial issues may be presented provided they are treated in depth and represent a variety of viewpoints. Such materials may not be libelous, obscene or profane nor may they cause a substantial disruption of the school, invade the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the violation of the law. They may not advertise tobacco, liquor, illicit drugs or drug paraphernalia.

Policy History:
Adopted on: July 1, 2000
Revised on:

3222 STUDENTS - DISTRIBUTION AND POSTING OF MATERIALS
Distribution and Posting of Materials
The distribution of materials from outside the school system uses a considerable amount of valuable educational time. This time is taken away from students, teachers, and the clerical staff. It is the District's policy to limit the distribution of materials to parent and student organizations sponsored by the District or other governmental agencies. Materials which provide information valued or needed by the District may also be distributed.

All organizations must have the approval of the Superintendent before materials may be distributed.

Policy History:
Adopted on: July 1, 2000
Revised on:

3222R STUDENTS - DISTRIBUTION AND POSTING OF MATERIALS
Distribution and Posting of Materials
In order to facilitate the distribution of materials with information about student activities offered in the community, each school will do the following:

Maintain a centrally located bulletin board for the posting of bulletins.

B. Maintain a suitable place where flyers and other information can be made available to students.

Include announcements for student related activities in newsletters that go home to students. The announcements must be submitted one (1) week prior to the newsletter in which the announcement is to go home, must advertise a youth-oriented activity, and must be of non-religious, non-political nature, or non-profit nature.

It is the intent to post all notices and place flyers on the distribution table except those that are viewed by the principal as likely to be disruptive, libelous or obscene.

Policy History;
Adopted on: July 1, 2000
Revised on:

3223 STUDENTS – Use of Cell Phones

Cellular Telephone and Electronic Signaling Device Policy

Student visual possession and/or use of cellular phones, pagers, and other electronic signaling devices or calling devices on school grounds during the instructional day is a privilege which shall be permitted only with the express permission of the school building administrator or designee. Permission must be granted to the student each time he or she is to use a cell phone, pager, electronic signaling device or calling device. At no time shall any student operate a cellular phone or other electronic device with video capabilities in any locker room, bathroom, or other location where such operation will violate the privacy right of another person, or, interferes with the institutional and instructional process. Unauthorized visual possession and/or use will result in confiscation of the device by school officials, including classroom teachers, and may result in disciplinary action. Confiscated devices may be returned, at the discretion of the building administrator, to the parent or guardian of the student or to the student.

Adopted on: May 24, 2004
Revises on: April 24, 2006

3224 STUDENTS - STUDENT DRESS
Student Dress
Students are reminded that their appearance significantly affects the way others respond to them. Matters of dress remain the primary responsibility of students, in consultation with their parents or legal guardians. Personal appearance of a student shall be respected provided it does not interfere with the health and safety of the student or others and does not materially disrupt the educational process. The administration shall establish procedures for the monitoring of student dress in school or while engaging in extracurricular activities. Specifics regarding this policy may be found in the individual building’s student handbook.

Policy History:
Adopted on: July 1, 2000
Revised on:

3225 STUDENTS - SEXUAL HARASSMENT/INTIMIDATION OF STUDENTS
Sexual Harassment/Intimidation of Students
Sexual harassment is a form of sex discrimination and is prohibited by the District. An employee, District agent, or student engages in sexual harassment whenever he/she makes unwelcome advances, requests sexual favors, and engages in other verbal, non-verbal, or physical conduct of a sexual or sex-based nature, imposed on the basis of sex, that:

denies or limits the provision of educational aid, benefits, services, opportunities, or treatment, or that makes such conduct a condition of a student's academic status; or
has the purpose or effect of:

a. substantially interfering with the student's educational environment;
b. creating an intimidating, hostile, or offensive educational environment;
c. depriving a student of educational aid, benefits, services, opportunity or treatment; or
d. making submission to or rejection of such unwelcome conduct the basis for academic decisions affecting a student.

The terms “intimidating”, “hostile” and “offensive” include conduct which has the effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment include, but are not limited to, unwelcome touching, crude jokes or pictures, discussions of sexual experiences, pressure for sexual activity, intimidation by words, actions or name calling, or teasing related to sexual characteristics, and spreading rumors related to a person's alleged sexual activities.

Students who believe that they may have been sexually harassed or intimidated should contact a counselor, teacher, Title IX Nondiscrimination Coordinator or other administrator who will assist them in the complaint process. Supervisors or teachers who knowingly condone, or fail to report or assist a student to take action to remediate such behavior of sexual harassment or intimidation, may themselves be subject to discipline.

Any District employee who is determined, after an investigation, to have engaged in sexual harassment of students will be subject to disciplinary action up to and including discharge.

Any student of the District who is determined, after an investigation, to have engaged in sexual harassment will be subject of disciplinary action, including, but not limited to, suspension and expulsion consistent with the discipline policy. Any person who knowingly makes a false accusation regarding sexual harassment will likewise be subject to disciplinary action up to and including discharge with regard to employees, or suspension and expulsion with regard to students.

The District will make every effort to insure that employees or students accused of sexual harassment or intimidation are given appropriate opportunity to defend themselves against such accusations.

To the greatest extent possible, complaints will be treated in a confidential manner. Limited disclosure may be necessary in order to complete a through investigation.

Retaliation against persons who file a complaint is a violation of law prohibiting discrimination, and will lead to disciplinary action against the offender.

Any individual seeking further information should contact the Superintendent for the name of the current Title IX Nondiscrimination Coordinator for the District. The Superintendent shall insure that the student and employee handbooks identify the name, address, and telephone number of the individual responsible for coordinating the Districts compliance efforts.

An individual with a complaint alleging a violation of this policy shall follow the Uniform Grievance Procedure.

Cross Reference:
3215    Uniform Grievance Procedure
Legal References:
Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.
34 CFR Part 106
Montana Constitution, Article X, § 1
Montana Human Rights Act, § 49-3-101, et seq., MCA

Policy History:
Adopted on: July 1, 2000
Revised on: November 12, 2001

3226 STUDENTS – HAZING/HARASSMENT/INTIMIDATION/BULLYING/MENACING

Hazing/Harassment/Intimidation/Bullying/Menacing

The Board will strive to provide a positive and productive learning and working environment. Hazing, harassment, intimidation, menacing, or bullying by students, staff, or third parties is strictly prohibited in the District and shall not be tolerated.
Definitions

"Third parties" include, but are not limited to, coaches, school volunteers, parents, school visitors, service contractors or others engaged in District business, such as employees of businesses or organizations participating in cooperative work programs with the District and others not directly subject to District control at inter-District and intra-District athletic competitions or other school events.

"District" includes District facilities, District premises, and non-District property if the student, employee, or third party is at any District-sponsored, District-approved, or District-related activity or function, such as concerts, award ceremonies, field trips or athletic events, where students, staff, or third parties are under the control of the District or where the employee or students are engaged in District business.

"Hazing" includes, but is not limited to, any act that recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or as a condition or precondition of attaining membership in or affiliation with any District-sponsored activity or grade-level attainment, including, but not limited to, forced consumption of any drink, alcoholic beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged exclusion from social contact, sleep deprivation, or any other forced activity that could adversely affect the mental or physical health or safety of a student; requires, encourages, authorizes, or permits another to be subject to wearing or carrying any obscene or physically burdensome article, assignment of pranks to be performed, or other such activities intended to degrade or humiliate.

"Harassment" includes, but is not limited to, any act which subjects an individual or group to unwanted, abusive behavior of a nonverbal, verbal, written, or physical nature, on the basis of age, race, religion, color, creed, national origin, sex, ancestry, disability, or marital status.

"Harassment, intimidation, or bullying" means any act that substantially interferes with a student's educational benefits, opportunities, or performance, that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop, or anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a student or staff member or an interference with school purposes or an educational function, and that has the effect of:

Physically harming a student or damaging a student's property;
Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student's property;
Creating a hostile educational environment.

6. "Intimidation" includes, but is not limited to, any threat or act intended to tamper with, substantially damage, or interfere with another's person or property, cause substantial inconvenience, subject another to offensive physical contact, or inflict serious physical injury.

7. "Menacing" includes, but is not limited to, any act intended to place a school employee, student, or third party in fear of imminent serious physical injury.

8. "Cyberbullying" includes but is not limited to the following misuses of technology:
a. Harassing, teasing, intimidating, threatening, or terrorizing another person by sending or posting inappropriate and hurtful e-mail messages, text messages, digital pictures or images, or web-site postings (including blogs).
b. All reports of harassment in cyberspace will be investigated fully.

Reporting

All complaints about behavior that may violate this policy shall be promptly investigated. Any student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she has been a victim of hazing, harassment, intimidation, bullying, or menacing in violation of this policy is encouraged to immediately report his/her concerns to the building principal or the Superintendent, who have overall responsibility for such investigations. This report may be made anonymously. A student may also report concerns to a teacher or counselor, who will be responsible for notifying the appropriate District official. Complaints against the building principal shall be filed with the Superintendent. Complaints against the Superintendent shall be filed with the Board.

The complainant and victim shall be timely notified of the fact of and the findings of the investigation and, as appropriate, that remedial action has been taken.

Responsibilities

The Superintendent shall be responsible for ensuring notice of this policy is provided to students, staff, and third parties and for the development of administrative regulations, including reporting and investigative procedures, as needed.

Consequences

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the Superintendent or the Board. Individuals may also be referred to law enforcement officials.

Retaliation and Reprisal

Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.

Cross Reference:          3310    Student Discipline
                                    4226    Community Relations
                                    5226    Personnel
                                    10.55.701 (1)(g), ARM            Board of Trustees
                                    10.55.801(1)(d), ARM            School Climate
Policy History:
Adopted on:                 May 9, 2005
Revised on:                   April 24, 2006
Revised on:                   January 22, 2007

3231 STUDENTS - SEARCHES AND SEIZURE
Searches and Seizure
To maintain order and security in the schools, school authorities are authorized to conduct reasonable searches of school property and equipment, as well as of students and their personal effects.

School Property and Equipment as well as Personal Effects Left There by Students

School authorities may inspect and search school property and equipment owned or controlled by the school (such as lockers, desks, and parking lots), as well as personal effects left there by the student, without notice or consent of the student. This applies to student vehicles parked on school property.

The Superintendent may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons or other illegal or dangerous substances or material, including searches conducted through the use of specially trained dogs.

Students

School authorities may search the student and/or the student’s personal effects in the student’s possession when there is reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating the law or the District’s student conduct rules. The search itself must be conducted in a manner which is reasonably related to its objectives and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Seizure of Property

If a search produces evidence that the student has violated or is violating either the law or the District’s policies or rules, such evidence may be seized and impounded by school authorities, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.

Policy History:
Adopted on: July 1, 2000
Revised on:

3233 STUDENTS - STUDENT USE OF BUILDINGS: EQUAL ACESS
Student Use of Buildings: Equal Access
Non-curriculum related secondary school student organizations may conduct meetings on school premises without intervention on the basis of the religious, political, philosophical or other content of the meeting.

The following criteria must be met:

1. The meeting is voluntary and student-initiated.

2. There is no sponsorship of the meeting by the school, the government, or its agents or employees.

3. The meeting must occur during non-instructional time on regular school days.

4. Employees or agents of the school or government are present only in a non-participatory capacity.

The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.

6. Non-school persons may not direct, conduct, control, or regularly attend activities.

Although the school assumes no sponsorship of these kinds of meetings, all meetings held on school premises must be scheduled and approved by the principal.

This policy pertains to student meetings. The school has the authority, through its agent or employees, to maintain order and discipline on school premises and to protect the well being of students and faculty.

Legal Reference:
20 U.S.C. 4071 Equal Access Act
Board of Education v. Mergens, 110 S.Ct. 2356 (1990)

Policy History:
Adopted on: July 1, 2000
Revised on:

3235 STUDENTS - VIDEO SURVEILLANCE
Video Surveillance
The Board authorizes the use of video cameras on District property to ensure the health, welfare, and safety of all staff, students, and visitors to District property, and to safeguard District facilities and equipment. Video cameras may be used in locations as deemed appropriate by the Superintendent.

The District shall notify staff and students through student/parent and staff handbooks that video surveillance may occur on District property.

Video surveillance records can be used to document violations of board policies, administrative regulations, building rules or law.

Video recordings may become a part of a student’s educational record or a staff member’s personnel record. The District shall comply with all applicable state and federal laws related to record maintenance and retention.

Except as provided by law, audio shall not be part of the video recordings made, reviewed, or stored by the District.

Cross-Reference: 3600 Student Records

Policy History:
Adopted on: July 1, 2000
Revised on:

3300 STUDENTS - SUSPENSION AND EXPULSION

Suspension and Expulsion

The District recognizes and honors students’ constitutional right to education opportunity. However, as provided under Montana law, the District will exercise its right to suspend or expel a student when necessary. The District expects all students to know and follow District policies and rules. The District considers a student’s failure or refusal to comply with District policies and rules cause for discipline, including short-term suspension, long-term suspension, or expulsion.

The following definitions apply for purposes of this policy:

“Suspension” means the exclusion of a student from attending individual classes or school and participating in school activities for a specified and limited period of time. An administrator may order suspension of a student.

“Expulsion” means the exclusion of a student from attending school and participating in school activities for a specified period of time. Expulsion is a disciplinary action available only to the Board.

“Discipline” constitutes all other forms of corrective action or punishment, including brief exclusions from a class for not more than the remainder of the class period and exclusion from any other type of activity conducted by or for the District. Discipline shall not adversely affect specific academic grade, subject, or graduation requirements, as long as all required work is performed.

Students with disabilities will be suspended or expelled pursuant to provisions of the Individuals with Disabilities Education Act (IDEA) and corresponding Montana law.

The Board authorizes a building administrator to order an emergency long-term suspension pending due process, if a student’s presence in school poses a danger to the student, other persons, or property or poses disruption of education. The District must afford the student appropriate due process as soon as possible following suspension of the student.

The Superintendent will develop procedures to implement this policy and submit the procedures to the Board for its advice and consent.

Legal Reference:

20 U.S.C. 1400, et seq. Individuals with Disabilities Education
Act
20-5-105, MCA            Attendance officer - powers and duties
20-5-106, MCA            Truancy
20-4-302, MCA            Power of teacher or principal over pupils
20-4-402, MCA            Duties of district superintenden
20-5-201, MCA            Duties and sanctions
20-5-202, MCA            Suspension and expulsion
10.16.3346 ARM         Aversive treatment procedures
34 CFR 300.519-521      Procedural Safeguards
Goss V. Lopez                 January, 1975
Policy History:
Adopted on: July 1, 2000
Revised on:   April 24, 2006

3300R STUDENTS - CORRECTIVE ACTIONS AND DISCIPLINE
Corrective Actions and Discipline

All students shall submit to the reasonable rules of the District. Refusal to comply with written rules and regulations established for the governing of the school shall constitute sufficient cause for discipline, suspension, or expulsion.

It is the intent of the Board to provide each student with those due process rights which are provided by law.

Out-of-School Suspension

In the event the proposed discipline of a student is to include denial of the right of school attendance from any single class or full schedule of classes for at least one (1) day, the following procedure shall be used:

Before out-of-school suspension, the student and parents will be notified. and he/she shall be provided a conference during which the charges will be explained and the student will be given the opportunity to respond to the charges.
He/she shall be provided a conference as soon as practicable during which the charges will be explained and the student will be given the opportunity to respond to the charges.
A pre-suspension conference is not required and the student can be immediately suspended out-of-school when the student’s presence poses a continuing danger to persons or property or an ongoing threat of disruption to the educational process. In such cases, the notice and conference shall follow as soon as practicable.
Any out of school suspension shall be reported immediately to the student’s parent or legal guardian. A written notice of suspension will be delivered or mailed home and it shall state the reasons for suspension, including any school rule which was violated, and a notice to the parent or guardian of the right to a review of the suspension.
Upon request of the parent or legal guardian, a review of the suspension shall be conducted by the Superintendent. At the review, the student and parent or legal guardian may appear and discuss the suspension with the Superintendent. After the meeting, the Superintendent shall take such action as appropriate. That action is final.

Make-up Work

K-8 students who are absent, as a result of an out-of-school suspension, have the right to make up the work missed.
Students in grades 9-12 at CMR and GFHS who are absent, as a result of an out-of-school suspension, have the right to make up the work missed and they will make arrangements to complete the work within a reasonable amount of time.
Skyline Alternative students who are absent, as a result of an out-of-school suspension, may continue their work upon re-enrollment.
Teachers are not expected to reconstruct lessons taught while student is on suspension.

Expulsion

A student may be expelled from school only by the Board, and only after the following due process procedures have been followed and of the students right to request a hearing of the charges. Students will not be expelled unless other forms of corrective action or punishment have failed, or unless there is good reason to believe that other forms of corrective action or punishment would fail if employed. Suspensions or expulsions shall be used only for instances of serious student misconduct.

The student and parent or legal guardian shall be provided a written notice of the recommendation for expulsion by registered or certified mail or hand delivered.

The student and parent must request, in writing, a hearing before the Board within ten (10) days of receipt of the notice of the recommendation for expulsion or the student and parent shall waive the right to a hearing before the Board.

If a hearing is requested, the Superintendent shall schedule a hearing at a regular or special meeting of the Board. It is the Board's intent to conduct the hearing in a closed session unless the parent or legal guardian requests a public hearing.

Within the limitation that the hearing must be conducted during the period of suspension, an
expulsion hearing may be rescheduled by the parent or legal guardian by submitting a request
showing good cause to the Superintendent at least two (2) school days prior to the date of the
hearing as originally scheduled. The Superintendent shall determine if the request shows good
cause.

At the hearing, the student may be represented by counsel, present witnesses and other evidence,
and cross-examine witnesses. Formal rules of evidence are not binding on the Board.

Procedures for Suspension and Expulsion of Students with Disabilities

The District shall comply with the provisions of the IDEA when disciplining students. No student who qualifies for special education services shall be expelled if the student’s particular act of disobedience or misconduct is a manifestation of the student’s disability. Any student who qualifies for special education services whose disobedience or misconduct is not a manifestation of the student’s disability may be expelled pursuant to expulsion procedures, except that the disabled student shall continue to receive education services as provided in the IDEA during such period of expulsion.

A student who qualifies for special education services may be suspended for an aggregate of ten (10) days of school per incident, regardless of whether the student’s disobedience or misconduct is a manifestation of the student’s disabling condition. Any student who qualifies for special education services who has or will exceed ten (10) days of suspension may be temporarily excluded from school by court order or by order of a hearing officer if the District demonstrates that maintaining the student in the student’s current placement is substantially likely to result in injury to the student or others. The student shall continue to receive educational services in accordance with the IDEA during such period of suspension.

A student who qualifies for special education services who has carried a weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function may be removed from the student’s current placement. Such a student shall be placed in an appropriate interim alternative educational setting for no more than forty-five (45) days in accordance with the IDEA.

Legal Reference:

20 U.S.C. 1400, et seq. Individuals with Disabilities EducationAct
20-5-105, MCA            Attendance officer - powers and duties
20-5-106, MCA            Truancy
20-4-302, MCA            Power of teacher or principal over pupils
20-4-402, MCA            Duties of district superintendent
20-5-201, MCA            Duties and sanctions
20-5-202, MCA            Suspension and expulsion
10.16.3346 ARM         Aversive treatment procedures
34 CFR 300.519-521       Procedural Safeguards
Goss V. Lopez                 January, 1975

Procedure History:
Adopted on: July 1, 2000
Revised on: April 10, 2006

3310 STUDENTS - STUDENT DISCIPLINE
Student Discipline

A teacher or principal has the authority to hold a pupil to strict accountability for disorderly conduct in school, on the way to or from school, or during intermission or recess.

Disciplinary action may be taken against any student guilty of disobedience or misconduct, including, but not limited to:

•           Using, possessing, distributing, purchasing, or selling tobacco products.
•           Using, possessing, distributing, purchasing, or selling alcoholic beverages. Students who may be under the influence of alcohol will not be permitted to attend school functions and will be treated as though they had alcohol in their possession.
•           Using, possessing, distributing, purchasing, or selling illegal drugs or controlled substances, look-alike drugs and drug paraphernalia. Students who may be under the influence of such substances will not be permitted to attend school functions and will be treated as though they had drugs in their possession.
•           Using, possessing, controlling, or transferring a weapon in violation of the “Possession of Weapons” section of this policy.
•           Using, possessing, controlling, or transferring any object that reasonably could be considered or used as a weapon.
•           Disobeying directives from staff members or school officials and/or rules and regulations governing student conduct.
•           Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct toward anyone or urging other students to engage in such conduct.
•           Causing or attempting to cause damage to, or stealing or attempting to steal, school property or another person’s property.
•           Engaging in any activity that constitutes an interference with school purposes or an educational function or any disruptive activity.
•           Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic and habitual truants.
•           Hazing or bullying.
•           Forging of any signature, or the making of any false entry, or the authorization of any document used or intended to be used in connection with the operation of the school.
Any conduct that would constitute violation of Montana Law will be reported to the police.

These grounds for disciplinary action apply whenever the student’s conduct is reasonably related to school or school activities, including, but not limited to:

            On, or within sight of, school grounds before, during, or after
            school hours or at any other time when the school is being used by a school
            group;

                        Off school grounds at a school-sponsored activity, or event, or any activity
             or event which bears a reasonable relationship to school;
            Traveling to and from school or a school activity, function or event; or
            Anywhere, if the conduct may reasonably be considered to be a threat or an
            attempted intimidation of a staff member, or an interference with school purposes
            of an educational function.

Disciplinary Measures

Disciplinary measures include, but are not limited to:

            expulsion
            suspension
            detention, including Saturdays
            clean-up duty
            loss of student privileges
            loss of bus privileges
            notification to juvenile authorities and/or police
            restitution for damages to school property

No person who is employed or engaged by the District may inflict or cause to be inflicted corporal punishment on a student. Corporal punishment does not include, and District personnel are permitted to use, reasonable force as needed to maintain safety for other students, school personnel, or other persons, or for the purpose of self-defense.

Gun-Free Schools

A student, who uses, possesses, controls, or transfers a firearm, or any object that can reasonably be considered, or looks like, a firearm on school property, must be expelled from school for a period not less than one year. The Board, however, may modify the expulsion period on a case-by-case basis. The building administrator will refer the matter to the appropriate local law enforcement agency. This section also mandates that a student who has brought a firearm to school be immediately suspended.

When a student violating this gun-free policy is identified as disabled, either under the IDEA, or Section 504 of the Rehabilitation Act of 1973, the "Child Study Team" (CST) must determine whether the student’s conduct is related to the disability. If the violation of the policy is owing to a disability recognized by the IDEA, or Section 504, lawful procedures for changes in placement must be followed.

Any student subject to an expulsion shall be entitled to a hearing before the Board, in accordance with § 20-5-202, MCA, and Policy 3300.

Possession of a Weapon

Any person who possesses, carries or stores a weapon, on school property except as provided below, may be referred to law enforcement for immediate prosecution, as well as face disciplinary action by the District. In addition, a parent or guardian of any minor violating this policy may also be referred for possible prosecution, on the grounds of allowing the minor to possess, carry or store a weapon on school property.

School property includes all District owned buildings and grounds, including parking lots, and all property leased by the District; “weapon” shall be defined as any object, device, or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury, including but not limited to any type of firearm, whether loaded or unloaded; air guns; pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; a sword, a straight razor, a throwing star, nun-chucks, explosives; firecrackers, or brass or other metal knuckles; mace or other propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have been modified to serve as a weapon.

The Board may grant persons and entities advance permission to possess, carry, or store a weapon in a school building. All persons who wish to possess, carry or store a weapon in a school building shall present this request to the Board in a regular meeting. It is solely within the Board’s discretion whether to allow a person to possess, carry or store a weapon in a school building.

This policy does not apply to on duty law enforcement personnel.

Delegation of Authority

Each teacher, and any other school personnel when students are under his/her charge, is authorized to impose any disciplinary measure, other than suspension, or expulsion, corporal punishment or in-school suspension, which is appropriate and in accordance with the policies and rules on student discipline. Teachers may remove students from a classroom for disruptive behavior.

Cross Reference:          3231    Searches and Seizure
                                    3226    Hazing/Harassment/Intimidation/Bulling/Menacing
                                    3300    Corrective Actions and Punishment

Legal Reference:           § 20-4-302, MCA                   Discipline and punishment of pupils
                                    § 20-5-202, MCA                   Suspension and expulsion
                                    § 45-8-361, MCA                   Possession or allowing possession of weapon in school building

                                    18 U.S.C. § 921                      Firearm Defined
                                    18 U.S.C. § 922                      Juvenile’s possession of a handgun and ammunition
                                    20 U.S.C. § 3351, et seq.        Gun Free Schools Act
                                    29 U.S.C. § 701                      Rehabilitation Act of 1973

Policy History:
Adopted on: July 1, 2000
Revised on: April 25, 2005
Revised on: April 9, 2007

3312 STUDENTS - DETENTION
Detention
For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students. Students may not be detained without prior parent notification. Students may be required to attend Saturday detention for up to four (4) hours.

Preceding the assessment of such punishment, the staff member shall inform the student of the nature of the offense charged, and/or the specific conduct which allegedly constitutes the violation. The student shall be afforded an opportunity to explain or justify his/her actions to the staff member.

Students detained for corrective action or punishment shall be under the supervision of the staff member or designee.

Policy History:
Adopted on: July 1, 2000
Revised on:

3340 STUDENTS - SCHOOL RELATED ACTIVITIES CHEMICAL USE POLICY
School Related Activities Chemical Use Policy
Students participating in school related activities, whether sponsored by the MHSA or not, shall not use, have in possession, sell, or distribute alcohol, tobacco, or illegal drugs, or abuse prescription or non-prescription drugs during school related activities. This rule is in effect twenty-four (24) hours a day. If a student is charged with a MIP or MIPT, or there is reasonable suspicion to believe the student is or has been using tobacco, alcohol, or illicit drugs, the student will forfeit the privilege of participating in accordance with the student code.

Policy Coverage
This policy applies to middle and high school students who are involved in the extra- and co-curricular activities program.

Policy Duration
This policy is in effect each school year from the date of the first practice for fall activities until the last day of school or activities, whichever is later. The Administration shall publish the participation rules annually in the athletic activities and student handbooks.

Student and Parent/Legal Guardian Due Process
If a determination is made that a student has violated this policy, the student and parent or guardian shall be notified of the violation by telephone where possible, and also by mail. Also at this time, the student and parent or guardian shall be notified of the type of discipline that will be administered.

APPEAL PROCESS: Any parent or legal guardian and student who is aggrieved by the imposition of discipline shall have the right to appeal any administrative decision to the Board through the Universal Grievance procedure.

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

Policy History:
Adopted on: July 1, 2000
Revised on:

3345 STUDENTS - Gambling

Students are not permitted to gamble for money while in school, on school property, in school vehicles, while on school-sponsored trips, or when representing the school during activity or athletic functions. Students who are found to be betting, playing cards, rolling dice for money, playing keno or poker machines, gambling on the Internet, or involved in any other form of gambling shall be reported to the principal. Appropriate discipline will be administered in accordance with the District's student discipline policies.

Legal Reference: § 23-5-112, MCA Definitions
§ 23-5-158, MCA Minors not to participate - penalty-exception

Policy History:
Adopted on: November 13, 2007
Revised on:

3410 STUDENTS - STUDENT HEALTH
Student Health/Physical Screenings/Examinations

The Board may arrange each year for health services to be provided to all students. Such services may include, but not be limited to:

1. The development of procedures at each building for the isolation and temporary care of students who become ill during the school day;

2. Consulting services of a qualified specialist for staff, students, and parents;

3. Vision and hearing screening;

4. Scoliosis screening;

5. Immunization as provided by the Department of Public Health & Human Services.

Parents/guardians will receive written notice of any screening result which indicates a condition that might interfere or tend to interfere with a student’s progress.

Students who wish to participate in certain extracurricular activities will be required to submit to a physical examination to verify their ability to participate in the activity. Students participating in activities governed by the Montana High School Association will be required to follow the rules of that organization, as well as other applicable District policies, rules, and regulations.

All parents will be notified of requirements of the District’s policy on physical examinations and screening of students, at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy.

Legal Reference: § 20‑3‑324(20), MCA Powers and duties
General Education Provisions Act, 20 U.S.C. 1232h(b)

Policy History:
Adopted on: July 1, 2000
Revised on: December 18, 2006

3413 STUDENTS - STUDENT IMMUNIZATION
Student Immunization
The Board requires all students to present evidence of their having been immunized against the following diseases: diphtheria, pertussis (whooping cough), poliomyelitis, measles (rubeola), mumps, rubella, and tetanus. Pertussis immunization is not required for students who are seven (7) years or older. Haemophilus influenza type "b" immunization is required for students under age five (5).

Upon initial enrollment, an immunization status form shall be completed by the student's parent or guardian. The certificate shall be made a part of the student's permanent record.

A pupil who transfers into the District may photocopy immunization records in the possession of the school of origin. The District will accept the photocopy as evidence of immunization. Within thirty (30) days after a transferring pupil ceases attendance at the school of origin, the District must receive the original immunization records for the pupil who transfers into the District.

Exemptions from one or more vaccines shall be granted for medical reasons upon certification by a physician indicating the specific nature and probable duration of the medical condition for not administering the vaccine(s). Exemptions for religious reasons must be filed annually. The statement for an exemption shall be maintained as part of the student’s immunization record. The permanent file of students with exemptions shall be marked for easy identification should the Department of Health order that exempted students be excluded from school temporarily when the risk of contracting or transmitting a disease exists. Exclusion shall not exceed thirty (30) calendar days.

The Superintendent may allow the commencement of attendance in school by a student who has not been immunized against each disease listed in § 20-5-403, MCA, if that student has received one or more doses of polio, measles (rubeola), mumps, rubella, diphtheria, pertussis, Haemophilus influenza type "b", and tetanus vaccine.

The District shall exclude a student for noncompliance with the immunization laws and properly notify the parent or guardian. The local health department may seek an injunction requiring the parent to submit an immunization status form, take action to fully immunize the student or file an exemption for personal or medical reasons.

Legal Reference:
§ 20-3-324(20), MCA Powers and duties
§ 20-5-401 through 410, MCA Health

Policy History:
Adopted on: July 1, 2000
Revised on:

3416 STUDENTS - ADMINISTERING MEDICATION
Administering Medication
The Board will permit the administration of medication to students in schools in its jurisdiction. Pursuant to the completion of the District’s medication form signed by the parent and the Montana Certified Medical Practitioner, the school nurse (who has successfully completed specific training in administration of medication) may administer medication to any student in the school or may delegate this task pursuant to Montana law.

For elementary and middle school students, this policy applies to any medication taken at school. For high school students, these policies apply to any medication that parents request school personnel assist with self-administration.

Administering Medicines to Students
Any school employee authorized in writing by the school administrator or school principal:

May assist in the self-administration of any drug which may lawfully be sold over the counter without a prescription to a pupil in compliance with the written instructions, if the pupil’s parent or guardian completes and signs a district medication form.
May assist in the self-administration of a prescription drug to a pupil in compliance with the written instructions of a Montana Certified Medical Practitioner, if the pupil’s parent or guardian completes and signs a district medication form.

No employee except a qualified health care professional may administer a drug or prescription drug to a pupil under this policy except in an emergency situation. Diagnosis and treatment of illness and the prescribing of drugs are never the responsibility of a school employee and should not be practiced by any school personnel.

Emergency Administration of Medication
In case of an anaphylactic reaction or the risk of such reaction, a school nurse or delegate may administer emergency oral and/or injectable medication to any student in need thereof on the school grounds, in the school building, or at a school function, according to the standing order of the student’s private physician.

In the absence of a school nurse, the administrator or designated staff member exempt from the nurse license requirement under §37-8-103(1)(c), MCA, who has completed training in administration of medication, may give emergency medication to students orally or by injection. There must be on record a medically diagnosed allergic condition which would require prompt treatment to protect the student from serious harm or death.

Record of the medication administered in an emergency will be filed in the student’s health folder.

Self-Administration of Medication
Students who are able to self-administer specific medication may do so provided:

A Montana Certified Medical Practitioner completes the district’s medication form for self-administration of said medication.

2. There is a signed district medication form from the student’s parent or guardian.

3. The principal and appropriate teachers are informed that the student is self-administering prescribed medication.

Any school employee authorized in writing by the school administrator or principal may assist with self-administration of medications provided that only the following acts are used:

verbal suggestions, prompting, reminding, gesturing, or providing a written guide for self-administering medications;
handing a prefilled, labeled medication holder, labeled unit dose container, syringe, or original marked, labeled container from the pharmacy to the student;

3. opening the lid of the above container for the student;

4. guiding the hand of the student to self-administer the medication’

5. holding and assisting the student in drinking fluid to assist in the swallowing of oral medications;

assisting with removal of a medication from a container for students with a physical disability which prevents independence in the act.

Handling and Storage of Medications
All medications, for elementary and middle school students and for high school students whose parents are requesting the school monitor the self-administration, must first be delivered by the parent, responsible adult or student to the school office .If the student has special needs and requires additional care, the medicine is to be brought by the parent or responsible adult to the school office, classroom teacher, or bus aide. A designated employee must:

Examine any new medication to insure that it is properly labeled with dates, name of student, medication name, dosage and Montana Certified Medical Practitioner’s name. If the student is to take more than one kind of medication, a separate container for each kind must be used.
If administration is necessary, the nurse must develop a medication administration plan for the student before any medication is given by school personnel.
Each school must maintain the Daily Log Form. This form documents the self-administration of the medication and when the student took the medicine. The form is completed by writing the student’s name, name of medication, dosage, and time administered.
Store medication requiring refrigeration at 36F-46F.
Store prescribed medicinal preparations in a securely locked storage compartment. Controlled substances will be contained in a separate compartment, secured and locked at all times. At the time a student is to take any medicine, the student will report to the school office where a person in charge of the medications will assist with the self-administration. For middle school and high school students, it is the student’s responsibility to report to the office when it is time to take the medicine. However, if the student requires additional care, special accommodations will be made.

Access to all stored medication will be limited to persons authorized to administer medications or assist in the self-administration of medications. Each school will maintain a current list of those persons authorized by delegation from a licensed nurse to administer medications.

Proper Disposal of Syringes, Lancets, etc.
Some health situations require the use of hypodermic needles, syringes, lancets, etc. If a school staff member is involved in the handling and disposal of medical sharps which are capable of penetrating the skin, these items must be disposed of in a container labeled “sharps” available from the Buildings and Grounds Department. Disposal of sharps containers must follow the requirement of the Montana Infectious Waste Management Act. The Supervisor of Buildings and Grounds is the responsible school official for the disposal of sharps containers.

Disposal of Medication
School personnel must either return to the parent or destroy (with permission of the parent or guardian) any unused, discontinued or obsolete medication. Medicine which is not repossessed by the parent or guardian within a seven (7) day period of notification by school authorities will be destroyed by the school nurse in the presence of a witness.

Legal Reference:
8.32.1701 – 1712, ARM Delegation and assignment

Policy History
Adopted on: July 1, 2000
Revised on:

3417 STUDENTS - COMMUNICABLE DISEASES
Communicable Diseases
The District is required to provide educational services to all school age children who reside within its boundaries. Attendance at school may be denied to any child diagnosed as having a communicable disease which could make the child’s attendance harmful to the welfare of other students, staff, or persons within the school building. In the instance of diseases causing suppressed immunity, attendance may be denied to a child with suppressed immunity in order to protect the welfare of the child with suppressed immunity when others in the school have an infectious disease which, although not normally life threatening, could be life threatening to the child with suppressed immunity.

The Board recognizes that communicable diseases which may afflict students range from common childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as human immunodeficiency virus (HIV) infection. The District shall rely on the advice of the public health and medical communities in assessing the risk of transmission of various communicable diseases to determine how best to protect the health of both students and staff.

Management of common communicable diseases will be in accordance with Montana Department of Health guidelines and communicable diseases control rules. A student who exhibits symptoms of a communicable disease which is readily transmitted in the school setting may be temporarily excluded from school attendance.

Students who complain of illness at school may be referred to the responsible person designated by the Superintendent and may be sent home as soon as the parent or person designated on the student’s enrollment card has been notified.

The District reserves the right to require a statement from the student’s primary care provider authorizing the student’s return to school. In all proceedings related to this policy, the District shall respect the student’s right to privacy.

When information is received by a staff member or volunteer that a student is afflicted with a serious communicable disease, the staff member or volunteer shall promptly notify the responsible person designated by the Superintendent to determine appropriate measures to protect student and staff health and safety. The responsible person designated by the Superintendent, after consultation with and on the advice of public health officials, shall determine which additional staff members, if any, have need to know of the affected student’s condition.

Only those persons with direct responsibility for the care of the student or for determining appropriate educational accommodation will be informed of the specific nature of the condition, if it is determined there is a need for such individuals to know this information.

Parents of other children attending the school may be notified that their child has been exposed to a communicable disease without identifying the particular student who has the disease.

Note: For purposes of this policy, the term “communicable disease” refers to the diseases identified in 16.28.202, ARM, Reportable Diseases, with the exception of common colds and flu.

Legal Reference:
16.28.101, et seq, ARM Communicable Disease Control

Policy History:
Adopted on: July 1, 2000
Revised on:

3431 STUDENTS - EMERGENCY TREATMENT
Emergency Treatment
The Board recognizes that schools are responsible for providing first aid or emergency treatment in case of sudden illness or injury to a student, but that further medical attention is the responsibility of the parent or guardian.

Each parent or guardian must provide an emergency telephone number where the parent or designee of the parent can be reached.

When a student is injured, staff shall provide immediate care and attention until relieved by a superior, a nurse or a doctor. The principal or designated staff member should immediately contact the parent so that the parent can arrange for care or treatment of the injured student.

If a child develops symptoms of illness while at school, the responsible school officials shall do the following:

a. Isolate the child immediately from other children in a room or area segregated for that purpose.

b. Inform the parent or guardian as soon as possible about the illness and request him or her to pick up the child.

c. Report each case of suspected communicable disease the same day by telephone to the local health authority, or as soon as possible thereafter if no contact can be made the same day.

In the event that the parent cannot be reached and in the judgment of the principal or person in charge immediate medical attention is required, the injured student may be taken directly to the hospital and treated by the physician on call. When the parent is located, he/she may elect to continue the treatment or make other arrangements.

Legal Reference:
16.10.1117, ARM Health Supervision and Maintenance

Policy History:
Adopted on: July 1, 2000
Revised on:

3440 STUDENTS - REMOVAL OF STUDENT DURING SCHOOL HOURS
Removal of Student During School Hours
The Board recognizes its responsibility for the proper care of students during school hours. Students shall not be removed from school grounds, any school building or school function during school hours except by a person duly authorized. Before a student is removed or excused, the person seeking to remove the student must present, to the satisfaction of the principal, evidence of his/her proper authority to remove the student. A teacher should not excuse a student from class to confer with anyone unless the request is approved by the principal.

Policy History:
Adopted on: July 1, 2000
Revised on:

3520 STUDENTS - STUDENT FEES, FINES AND CHARGES
Student Fees, Fines and Charges
Within the concept of free public education, the District shall provide an educational program for the students as free of costs as possible.

A student may be charged a reasonable fee for any course or activity not reasonably related to a recognized academic and educational goal of the District or any course or activity held outside normal school functions. The Board may waive the fee in cases of financial hardship.

The Board delegates authority to the Superintendent to establish appropriate fees and procedures governing the collection of fees. Fees may be required, but not limited to the actual cost of breakage and of excessive supplies used in courses such as business, industrial technology, music, science, photo lab, family and consumer science.

A student shall be responsible for the cost of replacing materials or property which are lost or damaged due to negligence. The student and parent shall be notified regarding the nature of the violation or damage, how restitution may be made, and how an appeal may be instituted. A student’s grades or diploma may be withheld until restitution is made by payment.

Legal reference:
§ 20-5-201, MCA       Duties and sanctions
§ 20-7-703, MCA       Free textbook provisions
§ 20-9-214, MCA       Fees

Policy History:
Adopted on: July 1, 2000
Revised on:

3530 STUDENTS - STUDENT FUND RAISING ACTIVITIES
Student Fund Raising Activities
The Board acknowledges that the solicitations of funds from students, staff and citizens must be limited since students are a captive audience and since solicitation can disrupt the program of the schools. Solicitation and collection of money by students for any purpose, including the collection of money by students in exchange for tickets, papers, magazine subscriptions, or for any other goods or services for the benefit of an approved school organization, may be permitted by the Superintendent providing that the instructional program is not adversely affected.

Policy History:
Adopted on: July 1, 2000
Revised on:

3535 STUDENTS - DISTRIBUTION OF FUND DRIVE LITERATURE THROUGH STUDENTS
Distribution of Fund Drive Literature Through Students
Although many community drives are organized for raising funds for worthy nonprofit causes, it is the policy of the District to refrain from having the students, as student body members, used for such collection or dissemination purposes.

Exceptions to this policy will be considered when recognized student or school-affiliated organizations of the District request permission to participate in such activity.

Cross Reference: 4320 Contact with students

Policy History:
Adopted on: July 1, 2000
Revised on:

3600 STUDENTS - STUDENT RECORDS
Student Records
School student records are confidential, and information from them shall not be released other than as provided by law. State and Federal law grant students and parent(s)/guardian(s) certain rights, including the right to inspect, copy, and challenge their or their child’s school records. The information contained in school student records shall be kept current, accurate, clear and relevant. All information maintained concerning a student receiving special education services shall be directly related to the provision of services to that child. The District may release directory information as permitted by law, but parent(s)/guardian(s) shall have the right to object to the release of information regarding their child.

The Superintendent shall implement this policy and State and federal law with administrative procedures. The Superintendent shall inform staff members of this policy, and shall inform students and their parent(s)/guardian(s) of it, as well as their rights regarding student school records.

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99

§ 20-5-201, MCA Duties and sanctions

§ 41-5-215, MCA Youth court & department records - notification of school

§ 40-4-225, MCA Access to records by non-custodial parents

10.55.2002, ARM Student records

Policy History:

Adopted on: July 1, 2000

Revised on: February 14, 2005

3600R STUDENTS - STUDENT RECORDS
Student Records
Maintenance of School Student Records

The District maintains two (2) sets of school records for each student — a permanent record and a cumulative record.

The permanent record shall include:

Basic identifying information

Academic transcripts

Immunization records

Attendance record

The cumulative record shall include:

Intelligence and aptitude scores

Accident and health reports

Psychological reports

Achievement test results

Special education files

Disciplinary information

Participation in extracurricular activities

Honors and awards

Verified reports or information from non-educational persons

Verified information of clear relevance to the student’s education

Information pertaining to the release of this record

Information in the permanent record shall indicate authorship and date and shall be maintained in perpetuity for every student who has been enrolled in the District. Cumulative records shall be maintained for eight (8) years after the student graduates or permanently leaves the District. Cumulative records which may be of continued assistance to a student with disabilities who graduates or permanently withdraws from the District, may, after five (5) years, be transferred to the parent(s)/guardian(s) or to the student if the student has succeeded to the rights of the parent(s)/guardian(s).

The building principal shall be responsible for the maintenance, retention, or destruction of a student’s permanent or cumulative records, in accordance with the District’s procedure established by the Superintendent.

Access to Student Records

The District shall grant access to student records as follows:

1. The District or any District employee shall not release, disclose, or grant access to information found in any student record except under the conditions set forth in this policy.

2. The parent(s)/guardian(s) of a student under eighteen (18) years of age shall be entitled to inspect and copy information in the child’s school records. Such requests shall be made in writing and directed to the records custodian. Access to the records shall be granted within fifteen (15) days of the District’s receipt of such a request.

Where the parents/guardians are divorced or separated, both shall be permitted to inspect and copy the student’s school records unless a court order, of which the District has notice, indicates otherwise. The District shall send copies of the following to both parents/guardians at either one’s request, unless a court order indicates otherwise:

a. Academic progress reports or records;

b. Health reports;

c. Notices of parent-teacher conferences;

d. School calendars distributed to parents/guardians; and

e. Notices about open houses and other major school events including pupil-parent interaction.

When the student reaches eighteen (18) years of age, graduates from high school, marries, or enters military service, all rights and privileges accorded to the parent become exclusively those of the student.

Access shall not be granted the parent or the student to confidential letters and recommendations concerning the admission to a post-secondary educational institution, applications for employment, or the receipt of an honor or award, if the student has waived his or her right of access, after being advised of his or her right to obtain the names of all persons making such confidential letters or statements.

3. The District may grant access to or release information from student records to employees or officials of the District or the Montana State Board of Education, provided a current, demonstrable, educational or administrative need is shown, without parental/ guardian consent or notification. Access in such cases shall be limited to the satisfaction of that need.

4. The District may grant access to, or release information from, student records without parental/guardian consent or notification to any person, for the purpose of research, statistical reporting, or planning, provided that no student or parent(s)/guardian(s) can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records.

5. The District shall grant access to or release information from a student’s records pursuant to a court order, provided that the parent(s)/guardian(s) shall be given prompt written notice, upon receipt of such order, of its terms, the nature and substance of the information proposed to be released, and an opportunity to inspect and copy such records and to challenge their contents.

6. The District shall grant access to or release information from any student record as specifically required by federal or state statute.

7. The District shall grant access to or release information from student records to any person possessing a written, dated consent, signed by the parent(s)/guardian(s) or eligible student with particularity as to whom the records may be released, the information or record to be released, and the reason for the release. One (1) copy of the consent form shall be kept in the records, and one (1) copy shall be mailed to the parent(s)/guardian(s) or eligible student by the Superintendent. Whenever the District requests the consent to release certain records, the records custodian shall inform the parent(s)/guardian(s) or eligible student of the right to limit such consent to specific portions of information in the records.

8. The District may release student records to the Superintendent or an official with similar responsibilities in a school in which the student has enrolled or intends to enroll, upon written request from such official.

9. Prior to the release of any records or information under items 5, 6, 7, and 8 above, the District shall provide prompt written notice to the parent(s)/guardian(s) or eligible student of this intended action. This notification shall include a statement concerning the nature and substance of the records to be released and the right to inspect, copy, and challenge the contents.

10. The District may release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. The records custodian shall make this decision taking into consideration the nature of the emergency, the seriousness of the threat to the health and safety of the student or other persons, the need for such records to meet the emergency, and whether the persons to whom such records are released are in a position to deal with the emergency. The District shall notify the parent(s)/guardian(s) or eligible student as soon as possible of the information released, the date of the release, the person, agency or organization to whom the release was made, and the purpose of the release.

11. The District may disclose, without consent, personally identifiable information from an education record of a pupil to the youth court and law enforcement authorities pertaining to violations of the Montana Youth Court Act or criminal laws by the pupil.

12. The District shall comply with an ex parte order requiring it to permit the U.S. Attorney General or designee to have access to a student's school records without notice to or consent of the student's parent(s)/guardian(s).

13. The District charges a nominal fee for copying information in the student’s records. No parent(s)/guardian(s) or student shall be precluded from copying information because of financial hardship.

14. A record of all releases of information from student records (including all instances of access granted, whether or not records were copied) shall be kept and maintained as part of such records. This record shall be maintained for the life of the student record and shall be accessible only to the parent(s)/guardian(s) or eligible student, records custodian, or other person. The record of release shall include:

a. Information released or made accessible.

b. The name and signature of the records custodian.

c. The name and position of the person obtaining the release or access.

d. The date of the release or grant of access.

e. A copy of any consent to such release shall be maintained in student record.

Directory Information

The District may release certain directory information regarding students, except that parent(s)/ guardian(s) may prohibit such a release. Directory information shall be limited to:

Name

Address

Gender

Telephone listing

Electronic mail address

Photograph

Date and place of birth

Parents’/guardians’ names and addresses

Grade level

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)

Academic awards, degrees, and honors

Information in relation to school-sponsored activities, organizations, and athletics

Weight and height of members of athletic teams

Major field of study

Dates of attendance

Most recent educational agency or institution attended

The notification to parent(s)/guardian(s) and students concerning school records shall inform them of their right to object to the release of directory information.

Military Recruiters/Institutions of Higher Education

Pursuant to federal law, the District is required to release the names, addresses, and telephone numbers of all high school students to military recruiters and institutions of higher education upon request. The notification to parents and students concerning school records shall inform them of their right to object to the release of this information.

Student Record Challenges

The parent(s)/guardian(s) or eligible student may challenge the accuracy, relevancy, or propriety of the records, except no challenge may be made if the challenge is made when the student’s school records are being forwarded to another school and the challenge relates to either (1) grades, and (2) references to expulsions or out-of-school suspensions. A challenger has the right to request a hearing at which each party has:

˙ The right to present evidence and to call witnesses;

˙ The right to cross-examine witnesses;

˙ The right to counsel;

˙ The right to a written statement of any decision and the reasons therefor;

˙ The right to appeal an adverse decision to an administrative tribunal or official, to be established or designated by the State Board.

The parent(s)/guardian(s) or eligible student may insert a written statement of reasonable length describing their position on disputed information. The school shall include the statement in any release of the information in dispute.

Legal Reference: Family Education Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99

§ 20-5-201, MCA Duties and sanctions

§ 40-4-225, MCA Access to records by non-custodial parents

§ 41-5-215, MCA Youth court and department records - notification of school

10.55.909, ARM Student records

Procedure History:

Adopted on: July 1, 2000

Revised on: February 14, 2005

3600F STUDENTS - STUDENT RECORDS
Student Records
Notification to Parents and Students of Rights Concerning a Student’s School Records

This notification may be distributed by any means likely to reach the parent(s)/guardian(s).

The District maintains two (2) sets of school records for each student a permanent record and a cumulative record.

The permanent record shall include:

Basic identifying information

Academic transcripts

Immunization records

Attendance record

The cumulative record shall include:

Intelligence and aptitude scores

Accident and health reports

Psychological reports

Achievement test results

Special education files

Disciplinary information

Participation in extracurricular activities

Honors and awards

Verified reports or information from non-educational persons

Verified information of clear relevance to the student’s education

Information pertaining to the release of this record

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students over eighteen (18) years of age (“eligible students” as defined by FERPA) certain rights with respect to the student’s education records. They are:

1. The right to inspect and copy the student’s education records within a reasonable time of the day the District receives a request for access.

Students less than eighteen (18) years of age have the right to inspect and copy their permanent record. Parents/guardians or students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal shall make arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the time and place where the records may be inspected.

The District charges a nominal fee for copying, but no one shall be denied their right to copies of their records for inability to pay this cost.

The rights contained in this section are denied to any person against whom an order of protection has been entered concerning a student.

2. The right to request amendment of the student’s education records which the parent(s)/guardian(s) or eligible student believes are inaccurate, misleading, irrelevant, or improper.

Parents/guardians or eligible students may ask the District to amend a record they believe is inaccurate, misleading, irrelevant, or improper. They should write the school principal or records custodian, clearly identifying the part of the record they want changed, and specify the reason.

If the District decides not to amend the record as requested by the parent(s)/guardian(s) or eligible student, the District shall notify the parent(s)/guardian(s) or eligible student of the decision and advise him or her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures shall be provided to the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.

3. The right to permit disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA or state law authorizes disclosure without consent.

Disclosure is permitted without consent to school officials with legitimate educational or administrative interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent(s)/guardian(s) or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by state or federal law. Before information is released to individuals described in this paragraph, the parent(s)/guardian(s) shall receive written notice of the nature and substance of the information and an opportunity to inspect, copy, and challenge such records. The right to challenge school student records does not apply to: (1) academic grades of their child, and (2) references to expulsions or out-of-school suspensions, if the challenge is made at the time the student’s school student records are forwarded to another school to which the student is transferring.

Disclosure is also permitted without consent to: any person for research, statistical reporting or planning, provided that no student or parent(s)/guardian(s) can be identified; any person named in a court order; and appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

4. The right to a copy of any school student record proposed to be destroyed or deleted.

5. The right to prohibit the release of directory information concerning the parent’s/guardian’s child.

Throughout the school year, the District may release directory information regarding students, limited to:

Name

Address

Gender

Telephone listing

Electronic mail address

Photograph

Date and place of birth

Parents’/guardians’ names and addresses

Grade level

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)

Academic awards, degrees, and honors

Information in relation to school-sponsored activities, organizations, and athletics

Weight and height of members of athletic teams

Major field of study

Most recent educational agency or institution attended

Any parent(s)/guardian(s) or eligible student may prohibit the release of any or all of the above information by delivering a written objection to the building principal within thirty (30) days of the date of this notice. No directory information shall be released within this time period, unless the parent(s)/guardian(s) or eligible student are specifically informed otherwise.

6. The right to request that information not be released to military recruiters and/or institutions of higher education.

Parent(s)/guardian(s) or eligible students may request that the District not release this information, and the District shall comply with the request.

7. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-4605

Policy History

Adopted on: July 1, 2000

Revised on: February 14, 2005

3606 STUDENTS - TRANSFER OF STUDENT RECORDS
Transfer of Student Records
A certified copy of the permanent or cumulative file of any student and the file containing special education records of any student shall be forwarded by mail or electronically to a local educational agency or accredited school in which the student seeks to or intends to enroll within five (5) working days after receipt of a written or electronic request. The files that are forwarded must include education records in the permanent file (as defined by the Board), special education records, and any existing disciplinary actions taken against the student that are educationally related.

If the records cannot be transferred within five (5) days, the District shall notify the requestor, in writing or electronically, providing the reasons why the District is unable to comply with the five-(5)-day time frame. The District shall also include in that notice the date by which the requested records will be transferred. A request for the transfer of records shall not be refused because the student owes fines or fees.

Cross Reference: 3600 - 3600P Student Records

Legal Reference:
§ 20-1-213, MCA Transfer of school records

Policy History:
Adopted on: July 1, 2000
Revised on:

3608 STUDENTS - RECEIPT OF CONFIDENTIAL RECORDS
Receipt of Confidential Records
The District is eligible to receive the case records of the department of public health and human services and its local affiliate, the county welfare department, the county attorney, and the court concerning actions taken and all records concerning reports of child abuse and neglect. These records shall not be included in the student’s permanent file and shall be kept confidential as required by law.

The following individuals are authorized by the Trustees to receive information with respect to a student of the District who is a client of the department:

Building Principal
Program Administrator

When the District receives information pursuant to law, it is the responsibility of the authorized individual to prevent the unauthorized dissemination of that information.

Cross Reference: 3600 - 3600P Student Records

Legal Reference:
§ 41-3-205, MCA Confidentiality - disclosure exceptions

Policy History:
Adopted on: July 1, 2000
Revised on:

3611 STUDENTS - GANGS AND GANG ACTIVITY
Gangs and Gang Activity
The Board is committed to ensuring a safe and orderly environment, where learning and teaching may occur void of physical or psychological disruptions, unlawful acts, or violations of school regulations. Gang activities create an atmosphere of intimidation in the entire school community. Both the immediate consequences of gang activity and the secondary effects are disruptive and obstructive to the process of education and school activities. Groups of individuals which meet the definition of gangs, defined below, shall be restricted from school grounds or school activities.

A gang is defined as any group of two (2) or more persons, whether formal or informal, who associate together to advocate, conspire, or commit:

One or more criminal acts; or
Acts which threaten the safety or well-being of property or persons, including, but not limited to, harassment and intimidation

Students on school property or at any school-sponsored activity shall not:

Wear, possess, use, distribute, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other items which are evidence of membership in or affiliation with any gang and/or representative of any gang;
Engage in any act, whether verbal or nonverbal, including gestures or handshakes, showing membership in or affiliation with any gang and/or that is representative of any gang; or
Engage in any act furthering the interest of any gang or gang activity, including, but not limited to:

a. Soliciting membership in or affiliation with any gang

b. Soliciting any person to pay for protection or threatening another person, explicitly or implicitly, with violence or with any other illegal or prohibited act;

c. Painting, writing, or otherwise inscribing gang-related graffiti, messages, symbols, or signs on school property;

d. Engaging in violence, extortion, or any other illegal act or other violation of school property.

Violations of this policy shall result in disciplinary action, up to and including suspension, expulsion, and/or notification of police.

Policy History:
Adopted on : July 1, 2000
Revised on:

3612 STUDENTS - DISTRICT-PROVIDED ACCESS TO ELECTRONIC INFORMATION, SERVICES, AND NETWORKS
District-Provided Access to Electronic Information, Services, and Networks
Internet access may be made available to the District’s students, faculty, parents and community members in compliance with the Children’s Internet Protection Act of 20 April, 2001. Through its computer network, the District is connected with thousands of computers all over the world. Users may have access to information ranging from different cultures, science related issues, music, politics, and access to many university library catalogs.

District teachers and other staff will make reasonable efforts to supervise use of network and Internet access; however, student cooperation is vital in exercising and promoting responsible use of this access. Students are responsible for good behavior on-line, just as they are in a classroom or other area of the school. The same general rules for behavior and communications apply. The District will provide filtering software for computers accessing the Internet.

The purpose of District-provided Internet access is to facilitate communications in support of research and education. To remain eligible as users, students’ use must be in support of and consistent with the educational objectives of the District. Access is a privilege, not a right. Access entails responsibility.

Privacy/Confidentiality

Users should have no expectation of privacy or confidentiality in the content of electronic communications or other computer files sent and received on the school computer network or stored in his/her directory. The school computer network’s system operator, or other school employees, may at any time review the subject, content, and appropriateness of electronic communications or other computer files and remove them if warranted. Any violation of District rules will be reported to school administrators.

Personal Information

When sending electronic messages, students and staff shall not include any personally identifiable information of students. Examples of identifying information include last names, addresses, and phone numbers. Students and staff shall identify students by first names. Users’ network passwords are provided for their personal use. Users should not share their password with anyone. Users should not log into the network with another user’s login name and password. If a user suspects someone has discovered their password, they should change it or have it changed immediately. Users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users.

Copyright

Users shall not:
1.         Copy and forward;
2.         Copy and download; or
3.         Copy and upload to the network or Internet server any copyrighted material, without approval by the computer system operator, a teacher, or other school administrator. Copyrighted material is anything written by someone else. It could be an e-mail message, a game, a story, or software. Do not plagiarize others’ work.

Inappropriate Sites
The use of the District network and the Internet is for educational purposes only. All sites containing pornography or sexually explicit materials (written or pictured) are off limits to users.

E-mail/Chatting/Collaboration Websites
Students are prohibited from accessing district e-mail without the express permission of the IT Director. This includes District e-mail accessed through a web browser. E-mail access may be given to students on a case-by-case basis (e.g., classroom applications or foreign exchange students keeping in contact with home). Students are prohibited from joining chat rooms or other types of collaboration websites unless it is a teacher-sponsored activity.

Hacking
Users shall not infiltrate or “hack” any computing systems or networks. Examples: the release of viruses, worms, or other programs that damage or otherwise harm any computing system or network. Users shall not disrupt a system or interfere with another’s ability to use that system (e.g., by sending “e-mail bombs” that cause a disk to fill up, a network to bog down, or a software application to crash).

Inappropriate Use
Users shall not use the District computer network to:
1. Purchase goods, solicit sales, or conduct business for personal use (e.g., by posting an advertisement to a news group). Users shall not set up web pages to advertise or sell a service.
2. Transmit obscene, abusive, sexually explicit, inappropriate, or threatening language.

Harassment
Neither the school's network nor the broader Internet (whether accessed on campus or off campus, either during or after school hours) may be used for the purpose of harassment.

Legal Reference:         Children’s Internet Protection Act, P.L. 106-554
                                    20 U.S.C. § 6801, et seq.
                                    47 U.S.C. § 254(h) and (1)

Policy History:
Adopted on: July 1, 2000
Revised on: April 24, 2006
Revised on: October 13, 2008

3145R STUDENTS - FOREIGN EXCHANGE STUDENTS Foreign Exchange Students

Academic Standards and Graduation:

Student opportunities/Responsibilities

Policy History

Adopted on: September 10, 2001 Revised on: April 24, 2006

Delegation of Authority

3145R STUDENTS - FOREIGN EXCHANGE STUDENTS
Foreign Exchange Students

Adopted on: September 10, 2001
Revised on: April 24, 2006