Policy Manual

To the right you will find the Cambridge-Isanti School District policies.  The policies are separated by category:

Each policy has a pdf version for easy viewing and printing.   

100 - School District

The policies in category 100 pertain to the roles and functions of the School District.

101 - Legal Status of the School District

POLICY #101

LEGAL STATUS OF THE SCHOOL DISTRICT

 

I. PURPOSE

A primary principle of this nation is that the public welfare demands an educated and informed citizenry. The power to provide for public education is a state function vested in the state legislature and delegated to local school districts. The purpose of this policy is to clarify the legal status of the school district.

II. GENERAL STATEMENT OF POLICY

A. The school district is a public corporation subject to the control of the legislature, limited only by constitutional restrictions. The school district has been created for educational purposes.

B. The legislature has authority to prescribe the school district’s powers and privileges, its boundaries and territorial jurisdictions.

C. The school district has only the powers conferred on it by the legislature; however, the school board’s authority to govern, manage, and control the school district, to carry out its duties and responsibilities, and to conduct the business of the school district includes implied powers in addition to any specific powers granted by the legislature.

III. RELATIONSHIP TO OTHER ENTITIES

A. The school district is a separate legal entity.

B. The school district is ordinate with and not subordinate to the county(ies) in which it is situated.

C. The school district is not subservient to municipalities within its territory.

IV. POWERS AND AUTHORITY OF THE SCHOOL DISTRICT

A. Funds

1. The school district, through its school board, has authority to raise funds for the operation and maintenance of its schools and authority to manage and expend such funds, subject to applicable law.

2. The school district has wide discretion over the expenditure of funds under its control for public purposes, subject to the limitations provided by law.

3. School district officials occupy a fiduciary position in the management and expenditure of funds entrusted to them.

B. Raising Funds

1. The school district shall, within the limitations specified by law, provide by levy of tax necessary funds for the conduct of schools, payment of indebtedness, and all proper expenses.

2. The school district may issue bonds in accordance with the provisions of Minn. Stat. Ch. 475, or other applicable law.

3. The school district has authority to accept gifts and donations for school purposes, subject to applicable law.

C. Property

1. The school district may acquire property for school purposes. It may sell, exchange, or otherwise dispose of property which is no longer needed for school purposes, subject to applicable law.

2. The school district shall manage its property in a manner consistent with the educational functions of the district.

3. The school district may permit the use of its facilities for community purposes which are not inconsistent with, nor disruptive of, its educational mission.

4. School district officials hold school property as trustees for the use and benefit of students, taxpayers, and the community.

D. Contracts

1. The school district is empowered to enter into contracts in the manner provided by law.

2. The school district has authority to enter into installment purchases and leases with an option to purchase, pursuant to Minn. Stat. § 465.71 or other applicable law.

3. The school district has authority to make contracts with other governmental agencies and units for the purchase, lease or other acquisition of equipment, supplies, materials, or other property, including real property.

4. The school district has authority to enter into employment contracts. As a public employer, the school district, through its designated representatives, shall meet and negotiate with public employees in an appropriate bargaining unit and enter into written collective bargaining agreements with such employees, subject to applicable law.

E. Textbooks, Educational Materials, and Studies

1. The school district, through its school board and administrators, has the authority to determine what textbooks, educational materials, and studies should be pursued.

2. The school district shall establish and apply the school curriculum.

F. Actions and Suits

The school district has authority to sue and to be sued.

Source: Cambridge-Isanti Schools

Legal References:

  •      Minn. Const. art. 13, § 1
  •      Minn. Stat. Ch. 123B (School Districts, Powers and Duties)
  •      Minn. Stat. Ch. 179A (Public Employment Labor Relations)
  •      Minn. Stat. § 465.035 (Conveyance or Lease of Land)
  •      Minn. Stat. §§ 465.71; 471.345; 471.6161; 471.6175; 471.64 (Rights, Powers, Duties of Political Subdivisions)
  •      Minnesota Association of Public Schools v. Hanson, 287 Minn. 415, 178 N.W.2d 846 (1970)
  •      Independent School District No. 581 v. Mattheis, 275 Minn. 383, 147 N.W.2d 374 (1966)
  •      Village of Blaine v. Independent School District No. 12, 272 Minn. 343, 138 N.W.2d 32 (1965)
  •      Huffman v. School Board, 230 Minn. 289, 41 N.W.2d 455 (1950)
  •      State v. Lakeside Land Co., 71 Minn. 283, 73 N.W.970 (1898)

Cross References:

  •      Policy 201 (Legal Status of School Board)
  •      Policy 603 (Curriculum Development)
  •      Policy 604 (Instructional Curriculum)
  •      Policy 606 (Textbooks and Instructional Materials)
  •      Policy 704 (Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System)
  •      Policy 705 (Investments)
  •      Policy 706 (Acceptance of Gifts)
  •      Policy 801 (Equal Access to School Facilities)
  •      MSBA Service Manual, Chapter 3, Employee Negotiations
  •      MSBA Service Manual, Chapter 13, School Law Bulletin “F” (Contract and Bidding Procedures)

Reviewed: 11-15-01, 4-22-04, 2-24-05, 07-21-16

Approved: 12-20-01, 5-20-04, 2-24-05, 08-18-16

101.1 - Name of the School District

POLICY #101.1

NAME OF THE SCHOOL DISTRICT

I. PURPOSE

The purpose of this policy is to clarify the name of the school district.

II. GENERAL STATEMENT OF POLICY

Pursuant to statute, the official name of the school district is Independent School District No. 911. However, the school district is often referred to by other informal names. In order to avoid confusion and to encourage consistency in school district letterheads, signage, publications and other materials, the school board intends to establish a uniform name for the school district.

III. UNIFORM NAME

A. The name of the school district shall be Cambridge-Isanti Schools.

B. The name specified above may be used to refer to the school district and may be shown on school district letterheads, signage, publications and other materials.

C. In official communications and on school district ballots, the school district shall be referred to as Independent School District No. 911, Cambridge-Isanti Schools, but inadvertent failure to use the correct name shall not invalidate any legal proceeding or matter or affect the validity of any document.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 123A.55 (Classes, Number)

Reviewed: 11-15-01, 07-21-16

Approved: 12-20-01, 08-18-16

101.2 - Naming of School District Sites and Facilities

POLICY #101.2

NAMING OF SCHOOL DISTRICT SITES AND FACILITIES

I.PURPOSE

It shall be the general policy of the school district to name sites, facilities, or properties in whole or part according to their geographic location (e.g., Cambridge Middle School, Isanti Elementary School).  If for some good reason a name other than a geographic name will be used to make the final determination.

A.  The proposed name shall be appropriate.

B.  The name will stand the test of time.

C.  If the name involves a person, the individual involved will have made a significant contribution to the site, facility or school district.

D.  Naming a site or facility after a deceased person shall be done after taking the above criteria into consideration and after a waiting period of one year following the individual's death.

In naming sites or facilities, special consideration will be given to those names that will have some special meaning to the students and citizens and will enhance the educational program of the school district.

Periodically, site or facility names shall be reviewed as to their continued appropriateness.  If a particular name is no longer appropriate, the School Board reserves the right to change it.

Source:                       Independent School District No. 911, Cambridge, MN

Reviewed:                   11-15-01, 4-19-12, 11-20-14

Approved:                   2-23-81, 12-20-01, 12-18-14

 

 

101.2-Pro - Procedure Process For Dedication of Space

PROCEDURE #101.2

PROCEDURE FOR NAMING OF SCHOOL DISTRICT SITES AND FACILITIES

I.  PURPOSE

The purpose of this Administrative Procedure is to support Policy 101.2 Naming of School District Sites and Facilities.

II.  GENERAL STATEMENT OF POLICY

Individual rooms, areas, athletic fields or facilities within or on district property may be named to honor a specific individual or organization, or may require a name change for other reasons.

III.  PROCEDURES

  1. The requestor(s) must make a written request to the representative of the subject building or property (Principal, Superintendent, or other appropriate individual).
  2. The representative of the subject building or property receiving the request shall appoint an ad hoc advisory committee to consider the request. The ad hoc committee shall be made up of:a. Up to three (3) community members;

a.  Up to three (3) community members;

b.  One board member

c.  Up to two staff members

d.  One cabinet member (or the Buildings and Grounds Director)

e.  Principal or Superintendent designee, acting as committee chair.

3.  Before a request will be approved, it must be evaluated using the following criteria:

a.  The proposed name shall be appropriate.

b.  The name will stand the test of time.

c.  If the name involves a person, the individual involved will have made a significant contribution to the site.

d.  Living or deceased members of the community served by the educational facility may be eligible, if those individuals have distinguished themselves through ten (10) documented years of school-related service and have held membership in at least one school-related support organization (PTA, PTO, Booster Clubs, School Council, etc.) during the years of their children’s enrollment in District 911. 

e.  If the name involves a person, the individual involved may not be currently employed by the District.

f.  Former school district employees, living or deceased, may be considered if they have distinguished themselves through work at the educational facility for a minimum of five (5) consecutive years or ten (10) cumulative years in the school district.

4.  The representative reviewing the request shall present the proposal to the School Board with supporting rationale and evidence of support for the recommendation.

5.  The School Board shall review the proposal and take formal action on the request.

 

Source: Cambridge-Isanti Schools

Reviewed: 05.12.15

102 - Equal Educational Opportunity

POLICY #102

EQUAL EDUCATIONAL OPPORTUNITY

I. PURPOSE

The purpose of this policy is to ensure that equal educational opportunity is provided for all students of the school district.

II. GENERAL STATEMENT OF POLICY

A. It is the school district’s policy to provide equal educational opportunity for all students. The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, parental status, status with regard to public assistance, disability, sexual orientation or age. The school district also makes reasonable accommodations for disabled students.

B. The school district prohibits the harassment of any individual for any of the categories listed above. For information about the types of conduct that constitute violation of the school district’s policy on harassment and violence and the school district’s procedures for addressing such complaints, refer to the school district’s policy on harassment and violence.

C. This policy applies to all areas of education including academics, coursework, co-curricular and extracurricular activities, or other rights or privileges of enrollment.

D. It is the responsibility of every school district employee to comply with this policy conscientiously.

E. Any student, parent or guardian having any questions regarding this policy should discuss it with the appropriate school district official as provided by policy. In the absence of a specific designee, an inquiry or a complaint should be referred to the superintendent.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious, and racial Harassment and Violence Policy)

     Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

     20 U.S.C. § 1681 et seq. (Title IX of the Education Amendments of 1972)

     42 U.S.C. § 12101 et seq. (Americans with Disabilities Act)

Cross References:

     Policy 402 (Disability Nondiscrimination)

     Policy 413 (Harassment and Violence)

     Policy 521 (Student Disability Nondiscrimination)

     Policy 522 (Student Sex Nondiscrimination)

Reviewed: 06-21-01, 02-21-06, 01-21-16

Approved: 06-21-90, 06-21-01, 03-23-06, 02-18-16

103 - Complaints - Students, Employees, Parents, Other Persons

POLICY #103

COMPLAINTS – STUDENTS,

EMPLOYEES, PARENTS, OTHER PERSONS

I. PURPOSE

The school district takes seriously all concerns or complaints by students, employees, parents or other persons. If a specific complaint procedure is provided within any other policy of the school district, the specific procedure shall be followed in reference to such a complaint. If a specific complaint procedure is not provided, the purpose of this policy is to provide a procedure that may be used.

II. GENERAL STATEMENT OF POLICY

A. Students, parents, employees or other persons, may report concerns or complaints to the school district. While written reports are encouraged, a complaint may be made orally. Any employee receiving a complaint shall advise the principal or immediate supervisor of the receipt of the complaint. The supervisor shall make an initial determination as to the seriousness of the complaint and whether the matter should be referred to the superintendent. A person may file a complaint at any level of the school district; i.e., principal, superintendent or school board. However, persons are encouraged to file a complaint at the building level when appropriate.

If a member of the public chooses not to submit the complaint to the superintendent, such member of the public may submit the complaint either orally or in writing to a member of the board. In such case, the board member shall promptly inform the superintendent of the complaint and the superintendent will proceed to conduct an investigation in the same manner as if the superintendent had received the original complaint.

B. Depending upon the nature and seriousness of the complaint, the supervisor or other administrator receiving the complaint shall determine the nature and scope of the investigation or followup procedures. If the complaint involves serious allegations, the matter shall promptly be referred to the superintendent who shall determine whether an internal or external investigation should be conducted. In either case, the superintendent shall determine the nature and scope of the investigation and designate the person responsible for the investigation or followup relating to the complaint. The designated investigator shall ascertain details concerning the complaint and respond promptly to the appropriate administrator concerning the status or outcome of the matter.

C. The appropriate administrator shall respond in writing to the complaining party concerning the outcome of the investigation or followup, including any appropriate action or corrective measure that was taken. The superintendent shall be copied on the correspondence and consulted in advance of the written response when appropriate. The response to the complaining party shall be consistent with the

rights of others pursuant to the applicable provisions of Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act) or other law.

Source: Cambridge-Isanti Schools

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Cross References:

  • Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)
  • Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
  • Policy 413 (Harassment and Violence)
  • Policy 514 (Bullying Prohibition)
  • MSBA Service Manual, Chapter 13, School Law Bulletin “I” (School Records – Privacy – Access to Data)

Reviewed: 1-24-02, 2-21-06, 09-22-16

Approved: 2-21-02, 3-23-06, 10-13-16

104 - School District Mission Statement

POLICY #104

SCHOOL DISTRICT MISSION STATEMENT

I.  PURPOSE

The purpose of this policy is to establish a clear statement of the purpose for which the school district exists.

II.  GENERAL STATEMENT OF POLICY

The school board believes that a mission statement should be adopted. The mission statement should be based on the beliefs and values of the community, should direct any change effort and should be the basis on which decisions are made. The school board, on behalf of and with extensive participation by the community, should develop a consensus among its members regarding the nature of the enterprise the school board governs, the purposes it serves, the constituencies it should consider, including student representation, and the results it intends to produce.

III.  MISSION STATEMENT

The mission of Cambridge-Isanti Schools, as the leader in innovation education; offering unlimited options and opportunities, is to develop well-rounded individuals who excel in leadership, achieve at the highest levels, and are responsible citizens through highly effective staff addressing the unique needs of each individual in partnership with parents, students and a unified community.

IV.      WE BELIEVE

  1. Every person needs to feel valued, safe and respected in order to maximize their potential.
  2. Strong individuals and communities depend on giving to, caring for, and serving each other.
  3. Every person has a purpose beyond themselves.
  4. Communication, critical thinking, collaboration and creativity are necessary to thrive in a changing world.
  5. Honesty and integrity are essential to all positive relationships.
  6. Every person has a responsibility to live to their own expectations.
  7. Every person learns uniquely.
  8. Success can come from the ability to learn from and work through adversity.
  9. Learning occurs best when social, physical and emotional needs are met.
  10. Every person has value with skills and talents that make them unique.
  11. Every person is responsible for their own choices.
  12. Education provides the greatest access to opportunities.
  13. As technology use increases there is continued value in the skills and benefits of face-to-face communication.
  14. Involvement in meaningful activities enriches your life.

V.  REVIEW

The school board will review the school district’s mission every two years, especially when members of the board change. The school board will conduct a comprehensive review of the mission, including the beliefs and values of the community, every five to seven years.

 

Source:   Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 120B.11 (School District Process for Reviewing Curriculum, Instruction, and Student Achievement)

     Minn. Rule Parts 3501.0010-3501.0180

     Minn. Rule Parts 3501.0200-3501.0270

Reviewed:                  11-15-01, 2-24-05, 5-22-08, 04-23-15

 

Approved:                  2-18-82, 3-20-01, 12-20-01, 3-17-05, 5-22-08, 05-21-15

105 - Inclusive Decision Making

POLICY #105

INCLUSIVE DECISION MAKING

I.  PURPOSE

Inclusive decision making has been and is currently practiced in District #911. This practice has been encouraged and expanded as needs and times have changed. This policy allows for informal site-based decision making authority at individual schools, programs and departments. It also provides guidelines for a formal site-based decision making program at schools that apply for formal status.

Whether informal or formal, inclusive decision making is a philosophical and practical approach to collaborative planning, problem solving and decision making. It helps insure that those affected by a decision and those who are responsible for its implementation will be actively and legitimately involved in an established process of decision making. The purpose of site-based decision making is to improve the quality of education for all students at each school. It provides the foundation for gathering data, establishing a mission and goals, building a positive school climate, implementing strategies for program improvement and student learning, and evaluating student outcomes and other programmatic results.

II.  GENERAL STATEMENT OF POLICY

It is the responsibility of the Board and district administration to establish district-wide goals, curricular, instructional and programmatic policies and guidelines, overall budget guidelines and adoption, and a long range plan for the Cambridge-Isanti Schools. The Board recognizes its responsibility to uphold state and federal laws and regulations and to further determine the broad program and instructional guidelines for site-based decision making and planning.

School sites and departments are responsible for submitting to the Board for approval a plan for school improvement that includes, but is not limited to, school mission and goals, strategies for implementation, recommended school budget and other resources, calendar, staff development activities, parental involvement plans and evaluation of student and program outcomes. The school and department improvement plans and correspondent assessments will be submitted annually. Improvement plans at the school sites and department level are to be developed, implemented and evaluated with the involvement and input of parents, licensed and non-licensed staff, community members and students, when appropriate.

Should individual sites or departments wish to move toward site-based decision making in a step by step process involving less than the total school program, the school improvement plan submitted to the Board for approval would so indicate.

 

III.  SITE-BASED COUNCIL - IF FORMALLY IMPLEMENTED

Site-based councils will serve as the vehicle to achieve representation from throughout the school community. Participants in the school councils will include administrators, licensed and non-licensed staff, parents and community members, and students when appropriate.

Representatives on the council will be elected to their positions by a vote of their individual constituent group at each school. The school principal will serve on the site council. The size of the site councils will be determined by the school. On site councils, the number of parents will be equal to the number of non-administrative, licensed staff members. The number of non-licensed positions on the site council will be determined by the school with a fair ratio of all groups represented. Schools may establish their own process for selecting and involving community members and students. Other rules for participation and formal decision making will be specified in a set of site council by-laws which will be approved by the Board.

School site council meetings will be open to all members of the school staff and community. Site councils are responsible for regularly communicating their activities, decisions and plans to all members of the school community. The principal plays an active leadership role on the school site council. The principal and other members are responsible for assuring that all members of the site council are equally involved and that the decisions of the site council are in accordance with state and federal laws and regulations, Cambridge-Isanti School Board policies and procedures, and other district-wide program and budget guidelines. The principal continues to be responsible for working with other members of the school staff and parent community to help achieve school goals, program and individual student success.

Source:  Independent School District #911, Cambridge, MN

Reviewed:  2-20-03

Approved:  8-25-94, 3-17-03

200 - School Board

The policies in category 200 pertain to the School Board and its role and functions.

201 - Legal Status of the School Board

POLICY #201

LEGAL STATUS OF THE SCHOOL BOARD



I. PURPOSE

The care, management, and control of the schools is vested by statutory and constitutional authority in the school board. The school board shall carry out the mission of the school district with diligence, prudence, and dedication to the ideals of providing the finest public education. The purpose of this policy is to define the authority, duties, and powers of the school board in carrying out its mission.

202 - School Board Officers

 

                                                                                                                                              

                                                                                                                     POLICY #202

SCHOOL BOARD OFFICERS

I.         PURPOSE

School board officers are charged with the duty of carrying out the responsibilities entrusted to them for the care, management, and control of the public schools of the school district.  The purpose of this policy is to delineate those responsibilities.

II.        GENERAL STATEMENT OF POLICY

A.        The school board shall meet annually and organize by selecting a chair, a clerk, a treasurer, and such other officers as determined by the school board.  At its option, the school board may appoint a vice-chair to serve in the temporary absence of the chair.

B.        The school board shall appoint a superintendent who shall be an ex officio, nonvoting member of the school board.

III.      ORGANIZATION

The school board shall meet annually on the first Monday in January, or as soon thereafter as practicable, and organize by selecting a chair, a clerk, a treasurer, and such other officers as determined by the school board.  These officers shall hold office for one year and until their successors are elected and qualify.

A.        The persons who perform the duties of clerk and treasurer need not be members of the school board.

B.        The school board by resolution may combine the duties of the offices of clerk and treasurer in a single person in the office of business affairs.

IV.      OFFICER’S RESPONSIBILITIES

                      A.        Chair

1.         The chair when present shall preside at all meetings of the school board, countersign all orders upon the treasurer for claims allowed by the school board, represent the school district in all actions, and perform all duties a chair usually performs.

2.         In case of absence, inability, or refusal of the clerk to draw orders for the payment of money authorized by a vote of the majority of the school board to be paid, the chair may draw the orders, or the office of the clerk may be declared vacant by the chair and treasurer and filled by appointment.

B.        Treasurer

1.         The treasurer shall deposit the funds of the school district in the official depository.

2.         The treasurer shall make all reports which may be called for by the school board and perform all duties a treasurer usually performs.

3.         In the event there are insufficient funds on hand to pay valid orders presented to the treasurer, the treasurer shall receive, endorse, and process the orders in accordance with Minn. Stat. § 123B.12.

                     C.        Clerk

1.         The clerk shall keep a record of all meetings in the books provided.

2.         Within three days after an election, the clerk shall notify all persons elected of their election.

3.         On or before September 15 of each year, the clerk shall:

a.         file with the school board a report of the revenues, expenditures, and balances in each fund for the preceding fiscal year.

b.         make and transmit to the commissioner certified reports, showing:

(1)       revenues and expenditures in detail, and such other financial information required by law, rule, or as may be called for by the commissioner;

(2)       length of school term and enrollment and attendance by grades; and

(3)       other items of information as called for by the commissioner.

4.         The clerk shall enter into the clerk’s record book copies of all reports and of the teachers’ term reports, and of the proceedings of any meeting, and keep an itemized account of all expenses of the school district.

5.         The clerk shall furnish to the county auditor, on or before September 30 of each year, an attested copy of the clerk’s record, showing the amount of proposed property tax voted by the school district or the school board for school purposes.

6.         The clerk shall draw and sign all orders upon the treasurer for the payment of money for bills allowed by the school board for salaries of officers and for teachers’ wages and all claims, to be countersigned by the chair.

7.         The clerk shall perform such duties as required by the Minnesota Election Law or other applicable laws relating to the conduct of elections.

8.         The clerk shall perform the duties of the chair in the event of the chair’s and the vice-chair’s temporary absences.

D.        Vice-Chair

The vice-chair shall perform the duties of the chair in the event of the chair’s temporary absence.

                      E.         Superintendent

1.         The superintendent shall be an ex officio, nonvoting member of the school board.

2.         The superintendent shall perform the following:

a.         visit and supervise the schools in the school district, report and make recommendations about their condition when advisable or on request by the school board;

b.         recommend to the school board employment and dismissal of teachers;

c.         annually evaluate each school principal assigned responsibility for supervising a school building within the district;

d.         superintend school grading practices and examinations for promotions;

e.         make reports required by the commissioner; and

f.          perform other duties prescribed by the school board.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 123B.12 (Finance)

    Minn. Stat. § 123B.14 (Officers)

    Minn. Stat. § 123B.143 (Superintendent)

    Minn. Stat. § 126C.17 (Referendum Revenue)

    Minn. Stat. Ch. 205A (School District Elections)

Cross References:     Policy 101 (Legal Status of the School District)

    Policy 201 (Legal Status of the School Board)

    Policy 203 (Operation of the School Board – Governing Rules)

                                    MSBA Service Manual, Chapter 1, School District Governance, Powers

                                    and Duties

Reviewed:                   7-22-10, 8-23-12, 09-18-14, 03-23-17

Approved:                   8-19-10, 9-20-12, 10-23-14, 04-20-17

 

203 - Operation of the School Board (Governing Rules)

POLICY #203

OPERATION OF THE SCHOOL BOARD – GOVERNING RULES



I. PURPOSE

The purpose of this policy is to provide governing rules for the conduct of meetings of the school board.

203.1 - School Board Procedures (Rules of Order)

POLICY #203.1

SCHOOL BOARD PROCEDURES RULES OF ORDER



I. PURPOSE

The purpose of this policy is to provide specific rules of order to conduct meetings of the school board.

203.2 - Order of the Regular School Board Meeting

POLICY #203.2

ORDER OF THE REGULAR SCHOOL BOARD MEETING



I. PURPOSE

The purpose of this policy is to ensure consistency in the order of business at regular school board meetings.

203.5 - School Board Meeting Agenda

POLICY #203.5

SCHOOL BOARD MEETING AGENDA



I. PURPOSE

The purpose of this policy is to provide procedures for the preparation of the school board meeting agenda to ensure that the school board can accomplish its business as efficiently and expeditiously as possible.

203.6 - Consent Agendas

POLICY #203.6

CONSENT AGENDAS



I. PURPOSE

The purpose of this policy is to allow the use of a consent agenda.

203.7 - School Board Compensation Policy

POLICY #203.7

SCHOOL BOARD COMPENSATION POLICY

School Board members will be compensated as follows effective January 1, 2009:

1. School Board members will receive $250 per month for regular and special School Board meetings and study sessions. The $250 also includes all non-pen and paper meetings that may or may not be Board-related that Board members are asked to represent or attend. This includes, but is not limited to, any school building Adopt-A-School visits, student and staff recognition/award programs, school open houses, and back-to-school workshops.

2. Board members will receive $65 for participating in all standing, ad hoc and Representative Committees under four hours, and $130 for committee meetings over four hours. Board members will receive this same compensation for attending any MSBA/NSBA sponsored meetings or other board-related pen and paper meetings. Board members will receive this same compensation for attending any Board-related educational meetings, seminars, and conventions approved by the Board Chair.

3. The chair, clerk and treasurer will receive an additional stipend per month as follows:

          Chair $100.00

          Clerk $ 60.00

          Treasurer $ 60.00

     Responsibilities included with this compensation:

          * Review and sign school documents.

          * Chair to meet with Superintendent prior to Board meetings to review agenda.

          * Clerk to prepare meeting minutes in absence of Board secretary.

          * Treasurer to meet with Director of Finance once per month.

In addition, the following will apply to events requiring travel outside the School District:

  • Mileage will be paid at the current District rate for travel outside of the District only when District transportation is not provided. If a Board member decides to drive his/her own vehicle when District transportation is provided, the Board member will not be reimbursed for mileage.
  • Lodging and other prudent travel related expenses (meals, parking, etc.) will be paid when overnight stays are unavoidable or make economic sense.
  • One travel day will be paid for School Board related activities (i.e., NSBA Convention) requiring significant overnight travel time.

The following activities are not eligible for reimbursement:

  •  Social functions (e.g. School Board seasonal parties, retirement parties).
  •  School activities/meetings where the School Board has not been officially invited or requested to attend.
  •  Informal meetings with school personnel.
  •  Phone calls related to School Board activities.

Source: Independent School District No. 911, Cambridge, MN

Reviewed: 12-20-01, 4-20-06, 1-17-07, 11-20-08, 2-18-10, 09-18-14, 11-20-14, 01-06-16

Approved: 2-19-87, 2-21-91, 1-4-01, 1-24-02, 5-18-06, 2-22-07, 12-18-08, 3-18-10, 12-18-14, 01-06-16

204 - School Board Meeting Minutes

POLICY #204

SCHOOL BOARD MEETING MINUTES

[Note: The provisions of this policy are required by statute.]



I. PURPOSE

The purpose of this policy is to establish procedures relating to the maintenance of records of the school board and the publication of its official proceedings.

205 - Open Meetings and Closed Meetings

POLICY #205

OPEN MEETINGS AND CLOSED MEETINGS



I. PURPOSE

A. The school board embraces the philosophy of openness in the conduct of its business, in the belief that openness produces better programs, more efficiency in administration of programs, and an organization more responsive to public interest and less susceptible to private interest. The school board shall conduct its business under a presumption of openness. At the same time, the school board recognizes and respects the privacy rights of individuals as provided by law. The school board also recognizes that there are certain exceptions to the Minnesota Open Meeting Law as recognized in statute where it has been determined that, in limited circumstances, the public interest is best served by closing a meeting of the school board.



B. The purpose of this policy is to provide guidelines to assure the rights of the public to be present at school board meetings, while also protecting the individual’s rights to privacy under law, and to close meetings when the public interest so requires as recognized by law.

206 - Public Participation in School Board Meetings

206-1

POLICY #206

PUBLIC PARTICIPATION IN SCHOOL BOARD MEETINGS/COMPLAINTS ABOUT PERSONS AT SCHOOL BOARD MEETINGS AND DATA PRIVACY CONSIDERATIONS



I. PURPOSE

A. The school board recognizes the value of participation by the public in deliberations and decisions on school district matters. At the same time, the school board recognizes the importance of conducting orderly and efficient proceedings, with opportunity for expression of all participants’ respective views.



B. The purpose of this policy is to provide procedures to assure open and orderly public discussion as well as to protect the due process and privacy rights of individuals under the law.

207 - Public Hearings

POLICY #207

PUBLIC HEARINGS



I. PURPOSE

The school board recognizes the importance of obtaining public input on matters properly before the school board. The purpose of this policy is to establish procedures to efficiently receive public input.

208 - Development, Adoption, and Implementation of Policies

POLICY #208

DEVELOPMENT, ADOPTION, AND IMPLEMENTATION OF POLICIES



I. PURPOSE

The purpose of this policy is to emphasize the importance of the policy-making role of the school board and provide the means for it to continue to be an ongoing effort.

209 - Code of Ethics

POLICY #209

CODE OF ETHICS



I. PURPOSE

The purpose of this policy is to assist the individual school board member in understanding his or her role as part of a school board and in recognizing the contribution that each member must make to develop an effective and responsible school board.

210 - Conflict of Interest - School Board Members

POLICY #210

CONFLICT OF INTEREST – SCHOOL BOARD MEMBERS

[Note: The provisions of this policy substantially reflect legal requirements.]



I. PURPOSE

The purpose of this policy is to observe state statutes regarding conflicts of interest and to engage in school district business activities in a fashion designed to avoid any conflict of interest or the appearance of impropriety.

211 - Criminal or Civil Action Against School District, School Board Member, Employee, or Student

POLICY #211

CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL BOARD MEMBER, EMPLOYEE, OR STUDENT



I. PURPOSE

The purpose of this policy is to provide guidance as to the school district’s position, rights, and responsibilities when a civil or criminal action is pending against the school district, or a school board member, school district employee, or student.

212 - School Board Member Development

POLICY #212

SCHOOL BOARD MEMBER DEVELOPMENT



I. PURPOSE

In recognition of the need for continuing in-service training and development for its members, the purpose of this policy is to encourage the members of the school board to participate in professional development activities designed for them so that they may perform their responsibilities.

213 - School Board Committees

 

                                                                                                                       

                                                                                              POLICY #213

SCHOOL BOARD COMMITTEES

I.         PURPOSE

The purpose of this policy is to provide for the structure and the operation of committees or subcommittees of the school board.

II.        GENERAL STATEMENT OF POLICY

A.        It is the policy of the school board to designate school board committees or subcommittees when it is determined that a committee process facilitates the mission of the school board.

B.        The school board has determined that certain permanent standing committees, as described in this policy, do facilitate the operation of the school board and the school district.

C.        A school board committee or subcommittee will be formed by school board resolution which shall outline the duties and purpose of the committee or subcommittee.

D.        A committee or subcommittee is advisory in nature and has only such authority as specified by the school board.

E.         The school board will receive reports or recommendations from a committee or subcommittee for consideration.  The school board, however, retains the right and has the duty to make all final decisions related to such reports or recommendations.

F.         The school board also may establish such ad hoc committees for specific purposes as it deems appropriate.

G.        The school board reserves the right to limit, create or abolish any standing or ad hoc committee as it deems appropriate.

H.        A committee of the school board shall not appoint a subcommittee of that committee without approval of the school board.

III.      APPOINTMENT OF COMMITTEES

A.        The school board hereby appoints the following standing committees:

1. Finance 2. Long Range Facilities Planning 3. Long Range Facilities Planning 3. Negotiations Committee(s) for various employee groups certified and non-certified 4. Policy Review Committee 5. Human Resources/Supt. Evaluation 6. Rum River Special Ed Cooperative 7. Meet and Confer 8. Strategic Planning

B.          The school board will establish, by resolution, for each standing or ad hoc committee the number of members, the term and the charge or mission of each such committee.

C.          The school board chair shall appoint the members of each standing or ad hoc committee and designate the chair thereof.

IV.       PROCEDURES FOR SCHOOL BOARD COMMITTEES

A.        All meetings of committees or subcommittees shall be open to the public in compliance with the Open Meeting Law, and notice shall be given as prescribed by law.

B.        A committee or subcommittee shall act only within the guidelines and mission established for that committee or subcommittee by the school board.

C.        The committee or subcommittee shall designate a secretary who will record the minutes of actions of the school board committee.

D.        The power of a committee or subcommittee of the school board is advisory only and is limited to making recommendations to the school board.

E.         A committee or subcommittee of the school board shall, when appropriate, clarify in any dealings with the public that its powers are only advisory to the school board.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. Ch. 13D (Open Meeting Law)

Cross References:      Policy 201 (Legal Status of the School Board)

                Policy 203 (Operation of the School Board – Governing Rules)

                MSBA Service Manual, Chapter 13, School Law Bulletin “C” Minnesota’s

                Open Meeting Law)

Reviewed:                   05-22-08, 09-18-14, 03-23-17

Approved:                   06-19-08, 10-23-14, 04-20-17

214 - Out of State Travel By School Board Members

POLICY #214

OUT-OF-STATE TRAVEL BY SCHOOL BOARD MEMBERS



I. PURPOSE

The purpose of this policy is to control out-of-state travel by school board members as required by law.

215 - Student Representative to School Board

POLICY #215

STUDENT REPRESENTATIVE TO SCHOOL BOARD



To enable members of the school board to gain firsthand reactions from students regarding the decisions that affect students in their educational development, a student representative from Cambridge-Isanti High School to the board is herein authorized. The following are established as policy guidelines.



Selection and Service of Student Representative

1. The role of the student selected is advisory to and not as a voting member of the Board.

2. The student representative(s) may be a student council member or selected from social studies classes as determined by the principal and student council advisor.

3. The student shall serve a one year term corresponding to the school year. In the event it is not possible to serve the entire year, assignments may be changed at the semester.

4. The student will sit with the Board at all regular meetings and study sessions, but will not be permitted to attend closed meetings.

5. The student may attend regional or state school board conferences when ISD #911 School Board members are present.



Rights and Responsibilities of Student Representative

1. The student representative will be bound by all rules and regulations which bind the Board within law.

2. The Board shall reserve the right to bar the participation of the student representative if actions of said representative are unacceptable to the Board.



Limitations

1. The student representative will not be furnished with materials/information pertaining to:

a. Sensitive personnel matters

b. Legal action strategy

c. Negotiations strategy

d. Land acquisition

e. Individual student discipline/family matters

f. Other confidential material

216 - School Board Recognition and Accomplishment

POLICY #216

SCHOOL BOARD RECOGNITION AND ACCOMPLISHMENT



I. PURPOSE

This policy will provide guidance in providing proper recognition for staff, students and community members.

300 - Administration

The policies in category 300 pertain to the roles and functions of the administration of the school district.

301 - School District Administration

POLICY #301

SCHOOL DISTRICT ADMINISTRATION



I. PURPOSE

The purpose of this policy is to clarify the role of the school district administration and its relationship with the school board.

301.2 Position Descriptions

 

                                                                                                                                       POLICY #301.2

POSITION DESCRIPTIONS

I.             PURPOSE

The purpose of this policy is to ensure that Cambridge-Isanti Schools’ positions are described through current job descriptions. The job descriptions will include all positions except substitute and part-time or seasonal personnel. The position description system is designed to help ensure that Cambridge-Isanti Schools is efficient and effective in meeting the needs of its students.

II.GENERAL STATEMENT OF POLICY

A. The superintendent or his/her designee shall develop and implement a system of job descriptions for all regular employees of Cambridge-Isanti Schools.

B. Job descriptions will include a consistent format. Major areas in job descriptions will include:

1. Essential Duties and Responsibilities

2. Work Requirements and Characteristics

3 .Authority/Decisions/Accountability

4. Job outcomes

5. Working conditions

6. Qualifications

C. Job descriptions will be developed for new job classifications, and updated on a regular basis

D. Job descriptions will be approved by the supervising administrator and the Director of Administrative Services and Human Resources.

E .Job descriptions will be utilized for purposes such as job postings, hiring decisions, pay equity, and staff pattern analysis.

F. Job descriptions will be retained on file by the Human Resources Department.

Source:                               Cambridge-Isanti Schools

Cross References:           

Reviewed:                          7-18-02, 01-19-17 

Approved:                          8-22-02, 02-23-17

302 - Superintendent

POLICY #302

SUPERINTENDENT



I. PURPOSE

The purpose of this policy is to recognize the importance of the role of the superintendent and the overall responsibility of that position within the school district.

303 - Superintendent Selection

POLICY #303

SUPERINTENDENT SELECTION

          I.         PURPOSE

The purpose of this policy is to convey to the school community that the authority to select and employ a superintendent is vested in the school board.

II.        GENERAL STATEMENT OF POLICY

The school board shall employ a superintendent to serve as the chief executive officer of the school board and to conduct the daily operations of the school district.

III.      QUALIFICATIONS

A.        The school board shall consider applicants who meet or exceed the licensing standards set by the Minnesota Board of School Administrators and qualifications established in the job description for the superintendent position.  State and federal equal employment and nondiscrimination requirements shall be observed throughout the recruitment and selection process.

B.        The school board will consider professional preparation, experience, skill and demonstrated competence of qualified applicants in making a final decision.

IV.      SELECTION

A.        A process for recruitment, screening, and interviewing of candidates shall be developed by the school board.

B.        The school board may contract for assistance in the search for a superintendent.

C.        The school board shall provide the contract for the superintendent and specifically identify all conditions of employment mutually agreed upon with the superintendent.  In so doing, the school board shall observe all requirements of state and federal law and school board policy.

Source:                       Cambridge-Isanti Schools

Legal References:       Minn. Stat. § 123B.143 (Superintendent)

                                             Minn. Rules, Chapter 3512 

         Cross References:     

         Reviewed:                   01-24-02, 04-22-04, 01-19-17

         Approved:                   02-21-02, 04-22-04, 02-23-17

304 - Superintendent Contract, Duties, and Evaluation

POLICY #304

SUPERINTENDENT CONTRACT, DUTIES, AND EVALUATION

I. PURPOSE

The purpose of this policy is to provide for the use of an employment contract with the superintendent, a position description and the use of an approved instrument to evaluate performance.

II. GENERAL STATEMENT OF POLICY

A.The superintendent’s contract shall be used to formalize the employment relationship and to specifically identify and clarify all conditions of employment with the superintendent.

B.The specific duties for which the superintendent is accountable shall be set forth in a position description for the superintendent and shall be measured by a performance appraisal instrument approved by the school board in consultation with the superintendent.  The school board shall use this instrument to periodically evaluate the performance of the superintendent.

C.The school board may use the model contract approved by the boards of the Minnesota School Boards Association and the Minnesota Association of School Administrators as a model instrument.

Source:                             Cambridge-Isanti Schools

Legal References:   Minn. Stat. § 123B.143 (Superintendent)

Cross References:

Reviewed:                         1-24-02, 2-19-04, 01-19-17

Approved:                         2-21-02, 2-19-04, 02-23-17

 

305 - Policy Implementation

POLICY #305

POLICY IMPLEMENTATION

I. PURPOSE

The purpose of this policy is to clarify the responsibility of the school administration for implementation of school board policy.

II. GENERAL STATEMENT OF POLICY

A. It shall be the responsibility of the superintendent to implement school board policy and to recommend additions or modifications thereto. The administration is authorized to develop guidelines and directives to effectuate the implementation of school board policies. These guidelines and directives shall be consistent with said policies. At least annually, these written procedures shall be presented to the school board for review.

B. Employee and student handbooks shall be subject to annual review and approval by the school board.

C. School principals and other administrators who have handbook responsibilities shall present recommended changes necessary to reflect new or modified policies. Changes of substance within handbooks shall be reviewed by the superintendent to assure compliance with school board policy and shall be approved by the school board.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 123B.143 (Superintendent)

Cross References:

  • Policy 208 (Development, Adoption, and Implementation of Policies)

Reviewed: 1-24-02, 08-18-16

Approved: 2-21-02, 09-22-16

306 - Administrator Code of Ethics

POLICY #306

ADMINISTRATOR CODE OF ETHICS

I. PURPOSE

The purpose of this policy is to establish the requirements of the school board that school administrators adhere to the standards of ethics and professional conduct in this policy and Minnesota law.

II. GENERAL STATEMENT OF POLICY

A. An educational administrator’s professional behavior must conform to an ethical code. The code must be idealistic and at the same time practical, so that it can apply reasonably to all educational administrators. The administrator acknowledges that the schools belong to the public they serve for the purpose of providing educational opportunities to all. However, the administrator assumes responsibility for providing professional leadership in the school and community. This responsibility requires the administrator to maintain standards of exemplary professional conduct. It must be recognized that the administrator’s actions will be viewed and appraised by the community, professional associates, and students. To these ends, the administrator must subscribe to the following standards.

B. The Educational Administrator:

1. Makes the well-being of students the fundamental value of all decision-making and actions.

2. Fulfills professional responsibilities with honesty and integrity.

3. Supports the principle of due process and protects the civil and human rights of all individuals.

4. Obeys local, state, and national laws and does not knowingly join or support organizations that advocate, directly or indirectly, the overthrow of the government.

5. Implements the school board’s policies.

6. Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals.

7. Avoids using positions for personal gain through political, social, religious, economic, or other influence.

8. Accepts academic degrees or professional certification only from duly accredited institutions.

9. Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.

10. Honors all contracts until fulfillment, release, or dissolution is mutually agreed upon by all parties to the contract.

11. Adheres to the Code of Ethics for School Administrators in Minnesota Rule.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 122A.14, Subd. 4 (Code of Ethics)
  • Minn. Rules Part 3512.5200 (Code of Ethics for School Administrators)

Reviewed: 1-24-02, 8-21-03, 2-19-04, 08-18-16

Approved: 2-21-02, 9-18-03, 2-19-04, 09-22-16

400 - Employees / Personnel

The policies in category 400 pertain to the roles and functions employees/personnel of the school district.

401 - Equal Employment Opportunity

POLICY #401

EQUAL EMPLOYMENT OPPORTUNITY



I. PURPOSE

The purpose of this policy is to provide equal employment opportunity for all applicants for school district employment and school district employees.



II. GENERAL STATEMENT OF POLICY

A. The policy of the school district is to provide equal employment opportunity for all applicants and employees. The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, age, family care leave status, or veteran status. The school district also makes reasonable accommodations for disabled employees.

B. The school district prohibits the harassment of any individual for any of the categories listed above. For information about the types of conduct that constitute impermissible harassment and the school district’s internal procedures for addressing complaints of harassment, please refer to the school district’s policy on harassment and violence.

C. This policy applies to all areas of employment including hiring, discharge, promotion, compensation, facilities, or privileges of employment.

D. It is the responsibility of every school district employee to follow this policy.

E. Any person having a question regarding this policy should discuss it with Director of Administrative Services and Human Resources.

Source: Cambridge-Isanti Schools



Legal References: Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

  • 29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act)
  • 29 U.S.C. § 2615 (Family and Medical Leave Act)
  • 38 U.S.C. § 4211 et seq. (Employment and Training of Veterans)
  • 38 U.S.C. § 4301 et seq. (Employment and Reemployment Rights of Members of the Uniformed Services)
  • 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)
  • 42 U.S.C. § 12101 et seq. (Equal Opportunity for Individuals with Disabilities)



Cross References: Policy 402 (Disability Nondiscrimination)

  • Policy 405 (Veteran’s Preference)
  • Policy 413 (Harassment and Violence

Reviewed: 6/21/01, 2-21-06, 5-22-08, 02-19-16

Approved: 5/18/76, 4/23/87, 7/22/93, 7/23/01, 3-23-06, 5-22-08, 7-22-10, 03-24-16

402 - Disability Nondiscrimination Policy

                                                                                                                    POLICY #402

DISABILITY NONDISCRIMINATION POLICY

I.         PURPOSE

The purpose of this policy is to provide a fair employment setting for all persons and to comply with state and federal law.

II.        GENERAL STATEMENT OF POLICY

A.        The school district shall not discriminate against qualified individuals with disabilities because of the disabilities of such individuals in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment.

B.        The school district shall not engage in contractual or other arrangements that have the effect of subjecting its qualified applicants or employees with disabilities to discrimination on the basis of disability.  The school district shall not exclude or otherwise deny equal jobs or job benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.

C.        The school district shall make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the business of the school district.

D.        Any job applicant or employee wishing to discuss the need for a reasonable accommodation, or other matters related to a disability or the enforcement and application of this policy, should contact the Director of Administrative Services and Human Resources. This individual is the school district’s appointed ADA/Section 504 coordinator

Source:                         Cambridge-Isanti Schools

Legal References:      Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

                          29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, § 504)

    42 U.S.C., Ch. 126 § 12112 (Americans with Disabilities Act)

    29 C.F.R. Part 32

    34 C.F.R. Part 104

Cross References:    Policy 521 (Student Disability Nondiscrimination)

Reviewed:                  6-21-01, 4-22-04, 05-18-17

Approved:                 7-23-01, 5-20-04, 06-22-17

403 - Discipline, Suspension and Dismissal of School District Employees

 

Policy #403

DISCIPLINE, SUSPENSION, AND DISMISSAL OF SCHOOL DISTRICT EMPLOYEES

I.         PURPOSE

The purpose of this policy is to achieve the effective operation of the school district’s programs through the cooperation of all employees under a system of policies and rules applied fairly and uniformly.

II.        GENERAL STATEMENT OF POLICY

The disciplinary process described herein is designed to utilize progressive steps, where appropriate, to produce positive corrective action.  While the school district intends that in most cases progressive discipline will be administered, the specific form of discipline chosen in a particular case and/or the decision to impose discipline in a manner otherwise, is solely within the discretion of the school district.

III.      DISCIPLINE

A.        Violation of School Laws and Rules

The form of discipline imposed for violations of school laws and rules may vary from an oral reprimand to termination of employment or discharge depending upon factors such as the nature of the violation, whether the violation was intentional, knowing and/or willful and whether the employee has been the subject of prior disciplinary action of the same or a different nature.  School laws and rules to which this provision applies include:

1.         policies of the school district;

2.         directives and/or job requirements imposed by administration and/or the employee’s supervisor; and

3.         federal, state and local laws, rules and regulations, including, but not limited to, the rules and regulations adopted by federal and state agencies.

B.        Substandard Performance

An employee’s substandard performance may result in the imposition of discipline ranging from an oral reprimand to termination of employment or discharge.  In most instances, discipline imposed for the reason of substandard performance will follow a progressive format and will be accompanied by guidance, help and encouragement to improve from the employee’s supervisor and reasonable time for correction of the employee’s deficiency.

C.        Misconduct

Misconduct of an employee will result in the imposition of discipline consistent with the seriousness of the misconduct.  Conduct which falls into this category includes, but is not limited to:

1.         unprofessional conduct;

2.         failure to observe rules, regulations, policies and standards of the school district and/or directives and orders of supervisors and any other act of an insubordinate nature;

3.         continuing neglect of duties in spite of oral warnings, written warnings and/or other forms of discipline;

4.         personal and/or immoral misconduct;

5.         use of illegal drugs, alcohol or any other chemical substance on the job or any use off the job which impacts on the employee’s performance;

6.         deliberate and serious violation of the rights and freedoms of other employees, students, parents or other persons in the school community;

7.         activities of a criminal nature relating to the fitness or effectiveness of the employee to perform the duties of the position;

8.         failure to follow the canons of professional and personal ethics;

9.         falsification of credentials and experience;

10.       unauthorized destruction of school district property;

11.       other good and sufficient grounds relating to any other act constituting inappropriate conduct;

12.       violation of the rights of others as provided by federal and state laws related to human rights.

IV.      FORMS OF DISCIPLINE

A.        The forms of discipline that may be imposed by the school district include, but are not limited to:

1.         oral warning;

2.         written warning or reprimand;

3.         probation;

4.         disciplinary suspension, demotion or leave of absence with pay;

5.         disciplinary suspension, demotion or leave of absence without pay; and

6.         dismissal/termination or discharge from employment.

B.        Other forms of discipline, including any combination of the forms described in Paragraph A., above, may be imposed if, in the judgment of the administration, another form of discipline will better accomplish the school district’s objective of stopping or correcting the offending conduct and improving the employee’s performance.

V.        PROCEDURES FOR ADMINISTERING POLICY

A.        In an instance where any form of discipline is imposed, the employee’s supervisor will:

1.         Advise the employee of any inadequacy, deficiency or conduct which is the cause of the discipline, either orally or in writing.  If given orally, the supervisor will document the fact that an oral warning was given to the employee specifying the date, time and nature of the oral warning.

2.         Provide directives to the employee to correct the conduct or performance.

3.         Forward copies of all writings to the administrator in charge of personnel for filing in the employee’s personnel file.

4.         Allow a reasonable period of time, when appropriate, for the employee to correct or remediate the performance or conduct.

5.         Specify the expected level of performance or modification of conduct to be required from the employee.

  1. The school district retains the right to immediately discipline, terminate or discharge an employee as appropriate, subject to relevant governing law and collective bargaining agreements where applicable.

Source:                       Cambridge-Isanti Schools

Legal References:     

  • Minn. Stat. § 122A.40 (Teachers – Employment; Contracts; Termination)
  • Minn. Stat. § 122A.41 (Teacher Tenure)
  • Minn. Stat. § 122A.44 (Contracting with Teachers)
  • Minn. Stat. § 122A.58 (Coaches)
  • Minn. Stat. § 123B.02, Subd. 14 (Employees; Contracts (Services)
  • Minn. Stat. § 123B.143 (Superintendent)Minn. Stat. § 123B.147 (Principals)
  • Minn. Stat. § 197.46 et seq. (Veterans Preference Act)

Cross References:     MSBA Service Manual, Chapter 3, Employees

Reviewed:                   2-21-02, 12-15-16 

Approved:                   3-21-02, 01-19-17

 

404 - Employment Background Check

POLICY #404

EMPLOYMENT BACKGROUND CHECKS

I. PURPOSE

The purpose of this policy is to maintain a safe and healthful environment in the school district in order to promote the physical, social, and psychological well-being of its students. To that end, the school district will seek a criminal history background check for applicants who receive an offer of employment with the school district and on all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, regardless of whether any compensation is paid, or such other background checks as provided by this policy. The school district may elect to do background checks of all volunteers, independent contractors, and student employees in the school district.

II. GENERAL STATEMENT OF POLICY

A. The school district shall require that applicants for school district positions who receive an offer of employment and all individuals, except enrolled volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, regardless of whether any compensation is paid, submit to a criminal history background check. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual’s criminal history does not preclude the individual from employment with, or provision of services to, the school district.

B. The school district specifically reserves any and all rights it may have to conduct background checks regarding current employees, applicants, or service providers, employees will be given notice and asked to provide consent.

C. Adherence to this policy by the school district shall in no way limit the school district’s right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, volunteers, service providers, independent contractors, and student employees.

III. PROCEDURES

A. Normally an individual will not commence employment or provide services until the school district receives the results of the criminal history background check. The school district may conditionally hire an applicant or allow an individual to provide services pending completion of the background check, but shall notify the individual that the individual’s employment or opportunity to provide services may be terminated based on the result of the background check. Background checks will be performed by Trusted Employees by retrieving criminal history data as defined in Minn. Stat. § 13.87.

B. In order for an individual to be eligible for employment or to provide athletic coaching services or other extracurricular academic coaching services to the school district, except for an enrolled student volunteer, the individual must sign a criminal history consent form, which provides permission for the school district to conduct a criminal history background check at the election of the district of conducting the criminal history background check. The cost of the criminal history background check is the responsibility of the individual, unless the school district decides to pay the costs for a volunteer, an independent contractor, or a student employee. If the individual fails to provide the school district with a signed Informed Consent Form and fee at the time the individual receives a job offer, or permission to provide services, the individual will be considered to have voluntarily withdrawn the application for employment or request to provide services.

C. The school district, in its discretion, may elect not to request a criminal history background check on an individual who holds an initial entrance license issued by the state board of teaching or the commissioner of education within the 12 months preceding an offer of employment or permission to provide services.

D. The school district may use the results of a criminal background check conducted at the request of another school hiring authority if the individual executes a written consent form giving the school district access to the results of the check; and

E. For all non-state residents who are offered employment with or the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, the school district shall request a criminal history background check on such individuals from the superintendent of the BCA and from the government agency performing the same function in the resident state or, if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual’s criminal history does not preclude the individual from employment with, or provision of services to, the school district. Such individuals must provide an executed criminal history consent form.

F. When required, individuals must provide fingerprints to assist in a criminal history background check. If the fingerprints provided by the individual are unusable, the individual will be required to submit another set of prints.

G. Copies of this policy shall be available on the school district’s website. The need to submit to a criminal history background check may be included with the basic criteria for employment or provision of services in the position posting and position advertisements.

H. The individual will be informed of the results of the criminal background check(s) to the extent required by law.

I. If the criminal history background check precludes employment with, or provision Page | 3

of services to, the school district, the individual will be so advised.

J. The school district may apply these procedures to other volunteers, independent contractors, or student employees.

K. At the beginning of each school year or when a student enrolls, the school district will notify parents and guardians about this policy and identify those positions subject to a background check and the extent of the school district’s discretion in requiring a background check. The school district may include this notice in its student handbook, a school policy guide, or other similar communication. A form notice for this purpose is included with this policy.

IV. CRIMINAL HISTORY CONSENT FORM

A form to obtain consent for a criminal history background check is included with this policy.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 13.04, Subd. 4 (Inaccurate or Incomplete Data)
  • Minn. Stat. § 13.87, Subd. 1 (Criminal History Data)
  • Minn. Stat. § 123B.03 (Background Check)
  • Minn. Stat. §§ 299C.60-299C.64 (Minnesota Child Protection Background Check Act)
  • Minn. Stat. § 364.09(b) (Exception for School Districts

Reviewed: 9-20-01, 2-24-05, 10-23-08, 9-24-09, 7-22-10, 12-03-15

Approved: 5-20-96, 10-18-01, 3-17-05, 11-20-08, 10-22-09, 8-19-10, 01-21-16

404P - Volunteer Background Check Procedure

404P - Volunteer Background Check Procedure

Pursuant to Policy 404 – All volunteers are required to undergo a background check, specific guidelines are outlined in the pdf document to the right.

405 - Veteran's Preference - Hiring

POLICY #405

VETERAN’S PREFERENCE

I.         PURPOSE

The purpose of this policy is to comply with the Minnesota Veterans Preference Act (VPA) which provides preference points for veterans applying for employment with political subdivisions, including school districts, as well as additional rights for veterans in the discharge process.

II.        GENERAL STATEMENT OF POLICY

A.        The school district’s policy is to comply with the VPA regarding veteran’s preference rights and mandated preference points to veterans and spouses of deceased veterans or disabled veterans.

B.        The school district’s policy is also to comply with the VPA requirement that no covered veteran may be removed from public employment except for incompetency or misconduct shown after a hearing upon due notice and in writing.  This paragraph does not apply to the position of teacher.

C.        Veteran’s preference points will be applied pursuant to applicable law as follows:

1.         A credit of ten points shall be added to the competitive open examination rating of a non-disabled veteran, who so elects, provided that the veteran obtained a passing rating on the examination without the addition of the credit points.

2.         A credit of fifteen points shall be added to the competitive open examination rating of a disabled veteran, who so elects, provided that the veteran obtained a passing rating on the examination without the addition of the credit points.

3.         A credit of five points shall be added to the competitive promotional examination rating of a disabled veteran, who so elects, provided that (a) the veteran obtained a passing rating on the examination without the addition of the credit points and (b) the veteran is applying for a first promotion after securing public employment.

4.         A preference may be used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who, because of the disability, is unable to qualify.

D.        Eligibility for and application of veteran’s preference, the definition of a veteran, and the definition of a disabled veteran for purposes of this policy will be pursuant to the VPA.

E.         When notifying applicants that they have been accepted into the selection process, the school district shall notify applicants that they may elect to use veteran’s preference.

F.         The school district’s policy is to use a 100-point hiring system to enable allocation of veteran’s preference points. The school district may or may not use a 100-point hiring system for filling teaching positions. If a 100-point hiring system is not used for filling a teaching position, preference points will not be added, but all veteran applicants who have proper licensure for the teaching position will be granted an interview for the position.

G.        If the school district rejects a member of the finalist pool who has claimed veteran’s preference, the school district shall notify the finalist in writing of the reasons for the rejection and file the notice with the school district’s personnel officer.

H.        In accordance with the VPA, no honorably discharged veteran shall be removed from a position of employment except for incompetency, misconduct, or good faith abolishment of position.

1.         Incompetency or misconduct must be shown after a hearing, upon due notice, upon stated charges, in writing.

2.         A veteran must irrevocably elect to be governed either by the VPA or by arbitration provisions set forth in a collective bargaining agreement in the event of a discharge.

I.          The VPA and the provisions of this policy do not apply to the position of private secretary, superintendent, head of a department, or any person holding a strictly confidential relation to the school board or school district.  The VPA and the provisions of this policy apply to teachers only with respect to the hiring process, as set forth in Paragraph F., above.

Source:                       Cambridge-Isanti Schools

Legal References:     

  • Minn. Stat. § 43A.11 (Veteran’s Preference)
  • Minn. Stat. § 197.455 (Veteran’s Preference Applied)
  • Minn. Stat. § 197.46 (Veterans Preference Act)
  • Hall v. City of Champlin, 463 N.W.2d 502 (Minn. 1990)
  • Young v. City of Duluth, 410 N.W.2d 27 (Minn. Ct. App. 1987)

Cross References:      Policy 401 (Equal Employment Opportunity

Reviewed:                   02-21-02, 02-24-05, 11-17-16

Approved:                   03-21-02, 03-17-05, 12-15-16

406 - Public and Private Personnel Data

POLICY #406

PUBLIC AND PRIVATE PERSONNEL DATA



I. PURPOSE

The purpose of this policy is to provide guidance to school district employees as to the data the school district collects and maintains regarding its personnel.



II. GENERAL STATEMENT OF POLICY

A. All data on individuals collected, created, received, maintained or disseminated by the school district, which is classified by statute or federal law as public, shall be accessible to the public pursuant to the procedures established by the school district.

B. All other data on individuals is private or confidential.



III. DEFINITIONS

A. “Public” means that the data is available to anyone who requests it.

B. “Private” means the data is available to the subject of the data and to school district staff who need it to conduct the business of the school district.

C. “Confidential” means the data is not available to the subject.

D. “Parking space leasing data” means the following government data on an application for, or lease of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, location of parking space, and work telephone number.

E. “Personnel data” means government data on individuals maintained because they are or were employees of the school district, applicants for employment, or volunteers or independent contractors for the school district, or members of or applicants for an advisory board or commission. Personnel data include data submitted to the school district by an employee as part of an organized self-evaluation effort by the school district to request suggestions from all employees on ways to cut costs, make the school district more efficient, or to improve school district operations. An employee who is identified in a suggestion shall have access to all data in the suggestion except the identity of the employee making the suggestion.

F. “Finalist” means an individual who is selected to be interviewed by the school board for a position.

G. “Protected health information” means individually identifiable health information transmitted in electronic form by a school district acting as a health care provider. “Protected health information” excludes health information in education records covered by the federal Family Educational Rights and Privacy Act and employment records held by a school district in its role as employer.

H. “Public officials” means business managers; human resource directors; athletic directors whose duties include at least 50 percent of their time spent in administration, personnel, supervision, and evaluation; chief financial officers; directors; and individuals defined as superintendents and principals.



IV. PUBLIC PERSONNEL DATA

A. The following information on employees, including volunteers and independent contractors, is public:

1. name;

2. employee identification number, which may not be the employee’s social security number;

3. actual gross salary;

4. salary range;

5. terms and conditions of employment relationship;

6. contract fees;

7. actual gross pension;

8. the value and nature of employer-paid fringe benefits;

9. the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;

10. job title;

11. bargaining unit;

12. job description;

13. education and training background;

14. previous work experience;

15. date of first and last employment;

16. the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

17. the final disposition of any disciplinary action, as defined in Minn. Stat. § 13.43, Subd. 2(b), together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the school district;

18. the complete terms of any agreement settling any dispute arising out of the employment relationship, including superintendent buyout agreements, except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money, and such agreement may not have the purpose or effect of limiting access to or disclosure of personnel data or limiting the discussion of information or opinions related to personnel data;

19. work location;

20. work telephone number;

21. badge number;

22. work-related continuing education;

23. honors and awards received; and

24. payroll time sheets or other comparable data that are used only to account for employee’s work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other not public data.

B. The following information on applicants for employment is public:

1. veteran status;

2. relevant test scores;

3. rank on eligible list;

4. job history;

5. education and training; and

6. work availability.

C. Names of applicants are private data except when certified as eligible for appointment to a vacancy or when they become finalists for an employment position.

D. Applicants for appointment to a public body.

1. Data about applicants for appointment to a public body are private data on individuals except that the following are public:

a. name;

b. city of residence, except when the appointment has a residency requirement that requires the entire address to be public;

c. education and training;

d. employment history;

e. volunteer work;

f. awards and honors;

g. prior government service;

h. any data required to be provided or that are voluntarily provided in an application for appointment to a multimember agency pursuant to Minn. Stat. § 15.0597; and

i. veteran status.

2. Once an individual is appointed to a public body, the following additional items of data are public:

a. residential address;

b. either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee;

c. first and last dates of service on the public body;

d. the existence and status of any complaints or charges against an appointee; and

e. upon completion of an investigation of a complaint or charge against an appointee, the final investigative report is public, unless access to the data would jeopardize an active investigation.

3. Notwithstanding paragraph 2, any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached.

E. Regardless of whether there has been a final disposition as defined in Minn. Stat. § 13.43, Subd. 2(b), upon completion of an investigation of a complaint or charge against a public official, as defined in Minn. Stat. § 13.43, Subd. 2(e), or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources.

F. Data relating to a complaint or charge against a public official is public only if: (1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or (2) potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement. Data that is classified as private under another law is not made public by this provision.

V. PRIVATE PERSONNEL DATA

A. All other personnel data are private and will only be shared with school district staff whose work requires such access. Private data will not be otherwise released unless authorized by law or by the employee’s informed written consent.

B. Data pertaining to an employee’s dependents are private data on individuals.

C. Data created, collected or maintained by the school district to administer employee assistance programs are private.

D. Parking space leasing data are private.

E. An individual’s checking account number is private when submitted to a government entity.

F. Personnel data may be disseminated to labor organizations to the extent the school district determines it is necessary for the labor organization to conduct its business or when ordered or authorized by the Commissioner of the Bureau of Mediation Services.

G. The school district may display a photograph of a current or former employee to prospective witnesses as part of the school district’s investigation of any complaint or charge against the employee.

H. The school district may, if the responsible authority or designee reasonably determines that the release of personnel data is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, release data that are relevant to the concerns for safety to:

1. the person who may be harmed and to the attorney representing the person when the data are relevant to obtaining a restraining order;

2. a pre-petition screening team conducting an investigation of the employee under Minn. Stat. § 253B.07, Subd. 1; or

3. a court, law enforcement agency, or prosecuting authority.

I. Private personnel data or confidential investigative data on employees may be disseminated to a law enforcement agency for the purpose of reporting a crime or alleged crime committed by an employee, or for the purpose of assisting law enforcement in the investigation of such a crime or alleged crime.

J. A complainant has access to a statement provided by the complainant to the school district in connection with a complaint or charge against an employee.

K. When allegations of sexual or other types of harassment are made against an employee, the employee shall not have access to data that would identify the complainant or other witnesses if the school district determines that the employee’s access to that data would:

1. threaten the personal safety of the complainant or a witness; or

2. subject the complainant or witness to harassment.

If a disciplinary proceeding is initiated against the employee, data on the complainant or witness shall be available to the employee as may be necessary for the employee to prepare for the proceeding.

L. The school district shall make any report to the board of teaching or the state board of education as required by Minn. Stat. § 122A.20, Subd. 2, and shall, upon written request from the licensing board having jurisdiction over a teacher’s license, provide the licensing board with information about the teacher from the school district’s files, any termination or disciplinary proceeding, and settlement or compromise, or any investigative file in accordance with Minn. Stat. § 122A.20, Subd. 2.

M. Private personnel data shall be disclosed to the department of economic security for the purpose of administration of the unemployment insurance program under Minn. Stat. Ch. 268.

N. When a report of alleged maltreatment of a student in a school is made to the Commissioner of Education, data that are relevant and collected by the school about the person alleged to have committed maltreatment must be provided to the Commissioner on request for purposes of an assessment or investigation of the maltreatment report. Additionally, personnel data may be released for purposes of informing a parent, legal guardian, or custodian of a child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.

O. The school district shall release to a requesting school district or charter school private personnel data on a current or former employee related to acts of violence toward or sexual contact with a student, if an investigation conducted by or on behalf of the school district or law enforcement affirmed the allegations in writing prior to release and the investigation resulted in the resignation of the subject of the data; or the employee resigned while a complaint or charge involving the allegations was pending, the allegations involved acts of sexual contact with a student, and the employer informed the employee in writing, before the employee resigned, that if the employee resigns while the complaint or charge is still pending, the employer must release private personnel data about the employee’s alleged sexual contact with a student to a school district or charter school requesting the data after the employee applies for employment with that school district or charter school and the data remain classified as provided in Minn. Stat. Ch. 13. Data that are released under this paragraph must not include data on the student.

P. The identity of an employee making a suggestion as part of an organized self-evaluation effort by the school district to cut costs, make the school district more efficient, or to improve school district operations is private.

Q. Health information on employees is private unless otherwise provided by law. To the extent that the school district transmits protected health information, the school district will comply with all privacy requirements.

R. Personal home contact information for employees may be used by the school district and shared with another government entity in the event of an emergency or other disruption to ensure continuity of operation for the school district or government entity.

S. The personal telephone number, home address, and electronic mail address of a current or former employee of a contractor or subcontractor maintained as a result of a contractual relationship between the school district and a contractor or subcontractor entered on or after August 1, 2012, are private data. These data must be shared with another government entity to perform a function authorized by law. The data also must be disclosed to a government entity or any person for prevailing wage purposes.

T. When a teacher is discharged immediately because the teacher’s license has been revoked due to a conviction for child abuse or sexual abuse or when the Commissioner of the Minnesota Department of Education (MDE) makes a final determination of child maltreatment involving a teacher, the school principal or other person having administrative control of the school must include in the teacher’s employment record the information contained in the record of the disciplinary action or the final maltreatment determination, consistent with the definition of public data under Minn. Stat. § 13.41, Subd. 5, and must provide the Board of Teaching and the licensing division at MDE with the necessary and relevant information to enable the Board of Teaching and MDE’s licensing division to fulfill their statutory and administrative duties related to issuing, renewing, suspending, or revoking a teacher’s license. In addition to the background check required under Minn. Stat. § 123B.03, a school board or other school hiring authority must contact the Board of Teaching and MDE to determine whether the teacher’s license has been suspended or revoked, consistent with the discharge and final maltreatment determinations. Unless restricted by federal or state data practices law or by the terms of a collective bargaining agreement, the responsible authority for a school district must disseminate to another school district private personnel data on a current or former teacher (employee or contractor) of the district, including the results of background investigations, if the requesting school district seeks the information because the subject of the data has applied for employment with the requesting school district.



VI. MULTIPLE CLASSIFICATIONS

If data on individuals are classified as both private and confidential by Minn. Stat. Ch. 13, or any other state or federal law, the data are private.



VII. CHANGE IN CLASSIFICATIONS

The school district shall change the classification of data in its possession if it is required to do so to comply with other judicial or administrative rules pertaining to the conduct of legal actions or with a specific statute applicable to the data in the possession of the disseminating or receiving agency.



VIII. RESPONSIBLE AUTHORITY

The school district has designated Director of Administrative Services and Human Resources 763-689-6235 as the authority responsible for personnel data. If you have any questions, contact him or her.



IX. EMPLOYEE AUTHORIZATION/RELEASE FORM

An employee authorization form is included as an addendum to this policy.

Source: Cambridge-Isanti Schools

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

     Minn. Stat. § 13.02 (Definitions)

     Minn. Stat. § 13.37 (General Nonpublic Data)

     Minn. Stat. § 13.39 (Civil Investigation Data)

     Minn. Stat. § 13.43 (Personnel Data)

     Minn. Stat. § 122A.20, Subd. 2 (Mandatory Reporting)

     Minn. Stat. § 122A.40, Subds. 13 and 16 (Employment; Contracts; Termination)

     Minn. Stat. § 626.556, Subd. 7 (Reporting of Maltreatment of Minors)

     P.L. 104-191 (HIPAA)

     45 C.F.R. Parts 160 and 164 (HIPAA Regulations)

Cross References:

     Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings

           and Data Privacy Considerations)

     Policy 515 (Protection and Privacy of Pupil Records)

     MSBA Service Manual, Chapter 13, School Law Bulletin “I” (School Records – Privacy – Access to Data)

Reviewed: 6/21/01, 8-21-03, 4-22-04, 2-24-05, 2-21-06, 7-22-10, 03-24-16

Approved: 8/21/97, 7/23/01, 9-18-03, 5-20-04, 3-17-05, 3-23-06, 8-19-10,

04-21-16

407 - Employee Right to Know

POLICY #407

EMPLOYEE RIGHT TO KNOW – EXPOSURE TO HAZARDOUS SUBSTANCES

  1.        PURPOSE

The purpose of this policy is to provide school district employees a place of employment and conditions of employment free from recognized hazards that are likely to cause death or serious injury or harm.  (Minn. Stat. § 182.653, Subd. 2)

II.        GENERAL STATEMENT OF POLICY

The policy of this school district is to provide information and training to employees who may be “routinely exposed” to a hazardous substance, harmful physical agent, infectious agent, or blood borne pathogen.

III.      DEFINITIONS

A.        “Commissioner” means the Commissioner of Labor and Industry.

B.        “Routinely exposed” means that there is a reasonable potential for exposure during the normal course of assigned work or when an employee is assigned to work in an area where a hazardous substance has been spilled.

C.        “Hazardous substance” means a chemical or substance, or mixture of chemicals and substances, which:

1.         is regulated by the Federal Occupational Safety and Health Administration under the Code of Federal Regulations; or

2.         is either toxic or highly toxic; an irritant; corrosive; a strong oxidizer; a strong sensitizer; combustible; either flammable or extremely flammable; dangerously reactive; pyrophoric; pressure-generating; compressed gas; carcinogen; teratogen; mutagen; reproductive toxic agent; or that otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance; or

3.         is determined by the commissioner as a part of the standard for the chemical or substance or mixture of chemicals and substances to present a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination.

D.        “Harmful physical agent” means a physical agent determined by the commissioner as a part of the standard for that agent to present a significant risk to worker health or safety or imminent danger of death or serious physical harm to an employee.  This definition includes, but is not limited to, radiation, whether ionizing or nonionizing.

E.         “Infectious agent” means a communicable bacterium, rickettsia, parasites, virus, or fungus determined by the commissioner by rule, with approval of the commissioner of health, which, according to documented medical or scientific evidence, causes substantial acute or chronic illness or permanent disability as a foreseeable and direct result of any routine exposure to the infectious agent.  Infectious agent does not include an agent in or on the body of a patient before diagnosis.

F.         “Blood borne pathogen” means a pathogenic microorganism that is present in human blood and can cause disease in humans.  This definition includes, but is not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

IV.      TARGET JOB CATEGORIES

Annual training will be provided to all full- and part-time employees who are “routinely exposed” to a hazardous substance, harmful physical agent, infectious agent, or blood borne pathogen as set forth above.

V.        TRAINING SCHEDULE

Training will be provided to employees before beginning a job assignment as follows:

A.        Any newly hired employee assigned to a work area where he or she is determined to be “routinely exposed” under the guidelines above.

B.        Any employee reassigned to a work area where he or she is determined to be “routinely exposed” under the above guidelines.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. Ch. 182 (Occupational Safety and Health)

    Minn. Rules Ch. 5205 (Safety and Health Standards)

    Minn. Rules Ch. 5206 (Employee Right to Know Standards)

    29 C.F.R. § 1910.1050, App. B (Substance Technical Guidelines)

 

Cross References:      Policy 420 (Students and Employees with Sexually

                                     Transmitted Infections and Diseases and Certain Other Communicable

                                     Diseases and Infectious Conditions)

     Policy 807 (Health and Safety Policy)

Reviewed:                   07-23-01, 07-17-03, 3-22-07, 02-23-17

Approved:                  08-23-01, 08-21-03, 4-19-07, 03-23-17

408 - Subpoena of a School District Employee

409 - Employee Publications, Instructional Materials, Inventions and Creations

POLICY # 409

EMPLOYEE PUBLICATIONS, INSTRUCTIONAL

MATERIALS, INVENTIONS, AND CREATIONS

I. PURPOSE

The purpose of this policy is to identify and reserve the proprietary rights of the school district to certain publications, instructional materials, inventions, and creations which employees may develop or create, or assist in developing or creating, while employed by the school district.

II. GENERAL STATEMENT OF POLICY

Unless the employee develops, creates or assists in developing or creating a publication, instructional material, computer program, invention or creation entirely on the employee’s own time and without the use of any school district facilities or equipment, the employee shall immediately disclose and, on demand of the school district, assign any rights to publications, instructional materials, computer programs, materials posted on websites, inventions or creations which the employee develops or creates or assists in developing or creating during the term of employee’s employment and for 10 years unless otherwise agreed thereafter. In addition, employees shall sign such documents and perform such other acts as may be necessary to secure the rights of the school district relating to such publications, instructional materials, computer programs, materials posted on websites, inventions and/or creations, including domestic and foreign patents and copyrights.

III. NOTICE OF POLICY

The school district shall give employees notice of this policy by such means as are reasonably likely to inform them of this policy.

Source: Cambridge-Isanti Schools

Legal References: Minn. Stat. § 181.78 (Agreements; Terms Relating to Inventions)

17 U.S.C. § 101 et seq. (Copyrights)

Review: 10.13.16

Approved: 11-17-16

410 - Family and Medical Leave

410F - Family Medical Leave

 

Dear Cambridge-Isanti Employee:

In regards to your recent requested leave or situation, this written notification is provided to you. You may be eligible for leave including the Family Medical Leave Act (FMLA), which allows for an employee to take up to 12 weeks of unpaid leave in certain situations and meeting certain criteria. Please refer to the Cambridge-Isanti Public Schools FMLA Policy No. 410 and contract language. More information may be found under the Family Medical Leave Act of 1993, Title 29, Part 825 of the Code of Federal Regulations, on the Cambridge-Isanti web page, under "Staff Resources" and from the Human Resources Department.

Cambridge-Isanti Public Schools is requesting you complete a "medical certification form" within 15 days of this written notice. The "medical certification form" requires a health care provider’s signature. The purpose for requesting the information is to determine whether the employee is entitled to use accumulated sick leave and/or the entitlement to other leave and benefits.

The School District collects information on employee use of sick leave, qualification for FMLA leave, and other employee benefits. This may include, but is not limited to, the reasons for sick leave use, whether the sick leave is for use by the employee or for a family member, and the number of hours/days to care for family members. In this communication, the School District provides documents to complete regarding your eligibility for leave. Similarly, the School District may request information regarding your eligibility for other contractual and statutory leaves and benefits, as well as your eligibility for workplace accommodations.

Depending upon the Contract Bargaining Agreement/Letter of Assignment or other agreement with your employer, the School District will require a medical certificate after 3 days of absence of the employee for themselves or a family member. If it is for a family member, the medical certificate must state that the employee’s attendance to care for the family member is necessary and for how long.

You are not legally required to provide the information requested regarding the use of sick leave and other benefits. However, the failure to provide requested information may result in sick leave, accommodations, and other benefits being denied.

The information may be shared with: Superintendent, Human Resources, Administrator/Principal, and Payroll. Questions about FMLA or other leave questions should be directed to Pamela Mix, Human Resources Specialist at 763-689-6209.

412 - Expense Reimbursement

POLICY #412

EXPENSE REIMBURSEMENT

I. PURPOSE

The purpose of this policy is to identify school district business expenses that involve initial payment by an employee, and qualify for reimbursement from the school district, and to specify the manner by which the employee seeks reimbursement.

II. GENERAL STATEMENT OF POLICY

All school district business expenses to be reimbursed must be pre-approved by the supervising administrator. Such expenses to be reimbursed may include transportation, meals, lodging, registration fees, required materials, parking fees, tips and other reasonable and necessary school district business-related expenses within the framework of the School Board adopted budgets.

Requests for reimbursement must be itemized on the official school district form and are to be submitted to the designated administrator. Itemized receipts for lodging, commercial transportation, registration, and other reasonable and necessary expenses must be attached to the reimbursement form.

III. REIMBURSEMENT

A. AUTOMOBILE TRAVEL

1. Automobile travel shall be reimbursed at the IRS mileage rate. Commercial transportation shall reflect economy fares and shall be reimbursed only for the actual cost of the trip.

2. Travel within the district shall be reimbursed round trip from a designated home base. The administration shall designate the home base location. The home base concept will also apply to agencies which the district hosts.

B. AIRLINE TRAVEL CREDIT

1. Employees utilizing school district funds to pay for airline travel are required to ensure that any credits or other benefits issued by any airline accrue to the benefit of the school district rather than the employee.

a. To the extent an airline will not honor a transfer or assignment of credit or benefit from the employee to the school district, the employee shall report receipt of the credit or benefit to the designated administrator within 90 days of receipt of the credit or benefit.

b. Reports of the receipt of an airline credit or benefit shall be made in writing and shall include verification from the airline as to the credit or benefit received. Reimbursement for airline travel expenses will not be made until such documentation is provided.

2. Employees who have existing credits or benefits issued by an airline based upon previously reimbursed airline travel for school district purposes will be required to utilize those credits or benefits toward any subsequent airline travel related to school district purposes, prior to reimbursement for such travel, to the extent permitted and/or feasible.

3. The requirements of this section apply to all airline travel, regardless of where or how the tickets are purchased.

C. EMPLOYEE-OWNED CELL PHONE

1. Employees that are required to have a cellular device to perform certain job responsibilities may choose to use their own cell phone and receive a reimbursement for such use. See Cell Phone Procedure for qualifications and eligibility requirements.

2. In accordance with state and federal privacy laws, encryption or password protection should be used to safeguard student information stored on cellular devices, whether district-owned or employee-owned.

IV. ESTABLISHMENT OF DIRECTIVES AND GUIDELINES

The superintendent shall develop a schedule of reimbursement rates for school district business expenses, including those expenses requiring advance approval and specific rates of reimbursement. The superintendent shall also develop directives and guidelines to address methods and times for submission of requests for reimbursement.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 15.435 (Airline Travel Credit)
  • Minn. Stat. § 471.665 (Mileage Allowances)
  • Minn. Op. Atty. Gen. 1035 (Aug. 23, 1999) (Retreat Expenses)
  • Minn. Op. Atty. Gen. 161b-12 (Aug. 4, 1997) (Transportation Expenses)
  • Minn. Op. Atty. Gen. 161B-12 (Jan. 24, 1989) (Operating Expenses of Car)
  • Minn. Stat. §13 (Data Practices Act)

Cross References:

  • Policy #214 (Out-of-State Travel by School Board Members)
  • Policy #701.2 (Purchasing Policy)

Reviewed: 10-18-01, 2-21-06, 3-22-07, 9-24-09, 03-19-15, 07-21-16

Approved: 11-15-01, 3-23-06, 4-19-07, 10-22-09, 04-23-15, 08-18-16

412F - Expense Reimbursement Form 2016

The attached form can be printed, completed, and turned in to the appropriate supervisor for approval.

413 - Harassment and Violence

POLICY #413

HARASSMENT AND VIOLENCE

I.         PURPOSE

The purpose of this policy is to maintain a learning and working environment that is free from harassment and violence on the basis of race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability.

II.        GENERAL STATEMENT OF POLICY

A.        The policy of the school district is to maintain a learning and working environment that is free from harassment and violence on the basis of race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability.  The school district prohibits any form of harassment or violence on the basis of race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability.

B.        A violation of this policy occurs when any student, teacher, administrator, or other school district personnel harasses a student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel through conduct or communication based on a person’s race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability, as defined by this policy.  (For purposes of this policy, school district personnel includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the district.)

C.        A violation of this policy occurs when any student, teacher, administrator, or other school district personnel inflicts, threatens to inflict, or attempts to inflict violence upon any student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel based on a person’s race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability.

D.        The school district will act to investigate all complaints, either formal or informal, verbal or written, of harassment or violence based on a person’s race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability, and to discipline or take appropriate action against any student, teacher, administrator, or other school district personnel who is found to have violated this policy.

III.      DEFINITIONS

  1. “Assault” is: 1.      an act done with intent to cause fear in another of immediate bodily harm or death;

2.         the intentional infliction of or attempt to inflict bodily harm upon another; or

3.         the threat to do bodily harm to another with present ability to carry out the threat.

B.        “Harassment” prohibited by this policy consists of physical or verbal conduct, including, but not limited to, electronic communications, relating to an individual’s or group of individuals’ race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability when the conduct:

1.         has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;

2.         has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or

3.         otherwise adversely affects an individual’s employment or academic opportunities.

C.        “Immediately” means as soon as possible but in no event longer than 24 hours.

D.        Protected Classifications; Definitions

1.         “Disability” means any condition or characteristic that renders a person a disabled person.  A disabled person is any person who:

a.         has a physical, sensory, or mental impairment which materially limits one or more major life activities;

b.         has a record of such an impairment; or

c.         is regarded as having such an impairment.

2.         “Familial status” means the condition of one or more minors being domiciled with:

a.         their parent or parents or the minor’s legal guardian; or

b.         the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against harassment on the basis of family status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.

3.         “Marital status” means whether a person is single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against harassment on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.

4.         “National origin” means the place of birth of an individual or of any of the individual’s lineal ancestors.

5.         “Sex” includes, but is not limited to, pregnancy, childbirth, and disabilities related to pregnancy or childbirth.

6.         “Sexual orientation” means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness. “Sexual orientation” does not include a physical or sexual attachment to children by an adult.

7.         “Status with regard to public assistance” means the condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.

E.         “Remedial response” means a measure to stop and correct acts of harassment or violence, prevent acts of harassment or violence from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of acts of harassment or violence.

F.         Sexual Harassment; Definition

1.         Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

a.         submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment or an education; or

b.         submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment or education; or

c.         that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment.

2.         Sexual harassment may include, but is not limited to:

a.         unwelcome verbal harassment or abuse;

b.         unwelcome pressure for sexual activity;

c.         unwelcome, sexually motivated, or inappropriate patting, pinching, or physical contact, other than necessary restraint of student(s) by teachers, administrators, or other school district personnel to avoid physical harm to persons or property;

d.         unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment or educational status;

e.         unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status; or

f.          unwelcome behavior or words directed at an individual because of gender.

G.        Sexual Violence; Definition

1.         Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another’s intimate parts, or forcing a person to touch any person’s intimate parts.  Intimate parts, as defined in Minn. Stat. § 609.341, includes the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.

2.         Sexual violence may include, but is not limited to:

a.         touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;

b.         coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;

c.         coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; or

d.         threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

H.        Violence; Definition

Violence prohibited by this policy is a physical act of aggression or assault upon another or group of individuals because of, or in a manner reasonably related to, race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability.

IV.       REPORTING PROCEDURES

A.        Any person who believes he or she has been the target or victim of harassment or violence on the basis of race, color, creed, religion, national origin, sex, gender, age, marital status, familial status, status with regard to public assistance, sexual orientation, or disability by a student, teacher, administrator, or other school district personnel, or any person with knowledge or belief of conduct which may constitute harassment or violence prohibited by this policy toward a student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel should report the alleged acts immediately to an appropriate school district official designated by this policy. A person may report conduct which may constitute harassment or violence anonymously.  However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.

B.        The school district encourages the reporting party or complainant to use the report form available from the principal or building supervisor of each building or available from the school district office, but oral reports shall be considered complaints as well.

C.        Nothing in this policy shall prevent any person from reporting harassment or violence directly to a school district human rights officer or to the superintendent.  If the complaint involves the building report taker, the complaint shall be made or filed directly with the superintendent or the school district human rights officer by the reporting party or complainant.

D.        In each school building, the building principal, the principal’s designee, or the building supervisor (hereinafter the “building report taker”) is the person responsible for receiving oral or written reports of harassment or violence prohibited by this policy at the building level.  Any adult school district personnel who receives a report of harassment or violence prohibited by this policy shall inform the building report taker immediately. If the complaint involves the building report taker, the complaint shall be made or filed directly with the superintendent or the school district human rights officer by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as a primary contact on policy and procedural matters.

E.         A teacher, school administrator, volunteer, contractor, or other school employee shall be particularly alert to possible situations, circumstances, or events that might include acts of harassment or violence.  Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute harassment or violence shall make reasonable efforts to address and resolve the harassment or violence and shall inform the building report taker immediately.  School district personnel who fail to inform the building report taker of conduct that may constitute harassment or violence or who fail to make reasonable efforts to address and resolve the harassment or violence in a timely manner may be subject to disciplinary action.

F.         Upon receipt of a report, the building report taker must notify the school district human rights officer immediately, without screening or investigating the report.  The building report taker may request, but may not insist upon, a written complaint.  A written statement of the facts alleged will be forwarded as soon as practicable by the building report taker to the human rights officer.  If the report was given verbally, the building report taker shall personally reduce it to written form within 24 hours and forward it to the human rights officer.  Failure to forward any harassment or violence report or complaint as provided herein may result in disciplinary action against the building report taker.

G.        In the District.  The school board hereby designates The Director of Administrative Services and Human Resources or designee as the school district human rights officer(s) to receive reports or complaints of harassment or violence prohibited by this policy.  If the complaint involves a human rights officer, the complaint shall be filed directly with the superintendent.

H.        The school district shall conspicuously post the name of the human rights officer(s), including mailing addresses and telephone numbers.

I.          Submission of a good faith complaint or report of harassment or violence prohibited by this policy will not affect the complainant or reporter’s future employment, grades, work assignments, or educational or work environment.

J.         Use of formal reporting forms is not mandatory.

K.        Reports of harassment or violence prohibited by this policy are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.

L.         The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations.

M.       Retaliation against a victim, good faith reporter, or a witness of violence or harassment is prohibited.

N.        False accusations or reports of violence or harassment against another person are prohibited.

O.        A person who engages in an act of violence or harassment, reprisal, retaliation, or false reporting of violence or harassment, or permits, condones, or tolerates violence or harassment shall be subject to discipline or other remedial responses for that act in accordance with the school district’s policies and procedures. Consequences for students who commit, or are a party to, prohibited acts of violence or harassment or who engage in reprisal or intentional false reporting may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion.

Consequences for employees who permit, condone, or tolerate violence or harassment or engage in an act of reprisal or intentional false reporting of violence or harassment may result in disciplinary action up to and including termination or discharge.

Consequences for other individuals engaging in prohibited acts of violence or harassment may include, but not be limited to, exclusion from school district property and events and/or termination of services and/or contracts.

V.        INVESTIGATION

A.        By authority of the school district, the human rights officer, within three (3) days of the receipt of a report or complaint alleging harassment or violence prohibited by this policy, shall undertake or authorize an investigation.  The investigation may be conducted by school district officials or by a third party designated by the school district.

B.        The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint.  The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

C.        In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved, and the context in which the alleged incidents occurred.  Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

D.        In addition, the school district may take immediate steps, at its discretion, to protect the target or victim, the complainant, and students, teachers, administrators, or other school district personnel pending completion of an investigation of alleged harassment or violence prohibited by this policy.

E.         The alleged perpetrator of the act(s) of harassment or violence shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.

F.         The investigation will be completed as soon as practicable.  The school district human rights officer shall make a written report to the superintendent upon completion of the investigation.  If the complaint involves the superintendent, the report may be filed directly with the school board.  The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

VI.       SCHOOL DISTRICT ACTION

A.        Upon completion of an investigation that determines a violation of this policy has occurred, the school district will take appropriate action.  Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited behavior.  School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law, and applicable school district policies and regulations.

B.        The school district is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district.  School officials will notify the parent(s) or guardian(s) of targets or victims of harassment or violence and the parent(s) or guardian(s) of alleged perpetrators of harassment or violence who have been involved in a reported and confirmed harassment or violence incident of the remedial or disciplinary action taken, to the extent permitted by law.

C.        In order to prevent or respond to acts of harassment or violence committed by or directed against a child with a disability, the school district shall, where determined appropriate by the child’s individualized education program (IEP) or Section 504 team, allow the child’s IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child’s disability to allow the child to respond to or not to engage in acts of harassment or violence.

VII.     RETALIATION OR REPRISAL

The school district will discipline or take appropriate action against any student, teacher, administrator, or other school district personnel who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged harassment or violence prohibited by this policy, who testifies, assists, or participates in an investigation of retaliation or alleged harassment or violence, or who testifies, assists, or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment.  Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the harassment or violence.  Remedial responses to the harassment or violence shall be tailored to the particular incident and nature of the conduct.

VIII.   RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action, or seeking redress under state criminal statutes and/or federal law.

IX.      HARASSMENT OR VIOLENCE AS ABUSE

A.        Under certain circumstances, alleged harassment or violence may also be possible abuse under Minnesota law.  If so, the duties of mandatory reporting under Minn. Stat. § 626.556 may be applicable.

B.        Nothing in this policy will prohibit the school district from taking immediate action to protect victims of alleged harassment, violence, or abuse.

X.        DISSEMINATION OF POLICY AND TRAINING

A.        This policy shall be conspicuously posted throughout each school building in areas accessible to students and staff members.

B.        This policy shall be given to each school district employee and independent contractor who regularly interacts with students at the time of initial employment with the school district.

C.        This policy shall appear in the student handbook.

D.        The school district will develop a method of discussing this policy with students and employees.

E.         The school district may implement violence prevention and character development education programs to prevent and reduce policy violations.  Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.

F.         This policy shall be reviewed at least annually for compliance with state and federal law.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 120B.232 (Character Development Education)

Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and Violence Policy)

Minn. Stat. § 121A.031 (School Student Bullying Policy)

Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

Minn. Stat. § 609.341 (Definitions)

Minn. Stat. § 626.556 et seq. (Reporting of Maltreatment of Minors)

20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972)

29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act)

29 U.S.C. § 794 (Rehabilitation Act of 1973, § 504)

42 U.S.C. § 1983 (Civil Action for Deprivation of Rights)

42 U.S.C. § 2000d et seq. (Title VI of the Civil Rights Act of 1964)

42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)

                                    42 U.S.C. § 12101 et seq. (Americans with Disabilities Act)

Cross References:     Policy 102 (Equal Educational Opportunity)

Policy 401 (Equal Employment Opportunity)

Policy 402 (Disability Nondiscrimination Policy)

Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

Policy 406 (Public and Private Personnel Data)

Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)

Policy 506 (Student Discipline)

Policy 514 (Bullying Prohibition Policy)

Policy 515 (Protection and Privacy of Pupil Records)

Policy 521 (Student Disability Nondiscrimination)

Policy 522 (Student Sex Nondiscrimination)

Policy 524 (Internet Acceptable Use and Safety Policy)

Policy 525 (Violence Prevention)

Policy 526 (Hazing Prohibition)

                                   Policy 528 (Student Parental, Family, and Marital Status

                                   Nondiscrimination)

Reviewed:                   7-23-01, 2-19-04, 2-21-06, 6-21-07, 03-19-15, 02-23-17

Approved:                   4-23-87, 7-19-90, 8-19-93, 4-22-96, 8-22-96, 8-23-01, 2-19-04, 3-23-06, 7-19-07,

                                     04-23-15, 03-23-17

413F - Harassment and Violence Form

Please open the pdf document to the right to access and print the pdf form.

414 - Mandated Reporting of Child Neglect or Physical or Sexual Abuse

414 Form - Student Maltreatment Reporting

414F - Student Maltreatment Reporting Form

Please select the pdf to the right OR you can access it using the link below:

State of MN - Student Maltreatment Reporting Form

 

415 - Mandated Reporting of Maltreatment of Vulnerable Adults

416 - Drug and Alcohol Testing

POLICY #416

DRUG AND ALCOHOL TESTING

I. PURPOSE

A. The school board recognizes the significant problems created by drug and alcohol use in society in general, and the public schools in particular. The school board further recognizes the important contribution that the public schools have in shaping the youth of today into the adults of tomorrow.

B. The school board believes that a work environment free of drug and alcohol use will be not only safer, healthier, and more productive but also more conducive to effective learning. Therefore, to provide such an environment, the purpose of this policy is to provide authority so that the school board may require all employees and/or job applicants to submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in federal law and Minn. Stat. §§ 181.950-181.957.

II. GENERAL STATEMENT OF POLICY

A. All school district employees and job applicants whose positions require a commercial driver’s license will be required to undergo drug and alcohol testing in accordance with federal law and the applicable provisions of this policy. The school district also may request or require that drivers submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in Minn. Stat. §§ 181.950-181.957.

B. The school district may request or require that any school district employee or job applicant, other than an employee or applicant whose position requires a commercial driver’s license, submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in Minn. Stat. §§ 181.950- 181.957.

C. The use, possession, sale, purchase, transfer, or dispensing of any drugs not medically prescribed is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of drugs which are not medically prescribed is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of drugs which are not medically prescribed are prohibited from entering or remaining on school district property.

D. The use, possession, sale, purchase, transfer, or dispensing of alcohol is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of alcohol is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of alcohol are prohibited from entering or remaining on school district property.

E. Any employee who violates this section shall be subject to discipline which includes, but is not limited to, immediate suspension without pay and immediate discharge.

III. FEDERALLY MANDATED DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

A. General Statement of Policy

All persons subject to commercial driver’s license requirements shall be tested for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP), pursuant to federal law. Drivers who test positive for alcohol or drugs shall be subject to disciplinary action, which may include termination of employment.

B. Definitions

1. "Actual Knowledge" means actual knowledge by the school district that a driver has used alcohol or controlled substances based on: (a) direct observation of the employee’s use (not observation of behavior sufficient to warrant reasonable suspicion testing); (b) information provided by a previous employer; (c) a traffic citation; or (d) an employee’s admission, except when made in connection with a qualified employee self-admission program.

2. "Alcohol Screening Device" (ASD) means a breath or saliva device, other than an Evidential Breath Testing Device (EBT), that is approved by the National Highway Traffic Safety Administration and placed on its Conforming Products List for such devices.

3. "Breath Alcohol Technician" (BAT) means an individual who instructs and assists individuals in the alcohol testing process and who operates the EBT.

4. "Commercial Motor Vehicle" (CMV) includes a vehicle which is designed to transport 16 or more passengers, including the driver.

5. "Designated Employer Representative" (DER) means a designated school district representative authorized to take immediate action to remove employees from safety-sensitive duties, to make required decisions in the testing and evaluation process, and to receive test results and other communications for the school district.

6. "Department of Transportation" (DOT) means United States Department of Transportation.

7. "Driver" is any person who operates a CMV, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers, and independent owner-operator contractors. Drivers also includes any operation requiring training beyond D. i.e. Class 3 and Driver Education Instructors.

8. "Evidential Breath Testing Device" (EBT) means a device approved by the National Highway Traffic Safety Administration for the evidentiary testing of breath for alcohol concentration and placed on its Conforming Products List for such devices.

9. "Medical Review Officer" (MRO) means a licensed physician responsible for receiving and reviewing laboratory results generated by the school district’s drug testing program and for evaluating medical explanations for certain drug tests.

10. "Refusal to Submit" (to an alcohol or controlled substances test) means that a driver: (a) fails to appear for any test within a reasonable time, as determined by the school district, consistent with applicable DOT regulations, after being directed to do so; (b) fails to remain at the testing site until the testing process is complete; (c) fails to provide a urine specimen or an adequate amount of saliva or breath for any DOT drug or alcohol test; (d) fails to permit the observation or monitoring of the driver’s provision of a specimen in the case of a directly observed or monitored collection in a drug test; (e) fails to provide a sufficient breath specimen or sufficient amount of urine when directed and a determination has been made that no adequate medical explanation for the failure exists; (f) fails or declines to take an additional test as directed; (g) fails to undergo a medical examination or evaluation, as directed by the MRO or the DER; (h) fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector, fails to sign the certification on the forms); (i) fails to follow the observer’s instructions, in an observed collection, to raise the driver’s clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if the driver has any type of prosthetic or other device that could be used to interfere with the collection process; (j) possesses or wears a prosthetic or other device that could be used to interfere with the collection process; (k) admits to the collector or MRO that the driver adulterated or substituted the specimen; or (l) is reported by the MRO as having a verified adulterated or substituted test result. An applicant who fails to appear for a pre-employment test, who leaves the testing site before the pre-employment testing process commences, or who does not provide a urine specimen because he or she has left before it commences is not deemed to have refused to submit to testing.

11. "Safety-sensitive functions" are on-duty functions from the time the driver begins work or is required to be in readiness to work until relieved from work, and include such functions as driving, loading and unloading vehicles, or supervising or assisting in the loading or unloading of vehicles, servicing, repairing, obtaining assistance to repair, or remaining in attendance during the repair of a disabled vehicle.

12. "Screening Test Technician" (STT) means anyone who instructs and assists individuals in the alcohol testing process and operates an ASD.

13. "Stand Down" means to temporarily remove an employee from performing safety-sensitive functions after a laboratory reports a confirmed positive, an adulterated, or a substituted test result but before the MRO completes the verification process.

14. "Substance Abuse Professional" (SAP) means a qualified person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

C. Policy and Educational Materials

1. The school district shall provide a copy of this policy and procedures to each driver prior to the start of its alcohol and drug testing program and to each driver subsequently hired or transferred into a position requiring driving of a CMV.

2. The school district shall provide to each driver information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or drug problem; and available methods of intervening when an alcohol or drug problem is suspected, including confrontation, referral to an employee assistance program, and/or referral to management.

3. The school district shall provide written notice to representatives of employee organizations that the information described above is available.

4. The school district shall require each driver to sign a statement certifying that he or she has received a copy of the policy and materials. This statement should be in the form of Attachment A to this policy. The school district will maintain the original signed certificate and will provide a copy to the driver if the driver so requests.

D. Alcohol and Controlled Substances Testing Program Manager

1. The program manager will coordinate the implementation, direction, and administration of the alcohol and controlled substances testing policy for bus drivers. The program manager is the principal contact for the collection site, the testing laboratory, the MRO, the BAT, the SAP, and the person submitting to the test. Employee questions concerning this policy shall be directed to the program manager.

2. The school district shall designate a program manager and provide written notice of the designation to each driver along with this policy.

E. Specific Prohibitions for Drivers

1. Alcohol Concentration. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers who test greater than 0.04 will be taken out of service and will be subject to evaluation by a professional and retesting at the driver’s expense.

2. Alcohol Possession. No driver shall be on duty or operate a CMV while the driver possesses alcohol.

3. On-Duty Use. No driver shall use alcohol while performing safety-sensitive functions.

4. Pre-Duty Use. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.

5. Use Following an Accident. No driver required to take a post-accident test shall use alcohol for eight (8) hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.

6. Refusal to Submit to a Required Test. No driver shall refuse to submit to an alcohol or controlled substances test required by post-accident, random, reasonable suspicion, return-to-duty, or follow-up testing requirements. A verified adulterated or substituted drug test shall be considered a refusal to test.

7. Use of Controlled Substances. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to instructions (which have been presented to the school district) from a licensed physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a CMV.

8. Positive, Adulterated, or Substituted Test for Controlled Substance. No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive for controlled substances or has adulterated or substituted a test specimen for controlled substances.

9. General Prohibition. Drivers are also subject to the general policies and procedures of the school district which prohibit the possession, transfer, sale, exchange, reporting to work under the influence of drugs or alcohol, and consumption of drugs or alcohol while at work or while on school district premises or operating any school district vehicle, machinery, or equipment.

F. Other Alcohol-Related Conduct

No driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform safety-sensitive functions for at least twenty-four (24) hours following administration of the test. The school district will not take any action under this policy other than removal from safety-sensitive functions based solely on test results showing an alcohol concentration of less than 0.04 but may take action otherwise consistent with law and policy of the school district.

G. Prescription Drugs

A driver shall inform his or her supervisor if at any time the driver is using a controlled substance pursuant to a physician’s prescription. The physician’s instructions shall be presented to the school district upon request. Use of a prescription drug shall be allowed if the physician has advised the driver that the prescribed drug will not adversely affect the driver’s ability to safely operate a CMV.

H. Testing Requirements

1. Pre-Employment Testing

a. A driver applicant shall undergo testing for [alcohol and] controlled substances before the first time the driver performs safety-sensitive functions for the school district.

b. Tests shall be conducted only after the applicant has received a conditional offer of employment.

c. In order to be hired, the applicant must test negative and must sign an agreement in the form of Attachment B to this policy, authorizing former employers to release to the school district all information on the applicant’s alcohol tests with results of blood alcohol concentration of 0.04 or higher, or verified positive results for controlled substances, or refusals to be tested (including verified adulterated or substituted drug test results), or any other violations of DOT agency drug and alcohol testing regulations, or, if the applicant violated the testing regulations, documentation of the applicant’s successful completion of DOT return-to-duty requirements (including follow-up tests), within the preceding two (2) years.

d. The applicant also must be asked whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee, during the last two (2) years, applied for, but did not obtain, safety-sensitive transportation work covered by DOT testing rules.

2. Post-Accident Testing

a. As soon as practicable following an accident involving a CMV, the school district shall test the driver for alcohol and controlled substances if the accident involved the loss of human life or if the driver receives a citation for a moving traffic violation arising from an accident which results in bodily injury or disabling damage to a motor vehicle.

b. Drivers should be tested for alcohol use within two (2) hours and no later than eight (8) hours after the accident.

c. Drivers should be tested for controlled substances no later than thirty-two (32) hours after the accident.

d. A driver subject to post-accident testing must remain available for testing, or shall be considered to have refused to submit to the test.

e. If a post-accident alcohol test is not administered within two (2) hours following the accident, the school district shall prepare and maintain on file a record stating the reasons the test was not promptly administered and continue to attempt to administer the alcohol test within eight (8) hours.

f. If a post-accident alcohol test is not administered within eight (8) hours following the accident or a post-accident controlled substances test is not administered within thirty-two (32) hours following the accident, the school district shall cease attempts to administer the test, and prepare and maintain on file a record stating the reasons for not administering the test.

3. Random Testing

a. The school district shall conduct tests on a random basis at unannounced times throughout the year, as required by the federal regulations.

b. The school district shall test for alcohol at a minimum annual percentage rate of 10% of the average number of driver positions, and for controlled substances, at a minimum annual percentage of 50%.

c. The school district shall adopt a scientifically valid method for selecting drivers for testing, such as random number table or a computer-based random number generator that is matched with identifying numbers of the drivers. Each driver shall have an equal chance of being tested each time selections are made.

d. Random tests shall be unannounced. Dates for administering random tests shall be spread reasonably throughout the calendar year.

e. Drivers shall proceed immediately to the collection site upon notification of selection; provided, however, that if the driver is performing a safety-sensitive function, other than driving, at the time of notification, the driver shall cease to perform the function and proceed to the collection site as soon as possible.

4. Reasonable Suspicion Testing

a. The school district shall require a driver to submit to an alcohol test and/or controlled substances test when a supervisor or school district official, who has been trained in accordance with the regulations, has reasonable suspicion to believe that the driver has used alcohol and/or controlled substances on duty or within four (4) hours before coming on duty. The test shall be done as soon as practicable following the observation of the behavior indicative of the use of controlled substances or alcohol.

b. The reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the driver’s appearance, behavior, speech, or body odors. The required observations for reasonable suspicion of a controlled substances violation may include indications of the chronic and withdrawal effects of controlled substances.

c. Alcohol testing shall be administered within two (2) hours following a determination of reasonable suspicion. If it is not done within two (2) hours, the school district shall prepare and maintain a record explaining why it was not promptly administered and continue to attempt to administer the alcohol test within eight (8) hours. If an alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the school district shall cease attempts to administer the test and state in the record the reasons for not administering the test.

d. The supervisor or school district official who makes observations leading to a controlled substances reasonable suspicion test shall make and sign a written record of the observations within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier.

5. Return-To-Duty Testing.

A driver found to have violated this policy shall not return to work until an SAP has determined the employee has successfully complied with prescribed education and/or treatment and until undergoing return-to-duty tests indicating an alcohol concentration of less than 0.02 and a confirmed negative result for the use of controlled substances.

6. Follow-Up Testing.

When an SAP has determined that a driver is in need of assistance in resolving problems with alcohol and/or controlled substances, the driver shall be subject to unannounced follow-up testing as directed by the SAP for up to sixty (60) months after completing a treatment program.

7. Refusal to Submit and Attendant Consequences

a. A driver or driver applicant may refuse to submit to drug and alcohol testing.

b. Refusal to submit to a required drug or alcohol test subjects the driver or driver applicant to the consequences specified in federal regulations as well as the civil and/or criminal penalty provisions of 49 U.S.C. § 521(b). In addition, a refusal to submit to testing establishes a presumption that the driver or driver applicant would test positive if a test were conducted and makes the driver or driver applicant subject to discipline or disqualification under this policy.

c. A driver applicant who refuses to submit to testing shall be disqualified from further consideration for the conditionally offered position.

d. An employee who refuses to submit to testing shall not be permitted to perform safety-sensitive functions and will be considered insubordinate and subject to disciplinary action, up to and including dismissal. If an employee is offered an opportunity to return to a DOT safety-sensitive duty, the employee will be evaluated by an SAP and must submit to a return-to-duty test prior to being considered for reassignment to safety-sensitive functions.

e. Drivers or driver applicants who refuse to submit to required testing will be required to sign Attachment C to this policy.

I. Testing Procedures

1. Drug Testing

a. Drug testing is conducted by analyzing a donor’s urine specimen. Split urine samples will be collected in accordance with federal regulations. The donor will provide a urine sample at a designated collection site. The collection site personnel will then pour the sample into two sample bottles, labeled "primary" and "split," seal the specimen bottles, complete the chain of custody form, and prepare the specimen bottles for shipment to the testing laboratory for analysis. The specimen preparation shall be conducted in sight of the donor.

b. If the donor is unable to provide the appropriate quantity of urine, the collection site person shall instruct the individual to drink up to forty (40) ounces of fluid distributed reasonably through a period of up to three (3) hours to attempt to provide a sample. If the individual is still unable to provide a complete sample, the test shall be discontinued and the school district notified. The DER shall refer the donor for a medical evaluation to determine if the donor’s inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the school district may elect to not have a referral made, and revoke the employment offer.

c. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the DER. If the results are negative, the school district is informed and no further action is necessary. If the test result is confirmed positive, adulterated, substituted, or invalid, the MRO shall give the donor an opportunity to discuss the test result. The MRO will contact the donor directly, on a confidential basis, to determine whether the donor wishes to discuss the test result. The MRO shall notify each donor that the donor has seventy-two (72) hours from the time of notification in which to request a test of the split specimen at the donor’s expense. No split specimen testing is done for an invalid result.

d. If the donor requests an analysis of the split specimen within seventy-two (72) hours of having been informed of a confirmed positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another Department of Health and Human Services – SAMHSA certified laboratory for analysis. If the donor has not contacted the MRO within seventy-two (72) hours, the donor may present the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the confirmed positive test, or other circumstances unavoidably prevented the donor from timely making contact. If the MRO concludes that a legitimate explanation for the donor’s failure to contact him/her within seventy-two (72) hours exists, the MRO shall direct the analysis of the split specimen. The MRO will review the confirmed positive test result to determine whether an acceptable medical reason for the positive result exists. The MRO shall confirm and report a positive test result to the DER and the employee when no legitimate medical reason for a positive test result as received from the testing laboratory exists.

e. If, after making reasonable efforts and documenting those efforts, the MRO is unable to reach the donor directly, the MRO must contact the DER who will direct the donor to contact the MRO. If the DER is unable to contact the donor, the donor will be suspended from performing safety-sensitive functions.

f. The MRO may confirm the test as a positive without having communicated directly with the donor about the test results under the following circumstances:

(1) The donor expressly declines the opportunity to discuss the test results;

(2) The donor has not contacted the MRO within seventy-two (72) hours of being instructed to do so by the DER; or

(3) The MRO and the DER, after making and documenting all reasonable efforts, have not been able to contact the donor within ten (10) days of the date the confirmed test result was received from the laboratory.

2. Alcohol Testing

a. The federal alcohol testing regulations require testing to be administered by a BAT using an EBT or an STT using an ASD. EBTs and ASDs can be used for screening tests but only EBTs can be used for confirmation tests.

b. Any test result less than 0.02 alcohol concentration is considered a "negative" test.

c. If the donor is unable to provide sufficient saliva for an ASD, the DER will immediately arrange to use an EBT. If the donor attempts and fails to provide an adequate amount of breath, the school district will direct the donor to obtain a written evaluation from a licensed physician to determine if the donor’s inability to provide a breath sample is genuine or constitutes a refusal to test.

d. If the screening test results show alcohol concentration of 0.02 or higher, a confirmatory test conducted on an EBT will be required to be performed between fifteen (15) and thirty (30) minutes after the completion of the screening test.

e. Alcohol tests are reported directly to the DER.

J. Driver/Driver Applicant Rights

1. All drivers and driver applicants subject to the controlled substances testing provisions of this policy who receive a confirmed positive test result for the use of controlled substances have the right to request, at the driver’s or driver applicant’s expense, a confirming retest of the split urine sample. If the confirming retest is negative, no adverse action will be taken against the driver, and a driver applicant will be considered for employment.

2. The school district will not discharge a driver who, for the first time, receives a confirmed positive drug or alcohol test UNLESS:

a. The school district has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with the SAP; and

b. The employee refuses to participate in the recommended program, or fails to successfully complete the program as evidenced by withdrawal before its completion or by a positive test result on a confirmatory test after completion of the program.

c. This limitation on employee discharge does not bar discharge of an employee for reasons independent of the first confirmed positive test result.

K. Testing Laboratory

The testing laboratory for controlled substances will be the National Medical Review Office, Inc., 5900 Wilshire Blvd., 22nd Floor, Los Angeles, CA 90036, Phone #323-936-3806, which is a laboratory certified by the Department of Health and Human Services—SAMHSA to perform controlled substances testing pursuant to federal regulations.

L. Confidentiality of Test Results

All alcohol and controlled substances test results and required records of the drug and alcohol testing program are considered confidential information under federal law and private data on individuals as that phrase is defined in Minn. Stat. Ch. 13. Any information concerning the individual’s test results and records shall not be released without written permission of the individual, except as provided for by regulation or law.

M. Recordkeeping Requirements and Retention of Records

The school district shall keep and maintain records in accordance with the federal regulations in a secure location with controlled access.

The required records shall be retained for the following minimum periods:

Basic records 5 years

"Basic records" includes records of: (a) alcohol test results with concentration of 0.02 or greater; (b) verified positive drug test results; (c) refusals to submit to required tests (including substituted or adulterated drug test results); (d) SAP reports; (e) all follow-up tests and schedules for follow-up tests; (f) calibration documentation; (g) administration of the testing programs; and (h) each annual calendar year summary.

Information obtained from previous employers 3 years

Collection records 2 years

Negative and cancelled drug tests 1 year

Alcohol tests with less than 0.02 concentration 1 year

Education and training records indefinite

"Education and training records" must be maintained while the individuals perform the functions which require training and for the two (2) years after ceasing to perform those functions.

N. Training

The school district shall ensure all persons designated to supervise drivers receive training. The designated employees shall receive at least sixty (60) minutes of training on alcohol misuse and at least sixty (60) minutes of training on controlled substances use. The training shall include physical, behavioral, speech, and performance indicators of probable misuse of alcohol and use of controlled substances. The training will be used by the supervisors to make determinations of reasonable suspicion.

O. Consequences of Prohibited Conduct and Enforcement

1. Removal. The school district shall remove a driver who has engaged in prohibited conduct from safety-sensitive functions. A driver shall not be permitted to return to safety-sensitive functions until and unless the return-to-duty requirements of federal DOT regulations have been completed.

2. Referral, Evaluation, and Treatment

a. A driver or driver applicant who has engaged in prohibited conduct shall be provided a listing of SAPs readily available to the driver or applicant and acceptable to the school district.

b. If the school district offers a driver an opportunity to return to a DOT safety-sensitive duty following a violation, the driver must be evaluated by an SAP and the driver is required to successfully comply with the SAP’s evaluation recommendations (education, treatment, follow-up evaluation(s), and/or ongoing services). The school district is not required to provide an SAP evaluation or any subsequent recommended education or treatment.

c. Drivers are responsible for payment for SAP evaluations and services unless a collective bargaining agreement or employee benefit plan provides otherwise.

d. Drivers who engage in prohibited conduct also are required to comply with follow-up testing requirements.

3. Disciplinary Action

a. Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up testing not only shall not perform or continue to perform safety-sensitive functions, but also may be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.

b. Drivers who test positive with verification of a confirmatory test or are otherwise found to be in violation of this policy or the federal regulations shall be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.

c. Nothing in this policy limits or restricts the right of the school district to discipline or discharge a driver for conduct which not only constitutes prohibited conduct under this policy but also violates the school district’s other rules or policies.

P. Other Testing 

The school district may request or require that drivers submit to drug and alcohol testing other than that required by federal law. For example, drivers may be requested or required to undergo drug and alcohol testing on an annual basis as part of a routine physical examination. Such additional testing of drivers will be conducted only in accordance with the provisions of this policy and as provided in Minn. Stat. §§ 181.950-181.957. For purposes of such additional, non-mandatory testing, drivers fall within the definition of "other employees" covered by Section IV. of this policy.

IV. DRUG AND ALCOHOL TESTING FOR OTHER EMPLOYEES

The school district may request or require drug and alcohol testing for other school district personnel, i.e., employees who are not school bus drivers, or job applicants for such positions. The school district does not have a legal duty to request or require any employee or job applicant to undergo drug and alcohol testing as authorized in this policy, except for school bus drivers and other drivers of CMVs who are subject to federally mandated testing. (See Section III. of this policy.) If a school bus driver is requested or required to submit to drug or alcohol testing beyond that mandated by federal law, the provisions of Section IV of this policy will be applicable to such testing.

A. Circumstances Under Which Drug or Alcohol Testing May Be Requested or Required:

1. General Limitations

a. The school district will not request or require an employee or job applicant whose position does not require a commercial driver’s license to undergo drug or alcohol testing, unless the testing is done pursuant to this drug and alcohol testing policy; and is conducted by a testing laboratory which participates in one of the programs listed in Minn. Stat. § 181.953, Subd. 1.

b. The school district will not request or require an employee or job applicant whose position does not require a commercial driver’s license to undergo drug and alcohol testing on an arbitrary and capricious basis.

2. Job Applicant Testing

The school district may request or require any job applicant whose position does not require a commercial driver’s license to undergo drug and alcohol testing, provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position. If a job applicant has received a job offer which is contingent on the applicant’s passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. In the event the job offer is subsequently withdrawn, the school district shall notify the job applicant of the reason for its action.

3. Random Testing

The school district may request or require employees to undergo drug and alcohol testing on a random selection basis only if they are employed in safety-sensitive positions.

4. Reasonable Suspicion Testing

The school district may request or require any employee to undergo drug and alcohol testing if the school district has a reasonable suspicion that the employee:

a. is under the influence of drugs or alcohol;

b. has violated the school district’s written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on the school district’s premises or operating the school district’s vehicles, machinery, or equipment;

c. has sustained a personal injury, as that term is defined in Minn. Stat. § 176.011, Subd. 16, or has caused another employee to sustain a personal injury; or

d. has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.

5. Treatment Program Testing

The school district may request or require any employee to undergo drug and alcohol testing if the employee has been referred by the school district for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo drug and alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed chemical dependency treatment program.

6. Routine Physical Examination Testing

The school district may request or require any employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than once annually and the employee has been given at least two weeks’ written notice that a drug or alcohol test may be requested or required as part of the physical examination.

B. No Legal Duty to Test

The school district does not have a legal duty to request or require any employee or job applicant whose position does not require a commercial driver’s license to undergo drug and alcohol testing.

C. Definitions

1. "Drug" means a controlled substance as defined in Minnesota Statutes.

2. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, Subd. 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.

3. "Other Employees" means any persons, independent contractors, or persons working for an independent contractor who perform services for the school district for compensation, either full time or part time, in whatever form, except for persons whose positions require a commercial driver’s license, and includes both professional and nonprofessional personnel. Persons whose positions require a commercial driver’s license are primarily governed by the provisions of the school district’s drug and alcohol testing policy relating to school bus drivers (Section III.). To the extent that the drug and alcohol testing of persons whose positions require a commercial driver’s license is not mandated by federal law and regulations, such testing shall be governed by Section IV. of this policy and the drivers shall fall within this definition of "other employees."

4. "Job applicant" means a person, independent contractor, or person working for an independent contractor who applies to become an employee of the school district in a position that does not require a commercial driver’s license, and includes a person who has received a job offer made contingent on the person’s passing drug or alcohol testing. Job applicants for positions requiring a commercial driver’s license are governed by the provisions of the school district’s drug and alcohol testing policy relating to school bus drivers (Section III.).

5. "Positive test result" means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minn. Stat. § 181.953, Subd. 1.

6. "Random selection basis" means a mechanism for selection of employees that:

a. results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected; and

b. does not give the school district discretion to waive the selection of any employee selected under the mechanism.

7. "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.

8. "Safety-sensitive position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person.

D. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing and Consequences of Such Refusal

1. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing

Any employee or job applicant whose position does not require a commercial driver’s license has the right to refuse drug and alcohol testing subject to the provisions contained in Paragraphs 2 and 3 of this Section D.

2. Consequences of an Employee’s Refusal to Undergo Drug and Alcohol Testing

Any employee in a position that does not require a commercial driver’s license who refuses to undergo drug and alcohol testing in the circumstances set out in the Random Testing, Reasonable Suspicion Testing, and Treatment Program Testing provisions of this policy may be subject to disciplinary action, up to and including immediate discharge.

3. Consequences of a Job Applicant’s Refusal to Undergo Drug and Alcohol Testing

Any job applicant for a position which does not require a commercial driver’s license who refuses to undergo drug and alcohol testing pursuant to the Job Applicant Testing provision of this policy shall not be employed.

E. Reliability and Fairness Safeguards

1. Pretest Notice

Before requesting an employee or job applicant whose position does not require a commercial driver’s license to undergo drug or alcohol testing, the school district shall provide the employee or job applicant with a Pretest Notice in the form of Attachment D to this policy on which to acknowledge that the employee or job applicant has received the school district’s drug and alcohol testing policy.

2. Notice of Test Results

Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing an employee or job applicant who has undergone drug or alcohol testing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test.

3. Notice of and Right to Test Result Report

Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing, an employee or job applicant who has undergone drug or alcohol testing of the employee or job applicant’s right to request and receive from the school district a copy of the test result report on any drug or alcohol test.

4. Notice of and Right to Explain Positive Test Result

a. If an employee or job applicant has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same time, written notice of the right to explain the results and to submit additional information.

b. The school district may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.

c. Within three (3) working days after notice of a positive test result on a confirmatory test, an employee or job applicant may submit information (in addition to any information already submitted) to the school district to explain that result.

5. Notice of and Right to Request Confirmatory Retests

a. If an employee or job applicant has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same time, written notice of the right to request a confirmatory retest of the original sample at his or her expense.

b. An employee or job applicant may request a confirmatory retest of the original sample at his or her own expense after notice of a positive test result on a confirmatory test. Within five (5) working days after notice of the confirmatory test result, the employee or job applicant shall notify the school district in writing of his or her intention to obtain a confirmatory retest. Within three (3) working days after receipt of the notice, the school district shall notify the original testing laboratory that the employee or job applicant has requested the laboratory to conduct the confirmatory retest or to transfer the sample to another laboratory licensed under Minn. Stat. § 181.953, Subd. 1 to conduct the confirmatory retest. The original testing laboratory shall ensure that appropriate chain-of-custody procedures are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant.

6. If an employee or job applicant has a positive test result on a confirmatory test, the school district, at the time of providing notice of the test results, shall also provide written notice to inform him or her of other rights provided under Sections F. or G., below, whichever is applicable.

Attachments E and F to this policy provide the Notices described in Paragraphs 2 through 6 of this Section E.

F. Discharge and Discipline of Employees Whose Positions Do Not Require a Commercial Driver’s License

1. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test.

2. In the case of a positive test result on a confirmatory test, the employee shall be subject to discipline which includes, but is not limited to, immediate suspension without pay and immediate discharge, pursuant to the provisions of this policy.

3. The school district may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the school district, unless the following conditions have been met:

a. The school district has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with a certified chemical abuse counselor or a physician trained in the diagnosis and treatment of chemical dependency; and

b. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.

4. Notwithstanding Paragraph 1., the school district may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the school district believes that it is reasonably necessary to protect the health or safety of the employee, co-employees or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.

5. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of medical history information revealed to the school district, unless the employee was under an affirmative duty to provide the information before, upon or after hire.

6. An employee must be given access to information in his or her personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process and conclusions drawn from and actions taken based on the reports or other acquired information.

G. Withdrawal of Job Offer for an Applicant for a Position That Does Not Require a Commercial Driver’s License

If a job applicant has received a job offer made contingent on the applicant’s passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. In the case of a positive test result on a confirmatory test, the school district may withdraw the job offer.

H. Chain-of-Custody Procedures

The school district has established its own reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, and identification of the samples to be tested. The procedures require the following:

1. Possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory;

2. The sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample;

3. A sample must be accompanied by a written chain-of-custody record; and

4. Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer.

I. Privacy, Confidentiality and Privilege Safeguards

1. Privacy Limitations

A laboratory may only disclose to the school district test result data regarding the presence or absence of drugs, alcohol or their metabolites in a sample tested.

2. Confidentiality Limitations

With respect to employees and job applicants, test result reports and other information acquired in the drug or alcohol testing process are private data on individuals as that phrase is defined in Minn. Stat. Ch. 13, and may not be disclosed by the school district or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested.

3. Exceptions to Privacy and Confidentiality Disclosure Limitations

Notwithstanding Paragraphs 1. and 2., evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Minn. Stat. Ch. 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation or order, or in Page | 23

accordance with compliance requirements of a federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.

4. Privilege

Positive test results from the school district drug or alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested.

J. Notice of Testing Policy to Affected Employees

The school district shall provide written notice of this drug and alcohol testing policy to all affected employees upon adoption of the policy, to a previously non-affected employee upon transfer to an affected position under the policy, and to a job applicant upon hire and before any testing of the applicant if the job offer is made contingent on the applicant’s passing drug and alcohol testing. Affected employees and applicants will acknowledge receipt of this written notice in the form of Attachment G to this policy.

V. POSTING

The school district shall post notice in an appropriate and conspicuous location on its premises that it has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in its personnel office or other suitable locations.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
  • Minn. Stat. Ch. 43A (State Personnel Management)
  • Minn. Stat. §§ 181.950-181.957 (Drug and Alcohol Testing in the Workplace)
  • Minn. Stat. § 221.031 (Motor Carrier Rules)
  • 49 U.S.C. § 31306 (Omnibus Transportation Employee Testing Act of 1991)
  • 49 U.S.C. § 521(b) (Civil and Criminal Penalties for Violations)
  • 49 C.F.R. Parts 40 and 382 (Department of Transportation Rules Implementing Omnibus Transportation Employee Testing Act of 1991)

Cross-References:

  • Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
  • Policy 406 (Public and Private Personnel Data)
  • Policy 417 (Chemical Use and Abuse)
  • Policy 418 (Drug-Free Workplace/Drug-Free)

Reviewed: 8-23-01, 10-27-05, 2-21-06, 8-19-10, 12-03-15

Approved: 9-20-01, 11-17-05, 3-23-06, 9-23-10, 01-21-16

416 Form A - Drug and Alcohol Testing

416 Form B - Drug and Alcohol Testing

416 Form B1 - Drug and Alcohol Testing

416 Form C - Drug and Alcohol Testing

416 Form D - Drug and Alcohol Testing

416 Form E - Drug and Alcohol Testing

416 Form F - Drug and Alcohol Testing

416 Form G - Drug and Alcohol Testing

417 - Chemical Use and Abuse

POLICY #417

CHEMICAL USE AND ABUSE



I. PURPOSE

The school board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and employees and significantly impedes the learning process. Chemical use and abuse also creates significant problems for society in general. The school board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse. The purpose of this policy is to assist the school district in its goal to prevent chemical use and abuse by providing procedures for education and intervention.



II. GENERAL STATEMENT OF POLICY

A. Use of controlled substances, toxic substances, and alcohol is prohibited in the school setting in accordance with school district policies with respect to a Drug-Free Workplace/Drug-Free School.

B. The policy of this school district is to provide an instructional program in every elementary and secondary school in chemical abuse and the prevention of chemical dependency.

C. The school district shall establish and maintain in every school a chemical abuse pre-assessment team. The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

D. The superintendent, with the advice of the cabinet and school board, shall be responsible for establishing a school and community advisory team to address chemical abuse problems in the district.

E. The school district shall establish and maintain a program to educate and assist employees, students and others in understanding this policy and the goals of achieving drug-free schools and workplaces.



III. DEFINITIONS

A. “Chemical abuse” means use of any psychoactive or mood-altering chemical substance, without compelling medical reason, in a manner that induces mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior, to the extent that the student’s normal function in academic, school, or social activities is chronically impaired.

B. “Chemicals” includes but is not limited to alcohol, toxic substances, and controlled substances as defined in the school district’s Drug-Free Workplace/Drug-Free School policy.

C. “Use” includes to sell, buy, manufacture, distribute, dispense, use, or be under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration.

D. “School location” includes any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off-school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.



IV. STUDENTS

A. Instruction

1. Every school shall provide an instructional program in chemical abuse and the prevention of chemical dependency. The school district may involve parents, students, health care professionals, state department staff, and members of the community in developing the curriculum.

2. Each school shall have age-appropriate and developmentally based activities that:

a. address the consequences of violence and the illegal use of drugs, as appropriate;

b. promote a sense of individual responsibility;

c. teach students that most people do not illegally use drugs;

d. teach students to recognize social and peer pressure to use drugs illegally and the skills for resisting illegal drug use;

e. teach students about the dangers of emerging drugs;

f. engage students in the learning process; and

g. incorporate activities in secondary schools that reinforce prevention activities implemented in elementary schools.

3. Each school shall have activities that involve families, community sectors (which may include appropriately trained seniors), and a variety of drug and violence prevention providers in setting clear expectations against violence and illegal use of drugs and appropriate consequences for violence and illegal use of drugs.

4. Each school shall disseminate drug and violence prevention information within the school and to the community.

5. Each school shall have professional development and training for, and involvement of, school personnel, student services personnel, parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention.

6. Each school shall have drug and violence prevention activities that may include the following:

a. Community-wide planning and organizing activities to reduce violence and illegal drug use, which may include gang activity prevention.

b. The hiring and mandatory training, based on scientific research, of school security personnel who interact with students in support of youth drug and violence prevention activities under this policy that are implemented in the school.

c. Conflict resolution programs, including peer mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth anti-crime and anti-drug councils and activities.

d. Counseling, mentoring, referral services, and other student assistance practices and programs, including assistance provided by qualified school-based mental health services providers and the training of teachers by school-based mental health services providers in appropriate identification and intervention techniques for students at risk of violent behavior and illegal use of drugs.

e. Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding concerns about violence and illegal drug use.

B. Reports of Chemical Use and Abuse

1. In the event that a school district employee knows that a student is abusing, possessing, transferring, distributing, or selling chemicals in a school location:

a. The employee shall immediately either take the student to an administrator or notify an appropriate administrator of the observation and continue to observe the student until the administrator arrives.

b. The administrator will notify the student’s parents. If there is a medical emergency, the administrator will notify the school nurse and/or outside medical personnel as appropriate.

c. The administrator will notify law enforcement officials, the student’s counselor, and the chemical pre-assessment team.

d. The administrator and/or law enforcement officials will confiscate the chemicals and/or conduct a search of the student’s person, effects, locker, vehicle, or areas within the student’s control. Searches by school district officials shall be in accordance with school board policies regarding search and seizure.

e. The school district will take appropriate disciplinary action in compliance with the student discipline code. Such discipline may include immediate suspension, initiation of expulsion proceedings, and/or referral to a detoxification center or medical center.

2. If a school district employee has reason to believe that a student is abusing, possessing, transferring, distributing, or selling chemicals:

a. The employee shall notify the building administrator or a member of the pre-assessment team and shall describe the basis for the suspicion. The building administrator and/or team will determine what action should be taken. Action may include conducting an investigation, gathering data, scheduling a conference with the student or parents, or providing a meeting between a single member of the team and the student to discuss the behaviors that have been reported and attempting to ascertain facts regarding chemical abuse.

b. The team may determine there is no chemical abuse. If the team determines there is chemical abuse, the team will select an appropriate course of action, which may include referral to a school counselor; referral to a treatment program; referral for screening, assessment, and treatment planning; participation in support groups; or other appropriate measures.

3. Students involved in the abuse, possession, transfer, distribution, or sale of chemicals shall be suspended in compliance with the student discipline policy and the Pupil Fair Dismissal Act, Minn. Stat. § 121A.40-121A.56, and proposed for expulsion.

4. Searches by school district officials in connection with the abuse, possession, transfer, distribution, or sale of chemicals will be conducted in accordance with school board policies related to search and seizure.

C. Pre-assessment Team

1. Every school shall have a chemical abuse pre-assessment team designated by the superintendent or designee. The team will be composed of classroom teachers, administrators, and other appropriate professional staff to the extent they exist in each school, such as the school nurse, school counselor or psychologist, social worker, chemical abuse specialist, or others.

2. The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

3. Within forty-five (45) days after receiving an individual reported case, the team shall make a determination whether to provide the student and, in the case of a minor, the student’s parents with information about school and community services in connection with chemical abuse.

D. Data Practices

1. Student data may be disclosed without consent in health and safety emergencies pursuant to Minn. Stat. § 13.32 and applicable federal law and regulations.

2. Destruction of Records

a. If the pre-assessment team decides not to provide a student and, in the case of a minor, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the determination is made.

b. If the team decides to provide the student and, in the case of a minor or a dependent student, the student’s parents with such information, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the student is no longer enrolled in the district.

c. This section shall govern destruction of records notwithstanding provisions of the Records Management Act, Minn. Stat. § 138.163.

E. Consent

Any minor may give effective consent for medical, mental, and other health services to determine the presence of or to treat conditions associated with alcohol and other drug abuse, and the consent of no other person is required.

F. School and Community Advisory Team

1. The superintendent, with the advice of the school board, shall establish a school and community advisory team to address chemical abuse problems. The advisory team will be composed of representatives from the school pre-assessment teams to the extent possible, law enforcement agencies, county attorney’s office, social service agencies, chemical abuse treatment programs, parents, and the business community.

2. The advisory team shall:

a. build awareness of the problem within the community, identify available treatment and counseling programs for students, and develop good working relationships and enhance communication between the schools and other community agencies; and

b. develop a written procedure clarifying the notification process to be used by the chemical abuse pre-assessment team when a student is believed to be in possession of or under the influence of alcohol or a controlled substance. The procedure must include contact with the student and the student’s parents or guardian in the case of a minor student.



V. EMPLOYEES

A. The superintendent or designee shall undertake and maintain a drug-free awareness and prevention program to inform employees, students, and others about:

1. The dangers and health risks of chemical abuse in the workplace/school.

2. The school district’s drug-free workplace/drug-free school policy.

3. Any available drug or alcohol counseling, treatment, rehabilitation, re-entry, and/or assistance programs available to employees and/or students.

4. The penalties that may be imposed on employees for drug abuse violations.

B. The superintendent or designee shall notify any federal granting agency required to be notified under the Drug-Free Workplace Act within ten (10) days after receiving notice of a conviction of an employee for a criminal drug statute violation occurring in the workplace. To facilitate the giving of such notice, any employee aware of such a conviction shall report the same to the superintendent.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 13.32 (Educational Data)

     Minn. Stat. § 121A.25-121A.29 (Chemical Abuse)

     Minn. Stat. § 121A.40-121A.56 (Pupil Fair Dismissal Act)

     Minn. Stat. § 138.163 (Records Management Act)

     Minn. Stat. § 144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion)

     U.S.C. § 1232g (Family Educational Rights and Privacy Act)

     20 U.S.C. §§ 7101-7165 (Safe and Drug-Free Schools and Communities Act)

     41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act)

     34 C.F.R. Part 84 (Government-wide Requirements for Drug–Free Workplace)

Cross References:

     Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

     Policy 416 (Drug and Alcohol Testing)

     Policy 418 (Drug-Free Workplace/Drug Free School)

     Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)

     Policy 506 (Student Discipline)

     Policy 515 (Protection and Privacy of Pupil Records)

     Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches



Reviewed: 7-23-01, 7-19-05, 2-21-06, 5-22-08, 03-24-16

Approved: 7-20-89, 10-22-92, 11-20-00, 8-23-01, 8-15-05, 3-23-06, 5-22-08, 04-21-16

418 - Drug Free Workplace/Drug Free School

POLICY #418

DRUG-FREE WORKPLACE/DRUG-FREE SCHOOL

 

I. PURPOSE

The purpose of this policy is to maintain a safe and healthful environment for employees and students by prohibiting the use of alcohol, toxic substances, medical cannabis, and controlled substances without a physician’s prescription.

II. GENERAL STATEMENT OF POLICY

A. Use or possession of controlled substances, toxic substances, medical cannabis, and alcohol before, during, or after school hours, at school or in any other school location, is prohibited as general policy. Paraphernalia associated with controlled substances is prohibited.

B. A violation of this policy occurs when any student, teacher, administrator, other school district personnel, or member of the public uses or possesses alcohol, toxic substances, controlled substances, or medical cannabis in any school location.

C. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or member of the public who violates this policy.

III. DEFINITIONS

A. “Alcohol” includes any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor.

B. “Controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. § 812, including synthetics, analogues and look-alike drugs.

C. “Medical cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or (4) any other method, excluding smoking, approved by the commissioner.

D. “Toxic substances” includes glue, cement, aerosol paint, or other substances used or possessed with the intent of inducing intoxication or excitement of the central nervous system.

E. “Use” includes to sell, buy, manufacture, distribute, dispense, possess, use, or be under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration or consideration.

F. “Possess” means to have on one’s person, in one’s effects, or in an area subject to one’s control.

G. “School location” includes any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.

IV. EXCEPTIONS

A. A violation of this policy does not occur when a person brings onto a school location, for such person’s own use, a controlled substance, except medical cannabis, which has a currently accepted medical use in treatment in the United States and the person has a physician’s prescription for the substance. The person shall comply with the relevant procedures of this policy.

B. A violation of this policy does not occur when a person possesses an alcoholic beverage in a school location when the possession is within the exceptions of Minn. Stat. § 624.701, Subd. 1a (experiments in laboratories; pursuant to a temporary license to sell liquor issued under Minnesota laws or possession after the purchase from such a temporary license holder).

V. PROCEDURES

A. Students who have a prescription from a physician for medical treatment with a controlled substance, except medical cannabis, must comply with the school district’s student medication policy.

B. Employees who have a prescription from a physician for medical treatment with a controlled substance, except medical cannabis, are permitted to possess such controlled substance and associated necessary paraphernalia, such as an inhaler or syringe. The employee must inform his or her supervisor. The employee may be required to provide a copy of the prescription.

C. Each employee shall be provided with written notice of this Drug-Free Workplace/Drug-Free School policy and shall be required to acknowledge that he or she has received the policy.

D. Employees are subject to the school district’s drug and alcohol testing policies and procedures.

E. Members of the public are not permitted to possess controlled substances in a school location except with the express permission of the superintendent.

F. No person is permitted to possess or use medical cannabis on a school bus or van; or on the grounds of any preschool or primary or secondary school.

G. Possession of alcohol on school grounds pursuant to the exceptions of Minn. Stat. § 624.701, Subd. 1a, shall be by permission of the school board only. The applicant shall apply for permission in writing and shall follow the school board procedures for placing an item on the agenda.

VI. ENFORCEMENT

A. Students

1. A student who violates the terms of this policy shall be subject to discipline in accordance with the school district’s discipline policy. Such discipline may include suspension or expulsion from school.

2. The student may be referred to a drug or alcohol assistance or rehabilitation program and/or to law enforcement officials when appropriate.

B. Employees

1. As a condition of employment in any federal grant, each employee who is engaged either directly or indirectly in performance of a federal grant shall abide by the terms of this policy and shall notify his or her supervisor in writing of his or her conviction of any criminal drug statute for a violation occurring in any of the places listed above on which work on a school district federal grant is performed, no later than five (5) calendar days after such conviction. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

2. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, termination, or discharge as deemed appropriate by the school board.

3. In addition, any employee who violates the terms of this policy may be required to satisfactorily participate in a drug and/or alcohol abuse assistance or rehabilitation program approved by the school district. Any employee who fails to satisfactorily participate in and complete such a program is subject to nonrenewal, suspension, or termination as deemed appropriate by the school board.

4. Sanctions against employees, including nonrenewal, suspension, termination, or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.

C. The Public

A member of the public who violates this policy shall be informed of the policy and asked to leave. If necessary, law enforcement officials will be notified and asked to provide an escort.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 121A.22 (Administration of Drugs and Medicine)

     Minn. Stat. § 152.22 (Medical Cannabis; Definitions)

     Minn. Stat. § 152.23 (Medical Cannabis; Limitations)

     Minn. Stat. § 340A.403 (3.2 Percent Malt Liquor Licenses)

     Minn. Stat. § 340A.404 (Intoxicating Liquor; On-Sale Licenses)

     Minn. Stat. § 609.684 (Sale of Toxic Substances to Children; Abuse of Toxic Substances)

     Minn. Stat. § 624.701 (Liquor in Certain Buildings or Grounds)

     20 U.S.C. § 7101-7165 (Safe and Drug-Free Schools and Communities Act)

     21 U.S.C. § 812 (Schedules of Controlled Substances)

     41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act)

     21 C.F.R. §§ 1308.11-1308.15 (Controlled Substances)

     34 C.F.R. Part 84 (Government-wide Requirements for Drug-Free Workplace)

Cross References:

     Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

     Policy 416 (Drug and Alcohol Testing)

     Policy 417 (Chemical Use and Abuse)

     Policy 506 (Student Discipline)

     Policy 516 (Student Medication

Reviewed: 7-23-01, 2-22-07, 5-22-08, 04-21-16, 06-23-16

Approved: 8-23-01, 2-22-07, 5-22-08, 07-21-16

418 Form - Drug Free Workplace/Drug Free School

419 - Tobacco Free Environment

 

POLICY #419

TOBACCO-FREE ENVIRONMENT

 

I. PURPOSE

The purpose of this policy is to maintain a learning and working environment that is tobacco free.

 

II. GENERAL STATEMENT OF POLICY

A. A violation of this policy occurs when any student, teacher, administrator, other school personnel of the school district, or person smokes or uses tobacco, tobacco-related devices, or electronic cigarettes in a public school. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls. In addition, this prohibition includes private vehicles used, in whole or in part, for work purposes, during hours of school operation, if a student is present. This prohibition includes all school district property and all off-campus events sponsored by the school district.

B. A violation of this policy occurs when any student possesses any type of tobacco, tobacco-related device, or electronic cigarette in a public school. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls and includes vehicles used, in whole or in part, for school purposes, during hours of school operation, if more than one person is present. This prohibition includes all school district property and all off-campus events sponsored by the school district.

C. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or person who is found to have violated this policy.

D. The school district will not solicit or accept any contributions or gifts of money, curricula, materials, or equipment from companies that directly manufacture and are identified with tobacco products, devices, or electronic cigarettes. The school district will not promote or allow promotion of tobacco products or e-cigarettes on school property or at school-sponsored events.

 

III. TOBACCO AND TOBACCO-RELATED DEVICES DEFINED

A. “Electronic cigarette” means any oral device that provides a vapor of liquid nicotine, lobelia, and/or other similar substance, and the use or inhalation of which simulates smoking. The term shall include any such devices, whether they are manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pipes, or under another product name or descriptor.

B. “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.

C. “Tobacco-related devices” means cigarette papers or pipes for smoking.

D. “Smoking” means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation and the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device.

 

IV. EXCEPTIONS

A. A violation of this policy does not occur when an American Indian adult lights tobacco on school district property as a part of a traditional American Indian spiritual or cultural ceremony. An American Indian is a person who is a member of an Indian tribe as defined under Minnesota law.

B. A violation of this policy does not occur when an adult nonstudent possesses a tobacco or nicotine product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

 

V. ENFORCEMENT

A. All individuals on school premises shall adhere to this policy.

B. Students who violate this tobacco-free policy shall be subject to school district discipline procedures.

C. School district administrators and other school personnel who violate this tobacco-free policy shall be subject to school district discipline procedures.

D. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota or federal law, and school district policies.

E. Persons who violate this tobacco-free policy may be referred to the building administration or other school district supervisory personnel responsible for the area or program at which the violation occurred.

F. School administrators may call the local law enforcement agency to assist with enforcement of this policy. Smoking or use of any tobacco product in a public school is a violation of the Minnesota Clean Indoor Air Act and/or the Freedom to Breathe Act of 2007 and is a petty misdemeanor. A court injunction may be instituted against a repeated violator.

G. No persons shall be discharged, refused to be hired, penalized, discriminated against, or in any manner retaliated against for exercising any right to a smoke-free environment provided by the Freedom to Breathe Act of 2007 or other law.

 

VI. DISSEMINATION OF POLICY

A. This policy shall appear in the student handbooks and also on the District website

B. The school district will develop a method of discussing this policy with students and employees.

 

Source: Cambridge-Isanti Schools

Legal References:

Minn. Stat. §§ 144.411-144.417 (Minnesota Clean Indoor Air Act) Stat.

Minn. Stat. § 609.685 (Sale of Tobacco to Children)

2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)

Cross References:

Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

Policy 506 (Student Discipline)

MSBA Service Manual, Chapter 2, Students; Rights, Responsibilities and Behavior

Reviewed: 7-23-01, 11-20-03, 5-22-08, 9-24-09, 8-19-10, 04-21-16

Approved: 8-23-01, 12-18-03, 6-19-08, 9-24-09, 9-23-10, 05-19-16

420 - Students and Employees with Sexually Transmitted Infections and Diseases and Certain Other Communicable Diseases and Infectious Conditions

420A - Human Sexuality and Aids Education

421 - Gifts to Employees and School Board Members

POLICY #421

GIFTS TO EMPLOYEES AND SCHOOL BOARD MEMBERS

I. PURPOSE

The purpose of this policy is to avoid the appearance of impropriety or the appearance of a conflict of interest with respect to gifts given to school district employees and school board members.

II. GENERAL STATEMENT OF POLICY

A. The school district recognizes that students, parents, and others may wish to show appreciation to school district employees. The policy of the school district, however, is to discourage gift-giving to employees and to encourage donors instead to write letters and notes of appreciation or to give small tokens of gratitude as memorabilia.

B. A violation of this policy occurs when any employee solicits, accepts, or receives, either by direct or indirect means, a gift from a student, parent, or other individual or organization of greater than nominal value, unless the gift given is for the benefit of the entire classroom, school or district.

C. A violation of this policy occurs when any employee solicits, accepts, or receives a gift from a person or entity doing business with or seeking to do business with the school district. Employees may accept items of insignificant value of a promotional or public relations nature. The superintendent has discretion to determine what value is “insignificant.”

D. Teachers may accept from publishers, free samples of textbooks and related teaching materials.

E. This policy applies only to gifts given to employees where the donor’s relationship with the employee arises out of the employee’s employment with the school district. It does not apply to gifts given to employees by personal friends, family members, other employees, or others unconnected to the employee’s employment with the school district.

F. An elected or appointed member of a school board, a school superintendent, a school principal, or a district school officer, including the school business official, may not accept a gift from an interested person.

III. DEFINITIONS

A. “Gift” means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment that is given without something of equal or greater value being received in return.

B. “Interested person” means a person or a representative of a person or association that has a direct financial interest in a decision that a school board member, a superintendent, a school principal, or a district school officer is authorized to make.

IV. PROCEDURES

Any employee considering the acceptance of a gift shall confer with the administration for guidance related to the interpretation and application of this policy.

V. VIOLATIONS

Employees who violate the provisions of this policy may be subject to discipline, which may include reprimand, suspension, and/or termination or discharge.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 10A.07 (Conflicts of Interest)
  • Minn. Stat. § 10A.071 (Prohibition of Gifts)
  • Minn. Stat. § 15.43 (Acceptance of Advantage by State Employee; Penalty)
  • Minn. Stat. § 471.895 (Certain Gifts by Interested Persons Prohibited)

Cross References:

  • Policy 209 (Code of Ethics)
  • Policy 210 (Conflict of Interest – School Board Members)
  • Policy 306 (Administrator Code of Ethics)

Reviewed: 08-18-16

Approved: 09-22-16

422 - Policies Incorporated by Reference

POLICY #422

POLICIES INCORPORATED

BY REFERENCE – EMPLOYEES

I. PURPOSE

Certain policies as contained in this policy reference manual are applicable to employees as well as to students. In order to avoid undue duplication, the school district provides notice by this section of the application and incorporation by reference of policies included, but not limited to those listed below, which also apply to employees:

Policy 102 Equal Educational Opportunity

Policy 103 Complaints – Students, Employees, Parents, Other Persons

Policy 206 Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations

Policy 211 Criminal or Civil Action Against School District, School Board Member, Employee, or Student

Policy 305 Policy Implementation

Policy 505 Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees

Policy 507 Corporal Punishment

Policy 510 Student Activities

Policy 511 Student Fundraising

Policy 517 Student Recruiting

Policy 518 DNR-DNI Orders

Policy 519 Interviews of Students by Outside Agencies

Policy 524 Internet Acceptable Use and Safety Policy

Policy 525 Violence Prevention

Policy 610 Field Trips

Policy 710 Extracurricular Transportation

Policy 711 Video Recording on School Buses

Policy 712 Video Surveillance Other Than on Buses

Policy 802 Disposition of Obsolete Equipment and Material

Employees are charged with notice that the above cited policies are also applicable to employees; however, employees are also on notice that the provisions of the various policies speak for themselves and may be applicable although not specifically listed above.

Source: Cambridge-Isanti Schools

Reviewed: 01-17-03, 6-21-07, 7-22-10, 03-20-14, 09-22-16

Approved: 8-21-03, 7-19-07, 7-22-10, 04-24-14, 10-13-16

423 - Employee/Student Relationships

POLICY #423

EMPLOYEE-STUDENT RELATIONSHIPS

I.         PURPOSE

The school district is committed to an educational environment in which all students are treated with respect and dignity.  Every school district employee is to provide students with appropriate guidance, understanding, and direction while maintaining a standard of professionalism and acting within accepted standards of conduct.

II.        GENERAL STATEMENT OF POLICY

A.        This policy applies to all school district employees and school board at all times, whether on or off duty and on or off of school district locations.

B.        At all times, students will be treated by teachers and other school district employees with respect, courtesy, and consideration and in a professional manner.  Each school district employee is expected to exercise good judgment and professionalism in all interpersonal relationships with students.  Such relationships must be and remain on a teacher-student basis or an employee-student basis.

C.        Teachers must be mindful of their inherent positions of authority and influence over students.  Similarly, other school district employees also may hold positions of authority over students of the school district and must be mindful of their authority and influence over students.

D.        Sexual relationships between school district employees and students, without regard to the age of the student, are strictly forbidden and may subject the employee to criminal liability.

E.         Other actions that violate this policy include, but are not limited to, the following:

1.         Dating students.

2.         Having any interaction/activity of a sexual nature with a student.

3.         Committing or attempting to induce students or others to commit an illegal act or act of immoral conduct which may be harmful to others or bring discredit to the school district.

4.         Supplying alcohol or any illegal substance to a student, allowing a student access to such substances, or failing to take reasonable steps to prevent such access from occurring.

F.         School district employees and school board shall, whenever possible, employ safeguards against improper relationships with students and/or claims of such improper relationships.

[Note: Such safeguards may include the following: avoiding altogether or minimizing physical contact, keeping doors open when talking or meeting with students one-on-one, and/or making sure that such meetings with a student take place in rooms with unobstructed windows and/or others nearby.]

G.        Excessive informal and social involvement with individual students is unprofessional, is not compatible with employee-student relationships, and is inappropriate.

H.        School district employees will adhere to applicable standards of ethics and professional conduct in Minnesota law.

III.      REPORTING AND INVESTIGATION

A.        Complaints and/or concerns regarding alleged violations of this policy shall be handled in accordance with Policy 103 (Complaints – Students, Employees, Parents, Other Persons) unless other specific complaint procedures are provided within any other policy of the school district.

B.        All employees shall cooperate with any investigation of alleged acts, conduct, or communications in violation of this policy.

IV.      SCHOOL DISTRICT ACTION

Upon receipt of a report, the school district will take appropriate action.  Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge.  It also may include reporting to appropriate state or federal authorities, including the Board of Teaching or the appropriate licensing authority and appropriate agencies responsible for investigating reports of maltreatment of minors and/or vulnerable adults.  School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law, and school district policies.

V.        SCOPE OF LIABILITY

Employees are placed on notice that if an employee acts outside the performance of the duties of the position for which the employee is employed or is guilty of malfeasance, willful neglect of duty, or bad faith, the school district is not required to defend and indemnify the employee for damages in school-related litigation.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 13.43, Subd. 16 (School District or Charter School Disclosure of Violence or                                      Inappropriate Sexual Contact)

               Minn. Stat. § 122A.20, Subd 2 (Mandatory Reporting to Minnesota Board of Teaching)

               Minn. Stat. § 122A.40, Subds. 5(b) and 13(b) (Mandatory immediate discharge of                            teachers with license revocations due to child or sex abuse convictions)

               Minn. Stat. §§ 609.341-609.352 (Defining “intimate parts” and “position of authority” as                    well as detailing various sex offenses)

               Minn. Stat. § 626.556 (Reporting of Maltreatment of Minors)

               Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)

               Minn. Rules Part 3512.5200 (Code of Ethics for School Administrators)

               Minn. Rules Part 8700.7500 (Code of Ethics for Minnesota Teachers)

Cross References:               Policy 103 (Complaints – Students, Employees, Parents, Other Persons)

              Policy 211 (Criminal or Civil Action Against School District, School Board Member,                           Employee, or Student)

              Policy 306 (Administrator Code of Ethics)

              Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

              Policy 413 (Harassment and Violence)

              Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

              Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)

              Policy 421 (Gifts to Employees and School Board Members)

                                              Policy 507 (Corporal Punishment

Reviewed:                            2-21-02, 8-21-03, 1-20-05, 8-19-10, 02-23-17

Approved:                            3-21-02, 9-18-03, 1-20-05, 9-23-10, 03-23-17

424 - License Status

425 - Staff Development

426 - Communications - Employee/Employer Relations

POLICY #426

COMMUNICATIONS EMPLOYEE/EMPLOYER RELATIONS

I. PURPOSE

The purpose of this policy is to ensure open and positive communication and relationships between employer and employees.

Compensation of employees represents the greatest portion of the Cambridge-Isanti School District budget; and the outcome of master agreement negotiations has the greatest single effect on school district expenditures.

The Cambridge-Isanti School Board recognizes that employees and the general public have an interest in, and a right to know the decisions of the School Board as guaranteed by the "open meeting law";

Therefore, the Cambridge-Isanti School Board has adopted the following code of ethics:

- To govern the conduct of the negotiations process;

- To ensure open, effective communication regarding negotiations with formally organized employee unions; and

- To promote the orderly and constructive relationships between the School Board and school district employee.

II. NEGOTIATIONS CODE OF ETHICS

The Cambridge-Isanti School Board and administration:

- Will make every reasonable effort to provide timely, accurate and complete information, unless mutually agreed with the employee group to not provide the information.

- Will provide information through district publications, the news media and other appropriate means.

- Will not engage in activities which demean, or inhibit the credibility and integrity of individual members of an employee organization or its representatives.

- Will not knowingly misrepresent positions of employee organizations and/or the school district.

- Will make every effort to preserve the concept that the governance of public schools shall remain with the public's duly elected representative, i.e., the School Board.

- Will make every reasonable effort to arrive at a settlement which is timely, economically practicable, and which will not compromise the general well-being of the students.

- Will not engage in public or private harassment of individual employees or members of the employee bargaining team.

- Will not circumvent the established negotiation process by negotiating with individual members of the employee unit, members of the general public, or other persons not designated as members of the School Board and/or employee unit bargaining team.

- Will not elicit support of students enrolled in the district's schools, or use student activities as a forum to solicit support of the district's position relating to employee negotiations.

- Will make every reasonable effort to maintain public support by promoting the positive image of employees.

Source:                       Cambridge-Isanti Schools

Reviewed:                   7-18-02, 05-18-17

Approved:                   10-20-80, 08-22-02, 06-22-17

 

 

426R - Employee/Employer Relations

427 - Workload Limits for Certain Special Education Teachers

428 - Respectful Workplace

429 - Professional Staff (Teachers), Personnel (Support Staff), Recruiting, Hiring, Assignment, Transfer and Evaluation

POLICY #429

PROFESSIONAL STAFF (TEACHERS), PERSONNEL

(SUPPORT STAFF) RECRUITING, HIRING, ASSIGNMENT,

TRANSFER AND EVALUATION



I. PURPOSE

The purpose of this policy is to ensure the employment of the most qualified professional personnel. Professional personnel are assigned according to student instructional needs in accordance with license requirements from the State of Minnesota. Teacher placement and transfer is based on student need and assurance of instructional program success. Evaluation of professional personnel is conducted to ensure staff understand what is expected of them and how they are performing.



II. GENERAL STATEMENT OF POLICY

A. Teacher recruitment and selection is the responsibility of the principal/administrator and the Superintendent or his/her designee. An interview team will include at least one principal/administrator and at least one other district employee to select the most qualified applicant. The final decision is the responsibility of the principal/administrator as outlined in the district personnel employment procedure.



All professional personnel selected for employment must be recommended by the Superintendent to the School Board for hire approval.



B. Assignment will be given based on the teacher licensure, teacher experience, student instructional needs and other needs of the school district. When it is not possible to meet all conditions, professional personnel shall be assigned in accordance with the needs of the school district. The assignment of professional personnel will be made by the building principal/administrator under the direction of the Superintendent and approved by the school board. Professional personnel may be assigned to a new school in advance of its opening in order that proper preparations can be made. The assignment of support, training, and supervision of special education instructional assistants will be consistent with the concepts of the least restrictive environment and student independence.



C. An excellent instructional program will be maintained in response to a professional request for transfer or a district decision to transfer professional staff. Transfer of professional staff may occur but is not limited to the following situations:

  1. building enrollment changes
  2. performance concerns
  3. traditional and/or year round calendar
  4. a new opportunity



The transfer of professional personnel will be made by the building principal/administrator under the direction of the Superintendent and approved by the school board.



D. Teacher evaluation is the responsibility of the principal/administrator and the Superintendent. The evaluation process is carried out on a regular continuing basis and includes opportunities for both formal and informal evaluation. The criteria used in evaluation are based on the stated instructional goals and objectives of the school district. These goals and objectives are implemented and evaluated according to the district procedure for professional evaluation. The procedure for evaluation is described in district personnel employment procedure.



E. The selection of professional personnel shall be the responsibility of the appropriate principal/administrator/director/coordinator with final approval by the Superintendent and the school board. Adherence to the district personnel employment procedures is generally followed.



Criteria that affect hiring of professional staff include, but are not limited to, licensing or certification, essential requirements for position, previous experience, attitude, availability and motivation to meet the requirements of the position at hand.



Source: Cambridge-Isanti Schools

Reviewed: 11-21-02, 02-19-16

Approved: 12-19-02, 04-24-03, 03-24-16

430 - Staff Leaves and Absences

POLICY #430

STAFF LEAVES AND ABSENCES



I. PURPOSES

It shall be the policy of the School Board to grant leaves of absences addressed in the master agreement with teachers and support staff in accordance with the procedures outlined in the agreement. This policy statement shall address leave requests not covered by the master agreement.



II. GENERAL STATEMENT OF POLICY

Leaves of Absence under this policy shall be granted only for good and sufficient reasons and shall be considered for approval based on the standards as set forth in this policy. The following leaves shall be considered.



Extended Leave of Absence

Extended Leaves of Absence may be granted at the discretion of the School Board Minnesota Statute 122A.46; 354.094; 354A.091 authorizes school districts to grant extended leaves of absences if certain conditions are met. Applicants for leaves granted under this section must meet the criteria as set forth in the statutes and in this policy.



Deducted Leave of Absence

Deducted Leaves of Absence may be granted at the discretion of the Superintendent of Schools or designee. Deducted leaves may be granted for short periods of time and shall be for reasons of a non-recurring nature, and only in limited or special circumstances



Health Leave of Absence – See family Medical Leave Policy #410

Leaves of Absence shall be granted on a limited basis after serious study as to the merits of the request and the impact on the school district. Leaves shall not be granted for the purpose of preserving a position. Teachers granted leaves of absence shall notify the school district in writing as to their intentions for the following year by February 1st.

Source: Cambridge-Isanti Schools

Legal References:

     M.S. 125.60; 122A.46; 3454.094; 354A.091

     M.S.122A.15, Subd. 1; M.S. 123.50, Subd. 5 as amended

Cross References:

     Family Medical Leave Policy #410

Reviewed: 07-23-01, 03-24-16

Approve: 3-16-81, 08-23-01, 04-21-16

 

500 - Students

The policies in category 500 pertain to the roles and functions students of the school district. 

501 - School Weapons Policy

 

POLICY #501

SCHOOL WEAPONS POLICY

I. PURPOSE

The purpose of this policy is to assure a safe school environment for students, staff and the public.

II. GENERAL STATEMENT OF POLICY

No student or nonstudent, including adults and visitors, shall possess, use or distribute a weapon when in a school location except as provided in this policy. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school employee, volunteer, or member of the public who violates this policy.

III. DEFINITIONS

A. "Weapon"

1. A "weapon" means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury.

2. No person shall possess, use or distribute any object, device or instrument having the appearance of a weapon and such objects, devices or instruments shall be treated as weapons.

3. No person shall use articles designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, etc.), to inflict bodily harm and/or intimidate and such use will be treated as the possession and use of a weapon.

B. "School Location" includes any school building or grounds, whether leased, rented, owned or controlled by the school, locations of school activities or trips, bus stops, school buses or school vehicles, school-contracted vehicles, the area of entrance or departure from school premises or events, all locations where school-related functions are conducted, and anywhere students are under the jurisdiction of the school district.

C. "Possession" means having a weapon on one’s person or in an area subject to one’s control in a school location.

IV. EXCEPTIONS

A. A student who finds a weapon on the way to school or in a school location, or a student who discovers that he or she accidentally has a weapon in his or her 501-2

possession, and takes the weapon immediately to the principal’s office shall not be considered to possess a weapon. If it would be impractical or dangerous to take the weapon to the principal’s office, a student shall not be considered to possess a weapon if he or she immediately turns the weapon over to an administrator, teacher or head coach or immediately notifies an administrator, teacher or head coach of the weapon’s location.

B. It shall not be a violation of this policy if a nonstudent (or student where specified) falls within one of the following categories:

1. active licensed peace officers;

2. military personnel, or students or nonstudents participating in military training, who are on duty performing official duties;

3. persons authorized to carry a pistol under Minn. Stat. § 624.714 while in a motor vehicle or outside of a motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle;

4. persons who keep or store in a motor vehicle pistols in accordance with Minn. Stat. §§ 624.714 or 624.715 or other firearms in accordance with § 97B.045;

a. Section 624.714 specifies procedures and standards for obtaining pistol permits and penalties for the failure to do so. Section 624.715 defines an exception to the pistol permit requirements for "antique firearms which are carried or possessed as curiosities or for their historical significance or value."

b. Section 97B.045 generally provides that a firearm may not be transported in a motor vehicle unless it is (1) unloaded and in a gun case without any portion of the firearm exposed; (2) unloaded and in the closed trunk; or (3) a handgun carried in compliance with §§ 624.714 and 624.715. 5. firearm safety or marksmanship courses or activities for students or nonstudents conducted on school property;

6. possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;

7. a gun or knife show held on school property;

8. possession of non-operable replica firearms with written permission of the principal or other person having general control and supervision of the school.

9. persons who are on unimproved property owned or leased by a child care center, school or school district unless the person knows that a student is 501-3 currently present on the land for a school-related activity.

C. Policy Application to Instructional Equipment/Tools

While the school district does not allow the possession, use, or distribution of weapons by students or nonstudents, such a position is not meant to interfere with instruction or the use of appropriate equipment and tools by students or nonstudents. Such equipment and tools, when properly possessed, used, and stored, shall not be considered in violation of the rule against the possession, use, or distribution of weapons. However, when authorized instructional and work equipment and tools are used in a potentially dangerous or threatening manner, such possession and use will be treated as the possession and use of a weapon.

D. Firearms in School Parking Lots and Parking Facilities

A school district may not prohibit the lawful carry or possession of firearms in a school parking lot or parking facility. For purposes of this policy, the "lawful" carry or possession of a firearm in a school parking lot or parking facility is specifically limited to nonstudent permit-holders authorized under Minn. Stat. § 624.714 to carry a pistol in the interior of a vehicle or outside the motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle. Any possession or carry of a firearm beyond the immediate vicinity of a permit-holder’s vehicle shall constitute a violation of this policy.

V. CONSEQUENCES FOR STUDENT WEAPON POSSESSION/

USE/ DISTRIBUTION

A. A. The school district does not allow the possession, use, or distribution of weapons by students. Consequently, the minimum consequence for students possessing, using, or distributing weapons shall include:

1. immediate out-of-school suspension;

2. confiscation of the weapon;

3. immediate notification of police;

4. parent or guardian notification; and

5. recommendation to the superintendent of dismissal for a period of time not to exceed one year.

B. Pursuant to Minnesota law, a student who brings a firearm, as defined by federal law, to school will be expelled for at least one year. The school board may modify this requirement on a case-by-case basis.

C. Administrative Discretion 501-4

While the school district does not allow the possession, use, or distribution of weapons by students, the superintendent may use discretion in determining whether, under the circumstances, a course of action other than the minimum consequences specified above is warranted. If so, other appropriate action may be taken, including consideration of a recommendation for lesser discipline.

VI. CONSEQUENCES FOR WEAPON POSSESSION/USE/

DISTRIBUTION BY NONSTUDENTS

A. Employees

1. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, or discharge as deemed appropriate by the school board.

2. Sanctions against employees, including nonrenewal, suspension, or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.

3. When an employee violates the weapons policy, law enforcement may be notified, as appropriate.

B. Other Nonstudents

1. Any member of the public who violates this policy shall be informed of the policy and asked to leave the school location. Depending on the circumstances, the person may be barred from future entry to school locations. In addition, if the person is a student in another school district, that school district may be contacted concerning the policy violation.

2. If appropriate, law enforcement will be notified of the policy violation by the member of the public and may be asked to provide an escort to remove the member of the public from the school location.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 97B.045 (Transportation of Firearms)

     Minn. Stat. § 121A.05 (Referral to Police)

     Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

     Minn. Stat. § 121A.44 (Expulsion for Possession of Firearm)

     Minn. Stat. § 609.02, Subd. 6 (Definition of Dangerous Weapon)

     Minn. Stat. § 609.605 (Trespass)

     Minn. Stat. § 609.66 (Dangerous Weapons)

     Minn. Stat. § 624.714 (Carrying of Weapons without Permit; Penalties)

     Minn. Stat. § 624.715 (Exemptions; Antiques and Ornaments)

     18 U.S.C. § 921 (Definition of Firearm)

     In re C.R.M. 611 N.W.2d 802 (Minn. 2000) 501-5

Cross References: Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

     Policy 506 (Student Discipline)

     Policy 525 (Violence Prevention)

Review Date: 12-21-98, 8-23-01, 4-22-04, 2-21-06, 11-19-15

Approved: 1-21-99, 9-20-01, 5-20-04, 3-23-06, 12-17-15

502 - Search of Student Lockers, Desks, Personal Possessions and Student's Person

POLICY #502

SEARCH OF STUDENT LOCKERS, DESKS,

PERSONAL POSSESSIONS, AND STUDENT’S PERSON

I. PURPOSE

The purpose of this policy is to provide for a safe and healthful educational environment by enforcing the school district’s policies against contraband.

II. GENERAL STATEMENT OF POLICY

A. Lockers and Personal Possessions within a Locker

Pursuant to Minnesota statutes, school lockers are the property of the school district. At no time does the school district relinquish its exclusive control of lockers provided for the convenience of students. Inspection of the interior of lockers may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant. The personal possessions of students within a school locker may be searched only when school officials have a reasonable suspicion that the search will uncover evidence of a violation of law or school rules. As soon as practicable after the search of a student’s personal possessions, the school officials must provide notice of the search to students whose lockers were searched unless disclosure would impede an ongoing investigation by police or school officials.

B. Desks

School desks are the property of the school district. At no time does the school district relinquish its exclusive control of desks provided for the convenience of students. Inspection of the interior of desks may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant.

C. Personal Possessions and Student’s Person

The personal possessions of students and/or a student’s person may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law or school rules. The search will be reasonable in its scope and intrusiveness.

D. A violation of this policy occurs when students use lockers and desks for unauthorized purposes or to store contraband. A violation occurs when students carry contraband on their person or in their personal possessions.

 

III. DEFINITIONS

A. “Contraband” means any unauthorized item possession of which is prohibited by school district policy and/or law. It includes, but is not limited to, weapons and “look-alikes,” alcoholic beverages, controlled substances and “look-alikes,” overdue books and other materials belonging to the school district, and stolen property.

B. “Personal possessions” includes, but is not limited to, purses, backpacks, book bags, packages, and clothing.

C. “Reasonable suspicion” means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official’s personal observation, a report from a student, parent or staff member, a student’s suspicious behavior, a student’s age and past history or record of conduct both in and out of the school context, or other reliable sources of information.

D. “Reasonable scope” means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g., to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.

IV. PROCEDURES

A. School officials may inspect the interiors of lockers and desks for any reason at any time, without notice, without student consent, and without a search warrant.

B. School officials may inspect the personal possessions of a student and/or a student’s person based on a reasonable suspicion that the search will uncover a violation of law or school rules. A search of personal possessions of a student and/or a student’s person will be reasonable in its scope and intrusiveness.

C. As soon as practicable after a search of personal possessions within a locker pursuant to this policy, the school officials must provide notice of the search to students whose possessions were searched unless disclosure would impede an ongoing investigation by police or school officials.

D. Whenever feasible, a search of a person shall be conducted in private by a school official of the same sex. A second school official of the same sex shall be present as an observer during the search of a person whenever feasible.

E. A strip search is a search involving the removal of coverings or clothing from private areas. Mass strip searches, or body cavity searches, are prohibited. Strip searches will be conducted only in circumstances involving imminent danger.

F. A school official conducting any other search may determine when it is appropriate to have a second official present as an observer.

G. A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate. The school district shall provide a copy of this policy to a student when the student is given use of a locker.

V. DIRECTIVES AND GUIDELINES

School administration may establish reasonable directives and guidelines which address specific needs of the school district, such as use of tape in lockers, standards of cleanliness and care, posting of pin-ups and posters which may constitute sexual harassment, etc.

VI. SEIZURE OF CONTRABAND

If a search yields contraband, school officials will seize the item and, where appropriate, turn it over to legal officials for ultimate disposition.

VII. VIOLATIONS

A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to discipline in accordance with the school district’s Student Discipline Policy, which may include suspension, exclusion, or expulsion, and the student may, when appropriate, be referred to legal officials.

Source: Cambridge-Isanti Schools

Legal References:

U. S. Const., amend. IV

Minn. Const., art. I, § 10

Minn. Stat. § 121A.72 (School Locker Policy)

New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985)

G.C. v. Owensboro Public Schools, 711 F.3d 623 (6th Cir. 2013)

Cross References:

Policy 417 (Chemical Use and Abuse)

Policy 418 (Drug-Free Workplace/Drug-Free School)

Policy 501 (School Weapons)

Policy 506 (Student Discipline)

Reviewed: 8-23-01, 04-21-16

Approved: 9-20-01, 05-19-16

503 - Student Attendance

POLICY #503

STUDENT ATTENDANCE

PURPOSE

A. The school board believes that regular school attendance is directly related to success in academic work, benefits students socially, provides opportunities for important communications between teachers and students, and establishes regular habits of dependability important to the future of the student. The purpose of this policy is to encourage regular school attendance. It is intended to be positive and not punitive.

B. This policy also recognizes that class attendance is a joint responsibility to be shared by the student, parent or guardian, teacher, and administrators. This policy will assist students in attending class.

II. GENERAL STATEMENT OF POLICY

A. Responsibilities

1. Student’s Responsibility

It is the student’s right to be in school. It is also the student’s responsibility to attend all assigned classes and study halls every day that school is in session and to be aware of and follow the correct procedures when absent from an assigned class or study hall. Finally, it is the student’s responsibility to request any missed assignments due to an absence.

2. Parent or Guardian’s Responsibility

It is the responsibility of the student’s parent or guardian to ensure the student is attending school, to inform the school in the event of a student absence, and to work cooperatively with the school and the student to solve any attendance problems that may arise.

3. Teacher’s Responsibility

It is the teacher’s responsibility to take daily attendance and to maintain accurate attendance records in each assigned class and study hall. It is also the teacher’s responsibility to be familiar with all procedures governing attendance and to apply these procedures uniformly. It is also the teacher’s responsibility to provide any student who has been absent with any missed assignments upon request. Finally, it is the teacher’s responsibility to work cooperatively with the student’s parent or guardian and the student to solve any attendance problems that may arise. 2

4. Administrator’s Responsibility

a. It is the administrator’s responsibility to require students to attend all assigned classes and study halls. It is also the administrator’s responsibility to be familiar with all procedures governing attendance and to apply these procedures uniformly to all students, to maintain accurate records on student attendance, and to prepare a list of the previous day’s absences stating the status of each. Finally, it is the administrator’s responsibility to inform the student’s parent or guardian of the student’s attendance and to work cooperatively with them and the student to solve attendance problems.

b. In accordance with the Minnesota Compulsory Instruction Law, Minn. Stat. § 120A.22, the students of the school district are REQUIRED to attend all assigned classes and/or study halls every day school is in session, unless the student has been excused by the school board from attendance because the student has already completed state and school district standards required to graduate from high school, has withdrawn, or has a valid excuse for absence.

B. Attendance Procedures

Attendance procedures shall be presented to the school board for review and approval. When approved by the school board, the attendance procedures will be included as an addendum to this policy.

1. Excused Absences

a. To be considered an excused absence, the student’s parent or legal guardian may be asked to verify, in writing, the reason for the student’s absence from school, and may request documentation in the event excessive excused absences are noted A note from a physician or a licensed mental health professional stating that the student cannot attend school is a valid excuse.

b. The following are examples of what may be sufficient to constitute excused absences:

(1) Illness.

(2) Serious illness in the student’s immediate family.

(3) A death or funeral in the student’s immediate family or of a close friend or relative.

(4) Medical, dental, or orthodontic treatment, or a counseling appointment. 3

(5) Court appearances occasioned by family or personal action.

(6) Religious instruction not to exceed three hours in any week.

(7) Physical emergency conditions such as fire, flood, storm, etc.

(8) Official school field trip or other school-sponsored outing.

(9) Removal of a student pursuant to a suspension. Suspensions are to be handled as excused absences and students will be permitted to complete make-up work.

(10) Family emergencies.

(11) Active duty in any military branch of the United States.

(12) A student’s condition that requires ongoing treatment for a mental health diagnosis.

(13) Family vacations or trips with sufficient advanced notice and approval

c. Consequences of Excused Absences

(1) Students whose absences are excused are required to make up all assignments missed or to complete alternative assignments as deemed appropriate by the classroom teacher.

(2) Work missed because of absence must be made up within a reasonable amount of time from the date of the student’s return to school. Any work not completed within this period shall result in "no credit" for the missed assignment. However, the building principal or the classroom teacher may extend the time allowed for completion of make-up work in the case of an extended illness or other extenuating circumstances.

2. Unexcused Absences

a. The following are examples of absences which will not be excused:

(1) Truancy. An absence by a student which was not approved by the parent and/or the school district. 4

(2) Any absence in which the student failed to comply with any reporting requirements of the school district’s attendance procedures.

(3) Work at home.

(4) Work at a business, except under a school-sponsored work release program.

(5) Any other absence not included under the attendance policy will be assessed on a case-by-case basis

b. Consequences of Unexcused Absences

(1) Absences resulting from official suspension will be handled in accordance with the Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.

(2) Days during which a student is suspended from school shall not be counted in a student’s total cumulated unexcused absences.

(3) In cases of recurring unexcused absences, the administration may also request the county attorney to file a petition with the juvenile court, pursuant to Minnesota statutes.

(4) Students with unexcused absences may be subject to discipline.

C. Tardiness

1. Definition: Students are expected to be in their assigned area at designated times. Failure to do so constitutes tardiness.

2. Procedure for Reporting Tardiness: Students tardy at the start of school must report to the school office for an admission slip.

D. Participation in Extracurricular Activities and School-Sponsored On-the-Job Training Programs

1. This policy applies to all students involved in any extracurricular activity scheduled either during or outside the school day and any school-sponsored on-the-job training programs.

2. School-initiated absences will be accepted and participation permitted.

3. A student may not participate in any activity or program if he or she has an 5

unexcused absence from any class during the day.

4. If a student is suspended from any class, he or she may not participate in any activity or program that day.

5. If a student is absent from school due to medical reasons, he or she must present a physician’s statement or a statement from the student’s parent or guardian clearing the student for participation that day. The note must be presented to the coach or advisor before the student participates in the activity or program.

III. DISSEMINATION OF POLICY

This policy shall be available on the District website. . This policy shall also be available upon request in each principal’s office.

IV. REQUIRED REPORTING

A. Continuing Truant

Minn. Stat. § 260A.02 provides that a continuing truant is a student who is subject to the compulsory instruction requirements of Minn. Stat. § 120A.22 and is absent from instruction in a school, as defined in Minn. Stat. § 120A.05, without valid excuse within a single school year for:

1. Three days if the child is in elementary school; or

2. Three or more class periods on three days if the child is in middle school, junior high school, or high school.

B. Reporting Responsibility

When a student is initially classified as a continuing truant, Minn. Stat. § 260A.03 provides that the school attendance officer or other designated school official shall notify the student’s parent or legal guardian, by first class mail or other reasonable means, of the following:

1. That the child is truant;

2. That the parent or guardian should notify the school if there is a valid excuse for the child’s absences;

3. That the parent or guardian is obligated to compel the attendance of the child at school pursuant to Minn. Stat. § 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution under Minn. Stat. § 120A.34; 6

4. That this notification serves as the notification required by Minn. Stat. § 120A.34;

5. That alternative educational programs and services may be available in the child’s enrolling or resident district;

6. That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the child’s truancy;

7. That if the child continues to be truant, the parent and child may be subject to juvenile court proceedings under Minn. Stat. Ch. 260;

8. That if the child is subject to juvenile court proceedings, the child may be subject to suspension, restriction, or delay of the child’s driving privilege pursuant to Minn. Stat. § 260C.201; and

9. That it is recommended that the parent or guardian accompany the child to school and attend classes with the child for one day.

C. Habitual Truant

1. A habitual truant is a child under the age of 17 years who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school, or high school, or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school.

2. A school district attendance officer shall refer a habitual truant child and the child’s parent or legal guardian to appropriate services and procedures, under Minn. Stat. Ch. 260A.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 120A.05 (Definitions)

     Minn. Stat. § 120A.22 (Compulsory Instruction)

     Minn. Stat. § 120A.24 (Reporting)

     Minn. Stat. § 120A.26 (Enforcement and Prosecution)

     Minn. Stat. Stat. § 120A.34 (Violations; Penalties)

     Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

     Minn. Stat. § 260A.02 (Definitions)

     Minn. Stat. § 260A.03 (Notice to Parent or Guardian When Child is a Continuing Truant)

     Minn. Stat. § 260C.007, Subd. 19 (Habitual Truant Defined)

     Minn. Stat. § 260C.201 (Dispositions; Children in Need of Protection 7 Or Services or Neglected and in Foster Care)

     Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975)

     Slocum v. Holton Board of Education, 429 N.W.2d 607 (Mich. App. Ct. 988) Campbell v. Board of Education of New Milford, 475 A.2d 289 (Conn. 1984)

     Hamer v. Board of Education of Township High School District No. 113, 66 Ill. App.3d 7, 383 N.E.2d 231 (1978)

     Gutierrez v. School District R-1, 585 P.2d 935 (Co. Ct. App. 1978)

     Knight v. Board of Education, 38 Ill. App. 3d 603, 348 N.E.2d 299 (1976)

     Dorsey v. Bale, 521 S.W.2d 76 (Ky. 1975)

Cross References:

     Policy 506 (Student Discipline

Reviewed: 08-22-02, 07-17-03, 02-21-06, 08-19-10, 01-21-16

Approved: 09-26-02, 08-21-03, 03-23-06, 09-23-10, 02-18-16

504 - Student Dress and Appearance

Policy #504

STUDENT DRESS AND APPEARANCE

I.         PURPOSE

The purpose of this policy is to enhance the education of students by establishing expectations of dress and grooming that are related to educational goals.

II.        GENERAL STATEMENT OF POLICY

A.        The policy of the school district is to encourage students to be dressed appropriately for school activities.  This is a joint responsibility of the student and the student’s parent(s) or guardian(s).

B.        Appropriate clothing includes, but is not limited to, the following:

1.         Clothing appropriate for the weather.

2.         Clothing that does not create a health or safety hazard. 

3.         Clothing appropriate for the activity (i.e., physical education or the classroom).

C.        Inappropriate clothing includes, but is not limited to, the following:

1.         Short shorts, skimpy tank tops, and tops that expose the midriff.

2.         Clothing bearing a message that is lewd, vulgar, or obscene.

3.         Apparel promoting products or activities that are illegal for use by minors.

4.         Objectionable emblems, badges, symbols, signs, words, objects or pictures on clothing or jewelry communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group, evidences gang membership or affiliation, or approves, advances, or provokes any form of religious, racial, or sexual harassment and/or violence against other individuals as defined in Cambridge-Isanti Schools Policy 413.

5.         Any apparel or footwear that would damage school property.

D.        Hats are not allowed in the building except with the approval of the building principal (i.e., student undergoing chemotherapy; medical situations).

E.         The intention of this policy is not to abridge the rights of students to express political, religious, philosophical, or similar opinions by wearing apparel on which such messages are stated.  Such messages are acceptable as long as they are not lewd, vulgar, obscene, defamatory, profane, or do not advocate violence or harassment against others.

F.         “Gang,” as defined in this policy, means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or whose members engaged in a pattern of criminal gang activity.  “Pattern of gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of or belong to the same criminal street gang.

III.      PROCEDURES

A.        When, in the judgment of the administration, a student’s appearance, grooming, or mode of dress interferes with or disrupts the educational process or school activities, or poses a threat to the health or safety of the student or others, the student will be directed to make modifications or will be sent home for the day.  Parents/guardians will be notified.

B.        The administration may recommend a form of dress considered appropriate for a specific event and communicate the recommendation to students and parents/guardians.

C.        Likewise, an organized student group may recommend a form of dress for students considered appropriate for a specific event and make such recommendation to the administration for approval.

Source:                       Cambridge-Isanti Schools

Legal References:

  • U. S. Const., amend. I
  • Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 73
  • B.W.A. v. Farmington R-7 Sch. Dist., 554 F.3d 734 (8th Cir. 2009) Lowry v. Watson Chapel Sch. Dist., 540 F.3d 752 (8th Cir. 2008) Stephenson v. Davenport Cmty. Sch. Dist., 110 F.3d 1303 (8th Cir. 1997)
  • B.H. ex rel. Hawk v. Easton Area School Dist., 725 F.3d 293 (3rd Cir. 2013)
  • D.B. ex rel. Brogdon v. Lafon, 217 Fed.Appx. 518 (6th Cir. 2007)
  • Hardwick v. Heyward, 711 F.3d 426 (4th Cir. 2013)
  • Madrid v. Anthony, 510 F.Supp.2d 425 (S.D. Tex. 2007)
  • McIntire v. Bethel School, Indep. Sch. Dist. No. 3, 804 F.Supp. 1415 (W.D.  Okla. 1992)
  • Hicks v. Halifax County Bd. of Educ., 93 F.Supp.2d 649 (E.D. N.C. 1999)
  • Olesen v. Bd. of Educ. of Sch. Dist. No. 228, 676 F.Supp. 820 (N.D. Ill. 1987)

Cross References:

  • Policy 413 (Harassment and Violence)
  • Policy 506 (Student Discipline)
  • Policy 525 (Violence Prevention)

Reviewed:                   3-21-02, 2-22-07, 5-22-08, 9-24-09, 7-22-10, 12-15-16

Approved:                   4-18-02, 2-22-07, 5-22-08, 9-24-09, 7-22-10, 01-19-17

                                                                             

505 - Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees

505.1 - Distribution of Information for Political and Activities

506 - Student Discipline

POLICY #506

STUDENT DISCIPLINE

I. PURPOSE

The purpose of this policy is to ensure that students are aware of and comply with the school district’s expectations for student conduct. Such compliance will enhance the school district’s ability to maintain discipline and ensure that there is no interference with the educational process. The school district will take appropriate disciplinary action when students fail to adhere to the Code of Student Conduct established by this policy.

II. GENERAL STATEMENT OF POLICY

The school board recognizes that individual responsibility and mutual respect are essential components of the educational process. The school board further recognizes that nurturing the maturity of each student is of primary importance and is closely linked with the balance that must be maintained between authority and self-discipline as the individual progresses from a child’s dependence on authority to the more mature behavior of self-control.

All students are entitled to learn and develop in a setting which promotes respect of self, others, and property. Proper positive discipline can only result from an environment which provides options and stresses student self-direction, decision-making, and responsibility. Schools can function effectively only with internal discipline based on mutual understanding of rights and responsibilities.

Students must conduct themselves in an appropriate manner that maintains a climate in which learning can take place. Overall decorum affects student attitudes and influences student behavior. Proper student conduct is necessary to facilitate the education process and to create an atmosphere conducive to high student achievement.

Although this policy emphasizes the development of self-discipline, it is recognized that there are instances when it will be necessary to administer disciplinary measures. The position of the school district is that a fair and equitable district-wide student discipline policy will contribute to the quality of the student’s educational experience. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56.

In view of the foregoing and in accordance with Minn. Stat. § 121A.55, the school board, with the participation of school district administrators, teachers, employees, students, parents, community members, and such other individuals and organizations as appropriate, has developed this policy which governs student conduct and applies to all students of the school district.

III. AREAS OF RESPONSIBILITY

A. The School Board. The school board holds all school personnel responsible for the maintenance of order within the school district and supports all personnel acting within the framework of this discipline policy.

B. Superintendent. The superintendent shall establish guidelines and directives to carry out this policy, hold all school personnel, students, and parents responsible for conforming to this policy, and support all school personnel performing their duties within the framework of this policy. The superintendent shall also establish guidelines and directives for using the services of appropriate agencies for assisting students and parents. Any guidelines or directives established to implement this policy shall be submitted to the school board for approval and shall be attached as an addendum to this policy.

C. Principal. The school principal is given the responsibility and authority to formulate building rules and regulations necessary to enforce this policy, subject to final school board approval. The principal shall give direction and support to all school personnel performing their duties within the framework of this policy. The principal shall consult with parents of students conducting themselves in a manner contrary to the policy. The principal shall also involve other professional employees in the disposition of behavior referrals and shall make use of those agencies appropriate for assisting students and parents. A principal, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another.

D. Teachers. All teachers shall be responsible for providing a well-planned teaching/learning environment and shall have primary responsibility for student conduct, with appropriate assistance from the administration. All teachers shall enforce the Code of Student Conduct. In exercising the teacher’s lawful authority, a teacher may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another.

E. Other School District Personnel. All school district personnel shall be responsible for contributing to the atmosphere of mutual respect within the school. Their responsibilities relating to student behavior shall be as authorized and directed by the superintendent. A school employee, school bus driver, or other agent of a school district, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to restrain a student or prevent bodily harm or death to another.

F. Parents or Legal Guardians. Parents and guardians shall be held responsible for the behavior of their children as determined by law and community practice. They are expected to cooperate with school authorities and to participate regarding the behavior of their children.

G. Students. All students shall be held individually responsible for their behavior and for knowing and obeying the Code of Student Conduct and this policy.

H. Community Members. Members of the community are expected to contribute to the establishment of an atmosphere in which rights and duties are effectively acknowledged and fulfilled.

IV. STUDENT RIGHTS

All students have the right to an education and the right to learn.

V. STUDENT RESPONSIBILITIES

All students have the responsibility:

A. For their behavior and for knowing and obeying all school rules, regulations, policies, and procedures;

B. To attend school daily, except when excused, and to be on time to all classes and other school functions;

C. To pursue and attempt to complete the courses of study prescribed by the state and local school authorities;

D. To make necessary arrangements for making up work when absent from school;

E. To assist the school staff in maintaining a safe school for all students;

F. To be aware of all school rules, regulations, policies, and procedures, including those in this policy, and to conduct themselves in accord with them;

G. To assume that until a rule or policy is waived, altered, or repealed, it is in full force and effect;

H. To be aware of and comply with federal, state, and local laws;

I. To volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate;

J. To respect and maintain the school’s property and the property of others;

K. To dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable school district policy;

L. To avoid inaccuracies in student newspapers or publications and refrain from indecent or obscene language;

M. To conduct themselves in an appropriate physical or verbal manner; and

N. To recognize and respect the rights of others.

VI. CODE OF STUDENT CONDUCT

A. The following are examples of unacceptable behavior subject to disciplinary action by the school district. These examples are not intended to be an exclusive list. Any student who engages in any of these activities shall be disciplined in accordance with this policy. This policy applies to all school buildings, school grounds, and school property or property immediately adjacent to school grounds; school-sponsored activities or trips; school bus stops; school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes; the area of entrance or departure from school premises or events; and all school-related functions, school-sponsored activities, events, or trips. School district property also may mean a student’s walking route to or from school for purposes of attending school or school-related functions, activities, or events. While prohibiting unacceptable behavior subject to disciplinary action at these locations and events, the school district does not represent that it will provide supervision or assume liability at these locations and events. This policy also applies to any student whose conduct at any time or in any place interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student, other students, or employees.

1. Violations against property including, but not limited to, damage to or destruction of school property or the property of others, failure to compensate for damage or destruction of such property, arson, breaking and entering, theft, robbery, possession of stolen property, extortion, trespassing, unauthorized usage, or vandalism;

2. The use of profanity or obscene language, or the possession of obscene materials;

3. Gambling, including, but not limited to, playing a game of chance for stakes;

4. Violation of the school district rules, regulations and policies, including but not limited to: Hazing Prohibition Policy; Student Attendance Policy; Weapons Policy, Violence Prevention Policy; Internet Acceptable Use and Safety Policy; Search of Student Lockers, Desks, Personal Possessions, and Student’s Person Policy; Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches Policy; Student Transportation Safety Policy; Student Use and Parking of Motor Vehicles, Patrols, Inspections, and Searches Policy; Bullying Prohibition Policy; Harassment and Violence Policy; Distribution of Non-school-Sponsored Materials on School Premises by Students and Employees Policy;

5. Attendance problems including, but not limited to, truancy, absenteeism, tardiness, skipping classes, or leaving school grounds without permission;

6. Opposition to authority using physical force or violence;

7. Using, possessing, or distributing tobacco or tobacco paraphernalia;

8. Using, possessing, distributing, intending to distribute, making a request to another person for (solicitation), or being under the influence of alcohol or other intoxicating substances or look-alike substances;

9. Using, possessing, distributing, intending to distribute, making a request to another person for (solicitation), or being under the influence of narcotics, drugs, or other controlled substances, (except as prescribed by a physician), or look-alike substances, (these prohibitions include medical marijuana or medical cannabis, even when prescribed by a physician, and one student sharing prescription medication with another student);

10. Using, possessing, or distributing items or articles that are illegal or harmful to persons or property including, but not limited to, drug paraphernalia;

11. Using, possessing, or distributing weapons, or look-alike weapons or other dangerous objects;

12. Possession of ammunition including, but not limited to, bullets or other projectiles designed to be used in or as a weapon;

13. Possession, use, or distribution of explosives or any compound or mixture, the primary or common purpose or intended use of which is to function as an explosive;

14. Possession, use, or distribution of fireworks or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation;

15. Using an ignition device, including a butane or disposable lighter or matches, inside an educational building and under circumstances where there is a risk of fire, except where the device is used in a manner authorized by the school;

16. Criminal activity, violation of any local, state, or federal law as appropriate;

17. Acts disruptive of the educational process, including, but not limited to, disobedience, disruptive or disrespectful behavior, defiance of authority, cheating, insolence, insubordination, failure to identify oneself, improper activation of fire alarms, or bomb threats;

18. Possession of nuisance devices or objects which cause distractions and may facilitate cheating including, but not limited to, pagers, radios, and phones, including picture phones;

19. Violation of parking or school traffic rules and regulations, including, but not limited to, driving on school property in such a manner as to endanger persons or property;

20. Violation of directives or guidelines relating to lockers or improperly gaining access to a school locker;

21. Possession or distribution of slanderous, libelous, or pornographic materials;

22. Clothing which is related to or offensive in regard to a contemporary sensitive issue, student attire or personal grooming which creates a danger to health or safety or creates a disruption to the educational process, including clothing which bears a message which is lewd, vulgar, or obscene, apparel promoting products or activities that are illegal for use by minors, or clothing containing objectionable emblems, signs, words, objects, or pictures communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group or which connotes gang membership;

23. Falsification of any records, documents, notes, or signatures;

24. Tampering with, changing, or altering records or documents of the school district by any method including, but not limited to, computer access or other electronic means;

25. Scholastic dishonesty which includes, but is not limited to, cheating on a school assignment or test, plagiarism, or collusion, including the use of picture phones or other technology to accomplish this end;

26. Impertinent or disrespectful language toward teachers or other school district personnel;

27. Actions, including fighting or any other assaultive behavior, which causes or could cause injury to the student or other persons or which otherwise endangers the health, safety, or welfare of teachers, students, other school district personnel, or other persons;

28. Committing an act which inflicts great bodily harm upon another person, even though accidental or a result of poor judgment;

29. Violations against persons, including, but not limited to, assault or threatened assault, fighting, harassment, interference or obstruction, attack with a weapon, or look-alike weapon, sexual assault, illegal or inappropriate sexual conduct, or indecent exposure;

30. Verbal assaults or verbally abusive behavior including, but not limited to, use of language that is discriminatory, abusive, obscene, threatening, intimidating, or that degrades other people;

31. Physical or verbal threats including, but not limited to, the staging or reporting of dangerous or hazardous situations that do not exist;

32. Inappropriate, abusive, threatening, or demeaning actions based on race, color, creed, religion, sex, marital status, status with regard to public assistance, disability, national origin, or sexual orientation;

33. Other acts, as determined by the school district, which are disruptive of the educational process or dangerous or detrimental to the student or other students, school district personnel or surrounding persons, or which violate the rights of others or which damage or endanger the property of the school, or which otherwise interferes with or obstruct the mission or operations of the school district or the safety or welfare of students or employees.

VII. DISCIPLINARY ACTION OPTIONS

The general policy of the school district is to utilize progressive discipline to the extent reasonable and appropriate based upon the specific facts and circumstances of student misconduct. The specific form of discipline chosen in a particular case is solely within the discretion of the school district. At a minimum, violation of school district rules, regulations, policies, or procedures will result in discussion of the violation and a verbal warning. The school district shall, however, impose more severe disciplinary sanctions for any violation, including exclusion or expulsion, if warranted by the student’s misconduct, as determined by the school district. Disciplinary action may include, but is not limited to, one or more of the following:

A. Student conference with teacher, principal, counselor, or other school district personnel, and verbal warning;

B. Confiscation by school district personnel and/or by law enforcement of any item, article, object, or thing, prohibited by, or used in the violation of, any school district policy, rule, regulation, procedure, or state or federal law. If confiscated by the school district, the confiscated item, article, object, or thing will be released only to the parent/guardian following the completion of any investigation or disciplinary action instituted or taken related to the violation.

C. Parent contact;

D. Parent conference;

E. Removal from class;

F. In-school suspension;

G. Suspension from extracurricular activities;

H. Detention or restriction of privileges;

I. Loss of school privileges;

J. In-school monitoring or revised class schedule;

K. Referral to in-school support services;

L. Referral to community resources or outside agency services;

M. Financial restitution;

N. Referral to police, other law enforcement agencies, or other appropriate authorities;

O. A request for a petition to be filed in district court for juvenile delinquency adjudication;

P. Out-of-school suspension under the Pupil Fair Dismissal Act;

Q. Preparation of an admission or readmission plan;

R. Saturday school;

S. Expulsion under the Pupil Fair Dismissal Act;

T. Exclusion under the Pupil Fair Dismissal Act; and/or

U. Other disciplinary action as deemed appropriate by the school district.

VIII. REMOVAL OF STUDENTS FROM CLASS

A. The teacher of record shall have the general control and government of the classroom. Teachers have the responsibility of attempting to modify disruptive student behavior by such means as conferring with the student, using positive reinforcement, assigning consequences, or contacting the student’s parents. When such measures fail, or when the teacher determines it is otherwise appropriate based upon the student’s conduct, the teacher shall have the authority to remove the student from class pursuant to the procedures established by this discipline policy. “Removal from class” and “removal” mean any actions taken by a teacher, principal, or other school district employee to prohibit a student from attending a class or activity period for a period of time not to exceed five (5) days, pursuant to this discipline policy.

Grounds for removal from class shall include any of the following:

1. Willful conduct that significantly disrupts the rights of others to an education, including conduct that interferes with a teacher’s ability to teach or communicate effectively with students in a class or with the ability of other students to learn;

2. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school;

3. Willful violation of any school rules, regulations, policies or procedures, including the Code of Student Conduct in this policy; or

4. Other conduct, which in the discretion of the teacher or administration, requires removal of the student from class.

Such removal shall be for at least one (1) activity period or class period of instruction for a given course of study and shall not exceed five (5) such periods.

A student must be removed from class immediately for assault or other indications of violent behavior. “Assault” is an act done with intent to cause fear in another of immediate bodily harm or death; or the intentional infliction of, or attempt to inflict, bodily harm upon another. The removal from class shall be for a period of time deemed appropriate by the principal, in consultation with the teacher.

B. If a student is removed from class more than ten (10) times in a school year, the school district shall notify the parent or guardian of the student’s tenth removal from class and make reasonable attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is causing the student to be removed from class.

IX. DISMISSAL

A. “Dismissal” means the denial of the current educational program to any student, including exclusion, expulsion and suspension. Dismissal does not include removal from class.

The school district shall not deny due process or equal protection of the law to any student involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.

The school district shall not dismiss any student without attempting to provide alternative educational services before dismissal proceedings, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property.

B. Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion. A student may be dismissed on any of the following grounds:

1. Willful violation of any reasonable school board regulation, including those found in this policy;

2. Willful conduct that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties, or school sponsored extracurricular activities; or

3. Willful conduct that endangers the student or other students, or surrounding persons, including school district employees, or property of the school.

C. Suspension Procedures

1. “Suspension” means an action by the school administration, under rules promulgated by the School Board, prohibiting a student from attending school for a period of no more than ten (10) school days; provided, however, if a suspension is longer than five (5) school days, the suspending administrator shall provide the superintendent with a reason for the longer term of suspension. This definition does not apply to dismissal for one (1) school day or less where a student with a disability does not receive regular or special education instruction during that dismissal period.

2. If a student’s total days of removal from school exceed ten (10) cumulative days in a school year, the school district shall make reasonable attempts to convene a meeting with the student and the student’s parent or guardian before subsequently removing the student from school and, with the permission of the parent or guardian, arrange for a mental health screening for the student at the parent or guardian’s expense. The purpose of this meeting is to attempt to determine the pupil’s need for assessment or other services or whether the parent or guardian should have the student assessed or diagnosed to determine whether the student needs treatment for a mental health disorder.

3. Each suspension action may include a readmission plan. The plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission which must not be used to extend the current suspension. A readmission plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition of readmission. School administration must not use the refusal of a parent or guardian to consent to the administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening, or examination of the student as a ground, by itself, to prohibit the student from attending class or participating in a school-related activity, or as a basis of a charge of child abuse, child neglect, or medical or educational neglect. The school administration may not impose consecutive suspensions against the same student for the same course of conduct, or incident of misconduct, except where the student will create an immediate and substantial danger to self or to surrounding persons or property or where the school district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of fifteen (15) days.

4. A child with a disability may be suspended. When a child with a disability has been suspended for more than five (5) consecutive days or ten (10) cumulative school days in the same year, and that suspension does not involve a recommendation for expulsion or exclusion or other change in placement under federal law, relevant members of the child’s IEP team, including at least one of the child’s teachers, shall meet and determine the extent to which the child needs services in order to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals in the child’s IEP. That meeting must occur as soon as possible, but no more than ten (10) days after the sixth (6th) consecutive day of suspension or the tenth (10th) cumulative day of suspension has elapsed.

5. The school administration shall implement alternative educational services when the suspension exceeds five (5) days. Alternative educational services may include, but are not limited to, special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services as indicated by appropriate assessments, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center under Minn. Stat. § 123A.05 selected to allow the pupil to progress toward meeting graduation standards under Minn. Stat. § 120B.02, although in a different setting.

6. The school administration shall not suspend a student from school without an informal administrative conference with the student. The informal administrative conference shall take place before the suspension, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property, in which case the conference shall take place as soon as practicable following the suspension. At the informal administrative conference, a school administrator shall notify the student of the grounds for the suspension, provide an explanation of the evidence the authorities have, and the student may present the student’s version of the facts. A separate administrative conference is required for each period of suspension.

7. After school administration notifies a student of the grounds for suspension, school administration may, instead of imposing the suspension, do one or more of the following:

a. strongly encourage a parent or guardian of the student to attend school with the student for one day;

b. assign the student to attend school on Saturday as supervised by the principal or the principal’s designee; and

c. petition the juvenile court that the student is in need of services under Minn. Stat. Ch. 260C.

8. A written notice containing the grounds for suspension, a brief statement of the facts, a description of the testimony, a readmission plan, and a copy of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56, shall be personally served upon the student at or before the time the suspension is to take effect, and upon the student’s parent or guardian by mail within forty-eight (48) hours of the conference. (See attached sample Notice of Suspension.)

9. The school administration shall make reasonable efforts to notify the student’s parent or guardian of the suspension by telephone as soon as possible following suspension.

10. In the event a student is suspended without an informal administrative conference on the grounds that the student will create an immediate and substantial danger to surrounding persons or property, the written notice shall be served upon the student and the student’s parent or guardian within forty-eight (48) hours of the suspension. Service by mail shall be complete upon mailing.

11. Notwithstanding the foregoing provisions, the student may be suspended pending the school board’s decision in an expulsion or exclusion proceeding, provided that alternative educational services are implemented to the extent that suspension exceeds five (5) days.

D. Expulsion and Exclusion Procedures

1. “Expulsion” means a school board action to prohibit an enrolled student from further attendance for up to twelve (12) months from the date the student is expelled. The authority to expel rests with the school board.

2. “Exclusion” means an action taken by the school board to prevent enrollment or re-enrollment of a student for a period that shall not extend beyond the school year. The authority to exclude rests with the school board.

3. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provisions of the Minnesota Pupil Fair Dismissal Act, Minn. Stat. §§121A.40-121A.56.

4. No expulsion or exclusion shall be imposed without a hearing, unless the right to a hearing is waived in writing by the student and parent or guardian.

5. The student and parent or guardian shall be provided written notice of the school district’s intent to initiate expulsion or exclusion proceedings. This notice shall be served upon the student and his or her parent or guardian personally or by mail, and shall contain a complete statement of the facts; a list of the witnesses and a description of their testimony; state the date, time and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal Act, Minn. Stat. §§ 121A.40-121A.56; describe alternative educational services accorded the student in an attempt to avoid the expulsion proceedings; and inform the student and parent or guardian of their right to: (1) have a representative of the student’s own choosing, including legal counsel at the hearing; (2) examine the student’s records before the hearing; (3) present evidence; and (4) confront and cross-examine witnesses. The school district shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from the Minnesota Department of Education (MDE).

6. The hearing shall be scheduled within ten (10) days of the service of the written notice unless an extension, not to exceed five (5) days, is requested for good cause by the school district, student, parent, or guardian.

7. All hearings shall be held at a time and place reasonably convenient to the student, parent, or guardian and shall be closed, unless the student, parent, or guardian requests an open hearing.

8. The school district shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.

9. The student shall have a right to a representative of the student’s own choosing, including legal counsel, at the student’s sole expense. The school district shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from MDE. The school board may appoint an attorney to represent the school district in any proceeding.

10. If the student designates a representative other than the parent or guardian, the representative must have a written authorization from the student and the parent or guardian providing them with access to and/or copies of the student’s records.

11. All expulsion or exclusion hearings shall take place before and be conducted by an independent hearing officer designated by the school district. The hearing shall be conducted in a fair and impartial manner. Testimony shall be given under oath and the hearing officer shall have the power to issue subpoenas and administer oaths.

12. At a reasonable time prior to the hearing, the student, parent or guardian, or authorized representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the proposed dismissal action may be based.

13. The student, parent or guardian, or authorized representative, shall have the right to compel the presence of any school district employee or agent or any other person who may have evidence upon which the proposed dismissal action may be based, and to confront and cross-examine any witnesses testifying for the school district.

14. The student, parent or guardian, or authorized representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony.

15. The student cannot be compelled to testify in the dismissal proceedings.

16. The hearing officer shall prepare findings and a recommendation based solely upon substantial evidence presented at the hearing, which must be made to the school board and served upon the parties within two (2) days after the close of the hearing.

17. The school board shall base its decision upon the findings and recommendation of the hearing officer and shall render its decision at a meeting held within five (5) days after receiving the findings and recommendation. The school board may provide the parties with the opportunity to present exceptions and comments to the hearing officer’s findings and recommendation provided that neither party presents any evidence not admitted at the hearing. The decision by the school board must be based on the record, must be in writing, and must state the controlling facts on which the decision is made in sufficient detail to apprise the parties and the Commissioner of Education (Commissioner) of the basis and reason for the decision.

18. A party to an expulsion or exclusion decision made by the school board may appeal the decision to the Commissioner within twenty-one (21) calendar days of school board action pursuant to Minn. Stat. § 121A.49. The decision of the school board shall be implemented during the appeal to the Commissioner.

19. The school district shall report any suspension, expulsion or exclusion action taken to the appropriate public service agency, when the student is under the supervision of such agency.

20. The school district must report, through the MDE electronic reporting system, each expulsion or exclusion within thirty (30) days of the effective date of the action to the Commissioner. This report must include a statement of alternative educational services given the student and the reason for, the effective date, and the duration of the exclusion or expulsion. The report must also include the student’s age, grade, gender, race, and special education status. The dismissal report must include state student identification numbers of affected students.

21. Whenever a student fails to return to school within ten (10) school days of the termination of dismissal, a school administrator shall inform the student and his/her parent or guardian by mail of the student’s right to attend and to be reinstated in the school district.

X. ADMISSION OR READMISSION PLAN

A school administrator shall prepare and enforce an admission or readmission plan for any student who is excluded or expelled from school. The plan may include measures to improve the student’s behavior, including completing a character education program consistent with Minn. Stat. § 120B.232, Subd. 1, and require parental involvement in the admission or readmission process, and may indicate the consequences to the student of not improving the student’s behavior. The readmission plan must not obligate parents to provide a sympathomimetic medication for their child as a condition of readmission.

XI. NOTIFICATION OF POLICY VIOLATIONS

Notification of any violation of this policy and resulting disciplinary action shall be as provided herein, or as otherwise provided by the Pupil Fair Dismissal Act or other applicable law. The teacher, principal or other school district official may provide additional notification as deemed appropriate.

XII. STUDENT DISCIPLINE RECORDS

The policy of the school district is that complete and accurate student discipline records be maintained. The collection, dissemination, and maintenance of student discipline records shall be consistent with applicable school district policies and federal and state law, including the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13.

XIII. DISABLED STUDENTS

Students who are currently identified as eligible under the IDEA or Section 504 will be subject to the provisions of this policy, unless the student’s IEP or 504 plan specifies a necessary modification.

Before initiating an expulsion or exclusion of a student with a disability, relevant members of the child’s IEP team and the child’s parent shall, consistent with federal law, conduct a manifestation determination and determine whether the child’s behavior was (i) caused by or had a direct and substantial relationship to the child’s disability and (ii) whether the child’s conduct was a direct result of a failure to implement the child’s IEP. If the student’s educational program is appropriate and the behavior is not a manifestation of the student’s disability, the school district will proceed with discipline – up to and including expulsion – as if the student did not have a disability, unless the student’s educational program provides otherwise. If the team determines that the behavior subject to discipline is a manifestation of the student’s disability, the team shall conduct a functional behavioral assessment and implement a behavioral intervention plan for such student provided that the school district had not conducted such assessment prior to the manifestation determination before the behavior that resulted in a change of placement. Where a behavioral intervention plan previously has been developed, the team will review the behavioral intervention plan and modify it as necessary to address the behavior.

When a student who has an IEP is excluded or expelled for misbehavior that is not a manifestation of the student’s disability, the school district shall continue to provide special education and related services during the period of expulsion or exclusion.

XIV. OPEN ENROLLED STUDENTS

The school district may terminate the enrollment of a nonresident student enrolled under an Enrollment Option Program (Minn. Stat. § 124D.03) or Enrollment in Nonresident District (Minn. Stat. § 124D.08) at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy (Minn. Stat. Ch. 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the enrollment of a nonresident student over the age of seventeen (17) enrolled under an Enrollment Options Program if the student is absent without lawful excuse for one or more periods on fifteen (15) school days and has not lawfully withdrawn from school.

XV. DISTRIBUTION OF POLICY

The school district will notify students and parents of the existence and contents of this policy in such manner as it deems appropriate. Copies of this discipline policy shall be made available to all students and parents at the commencement of each school year and to all new students and parents upon enrollment. This policy shall also be available upon request in each principal’s office.

XVI. REVIEW OF POLICY

The principal and representatives of parents, students and staff in each school building shall confer at least annually to review this discipline policy, determine if the policy is working as intended, and to assess whether the discipline policy has been enforced. Any recommended changes shall be submitted to the superintendent for consideration by the school board, which shall conduct an annual review of this policy.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
  • Minn. Stat. § 120B.02 (Educational Expectations for Minnesota Students)
  • Minn. Stat. § 120B.232 (Character Development Education)
  • Minn. Stat. § 121A.26 (School Pre-assessment Teams)
  • Minn. Stat. § 121A.29 (Reporting; Chemical Abuse)
  • Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
  • Minn. Stat. § 121A.575 (Alternatives to Pupil Suspension)
  • Minn. Stat. § 121A.582 (Reasonable Force)
  • Minn. Stat. §§ 121A.60-121A.61 (Removal from Class)
  • Minn. Stat. § 122A.42 (General Control of Schools)
  • Minn. Stat. § 123A.05 (Area Learning Center Organization)
  • Minn. Stat. § 124D.03 (Enrollment Options Program)
  • Minn. Stat. § 124D.08 (Enrollment in Nonresident District)
  • Minn. Stat. Ch.125A (Students with Disabilities)
  • Minn. Stat. § 152.22 (Medical Cannabis; Definitions)
  • Minn. Stat. § 152.23 (Medical Cannabis; Limitations)
  • Minn. Stat. Ch. 260A (Truancy)
  • Minn. Stat. Ch. 260C (Juvenile Court Act)
  • 20 U.S.C. §§ 1400-1487 (Individuals with Disabilities Education Improvement Act of 2004)
  • 29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, §504)
  • 34 C.F.R. § 300.530(e) (1) (Manifestation Determination)

Cross References:

  • Policy 413 (Harassment and Violence)
  • Policy 501 (School Weapons) Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)
  • Policy 503 (Student Attendance)
  • Policy 505 (Distribution of Non-school-Sponsored Materials on School Premises by Students and Employees)
  • Policy 514 (Bullying Prohibition Policy)
  • Policy 524 (Internet Acceptable Use and Safety Policy)
  • Policy 525 (Violence Prevention)
  • Policy 526 (Hazing Prohibition)
  • Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches)
  • Policy 610 (Field Trips)
  • Policy 709 (Student Transportation Safety Policy)
  • Policy 711 (Video Recording on School Buses)
  • Policy 712 (Video Surveillance Other Than on Buses)

Reviewed: 3-17-03, 4-22-04, 2-24-05, 2-21-06, 5-22-08, 8-19-10, 04-21-16,

06-23-16, 08-18-16

Approved: 9-22-75, 6-21-84, 4-24-03, 5-20-04, 3-17-05, 3-23-06, 6-19-08, 9-23-10,

07-21-16, 08-18-16

506F - Student Discipline Form

The attached form may be printed, completed, and used with student discipline incidents.

507 - Corporal Punishment

508 - Extended School Year for Certain Students with Individualized Education Programs

509 - Enrollment of Non-Resident Students

509.1 - In-District Open Enrollment

509.1F - In-District Enrollment Application

509.2 - Entrance Age

509.2F - Elementary School Early Enrollment Application

509.2P - Early Entrance

509P - PROCEDURE Homeless Student Rights and Enrollment Practices

                                                                                                                          PROCEDURE 509P

 

Homeless Student Rights and Enrollment Practices

Children and youth who are experiencing homelessness must receive the same educational opportunities as other students. Providing education and appropriate services to children and youth who are homeless can present unique challenges. Cambridge-Isanti Schools, Independent School District #911, has the following procedures and practices in place to identify and serve students who are homeless. Proper identification can help assure that students are provided needed services, that the District is providing service in accordance with state and federal requirements, and that the District receives any financial resources available in support of educating homeless students.

Homeless Student Definition: 

Legislation known as the McKinney-Vento Homeless Assistance Act, (42 U.S.C. 11431) considers homeless children and youth to be individuals who lack a fixed, regular and adequate nighttime residence and includes:

  • Children and youth sharing the housing of others persons due to loss of housing (doubled up), economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds; are living in emergency or transitional shelters, are abandoned in hospitals or are awaiting foster care placement
  • Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings
  • Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings; and
  • Migratory children who qualify as homeless because they are living in circumstances described above.

Enrollment Procedures:

In addition to the Cambridge-Isanti Schools enrollment practices for all students, parents, students and someone knowledgeable about the student’s homeless status, can complete the Homeless Enrollment Form. This form is required if students meet any of the following criteria:  

  • Those living in emergency, domestic abuse or transitional shelters
  • Those living temporarily with other family members or friends because they do not have a place of their own
  • Those living in their car, outside or in a public place
  • A child staying in emergency foster care (short-term, this does not include foster placement)
  • An unaccompanied youth who is not in physical custody of a parent or legal guardian

Student Rights:

Under the McKinney-Vento Homeless Assistance Act, students in homeless situations have the right to a free and appropriate public education. Our program ensures homeless students the following educational rights:

  • Stay in their school-of-origin (if distance to school is considered reasonable), which is the school attended when permanently housed or the school in which the student was last enrolled; 
  • Enroll in any school which non-homeless students living in the attendance area are eligible to attend;
  • Enroll in a new school without immunization, proof of residential status, school records, proof of guardianship or other documents;
  • Receive transportation services to their school of origin to the extent feasible;
  • Receive services (including transportation, preschool, meals, special education) comparable to those provided to other students; and
  • Have their enrollment disputes expeditiously addressed by the homeless district liaison and have the right to attend their school during the dispute resolution process.

Dispute Resolution Procedures:

Families and youth in homeless situations may be unaware of their right to dispute placement and enrollment decisions.  When disputes arise, too often, students are kept out of school during the dispute resolution process.  This interruption in education can severely damage students’ academic progress.  Cambridge-Isanti Schools requires that disputes regarding the educational placement of a student in a homeless situation will be expeditiously addressed through a dispute resolution process.  Parents or guardians and unaccompanied youth must be informed of the process and in the event of the dispute; the student must be immediately enrolled in the school of choice while the dispute is being resolved.



If a family or youth in homeless situations attending school wants to pursue their right to a dispute or if the district disagrees with a parent, guardian or homeless youth regarding an issue related to the rights of a homeless student, the following steps must be taken:

  • The school district must immediately enroll the students and arrange for transportation and other services as appropriate.
  • With the involvement of the District Homeless Liaison, who is the Director of Teaching and Learning, attempt to discuss the issues to determine if more information is needed to resolve the issue.
  • If the issue cannot be resolved, a letter will be delivered to the parent/guardian or youth explaining the district’s position as to the homelessness-related dispute. This letter will include a list of advocates or agencies available to provide assistance.
  • Either party may send a written request to the Minnesota Department of Education Homeless State Coordinator asking the State Coordinator to review such decision for compliance with applicable law. Any such request must include documentation related to the dispute resolution proceeding.
  • The State Coordinator may request any additional information from either party that he or she deems relevant in resolving the issue.

Transportation Requirements:

  • Homeless students shall be provided with transportation services comparable to other students in the school district. (42 U.S.C. § 11432(e)(3)(C)(i)(III)(cc) and (g)(4)(A))
  • Upon request by the student’s parent, guardian, or homeless education liaison, the school district shall provide transportation for a homeless student as follows: 
  • A resident student who becomes homeless and is residing in a public or private shelter location or has other non-shelter living arrangements within the school district shall be provided transportation to and from the student’s school of origin and the shelter or other non-shelter location if the shelter or non-shelter location is two or more miles from the school of origin and the student’s transportation privileges have not been revoked. (42 U.S.C. § 11432(g)(1)(J)(iii)(I)) 
  • A resident student who becomes homeless and is residing in a public or private shelter location or has other non-shelter living arrangements outside of the school district shall be provided transportation to and from the student’s school of origin and the shelter or other non-shelter location if the shelter or non-shelter location is two or more miles from the school of origin and the student’s transportation privileges have not been revoked, unless the school district and the school district in which the student is temporarily placed agree that the school district in which the student is temporarily placed shall provide transportation. (Minn. Stat. §125A.51(f); 42 U.S.C. § 11432(g)(1)(J)(iii)(II))
  • If a nonresident student is homeless and is residing in a public or private homeless shelter or has other non-shelter living arrangements within the school district, the school district may provide transportation services between the shelter or non-shelter location and the student’s school of origin outside of the school district upon agreement with the school district in which the school of origin is located. (Minn. Stat. § 125A.51(f))

ENROLLMENT PROCEDURES:

In order to ensure that a student’s homeless status is identified and documented, assistance from any staff member who may have such knowledge, including but not limited to: administrators, administrative assistants, counselors, special education staff and classroom teachers is required. If you have such knowledge, please check with the building administrative assistant or the counseling office secretary in your building to determine if the student is already reported as homeless. If not, please assist the student or family in completing the Homeless Student Documentation Form which is also available in every school office.  You may also complete the form on behalf of the family if you know that their living situation meets the homeless criteria. The building administrative assistant or the counseling office is responsible for collecting the Homeless Student Documentation Form. Please file the original form in the student’s cumulative file and send a copy to the Teaching and Learning Department/Homeless Liaison at the Educational Services Center. 

 

 

510 - School Activities

511 - Student Fundraising

512 - School Sponsored Student Publications and Activities

513 - Student Promotion, Retention and Program Design

 

POLICY #513

STUDENT PROMOTION, RETENTION, and PROGRAM DESIGN

I. PURPOSE

The purpose of this policy is to provide guidance to professional staff, parents and students regarding student promotion, retention and program design.

II. GENERAL STATEMENT OF POLICY

The school board expects all students to achieve at an acceptable level of proficiency. Parental assistance, tutorial and remedial programs, counseling and other appropriate services shall be coordinated and utilized to the greatest extent possible to help students succeed in school.

A. Promotion

Students who achieve at levels deemed acceptable by local and state standards shall be promoted to the next grade level at the completion of each school year.

B. Retention

Retention of a student should only be considered in very limited circumstances when professional staff and parents feel that it is in the best interest of the student. Application must be made by March 1. Upon request, the following procedure will be utilized:

1. Assemble Student Records

Records of current achievement and aptitude will be assembled. Available records may include current and past grades/evaluations in subject areas, standardized test information and any assessment administered outside the school district and made available by the parent(s) or guardian(s).

2. Gather Information from Educators

Information concerning current classroom performance, which may include:

a. the educators’ perspectives on the student’s learning,

b. work samples;

c. classroom performance;

d. ability to work independently;

e. frequency and accuracy of responses;

f. quality and accuracy of class work;

g. knowledge and skill depth and breadth;

h. time and work management skills;

i. study skills;

j. problem-solving;

k. decision-making skills in comparison with age peers;

l. self-evaluation skills;

m. choices in independent activities;

n. Relationship to age peers and adults; and

o. Assessment of interventions used.

3. Gather Information from Parent(s) or Guardian(s)

Parent or guardian perspectives on the student’s learning and current educational placement will be gathered and may include:

a. Perceived academic strengths and limitations;

b. Past patterns of achievement or underachievement;

c. Motivation for learning;

d. Study skills and habits;

e. Work and management skills;

f. Ability to work independently;

g. Attitudes toward school and learning;

h. Level of maturity and emotional stability;

i. Interest areas of the child;

j. Relationships with peers and adults.

4. Convene Child Study Team

The principal will convene a team consisting of the current instructional team and, as appropriate, a school psychologist and/or counselor who will review the available information and determine whether the student is a candidate for retention. The following information will be utilized in determining candidates for retention:

a. Current progress on grade level outcomes;

b. Levels of motivation and persistence;

c. Social and emotional maturity;

d. Parent/guardian perspectives on learning progress of the student;

e. Educator’s perspectives on learning progress of the student.

5. Meet to Review Information

Once information gathering is complete, a conference will be scheduled to review available information. The principal, the instructional team of the current grade, the parent(s)/guardian(s), and, as appropriate, the school psychologist and/or counselor will be involved in this review.

6. Determine Appropriate Action

Information will be reviewed, the final retention decision will be made by the building principal, and a decision will be made to:

a. Develop an educational program plan that makes modifications necessary to meet the grade level learning outcomes; or

b. Retain the student in the present grade/course; or

C. Acceleration Procedures

Grade level acceleration may be considered for students who exhibit superior levels of aptitude and have demonstrated high levels of competency in multiple academic areas. In these cases, the degree to which the regular grade level curriculum demands modification may become difficult for the educators to both facilitate and manage. It is under these circumstances that grade level acceleration may be considered in order to better meet the student’s learning needs.

The school district will adopt procedures for the academic acceleration of gifted and talented students. These procedures will include how the school district will:

1. Assemble Student Records

Records of current achievement and aptitude will be assembled. Available records may include current and past grades/evaluations in subject areas, standardized test information and any assessment administered outside the school district and made available by the parent(s) or guardian(s).

2. Gather Information from Educators

Information concerning current classroom performance, which may include:

a. the educators’ perspectives on the student’s learning;

b. work samples;

c. classroom performance;

d. quality and accuracy of class work;

e. knowledge and skill depth and breadth;

f. time and work management skills;

g. study skills;

h. problem-solving;

i. decision-making skills in comparison with age peers;

j. self-evaluation skills;

3. Gather Information from Parent(s) or Guardian(s)

Parent or guardian perspectives on the student’s learning and current educational placement will be gathered and may include:

a. Perceived academic strengths and limitations;

b. Past patterns of achievement;

c. Motivation for learning;

d. Study skills and habits;

e. Work and management skills;

f. Ability to work independently;

g. Attitudes toward school and learning;

h. Level of maturity and emotional stability;

i. Interest areas of the child;

j. Relationships with peers and adults.

4. Meet to Review Information

Once information gathering is complete, a conference will be scheduled to review available information. The principal, the instructional team of the current grade, the parent(s)/guardian(s), and, as appropriate, the school psychologist and/or counselor will be involved in this review.

D. Program Design

The superintendent, with participation of the professional staff and parents, shall develop and implement programs to challenge students that are consistent with the needs of students at every level. A procedure for screening and identifying students for program assignment shall be developed in coordination with such programs. Opportunities for special programs and placement outside of the school district shall also be developed as additional options.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 120B.15 (Gifted and Talented Program)
  • Minn. Stat. § 123B.143, Subd. 1 (Superintendents)

Cross References:

  • Policy 613 (Graduation Requirements)
  • Policy 614 (School District Testing Plan and Procedure)
  • Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
  • Policy 617 (School District Ensurance of Preparatory and High School Standards)
  • Policy 618 (Assessment of Student Achievement)
  • Policy 620 (Credit for Learning)

Reviewed: 4-20-06, 5-22-08, 7-22-10, 12-03-15

Approved: 5-18-06, 6-19-08, 7-22-10, 01-21-16

514 - Bullying Prohibition Policy

POLICY #514

BULLYING PROHIBITION POLICY

I.         PURPOSE

A safe and civil environment is needed for students to learn and attain high academic standards and to promote healthy human relationships.  Bullying, like other violent or disruptive behavior, is conduct that interferes with a student’s ability to learn and/or a teacher’s ability to educate students in a safe environment.  The school district cannot monitor the activities of students, teachers, administrators, volunteers, contractors, employees, or anyone on school district property at all times and eliminate all incidents of bullying between students, teachers, administrator, volunteers, contractors, employees, or anyone on school district property particularly when students teachers, administrators, volunteers, contractors, employees, or anyone on school district property are not under the direct supervision of school personnel.  However, to the extent such conduct affects the educational environment of the school district and the rights and welfare of its students teachers, administrators, volunteers, contractors, employees or anyone on school district property, and is within the control of the school district in its normal operations, the school district intends to prevent bullying and to take action to investigate, respond to, and to remediate and discipline for those acts of bullying which have not been successfully prevented.  The purpose of this policy is to assist the school district in its goal of preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.

II.        GENERAL STATEMENT OF POLICY

A.        An act of bullying, by either an individual student or a group of students, ,teachers, administrators, volunteers, contractors, employees, or anyone on school district property is expressly prohibited on school premises, on school district property, at school functions or activities, or on school transportation.  This policy applies not only to students, teachers, administrators, volunteers, contractors, employees, or anyone on school district property who directly engage in an act of bullying but also to students ,teachers, administrators, volunteers, contractors, employees or anyone on school district property who, by their indirect behavior, condone or support an  act of bullying.  This policy also applies to any student ,teacher, administrator, volunteer, contractor, employee, or anyone on school district property whose conduct at any time or in any place constitutes bullying or other prohibited conduct that interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student or other students,  ,teachers, administrators, volunteers, contractors, employees, or anyone on school district property or materially and substantially interferes with a student’s educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.  This policy also applies to an act of cyberbullying regardless of whether such act is committed on or off school district property and/or with or without the use of school district resources.

B.        No teacher, administrator, volunteer, contractor, or other employee of the school district shall permit, condone, or tolerate bullying.

C.        Apparent permission or consent by a student being bullied does not lessen or negate the prohibitions contained in this policy.

D.        Retaliation against a victim, good faith reporter, or a witness of bullying is prohibited.

E.         False accusations or reports of bullying against another student ,teacher, administrator, volunteer, contractor, employee, or anyone on school district property are prohibited.

F.         A person who engages in an act of bullying, reprisal, retaliation, or false reporting of bullying or permits, condones, or tolerates bullying shall be subject to discipline or other remedial responses for that act in accordance with the school district’s policies and procedures, including the school district’s discipline policy (See Policy 506).  The school district may take into account the following factors:

1.         The developmental ages and maturity levels of the parties involved;

2.         The levels of harm, surrounding circumstances, and nature of the behavior;

3.         Past incidences or past or continuing patterns of behavior;

4.         The relationship between the parties involved; and

5.         The context in which the alleged incidents occurred.

Consequences for students who commit prohibited acts of bullying may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion.  The school district shall employ research-based developmentally appropriate best practices that include preventative and remedial measures and effective discipline for deterring violations of this policy, apply throughout the school district, and foster student, parent, and community participation.

Consequences for students, teachers, administrators, volunteers, contractors, employees, or anyone on school district property who permit, condone, or tolerate bullying or engage in an act of reprisal or intentional false reporting of bullying may result in disciplinary action up to and including termination or discharge.

Consequences for other individuals engaging in prohibited acts of bullying may include, but not be limited to, exclusion from school district property and events

G.        The school district will act to investigate all complaints of bullying reported to the school district and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employee of the school district who is found to have violated this policy.

III.      DEFINITIONS

For purposes of this policy, the definitions included in this section apply.

A.        “Bullying” means intimidating, threatening, abusive, or harming conduct that is objectively offensive and:

1.         an actual or perceived imbalance of power exists between the student engaging in the prohibited conduct and the target of the prohibited conduct, and the conduct is repeated or forms a pattern; or

2.         materially and substantially interferes with a student’s educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.

The term, “bullying,” specifically includes cyberbullying as defined in this policy. 

B.        “Cyberbullying” means bullying using technology or other electronic communication, including, but not limited to, a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website or forum, transmitted through a computer, cell phone, or other electronic device.  The term applies to prohibited conduct which occurs on school premises, on school district property, at school functions or activities, on school transportation, or on school computers, networks, forums, and mailing lists, or off school premises to the extent that it substantially and materially disrupts student learning or the school environment.

C.        “Immediately” means as soon as possible but in no event longer than 24 hours.

D.        “Intimidating, threatening, abusive, or harming conduct” means, but is not limited to, conduct that does the following:

1.         Causes physical harm to a student or a student’s property or causes a student to be in reasonable fear of harm to person or property;

2.         Under Minnesota common law, violates a student’s reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; or

3.       Is directed at any student or students, teachers, administrators, volunteers, contractors, employees, or anyone on school district property including those based on a person’s actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in the Minnesota Human Rights Act (MHRA).  However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or the MHRA.

E.         “On school premises, on school district property, at school functions or activities, or on school transportation” means all school district buildings, school grounds, and school property or property immediately adjacent to school grounds, school bus stops, school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes, the area of entrance or departure from school grounds, premises, or events, and all school-related functions, school-sponsored activities, events, or trips.  School district property also may mean a student’s walking route to or from school for purposes of attending school or school-related functions, activities, or events.  While prohibiting bullying at these locations and events, the school district does not represent that it will provide supervision or assume liability at these locations and events.

F.         “Prohibited conduct” means bullying or cyberbullying as defined in this policy or retaliation or reprisal for asserting, alleging, reporting, or providing information about such conduct or knowingly making a false report about bullying.

G.        “Remedial response” means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of prohibited conduct.

H.        “Student” means a student enrolled in a public school or a charter school.

IV.       REPORTING PROCEDURE

A.        Any person who believes he or she has been the target or victim of bullying or any person with knowledge or belief of conduct that may constitute bullying or prohibited conduct under this policy shall report the alleged acts immediately to an appropriate school district official designated by this policy.  A person may report bullying anonymously.  However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.

B.        The school district encourages the reporting party or complainant to use the report form available from the principal or building supervisor of each building or available in the school district office, but oral reports shall be considered complaints as well.

C.        The building principal, the principal’s designee, or the building supervisor (hereinafter the “building report taker”) is the person responsible for receiving reports of bullying or other prohibited conduct at the building level.  Any person may report bullying or other prohibited conduct directly to a school district human rights officer or the superintendent.  If the complaint involves the building report taker, the complaint shall be made or filed directly with the superintendent or the school district human rights officer by the reporting party or complainant.

The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as the primary contact on policy and procedural matters.  The building report taker or a third party designated by the school district shall be responsible for the investigation.  The building report taker shall provide information about available community resources to the target or victim of the bullying or other prohibited conduct, the perpetrator, and other affected individuals as appropriate.

D.        A teacher, school administrator, volunteer, contractor, or other school employee shall be particularly alert to possible situations, circumstances, or events that might include bullying.  Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute bullying or other prohibited conduct shall make reasonable efforts to address and resolve the bullying or prohibited conduct and shall inform the building report taker immediately.  School district personnel who fail to inform the building report taker of conduct that may constitute bullying or other prohibited conduct or who fail to make reasonable efforts to address and resolve the bullying or prohibited conduct in a timely manner may be subject to disciplinary action.

E.         Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.  The building report taker, in conjunction with the responsible authority, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.

F.         Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant’s or reporter’s future employment, grades, work assignments, or educational or work environment.

G.        The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.

V.        SCHOOL DISTRICT ACTION

A.        Within three days of the receipt of a complaint or report of bullying or other prohibited conduct, the school district shall undertake or authorize an investigation by the building report taker or a third party designated by the school district.

B.        The building report taker or other appropriate school district officials may take immediate steps, at their discretion, to protect the target or victim of the bullying or other prohibited conduct, the complainant, the reporter, and students teachers, administrators, volunteers, contractors, employees or anyone on school district property or others, pending completion of an investigation of the bullying or other prohibited conduct, consistent with applicable law.

C.        The alleged perpetrator of the bullying or other prohibited conduct shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.

D.        Upon completion of an investigation that determines that bullying or other prohibited conduct has occurred, the school district will take appropriate action.  Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge.  Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited conduct.  Remedial responses to the bullying or other prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.  School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements; applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act; the student discipline policy (See Policy 506) and other applicable school district policies; and applicable regulations.

E.         The school district is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district.  School officials will notify the parent(s) or guardian(s) of students who are targets of bullying or other prohibited conduct and the parent(s) or guardian(s) of alleged perpetrators of bullying or other prohibited conduct who have been involved in a reported and confirmed bullying incident of the remedial or disciplinary action taken, to the extent permitted by law.

F.         In order to prevent or respond to bullying or other prohibited conduct committed by or directed against a child with a disability, the school district shall, when determined appropriate by the child’s individualized education program (IEP) team or Section 504 team, allow the child’s IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child’s disability to allow the child to respond to or not to engage in bullying or other prohibited conduct.

VI.       RETALIATION OR REPRISAL

The school district will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employee of the school district who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged bullying or prohibited conduct, who provides information about bullying or prohibited conduct, who testifies, assists, or participates in an investigation of alleged bullying or prohibited conduct, or who testifies, assists, or participates in a proceeding or hearing relating to such bullying or prohibited conduct.  Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment.  Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the prohibited conduct.  Remedial responses to the prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.

VII.     TRAINING AND EDUCATION

A.        The school district shall discuss this policy with school personnel and volunteers and provide appropriate training to school district personnel regarding this policy. The school district shall establish a training cycle for school personnel to occur during a period not to exceed every three school years.  Newly employed school personnel must receive the training within the first year of their employment with the school district.  The school district or a school administrator may accelerate the training cycle or provide additional training based on a particular need or circumstance.  This policy shall be included in employee handbooks, training materials, and publications on school rules, procedures, and standards of conduct, which materials shall also be used to publicize this policy.

B.        The school district shall require ongoing professional development, consistent with Minn. Stat. § 122A.60, to build the skills of all school personnel who regularly interact with students to identify, prevent, and appropriately address bullying and other prohibited conduct.  Such professional development includes, but is not limited to, the following:

1.         Developmentally appropriate strategies both to prevent and to immediately and effectively intervene to stop prohibited conduct;

2.         The complex dynamics affecting a perpetrator, target, and witnesses to prohibited conduct;

3.         Research on prohibited conduct, including specific categories of students ,teachers, administrator, volunteers, contractors, employees, or anyone on school district property at risk for perpetrating or being the target or victim of bullying or other prohibited conduct in school;

4.         The incidence and nature of cyberbullying; and

5.         Internet safety and cyberbullying.

C.        The school district annually will provide education and information to students, teachers, administrators, volunteers, employees, and substitutes regarding bullying, including information regarding this school district policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to prevent bullying and other prohibited conduct.

D.        The administration of the school district is directed to implement programs and other initiatives to prevent bullying, to respond to bullying in a manner that does not stigmatize the target or victim, and to make resources or referrals to resources available to targets or victims of bullying.

E.         The administration is encouraged to provide developmentally appropriate instruction and is directed to review programmatic instruction to determine if adjustments are necessary to help students, teachers, administrators, volunteers, contractors, employees, or anyone on school district property, identify and prevent or reduce bullying and other prohibited conduct, to value diversity in school and society, to develop and improve students, teachers, administrators, volunteers, employees, and substitutes knowledge and skills for solving problems, managing conflict, engaging in civil discourse, and recognizing, responding to, and reporting bullying or other prohibited conduct, and to make effective prevention and intervention programs available.

The administration must establish strategies for creating a positive school climate and use evidence-based social-emotional learning to prevent and reduce discrimination and other improper conduct.

The administration is encouraged, to the extent practicable, to take such actions as it may deem appropriate to accomplish the following:

1.         Engage all students, teachers, administrator, volunteers, contractors, employees, or anyone on school district property in creating a safe and supportive school environment;

2.         Partner with parents and other community members to develop and implement prevention and intervention programs;

3.         Engage all students, teachers, administrators, volunteers, employees, substitutes, and adults in integrating education, intervention, and other remedial responses into the school environment;

4.         Train student bystanders to intervene in and report incidents of bullying and other prohibited conduct to the schools’ primary contact person;

5.         Teach students to advocate for themselves and others, as it relates to this policy;

6.         Prevent inappropriate referrals to special education of students who may engage in bullying or other prohibited conduct; and

7.         Foster student collaborations that, in turn, foster a safe and supportive school climate.

F.         The school district may implement violence prevention and character development education programs to prevent or reduce policy violations.  Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.

G.        The school district shall inform affected students and their parents of rights they may have under state and federal data practices laws to obtain access to data related to an incident and their right to contest the accuracy or completeness of the data.  The school district may accomplish this requirement by inclusion of all or applicable parts of its protection and privacy of pupil records policy (See Policy 515) in the student handbook.

VIII.   NOTICE

  1.         The school district will give annual notice of this policy to students, parents or guardians, and staff, and this policy shall appear in the student and staff handbooks.
  2.         This policy or a summary thereof must be conspicuously posted in the administrative offices of the school district and the office of each school.

C.        This policy must be given to each school employee and independent contractor who regularly interacts with students and staff at the time of initial employment with the school district.

D.        Notice of the rights and responsibilities of students and their parents under this policy must be included in the student discipline policy (See Policy 506) distributed to parents at the beginning of each school year.

E.         This policy shall be available to all parents and other school community members in an electronic format in the language appearing on the school district’s or a school’s website.

F.         The school district shall provide an electronic copy of its most recently amended policy to the Commissioner of Education.

IX.      POLICY REVIEW

To the extent practicable, the school board shall, on a cycle consistent with other school district policies, review and revise this policy.  The policy shall be made consistent with Minn. Stat. § 121A.031 and other applicable law.  Revisions shall be made in consultation with students, teachers, administrators, employees, parents, and community organizations.

Source:                       Cambridge-Isanti School

Legal References:      Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

     Minn. Stat. § 120A.05, Subds. 9, 11, 13, and 17 (Definition of Public School)

     Minn. Stat. § 120B.232 (Character Development Education)

     Minn. Stat. § 121A.03 (Sexual, Religious and Racial Harassment and Violence)

     Minn. Stat. § 121A.031 (School Student Bullying Policy)

     Minn. Stat. § 121A.0311 (Notice of Rights and Responsibilities of Students and Parents under        the Safe and Supportive Minnesota Schools Act)

                                     Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

                                     Minn. Stat. § 121A.69 (Hazing Policy)

    Minn. Stat. Ch. 124E (Charter School)

    Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

    20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)

    34 C.F.R. §§ 99.1 - 99.67 (Family Educational Rights and Privacy)

Cross References:      Policy 403 (Discipline, Suspension, and Dismissal of School District

         Employees)

                                     Policy 413 (Harassment and Violence)

    Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

    Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)

               Policy 423 (Employee-Student Relationships)

               Policy 501 (School Weapons Policy)

               Policy 506 (Student Discipline)

                                    Policy 507 (Corporal Punishment)

   Policy 515 (Protection and Privacy of Pupil Records)

              Policy 521 (Student Disability Nondiscrimination)

              Policy 522 (Student Sex Nondiscrimination)

   Policy 524 (Internet Acceptable Use and Safety Policy)

              Policy 525 (Violence Prevention)

              Policy 526 (Hazing Prohibition)

   Policy 529 (Staff Notification of Violent Behavior by Students)

             Policy 709 (Student Transportation Safety Policy)

  Policy 711 (Video Recording on School Buses)

             Policy 712 (Video Surveillance Other Than on Buses)

Reviewed:                08.21.2014, 05-18-17

Approved:                08.21.2014, 06-22-17

514F - Bullying Reporting Form

515 - Protection and Privacy of Pupil Records

POLICY #515

PROTECTION AND PRIVACY OF PUPIL RECORDS

 

I. PURPOSE

The school district recognizes its responsibility in regard to the collection, maintenance, and dissemination of pupil records and the protection of the privacy rights of students as provided in federal law and state statutes.

II. GENERAL STATEMENT OF POLICY

The following procedures and policies regarding the protection and privacy of parents and students are adopted by the school district, pursuant to the requirements of 20 U.S.C. § 1232g, et seq., (Family Educational Rights and Privacy Act (FERPA)) 34 C.F.R. Part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and Minn. Rules Parts 1205.0100-1205.2000.

III. DEFINITIONS

A. Authorized Representative

“Authorized representative” means any entity or individual designated by the school district, state, or an agency headed by an official of the Comptroller of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities to conduct, with respect to federal or state supported education programs, any audit or evaluation or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs.

B. Biometric Record

“Biometric record,” as referred to in “Personally Identifiable,” means a record of one or more measurable biological or behavioral characteristics that can be used for authorized recognition of an individual (e.g., fingerprints, retina and iris patterns, voice prints, DNA sequence, facial characteristics, and handwriting).

C. Dates of Attendance

“Dates of attendance,” as referred to in “Directory Information,” means the period of time during which a student attends or attended a school or schools in the school district, including attendance in person or by paper correspondence, satellite, internet or other electronic communication technologies for students who are not in the classroom, and including the period during which a student is working under a work-study program. The term does not include specific daily records of a student’s attendance at a school or schools in the school district.

D. Directory Information

“Directory information” means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to: the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (i.e., full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended. It also includes the name, address, and telephone number of the student’s parent(s). Directory information does not include:

1. a student’s social security number;

2. a student’s identification number (ID), user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems if the identifier may be used to access education records without use of one or more factors that authenticate the student’s identity such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user;

3. a student ID or other unique personal identifier that is displayed on a student ID badge if the identifier can be used to gain access to educational records when used in conjunction with one or more factors that authenticate the student’s identity, such as a PIN, password, or other factor known or possessed only by the student;

4. personally identifiable data which references religion, race, color, social position, or nationality; or

5. data collected from nonpublic school students, other than those who receive shared time educational services, unless written consent is given by the student’s parent or guardian.

E. Education Records

1. What constitutes “education records?” Education records means those records which: (1) are directly related to a student; and (2) are maintained by the school district or by a party acting for the school district.

2. What does not constitute an education record? The term, “education records,” does not include:

a. Records of instructional personnel which:

(1) are in the sole possession of the maker of the record; and

(2) are not accessible or revealed to any other individual except a substitute teacher; and

(3) are destroyed at the end of the school year.

b. Records of a law enforcement unit of the school district, provided education records maintained by the school district are not disclosed to the unit, and the law enforcement records are:

(1) maintained separately from education records;

(2) maintained solely for law enforcement purposes; and

(3) disclosed only to law enforcement officials of the same jurisdiction.

c. Records relating to an individual, including a student, who is employed by the school district which:

(1) are made and maintained in the normal course of business;

(2) relate exclusively to the individual in that individual’s capacity as an employee; and

(3) are not available for use for any other purpose.

However, these provisions shall not apply to records relating to an individual in attendance at the school district who is employed as a result of his or her status as a student.

d. Records relating to an eligible student, or a student attending an institution of post-secondary education, which are:

(1) made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity or assisting in that capacity;

(2) made, maintained, or used only in connection with the provision of treatment to the student; and

(3) disclosed only to individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are a part of the program of instruction within the school district.

e. Records that only contain information about an individual after he or she is no longer a student at the school district and that are not directly related to the individual’s attendance as a student.

F. Eligible Student

“Eligible student” means a student who has attained eighteen (18) years of age or is attending an institution of post-secondary education.

G. Juvenile Justice System

“Juvenile justice system” includes criminal justice agencies and the judiciary when involved in juvenile justice activities.

H. Legitimate Educational Interest

“Legitimate educational interest” includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for education data. It includes a person’s need to know in order to:

1. Perform an administrative task required in the school or employee’s contract or position description approved by the school board;

2. Perform a supervisory or instructional task directly related to the student’s education; or

3. Perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement, or student financial aid.

4. Perform a task directly related to responding to a request for data.

I. Parent

“Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of the student in the absence of a parent or guardian. The school district may presume the parent has the authority to exercise the rights provided herein, unless it has been provided with evidence that there is a state law or court order governing such matters as marriage dissolution, separation or child custody, or a legally binding instrument which provides to the contrary.

J. Personally Identifiable

“Personally identifiable” means that the data or information includes, but is not limited to: (a) a student’s name; (b) the name of the student’s parent or other family member; (c) the address of the student or student’s family; (d) a personal identifier such as the student’s social security number or student number or biometric record; (e) other direct identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (f) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.

K. Record

“Record” means any information or data recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

L. Responsible Authority

“Responsible authority” means school principal.

M. Student

“Student” includes any individual who is or has been in attendance, enrolled, or registered at the school district and regarding whom the school district maintains education records. Student also includes applicants for enrollment or registration at the school district and individuals who receive shared time educational services from the school district.

N. School Official

“School official” includes: (a) a person duly elected to the school board; (b) a person employed by the school board in an administrative, supervisory, instructional, or other professional position; (c) a person employed by the school board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the school board to perform a special task such as a secretary, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor.

O. Summary Data

“Summary data” means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify the individual is ascertainable.

P. Other Terms and Phrases

All other terms and phrases shall be defined in accordance with applicable state and federal law or ordinary customary usage.

IV. GENERAL CLASSIFICATION

State law provides that all data collected, created, received, or maintained by a school district are public unless classified by state or federal law as not public or private or confidential. State law classifies all data on individuals maintained by a school district which relates to a student as private data on individuals. This data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order, certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.

V. STATEMENT OF RIGHTS

A. Rights of Parents and Eligible Students

Parents and eligible students have the following rights under this policy:

1. The right to inspect and review the student’s education records;

2. The right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;

3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that such consent is not required for disclosure pursuant to this policy, state or federal law, or the regulations promulgated thereunder;

4. The right to refuse release of names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions;

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the federal law and the regulations promulgated thereunder;

6. The right to be informed about rights under the federal law; and

7. The right to obtain a copy of this policy at the location set forth in Section XXI. of this policy.

B. Eligible Students

All rights and protections given parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. The student then becomes an “eligible student.” However, the parents of an eligible student who is also a “dependent student” are entitled to gain access to the education records of such student without first obtaining the consent of the student. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 C.F.R. § 99.31(a).

C. Disabled Students

The school district shall follow 34 C.F.R. §§ 300.610-300.617 with regard to the confidentiality of information related to students with a disability.

VI. DISCLOSURE OF EDUCATION RECORDS

A. Consent Required for Disclosure

1. The school district shall obtain a signed and dated written informed consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of the student, except as provided herein.

2. The written consent required by this subdivision must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:

a. a specification of the records to be disclosed;

b. the purpose or purposes of the disclosure;

c. the party or class of parties to whom the disclosure may be made;

d. the consequences of giving informed consent; and

e. if appropriate, a termination date for the consent.

3. When a disclosure is made under this subdivision:

a. if the parent or eligible student so requests, the school district shall provide him or her with a copy of the records disclosed; and

b. if the parent of a student who is not an eligible student so requests, the school district shall provide the student with a copy of the records disclosed.

4. A signed and dated written consent may include a record and signature in electronic form that:

a. identifies and authenticates a particular person as the source of the electronic consent; and

b. indicates such person’s approval of the information contained in the electronic consent.

5. If the responsible authority seeks an individual’s informed consent to the release of private data to an insurer or the authorized representative of an insurer, informed consent shall not be deemed to have been given unless the statement is:

a. in plain language;

b. dated;

c. specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject;

d. specific as to the nature of the information the subject is authorizing to be disclosed;

e. specific as to the persons or agencies to whom the subject is authorizing information to be disclosed;

f. specific as to the purpose or purposes for which the information may be used by any of the parties named in Clause above, both at the time of the disclosure and at any time in the future; and

g. specific as to its expiration date which should be within a reasonable time, not to exceed one year except in the case of authorizations given in connection with applications for: (i) life insurance or non-cancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy, or (ii) medical assistance under Minn. Stat. Ch. 256B or Minnesota Care under Minn. Stat. Ch. 256L, which shall be ongoing during all terms of eligibility, for individualized education program health-related services provided by a school district that are subject to third party reimbursement.

6. Eligible Student Consent

Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student, except as provided in Section V. of this policy.

B. Prior Consent for Disclosure Not Required

The school district may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1. To other school officials, including teachers, within the school district whom the school district determines have a legitimate educational interest in such records;

2. To a contractor, consultant, volunteer, or other party to whom the school district has outsourced institutional services or functions provided that the outside party:

a. performs an institutional service or function for which the school district would otherwise use employees;

b. is under the direct control of the school district with respect to the use and maintenance of education records; and

c. will not disclose the information to any other party without the prior consent of the parent or eligible student and uses the information only for the purposes for which the disclosure was made.

2. 3. To officials of other schools, school districts, or post-secondary educational institutions in which the student seeks or intends to enroll, or is already enrolled, as long as the disclosure is for purposes related to the student’s enrollment or transfer. The records shall include information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, and with proper annual notice (see Section XIX.), suspension and expulsion information pursuant to section 7165 of the federal No Child Left Behind Act Policy #529, and, if applicable, data regarding a student’s history of violent behavior. The records also shall include a copy of any probable cause notice or any disposition or court order under Minn. Stat. § 260B.171, unless the data are required to be destroyed under Minn. Stat. § 120A.22, Subd. 7(c) or § 121A.75. On request, the school district will provide the parent or eligible student witha copy of the education records which have been transferred and provide an opportunity for a hearing to challenge the content of those records in accordance with Section XV. of this policy;

4. To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or the Commissioner of the State Department of Education or his or her representative, subject to the conditions relative to such disclosure provided under federal law;

5. In connection with financial aid for which a student has applied or has received, if the information is necessary for such purposes as to:

a. determine eligibility for the aid;

b. determine the amount of the aid;

c. determine conditions for the aid; or

d. enforce the terms and conditions of the aid.

“Financial aid” for purposes of this provision means a payment of funds provided to an individual or a payment in kind of tangible or intangible property to the individual that is conditioned on the individual’s attendance at an educational agency or institution;

6. To state and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to state statute adopted:

a. before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released; or

b. after November 19, 1974, if the reporting or disclosure allowed by state statute concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released, provided the officials and authorities to whom the records are disclosed certify in writing to the school district that the data will not be disclosed to any other party, except as provided by state law, without the prior written consent of the parent of the student. At a minimum, the school district shall disclose the following information to the juvenile justice system under this paragraph: a student’s full name, home address, telephone number, and date of birth; a student’s school schedule, attendance record, and photographs, if any; and parents’ names, home addresses, and telephone numbers.

7. To organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction; provided that the studies are conducted in a manner which does not permit the personal identification of parents or students by individuals other than representatives of the organization who have a legitimate interest in the information, the information is destroyed when no longer needed for the purposes for which the study was conducted, and the school district enters into a written agreement with the organization that: (a) specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (b) requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (c) requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and (d) requires the organization to destroy all personally identifiable information when information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed. For purposes of this provision, the term, “organizations,” includes, but is not limited to, federal, state, and local agencies and independent organizations. In the event the Department of Education determines that a third party outside of the school district to whom information is disclosed violates this provision, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years;

8. To accrediting organizations in order to carry out their accrediting functions;

9. To parents of a student eighteen (18) years of age or older if the student is a dependent of the parents for income tax purposes;

10. To comply with a judicial order or lawfully issued subpoena, provided, however, that the school district makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance therewith so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena, or any other subpoena issued for law enforcement purposes, and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. § 2332b(g)(5)(B), an act of domestic or international terrorism as defined in 18 U.S.C. § 2331, or a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of the proceeding. If the school district initiates legal action against a parent or student, it may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff. Also, if a parent or eligible student initiates a legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the school district to defend itself;

11. To appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health, including the mental health, or safety of the student or other individuals. The decision is to be based upon information available at the time the threat occurs that indicates that there is an articulable and significant threat to the health or safety of a student or other individuals. In making a determination whether to disclose information under this section, the school district may take into account the totality of the circumstances pertaining to a threat and may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other students. A record of this disclosure must be maintained pursuant to Section XIII.E. of this policy. In addition, an educational agency or institution may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. This information may be disclosed to teachers and school officials within the school district and/or teachers and school officials in other schools who have legitimate educational interests in the behavior of the student;

12. To the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;

13. Information the school district has designated as “directory information” pursuant to Section VII. of this policy;

14. To military recruiting officers and post-secondary educational institutions pursuant to Section XI. of this policy;

15. To the parent of a student who is not an eligible student or to the student himself or herself;

16. To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;

17. To volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;

18. To the juvenile justice system, on written request that certifies that the information will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student:

a. the following information about a student must be disclosed: a student’s full name, home address, telephone number, date of birth; a student’s school schedule, daily attendance record, and photographs, if any; and any parents’ names, home addresses, and telephone numbers;

b. the existence of the following information about a student, not the actual data or other information contained in the student’s education record, may be disclosed provided that a request for access must be submitted on the statutory form and it must contain an explanation of why access to the information is necessary to serve the student: (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school under the Pupil Fair Dismissal Act; (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property. Prior to releasing this information, the principal or chief administrative officer of a school who receives such a request must, to the extent permitted by federal law, notify the student’s parent or guardian by certified mail of the request to disclose information. If the student’s parent or guardian notifies the school official of an objection to the disclosure within ten (10) days of receiving certified notice, the school official must not disclose the information and instead must inform the requesting member of the juvenile justice system of the objection. If no objection from the parent or guardian is received within fourteen (14) days, the school official must respond to the request for information.

The written requests of the juvenile justice system member(s), as well as a record of any release, must be maintained in the student’s file;

19. To the principal where the student attends and to any counselor directly supervising or reporting on the behavior or progress of the student if it is information from a disposition order received by a superintendent under Minn. Stat. § 260B.171, Subd. 3. The principal must notify the counselor immediately and must place the disposition order in the student’s permanent education record. The principal also must notify immediately any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The principal may also notify other school district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individual need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the principal must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information if this information is provided in the disposition order. Disposition order information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information may not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except as necessary to serve the student, to protect students and staff, or as otherwise required by law, and only to the student or the student’s parent or guardian;

20. To the principal where the student attends if it is information from a peace officer’s record of children received by a superintendent under Minn. Stat. § 260B.171, Subd. 5. The principal must place the information in the student’s education record. The principal also must notify immediately any teacher, counselor, or administrator directly supervising the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The principal may also notify other district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the principal must identify the student and describe the alleged offense if this information is provided in the peace officer’s notice. Peace officer’s record information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information must not be further disseminated by the counselor, teacher administrator, staff member, substitute, or volunteer except to communicate with the student or the student’s parent or guardian as necessary to serve the student, to protect students and staff, or as otherwise required by law.

The principal must delete the peace officer’s record from the student’s education record, destroy the data, and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received information from the peace officer’s record if the county attorney determines not to proceed with a petition or directs the student into a diversion or mediation program or if a juvenile court makes a decision on a petition and the county attorney or juvenile court notifies the superintendent of such action; or

21. To the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational and other agencies and institutions receiving funding or providing benefits of one or more programs authorized under the National School Lunch Act or the Child Nutrition Act of 1966 for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that: (a) any data collected shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and (b) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements.

22. To an agency caseworker or other representative of a State or local child welfare agency, or tribal organization (as defined in section 450b of Title 25), who has the right to access a student’s case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student’s education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student’s education records.

C. Nonpublic School Students

The school district may disclose personally identifiable information from the education records of a nonpublic school student, other than a student who receives shared time educational services, without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1. Pursuant to a valid court order;

2. Pursuant to a statute specifically authorizing access to the private data; or

3. To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiological investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted.

II. RELEASE OF DIRECTORY INFORMATION

A. Classification

Directory information is public except as provided herein.

B. Former Students

Unless a former student validly opted out of the release of directory information while the student was in attendance and has not rescinded the opt out request at any time, the school district may disclose directory information from the education records generated by it regarding the former student without meeting the requirements of Paragraph C. of this section. In addition, under an explicit exclusion from the definition of an “education record,” the school district may release records that only contain information about an individual obtained after he or she is no longer a student at the school district and that are not directly related to the individual’s attendance as a student (e.g., a student’s activities as an alumnus of the school district).

C. Present Students and Parents

The school district may disclose directory information from the education records of a student and information regarding parents without prior written consent of the parent of the student or eligible student, except as provided herein. Prior to such disclosure the school district shall:

1. Annually give public notice by any means that are reasonably likely to inform the parents and eligible students of:

a. the types of personally identifiable information regarding students and/or parents that the school district has designated as directory information;

b. the parent’s or eligible student’s right to refuse to let the school district designate any or all of those types of information about the student and/or the parent as directory information; and

c. the period of time in which a parent or eligible student has to notify the school district in writing that he or she does not want any or all of those types of information about the student and/or the parent designated as directory information.

2. Allow a reasonable period of time after such notice has been given for a parent or eligible student to inform the school district in writing that any or all of the information so designated should not be disclosed without the parent’s or eligible student’s prior written consent, except as provided in Section VI. of this policy.

3. A parent or eligible student may not opt out of the directory information disclosures to:

a. prevent the school district from disclosing or requiring the student to disclose the student’s name, ID, or school district e-mail address in a class in which the student is enrolled; or

b. prevent the school district from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information and that has been properly designated by the school district as directory information.

4. The school district shall not disclose or confirm directory information without meeting the written consent requirements contained in Section VI.A. of this policy if a student’s social security number or other non-directory information is used alone or in combination with other data elements to identify or help identify the student or the student’s records.

D. Procedure for Obtaining Nondisclosure of Directory Information

The parent’s or eligible student’s written notice shall be directed to the responsible authority and shall include the following:

1. Name of the student and/or parent, as appropriate;

2. Home address;

3. School presently attended by student;

4. Parent’s legal relationship to student, if applicable; and

5. Specific categories of directory information to be made not public without the parent’s or eligible student’s prior written consent, which shall only be applicable for that school year.

E. Duration

The designation of any information as directory information about a student or parents will remain in effect for the remainder of the school year unless the parent or eligible student provides the written notifications provided herein.

VIII. DISCLOSURE OF PRIVATE RECORDS

A. Private Records

For the purposes herein, education records are records which are classified as private data on individuals by state law and which are accessible only to the student who is the subject of the data and the student’s parent if the student is not an eligible student. The school district may not disclose private records or their contents except as summary data, or except as provided in Section VI. of this policy, without the prior written consent of the parent or the eligible student. The school district will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom personally identifiable information from education records is disclosed.

B. Private Records Not Accessible to Parent

In certain cases state law intends, and clearly provides, that certain information contained in the education records of the school district pertaining to a student be accessible to the student alone, and to the parent only under special circumstances, if at all.

1. The responsible authority may deny access to private data by a parent when a minor student who is the subject of that data requests that the responsible authority deny such access. The minor student’s request must be submitted in writing setting forth the reasons for denying access to the parent and must be signed by the minor. Upon receipt of such request the responsible authority shall determine if honoring the request to deny the parent access would be in the best interest of the minor data subject. In making this determination the responsible authority shall consider the following factors:

a. whether the minor is of sufficient age and maturity to be able to explain the reasons for and understand the consequences of the request to deny access;

b. whether the personal situation of the minor is such that denying parental access may protect the minor data subject from physical or emotional harm;

c. whether there are grounds for believing that the minor data subject’s reasons for precluding parental access are reasonably accurate;

d. whether the data in question is of such a nature that disclosure of it to the parent may lead to physical or emotional harm to the minor data subject; and

e. whether the data concerns medical, dental or other health services provided pursuant to Minn. Stat. §§ 144.341-144.347, in which case the data may be released only if the failure to inform the parent would seriously jeopardize the health of the minor.

C. Private Records Not Accessible to Student

Students shall not be entitled to access to private data concerning financial records and statements of the student’s parent or any information contained therein.

IX. DISCLOSURE OF CONFIDENTIAL RECORDS

A. Confidential Records

Confidential records are those records and data contained therein which are made not public by state or federal law, and which are inaccessible to the student and the student’s parents or to an eligible student.

B. Reports Under the Maltreatment of Minors Reporting Act

Pursuant to Minn. Stat. § 626.556, written copies of reports pertaining to a neglected and/or physically and/or sexually abused child shall be accessible only to the appropriate welfare and law enforcement agencies. In respect to other parties, such data shall be confidential and will not be made available to the parent or the subject individual by the school district. The subject individual, however, may obtain a copy of the report from either the local welfare agency, county sheriff, or the local police department subject to the provisions of Minn. Stat. § 626.556, Subd. 11.

Regardless of whether a written report is made under Minn. Stat. § 626.556, Subd. 7, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.

C. Investigative Data

Data collected by the school district as part of an active investigation undertaken for the purpose of the commencement or defense of pending civil legal action, or which are retained in anticipation of a pending civil legal action are classified as protected nonpublic data in the case of data not on individuals, and confidential data in the case of data on individuals.

1. The school district may make any data classified as protected non-public or confidential pursuant to this subdivision accessible to any person, agency, or the public if the school district determines that such access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest.

2. A complainant has access to a statement he or she provided to the school district.

3. Parents or eligible students may have access to investigative data of which the student is the subject, but only to the extent the data is not inextricably intertwined with data about other school district students, school district employees, and/or attorney data as defined in Minn. Stat. § 13.393.

4. Once a civil investigation becomes inactive, civil investigative data becomes public unless the release of the data would jeopardize another pending civil legal action, except for those portions of such data that are classified as not public data under state or federal law. Any civil investigative data presented as evidence in court or made part of a court record shall be public. For purposes of this provision, a civil investigation becomes inactive upon the occurrence of any of the following events:

a. a decision by the school district, or by the chief attorney for the school district, not to pursue the civil legal action. However, such investigation may subsequently become active if the school district or its attorney decides to renew the civil legal action;

b. the expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil legal action; or

c. the exhaustion or expiration of rights of appeal by either party to the civil legal action.

d. A “pending civil legal action” for purposes of this subdivision is defined as including, but not limited to, judicial, administrative, or arbitration proceedings.

D. Chemical Abuse Records

To the extent the school district maintains records of the identity, diagnosis, prognosis, or treatment of any student which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States, such records are classified as confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized by law.

X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING

At a reasonable time prior to any exclusion or expulsion hearing, the student and the student’s parent or guardian or representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the action proposed by the school district may be based, pursuant to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. § 121A.40, et seq.

XI. DISCLOSURE OF DATA TO MILITARY RECRUITING OFFICERS AND POST-SECONDARY EDUCATIONAL INSTITUTIONS

A. The school district will release the names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to release this data pursuant to Paragraph C. below.

B. Data released to military recruiting officers under this provision:

1. may be used only for the purpose of providing information to students about military service, state and federal veterans’ education benefits, and other career and educational opportunities provided by the military; and

2. cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

C. A parent or eligible student has the right to refuse the release of the name, address, or home telephone number to military recruiting officers and post-secondary educational institutions. To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must notify the Cambridge-Isanti High School Principal responsible authority in writing by March 31st each year. The written request must include the following information:

1. Name of student and parent, as appropriate;

2. Home address;

3. Student’s grade level;

4. School presently attended by student;

5. Parent’s legal relationship to student, if applicable;

6. Specific category or categories of information which are not to be released to military recruiting officers and post-secondary educational institutions; and

7. Specific category or categories of information which are not to be released to the public, including military recruiting officers and post-secondary educational institutions.

D. Annually, the school district will provide public notice by any means that are reasonably likely to inform the parents and eligible students of their rights to refuse to release the names, addresses, and home phone numbers of students in grades 11 and 12 without prior consent.

E. A parent or eligible student’s refusal to release the above information to military recruiting officers and post-secondary educational institutions does not affect the school district’s release of directory information to the rest of the public, which includes military recruiting officers and post-secondary educational institutions. In order to make any directory information about a student private, the procedures contained in Section VII. of this policy also must be followed. Accordingly, to the extent the school district has designated the name, address, phone number, and grade level of students as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers and post-secondary educational institutions.

XII. LIMITS ON REDISCLOSURE

A. Re-disclosure

Consistent with the requirements herein, the school district may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is to be disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that the officers, employees, and agents of any party receiving personally identifiable information under this section may use the information, but only for the purposes for which the disclosure was made.

B. Re-disclosure Not Prohibited

1. Subdivision A. of this section does not prevent the school district from disclosing personally identifiable information under Section VI. of this policy with the understanding that the party receiving the information may make further disclosures of the information on behalf of the school district provided:

a. The disclosures meet the requirements of Section VI. of this policy; and

b. The school district has complied with the record-keeping requirements of Section XIII. of this policy.

2. Subdivision A. of this section does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas or litigation, to disclosures of directory information, to disclosures to a parent or student or to parents of dependent students, or to disclosures concerning sex offenders and other individuals required to register under 42 U.S.C. § 14071. However, the school district must provide the notification required in Section XII.D. of this policy if a re-disclosure is made based upon a court order or lawfully issued subpoena.

C. Classification of Disclosed Data

The information disclosed shall retain the same classification in the hands of the party receiving it as it had in the hands of the school district.

D. Notification

The school district shall inform the party to whom a disclosure is made of the requirements set forth in this section, except for disclosures made pursuant to court orders or lawfully issued subpoenas, disclosure of directory information under Section VII. of this policy, disclosures to a parent or student, or disclosures to parents of a dependent student w. In the event that the Family Policy Compliance Office determines that a state or local educational authority, a federal agency headed by an official listed in 34 C.F.R. § 99.31(a)(3), or an authorized representative of a state or local educational authority or a federal agency headed by an official listed in § 99.31(a)(3), or a third party outside of the school district improperly re-discloses personally identifiable information from education records or fails to provide notification required under this section of this policy, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.

XIII. RESPONSIBLE AUTHORITY; RECORD SECURITY; AND RECORD KEEPING

A. Responsible Authority

The responsible authority shall be responsible for the maintenance and security of student records.

B. Record Security

The principal of each school subject to the supervision and control of the responsible authority shall be the records manager of the school, and shall have the duty of maintaining and securing the privacy and/or confidentiality of student records.

C. Plan for Securing Student Records

The building principal shall submit to the responsible authority a written plan for securing students records by September 1 of each school year. The written plan shall contain the following information:

1. A description of records maintained;

2. Titles and addresses of person(s) responsible for the security of student records;

3. Location of student records, by category, in the buildings;

4. Means of securing student records; and

5. Procedures for access and disclosure.

D. Review of Written Plan for Securing Student Records

The responsible authority shall review the plans submitted pursuant to Paragraph C. of this section for compliance with the law, this policy and the various administrative policies of the school district. The responsible authority shall then promulgate a chart incorporating the provisions of Paragraph C. which shall be attached to and become a part of this policy.

E. Record Keeping

1. The principal shall, for each request for and each disclosure of personally identifiable information from the education records of a student, maintain a record with the education records of the student which indicates:

a. the parties who have requested or received personally identifiable information from the education records of the student;

b. the legitimate interests these parties had in requesting or obtaining the information; and

c. the names of the state and local educational authorities and federal officials and agencies listed in Section VI.B.4. of this policy that may make further disclosures of personally identifiable information from the student’s education records without consent.

2. In the event the school district discloses personally identifiable information from an education record of a student pursuant to Section XII.B. of this policy, the record of disclosure required under this section shall also include:

a. the names of the additional parties to which the receiving party may disclose the information on behalf of the school district;

b. the legitimate interests under Section VI. of this policy which each of the additional parties has in requesting or obtaining the information; and

c. a copy of the record of further disclosures maintained by a state or local educational authority or federal official or agency listed in Section VI.B.4. of this policy in accordance with 34 C.F.R. § 99.32 and to whom the school district disclosed information from an education record. The school district shall request a copy of the record of further disclosures from a state or local educational authority or federal official or agency to whom education records were disclosed upon a request from a parent or eligible student to review the record of requests for disclosure.

3. Section XIII.E.1. does not apply to requests by or disclosure to a parent of a student or an eligible student, disclosures pursuant to the written consent of a parent of a student or an eligible student, requests by or disclosures to other school officials under Section VI.B.1. of this policy, to requests for disclosures of directory information under Section VII. of this policy, or to a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or agency has ordered that the existence or the contents of the subpoena or the information provided in response to the subpoena not be disclosed or as directed by an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18. U.S.C. § 2332b(g)(5)(B) or an act of domestic or international terrorism.

4. The record of requests of disclosures may be inspected by:

a. the parent of the student or the eligible student;

b. the school official or his or her assistants who are responsible for the custody of the records; and

c. the parties authorized by law to audit the record-keeping procedures of the school district.

5. The school district shall record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:

a. the articulable and significant threat to the health or safety of a student or other individual that formed the basis for the disclosure; and

b. the parties to whom the school district disclosed the information.

6. The record of requests and disclosures shall be maintained with the education records of the student as long as the school district maintains the student’s education records.

XIV. RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

A. Parent of a Student, an Eligible Student or the Parent of an Eligible Student Who is Also a Dependent Student

The school district shall permit the parent of a student, an eligible student, or the parent of an eligible student who is also a dependent student who is or has been in attendance in the school district to inspect or review the education records of the student, except those records which are made confidential by state or federal law or as otherwise provided in Section VIII. of this policy.

B. Response to Request for Access

The school district shall respond to any request pursuant to Subdivision A. of this section immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays, and legal holidays.

C. Right to Inspect and Review

The right to inspect and review education records under Subdivision A. of this section includes:

1. The right to a response from the school district to reasonable requests for explanations and interpretations of records; and

2. If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the education records, the school district shall provide the parent or eligible student with a copy of the records requested or make other arrangements for the parent or eligible student to inspect and review the requested records.

3. Nothing in this policy shall be construed as limiting the frequency of inspection of the education records of a student with a disability by the student’s parent or guardian or by the student upon the student reaching the age of majority.

D. Form of Request

Parents or eligible students shall submit to the school district a written request to inspect education records which identify as precisely as possible the record or records he or she wishes to inspect.

E. Collection of Student Records

If a student’s education records are maintained in more than one location, the responsible authority may collect copies of the records or the records themselves from the various locations so they may be inspected at one site. However, if the parent or eligible student wishes to inspect these records where they are maintained, the school district shall attempt to accommodate those wishes. The parent or eligible student shall be notified of the time and place where the records may be inspected.

F. Records Containing Information on More Than One Student

If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

G. Authority to Inspect or Review

The school district may presume that either parent of the student has authority to inspect or review the education records of a student unless the school district has been provided with evidence that there is a legally binding instrument or a state law or court order governing such matters as marriage dissolution, separation, or custody which provides to the contrary.

H. Fees for Copies of Records

1. The school district shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data. In determining the amount of the reasonable fee, the school district shall consider the following:

a. the cost of materials, including paper, used to provide the copies;

b. the cost of the labor required to prepare the copies;

c. any schedule of standard copying charges established by the school district in its normal course of operations;

d. any special costs necessary to produce such copies from machine based record-keeping systems, including but not limited to computers and microfilm systems; and

e. mailing costs.

2. If 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and, instead, the charge shall be no more than 25 cents for each page copied.

3. The cost of providing copies shall be borne by the parent or eligible student.

4. The responsible authority, however, may not impose a fee for a copy of an education record made for a parent or eligible student if doing so would effectively prevent or, in the case of a student with a disability, impair the parent or eligible student from exercising their right to inspect or review the student’s education records.

XV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA

A. Request to Amend Education Records

The parent of a student or an eligible student who believes that information contained in the education records of the student is inaccurate, misleading, or violates the privacy rights of the student may request that the school district amend those records.

1. The request shall be in writing, shall identify the item the requestor believes to be inaccurate, misleading, or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requestor wishes the school district to make. The request shall be signed and dated by the requestor.

2. The school district shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days after receiving the request.

3. If the school district decides to refuse to amend the education records of the student in accordance with the request, it shall inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing under Subdivision B. of this section.

B. Right to a Hearing

If the school district refuses to amend the education records of a student, the school district, on request, shall provide an opportunity for a hearing in order to challenge the content of the student’s education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A hearing shall be conducted in accordance with Subdivision C. of this section.

1. If, as a result of the hearing, the school district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parent of the student or the eligible student in writing.

2. If, as a result of the hearing, the school district decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school district, or both.

3. Any statement placed in the education records of the student under Subdivision B. of this section shall:

a. be maintained by the school district as part of the education records of the student so long as the record or contested portion thereof is maintained by the school district; and

b. if the education records of the student or the contested portion thereof is disclosed by the school district to any party, the explanation shall also be disclosed to that party.

C. Conduct of Hearing

1. The hearing shall be held within a reasonable period of time after the school district has received the request, and the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing.

2. The hearing may be conducted by any individual, including an official of the school district who does not have a direct interest in the outcome of the hearing. The school board attorney shall be in attendance to present the school board’s position and advise the designated hearing officer on legal and evidentiary matters.

3. The parent of the student or eligible student shall be afforded a full and fair opportunity for hearing to present evidence relative to the issues raised under Subdivisions A. and B. of this section and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.

4. The school district shall make a decision in writing within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

D. Appeal

The final decision of the designated hearing officer may be appealed in accordance with the applicable provisions of Minn. Stat. Ch. 14 relating to contested cases.

XVI. PROBLEMS ACCESSING DATA

A. The data practices compliance official is the designated employee to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.

B. Data practices compliance official is Director of Administrative Services and Human Resources.

C. Any request by an individual with a disability for reasonable modifications of the school district’s policies or procedures for purposes of accessing records shall be made to the data practices compliance official.

XVII. COMPLAINTS FOR NONCOMPLIANCE WITH FERPA

A. Where to File Complaints

Complaints regarding alleged violations of rights accorded parents and eligible students by FERPA, and the rules promulgated thereunder, shall be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue S.W., Washington, D.C. 20202.

B. Content of Complaint

A complaint filed pursuant to this section must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA and the rules promulgated thereunder has occurred.

XVIII. WAIVER

A parent or eligible student may waive any of his or her rights provided herein pursuant to FERPA. A waiver shall not be valid unless in writing and signed by the parent or eligible student. The school district may not require such a waiver.

XIX. ANNUAL NOTIFICATION OF RIGHTS

A. Contents of Notice

The school district shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:

1. That the parent or eligible student has a right to inspect and review the student’s education records and the procedure for inspecting and reviewing education records;

2. That the parent or eligible student has a right to seek amendment of the student’s education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights and the procedure for requesting amendment of records;

3. That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;

4. That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of FERPA and the rules promulgated thereunder;

5. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for purposes of disclosing education records to other school officials whom the school district has determined to have legitimate educational interests; and

6. That the school district forwards education records on request to a school in which a student seeks or intends to enroll or is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer and that such records may include suspension and expulsion records pursuant to the federal Every Student Succeeds Act and, if applicable, a student’s history of violent behavior. It is the policy of ISD #911 that schools will retain educational records for students with disabilities for a period of three years beyond the student's 21st birthday. In addition, special education records will not be destroyed if there is an outstanding request for the record by the parent or eligible student. Parents and eligible students will be notified about this policy at the time the student is (a) dismissed from special education services, (b) graduates from school, or (c) ages out of school. Finally, when the student reaches the age of at least 24, all special education records will be destroyed, with exception of the final IEP and Evaluation Report and the Notice of Proposed Special Education Services indicating the student's dismissal from services.

B. Notification to Parents of Students Having a Primary Home Language Other Than English

The school district shall provide for the need to effectively notify parents of students identified as having a primary or home language other than English.

C. Notification to Parents or Eligible Students Who are Disabled

The school district shall provide for the need to effectively notify parents or eligible students identified as disabled.

XX. DESTRUCTION AND RETENTION OF RECORDS

Destruction and retention of records by the school district shall be controlled by state and federal law.

Please see Policy #515 P to find the procedure for Retention and Destruction of Student Records for special education students.

XXI. COPIES OF POLICY

Copies of this policy may be obtained by parents and eligible students at the office of the superintendent.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

     Minn. Stat. Ch. 14 (Administrative Procedures Act)

     Minn. Stat. § 120A.22 (Compulsory Instruction)

     Minn. Stat. § 21A.40-121A.56 (The Pupil Fair Dismissal Act)

     Minn. Stat. § 121A.75 (Sharing Disposition Order and Peace Officer Records)

     Minn. Stat. § 127A.852 (Military-Connected Youth Identifier)

     Minn. Stat. § 144.341-144.347 (Consent of Minors for Health Services)

     Minn. Stat. § 260B.171, Subds. 3 and 5 (Disposition Order and Peace Officer Records of Children)

     Minn. Stat. § 363A.42 (Public Records; Accessibility)

     Minn. Stat. § 626.556 (Reporting of Maltreatment of Minors)

     Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)

     10 U.S.C. § 503(b) and (c) (Enlistments: Recruiting Campaigns; Compilation of Directory Information)

     18 U.S.C. § 2331 (Definitions)

     18 U.S.C. § 2332b (Acts of Terrorism Transcending National Boundaries)

     20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)

     20 U.S.C. § 6301 et seq. (No Child Left Behind)

     20 U.S.C. § 7908 (Armed Forces Recruiting Information)

     26 U.S.C. §§ 151 and 152 (Internal Revenue Code)

     34 C.F.R. §§ 99.1-99.67 (Family Educational Rights and Privacy)

     34 C.F.R. § 300.610-300.627 (Confidentiality of Information)

     42 C.F.R. § 2.1 et seq. (Confidentiality of Drug Abuse Patient Records)

    Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed. 2d 309 (2002)

Cross References:

     Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

     Policy 417 (Chemical Use and Abuse)

     Policy 506 (Student Discipline)

     Policy 519 (Interviews of Students by Outside Agencies)

     Policy 520 (Student Surveys)

     Policy 711 (Video Recording on School Buses)

     Policy 906 (Community Notification of Predatory Offenders)

     MSBA Service Manual, Chapter 13, School Law Bulletin “I” (School Records – Privacy – Access to Data)

Reviewed: 8-23-01, 11-21-02, 5-20-04, 2-24-05, 4-20-06, 2-22-07, 5-22-08, 9-24-09, 7-22-10, 06-23-16

Approved: 9-20-01, 12-19-02, 6-29-04, 3-17-05, 5-18-06, 2-22-07, 6-19-08, 10-22-09, 7-22-10, 07-21-16

515F - Protection and Privacy of Pupil Records Form

515P - Retention and Destruction of Student Records for Special Education Students

POLICY #515-P

RETENTION AND DESTRUCTION OF STUDENT RECORDS FOR SPECIAL EDUCATION STUDENTS

 

I. PURPOSE

School district records can only be destroyed pursuant to a records retention schedule that has been adopted by the School Board and approved by the Records Disposition Panel of the State of Minnesota or by special permission. Minn. Statute §138.17.

II. GENERAL STATEMENT OF POLICY

The following procedures regarding the retention and destruction of student records for special education students are adopted by the school district, pursuant to:

A. The requirements of 20 U.S.C. §123f requiring that records relating to the expenditures of federal funds be maintained for five years after completion of the activity for which the funds were used.

B. The requirements of the Family Educational Rights and Privacy Act (FERPA), 34 C.F.R. §99.10 which states that educational records may not be destroyed if there is an outstanding request to inspect the records by the parent or eligible student.

C. The requirements of the Individuals and Disabilities Education Act's (IDEA) regulations which require school districts to "…inform parents when personally identifiable information collected, maintained, or used…" pursuant to the IDEA, "…is no longer needed to provide educational services to the child…" 34 C.F.R. § 300.573 and therefore will be destroyed by the district. Before the information is destroyed, the district is advised to provide "Notice" to the student of the District's policy at the last IEP meeting prior to graduation. IDEA regulations also provide that "information must be destroyed at the request of the parents if they are no longer needed for education purposes." However, a permanent record of a student's name, address, and phone number, his or her grades, attendance records, classes attended, grade level completed, and year completed may be maintained without time limitations." 34 C.F.R. § 300.573.

III. GENERAL STATEMENT OF PROCEDURES

The Cambridge-Isanti School District and Rum River Special Education Cooperative will retain educational records for students with disabilities for a period of five years beyond the student's 21's birthday. In addition, special education records will not be destroyed if there is an outstanding request for the record by the parent or eligible student. Also, parents and eligible students will be notified about this practice at the time the student is:

a. dismissed from special education services,

b. graduates from school, or

c. ages out of school.

This will constitute notice and no further notice will be given at the end of the five years.

Students will be asked to sign an acknowledgement (Notice of Special Education File Retention Policy) of the district's policy to destroy the records after five years and that the "Notice" has been given. A copy of this notice will be retained by the school. Results of achievement and other standardized tests will be retained permanently. A record of all standardized tests results administered as an evaluation for eligibility while the student was in special education services will be permanently retained. When the student reaches the age of at least 26, all special education records will be destroyed, with the exception for the final IEP/IIIP and all the Evaluation Reports, the Notice of Proposed Action or Denial indicating the student's dismissal from services, and the Exit Report: Summary of Performance Form. These records will be kept an additional five years (until the student reaches age 31) at which time they will all be destroyed.

The school will provide a child's divorced, non-custodial parent(s) with the same procedural protections as the child's custodial parent, unless a state court has determined otherwise (Divorced Parents - Chapter 1). As a result, both divorced parents of a disabled child will be notified of IEP/IIIP issues and will be granted access to relevant records, regardless of who has custody. Both divorced parents must be given the opportunity to participate in the development and approval of the child's educational placement. Doe v. Arnig, 651 F. Supp. 424, 37 Educ. L.R. (D. Mass. 1987).

The custodial parent should provide documentation to the principal establishing custodial rights and any other court orders. The noncustodial parent should receive a copy of any correspondence upon providing the principal with a mailing address.

Source: Cambridge-Isanti Schools

Legal References:

     20 U.S.C. § 1232f

     34 C.F.R. § 300.573 & C.F.R. § 99.10 (Family Educational Rights and Privacy Act) (FERPA)

     Doe v. Arnig, 651 F. Supp. 424, 37 Educ. L.R. (D. Mass. 1987)

Reviewed: 11-18-04, 08-23-07, 05-19-16

Approved: 12-16-04, 09-18-07, 07-21-16

516 - Student Medication Policy

POLICY #516

STUDENT MEDICATION

I. PURPOSE

The purpose of this policy is to set forth the provisions that must be followed when administering nonemergency prescription medication to students at school.

II. GENERAL STATEMENT OF POLICY

The school district acknowledges that some students may require prescribed drugs or medication during the school day. The school district’s licensed school nurse, trained health clerk, principal, or teacher will administer prescribed medications, except any form of medical cannabis, in accordance with law and school district procedures. Medications will be kept in a locked cabinet in the health office.

III. REQUIREMENTS

A. The administration of prescription medication or drugs at school requires a completed signed request from the student’s parent and a licensed healthcare provider. An oral request must be reduced to writing within two school days, provided that the school district may rely on an oral request until a written request is received.

B. An “Administrating Prescription Medications” form must be completed annually (once per school year) and/or when a change in the prescription or requirements for administration occurs. Prescription medication as used in this policy does not include any form of medical cannabis as defined in Minn. Stat. § 152.22, Subd. 6. If the medication is stored and/or administered for more than two (2) weeks, a physician’s signature may be required on the authorization of medication school form.

C. Prescription medication must come to school in the original container labeled for the student by a pharmacist in accordance with law, and must be administered in a manner consistent with the instructions on the label.

D. The school nurse may request to receive further information about the prescription, if needed, prior to administration of the substance. The student must bring the medication to the health office as soon as he/she arrives at school. All controlled substances/medications must be brought to the health office by a parent/guardian (i.e. Ritalin, Adderall, and Codeine) unless other arrangements have been made with the school nurse. All medications given will be documented on the student’s medication log.

E. Prescription medications are not to be carried by the student, but will be left with the appropriate school district personnel. Exceptions to this requirement are: prescription asthma medications self-administered with an inhaler (See Part J.5. below), and medications administered as noted in a written agreement between the school district and the parent or as specified in an IEP (individualized education program), Section 504 plan, or IHP (individual health plan).

F. The school must be notified immediately by the parent or student 18 years old or older in writing of any change in the student’s prescription medication administration. A new medical authorization or container label with new pharmacy instructions shall be required immediately as well.

G. For drugs or medicine used by children with a disability, administration may be as provided in the IEP, Section 504 plan or IHP.

H. The school nurse, or other designated person, shall be responsible for the filing of the Authorization for Medication form in the health records section of the student file. The school nurse, or other designated person, shall be responsible for providing a copy of such form to the principal and to other personnel designated to administer the medication.

I. Procedures for administration of drugs and medicine at school and school activities shall be developed in consultation with a school nurse, a licensed school nurse, or a public or private health organization or other appropriate party (if appropriately contracted by the school district under Minn. Stat. § 121A.21). The school district administration shall submit these procedures and any additional guidelines and procedures necessary to implement this policy to the school board for approval. Upon approval by the school board, such guidelines and procedures shall be an addendum to this policy.

J. Specific Exceptions:

1. Special health treatments and health functions such as catheterization, tracheostomy suctioning, and gastrostomy feedings do not constitute administration of drugs and medicine;

2. Emergency health procedures, including emergency administration of drugs and medicine are not subject to this policy;

3. Drugs or medicine provided or administered by a public health agency to prevent or control an illness or a disease outbreak are not governed by this policy;

4. Drugs or medicines used at school in connection with services for which a minor may give effective consent are not governed by this policy;

5. Drugs or medicines that are prescription asthma or reactive airway disease medications can be self-administered by a student with an asthma inhaler if:

a. the school district has received a written authorization from the pupil’s parent permitting the student to self-administer the medication;

b. the inhaler is properly labeled for that student; and

c. the parent has not requested school personnel to administer the medication to the student.

The parent must submit written authorization for the student to self-administer the medication each school year. In a school that does not have a school nurse or school nursing services, the student’s parent or guardian must submit written verification from the prescribing professional which documents that an assessment of the student’s knowledge and skills to safely possess and use an asthma inhaler in a school setting has been completed.

If the school district employs a school nurse or provides school nursing services under another arrangement, the school nurse or other appropriate party must assess the student’s knowledge and skills to safely possess and use an asthma inhaler in a school setting and enter into the student’s school health record a plan to implement safe possession and use of asthma inhalers;

6. Medications:

a. that are used off school grounds;

b. that are used in connection with athletics or extracurricular activities; or

c. that are used in connection with activities that occur before or after the regular school day

are not governed by this policy.

7. Nonprescription Medication. After consultation with the school nurse, a secondary student may possess and use nonprescription pain relief in a manner consistent with the labeling, if the school district has received written authorization from the student’s parent or guardian permitting the student to self-administer the medication. The parent or guardian must submit written authorization for the student to self-administer the medication each school year. In some circumstances, a doctor’s note may be required or requested. The school district may revoke a student’s privilege to possess and use nonprescription pain relievers if the school district determines that the student is abusing the privilege. This provision does not apply to the possession or use of any drug or product containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients. Except as stated in this paragraph, only prescription medications are governed by this policy.

8. At the start of each school year or at the time a student enrolls in school, whichever is first, a student’s parent, school staff, including those responsible for student health care, and the prescribing medical professional must develop and implement an individualized written health plan for a student who is prescribed epinephrine auto-injectors that enables the student to:

a. possess epinephrine auto-injectors; or

b. if the parent and prescribing medical professional determine the student is unable to possess the epinephrine, have immediate access to epinephrine auto-injectors in close proximity to the student at all times during the instructional day.

The plan must designate the school staff responsible for implementing the student’s health plan, including recognizing anaphylaxis and administering epinephrine auto-injectors when required, consistent with state law. This health plan may be included in a student’s § 504 plan.

K. “Parent” for students 18 years old or older is the student.

L. Districts and schools may obtain and possess epinephrine auto-injectors to be maintained and administered by school personnel to a student or other individual if, in good faith, it is determined that person is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine auto-injector. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.

A district or school may enter into arrangements with manufacturers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free, or reduced prices. A third party, other than a manufacturer or supplier, may pay for a school’s supply of epinephrine auto-injectors.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 13.32 (Student Health Data)

     Minn. Stat. § 121A.21 (Hiring of Health Personnel)

     Minn. Stat. § 121A.22 (Administration of Drugs and Medicine)

     Minn. Stat. § 121A.221 (Possession and Use of Asthma Inhalers by Asthmatic Students)

     Minn. Stat. § 121A.222 (Possession and Use of Nonprescription Pain Relievers by Secondary Students)

     Minn. Stat. § 121A.2205 (Possession and Use of Epinephrine Auto-  Injectors; Model Policy)

     Minn. Stat. § 121A.2207 (Life-Threatening Allergies in Schools; Stock Supply of Epinephrine Auto-Injectors)

     Minn. Stat. § 151.212 (Label of Prescription Drug Containers)

     Minn. Stat. § 152.22 (Medical Cannabis; Definitions)

     Minn. Stat. § 152.23 (Medical Cannabis; Limitations)

     20 U.S.C. § 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004)

     29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

 

Cross References: Policy 418 (Drug-Free Workplace/Drug-Free School)

Reviewed: 09-20-01, 08-19-04, 06-23-05, 04-20-06, 06-23-16

Approved: 10-18-01, 09-23-04, 07-19-05, 05-19-06, 07-21-16

516F - Student Medication Form

517 - Student Recruiting

518 - DNR-DNI Orders

519 - Interviews of Students by Outside Agencies

520 - Student Surveys

 

Policy #520

STUDENT SURVEYS

I.         PURPOSE

Occasionally, the school district utilizes surveys to obtain student opinions and information about students.  The purpose of this policy is to establish the parameters of information that may be sought in student surveys.

II.        GENERAL STATEMENT OF POLICY

Student surveys may be conducted as determined necessary by the school district.  Surveys, analyses, and evaluations conducted as part of any program funded through the U.S. Department of Education must comply with 20 U.S.C. § 1232h.

III.      STUDENT SURVEYS IN GENERAL

A.        Student surveys will be conducted anonymously and in an indiscernible fashion.  No mechanism will be used for identifying the participating student in any way.  No attempt will be made in any way to identify a student survey participant.  No requirement that the student return the survey shall exist, and no record of the student’s returning a survey will be maintained.

B.        The superintendent may choose not to approve any survey that seeks probing personal and/or sensitive information that could result in identifying the survey participant, or is discriminatory in nature based on age, race, color, sex, disability, religion, or national origin.

C.        Surveys containing questions pertaining to the student’s or the student’s parent(s) or guardian(s) personal beliefs or practices in sex, family life, morality, and religion will not be administered to any student unless the parent or guardian of the student is notified in writing that such survey is to be administered and the parent or guardian of the student gives written permission for the student to participate or has the opportunity to opt out of the survey depending upon how the survey is funded.  Any and all documents containing the written permission of a parent for a student to participate in a survey will be maintained by the school district in a file separate from the survey responses.

D.        Although the survey is conducted anonymously, potential exists for personally identifiable information to be provided in response thereto.  To the extent that personally identifiable information of a student is contained in his or her responses to a survey, the school district will take appropriate steps to ensure the data is protected in accordance with Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act), 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act) and 34 C.F.R. Part 99.

E.         The school district must not impose an academic or other penalty on a student who opts out of participating in a student survey.

IV.       STUDENT SURVEYS CONDUCTED AS PART OF DEPARTMENT OF EDUCATION PROGRAM

A.        All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be available for inspection by the parents or guardians of the students.

B.        No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, without the prior consent of the student (if the student is an adult or emancipated minor), or, in the case of an unemancipated minor, without the prior written consent of the parent, to submit to a survey that reveals information concerning:

1.         political affiliations or beliefs of the student or the student’s parent;

2.         mental and psychological problems of the student or the student’s family;

3.         sex behavior or attitudes;

4.         illegal, antisocial, self-incriminating, or demeaning behavior;

5.         critical appraisals of other individuals with whom respondents have close family relationships;

6.         legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

7.         religious practices, affiliations, or beliefs of the student or the student’s parent; or

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

C.        A school district that receives funds under any program funded by the U.S. Department of Education shall develop local policies consistent with Sections IV.A. and IV.B., above, concerning student privacy, parental access to information, and administration of certain physical examinations to minors.

1.         The following policies are to be adopted in consultation with parents:

a.         The right of a parent to inspect, on request, a survey, including an evaluation, created by a third party before the survey is administered or distributed by a school to a student, including procedures for granting a parent’s request for reasonable access to such survey within a reasonable period of time after the request is received.

“Parent” means a legal guardian or other person acting in loco parentis (in place of a parent), such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child.

b.         Arrangements to protect student privacy in the event of the administration or distribution of a survey, including an evaluation, to a student which contains one or more of the items listed in Section IV.B., above, including the right of a parent of a student to inspect, on request, any such survey.

c.         The right of a parent of a student to inspect, on request, any instructional material used as part of the educational curriculum for the student and procedures for granting a request by a parent for such access within a reasonable period of time after the request is received.

“Instructional material” means instructional content that is provided to a student, regardless of format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (i.e., materials accessible through the Internet).  The term does not include academic tests or academic assessments.

d.         The administration of physical examinations or screenings that the school district may administer to a student.  This provision does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400, et seq.).

e.         The collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing the information to others for that purpose), including arrangements to protect student privacy that are provided by the school district in the event of such collection, disclosure, or use.

(1)       “Personal information” means individually identifiable information including a student or parent’s first and last name; a home or other physical address (including street name and the name of the city or town); a telephone number; or a Social Security identification number.

(2)       This provision does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as:

(a)       college or other post-secondary education recruitment or military;

(b)       book clubs, magazines, and programs providing access to low cost literary products;

(c)       curriculum and instructional materials used by elementary and secondary schools;

(d)       tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students, or to generate other statistically useful data for the purpose of securing such tests and assessments and the subsequent analysis and public release of the aggregate data from such tests and assessments;

(e)       the sale by students of products or services to raise funds for school-related or education-related activities; and

(f)        student recognition programs.

(3)       The right of a parent to inspect, on request, any instrument used in the collection of information, as described in Section IV.C.1., Subparagraph e., above, before the instrument is administered or distributed to a student and procedures for granting a request by a parent for reasonable access to such an instrument within a reasonable period of time after the request is received.

2.         The policies adopted under Section IV.C., Subparagraph 1., above, shall provide for reasonable notice of the adoption or continued use of such policies directly to parents of students enrolled in or served by the school district.

a.         The notice will be provided at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in a policy.

b.         The notice will provide parents with an opportunity to opt out of participation in the following activities:

(1)       Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for that purpose.

(2)       The administration of any third-party survey (non-Department of Education funded) containing one or more of the items contained in Section IV.B., above.

(3)       Any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and scheduled by the school in advance, and not necessary to protect the immediate health and safety of the student or other students.

“Invasive physical examination” means any medical examination that involves the exposure of private body parts, or act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

c.         The notice will advise students of the specific or approximate dates during the school year when the activities in Section IV.C.2., Subparagraph b., above, are scheduled, or expected to be scheduled.

d.         The notice provisions shall not be construed to preempt applicable provisions of state law that require parental notification and do not apply to any physical examination or screening that is permitted or required by applicable state law, including physical examinations or screenings that are permitted without parental notification.

V.        NOTICE

A.        The school district must give parents and students notice of their rights under this policy at the beginning of each school year and after making substantive changes to this policy.

B.        The school district must inform parents at the beginning of the school year if the district or school has identified specific or approximate dates for administering surveys and give parents reasonable notice of planned surveys scheduled after the start of the school year.  The school district must give parents direct, timely notice when their students are scheduled to participate in a student survey by United States mail, e-mail, or another direct form of communication.

C.        The school district must give parents the opportunity to review the survey and to opt their students out of participating in the survey.

Source:                       Cambridge-Isanti Schools

Legal References:     

  • Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
  • Minn. Stat. § 121A.065 (District Surveys to Collect Student Information;
  • Parent Notice and Opportunity for Opting Out)
  • 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
  • 20 U.S.C. § 1232h (Protection of Pupil Rights)
  • 34 C.F.R. § 99 (Family Educational Rights and Privacy Act Regulations)
  • Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed. 2d 309 (2002)
  • C.N. v. Ridgewood Bd. of Educ., 430 F.3d. 159 (3rd Cir. 2005)
  • Fields v. Palmdale School Dist., 427 F.3d. 1197 (9th Cir. 2005)

Cross References:     

  • Policy 515 (Protection and Privacy of Pupil Records)
  • Policy 521 (Student Disability Nondiscrimination)
  • Policy 522 (Student Sex Nondiscrimination)

 

Reviewed:                   3-21-02, 3-16-04, 1-20-05, 4-20-06, 5-22-08, 11-17-16

Approved:                   4-18-02, 3-16-04, 1-20-05, 5-18-06, 5-22-08, 12-15-16

 

 

 
 

 

 

PUBLIC NOTICE

Independent School District No. 911 gives notice to parents of students currently in attendance in the school district, eligible students currently in attendance in the school district and students currently in attendance in the school district, of their rights regarding inspection of instructional materials and limits on survey, analysis, or evaluation:

Parents, eligible students and students are hereby informed that they have the following rights:

All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be available for inspection by parents or guardians of students.

No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent, to submit to a survey that reveals information concerning:

political affiliations;

mental and psychological problems potentially embarrassing to the student or the student’s family;

sex behavior and attitudes;

illegal, antisocial, self-incriminating and demeaning behavior;

critical appraisals of other individuals with whom respondents have close family relationships;

legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or

income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

INDEPENDENT SCHOOL DISTRICT NO. 911

CAMBRIDGE, MINNESOTA

 

Date:  ______             Board Chair:  ________________________________________________________ 

521 - Student Disability Non-Discrimination

POLICY #521

STUDENT DISABILITY NONDISCRIMINATION

I. PURPOSE

The purpose of this policy is to protect disabled students from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973 (Section 504), need services, accommodations, or programs in order that such learners may receive a free appropriate public education.

II. GENERAL STATEMENT OF POLICY

A. Disabled students who meet the criteria of Paragraph C. below are protected from discrimination on the basis of a disability.

B The responsibility of the school district is to identify and evaluate learners who, within the intent of Section 504, need services, accommodations, or programs in order that such learners may receive a free appropriate public education.

C. For this policy, a learner who is protected under Section 504 is one who:

     1. has a physical or mental impairment that substantially limits one or more of such person’s major life activities; or

     2. has a record of such an impairment; or

     3. is regarded as having such an impairment.

D. Learners may be protected from disability discrimination and be eligible for services, accommodations, or programs under the provisions of Section 504 even though they are not eligible for special education pursuant to the Individuals with Disabilities Education Act.



III. COORDINATOR

Persons who have questions or comments should contact the Director of Teaching and Learning. This person is the school district’s Americans with Disabilities Act/Section 504 coordinator. Persons who wish to make a complaint regarding a disability discrimination matter may use the accompanying Student Disability Discrimination Grievance Report Form. The form should be 763-689-6188 given to the ADA/Section 504 coordinator.

Source: Cambridge-Isanti Schools

Legal References:

     Pub. L. 110-325, 122 Stat. 3553 (ADA Amendments Act of 2008, § 7)    

     29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

     34 C.F.R. Part 104 (Section 504 Implementing Regulations)

Cross References:

     Policy 402 (Disability Nondiscrimination

Reviewed:

     8-23-01, 3-16-04, 10-19-06, 10-22-09, 05-19-16

Approved:

     9-20-01, 4-22-04, 11-16-06, 11-19-09, 06-23-16

 

General Statement of Policy Prohibiting Disability Discrimination

Independent School District No. 911 maintains a firm policy prohibiting all forms of discrimination on the basis of a disability. All persons are to be treated with respect and dignity. Discrimination on the basis of a disability will not be tolerated under any circumstances.

Complainant: _____________________________________________________________________

Home Address: ____________________________________________________________________

Work Address: ____________________________________________________________________

Home Phone: __________________________ Work Phone: ____________________________

I have been discriminated against based on (choose one or more):

[my disability]      [a record of my disability]      [being regarded as having a disability]

because _________________________________________________________________________

________________________________________________________________________________

Date of alleged incident(s): __________________________________________________________

Name of person you believe discriminated against you or another person: _____________________

________________________________________________________________________________

If the alleged discrimination was toward another person, identify that person: __________________

________________________________________________________________________________

Describe the incident(s) as clearly as possible, including such things as: any verbal statements; what, if any, physical contact was involved; etc. (attach additional pages if necessary): ______ _________

________________________________________________________________________________ __ ______________________________________________________________________________

Location of the incident(s) ___________________________________________________________

________________________________________________________________________________

List any witnesses that were present: __________________________________________________

________________________________________________________________________________

This complaint is filed based on my honest belief that ________________________ has discriminated against me or another person based on a disability. I hereby certify that the information I have provided in this complaint is true, correct, and complete to the best of my knowledge and belief.

_____________________________________ ____________________________________

(Complainant Signature)                                          (Date)

_____________________________________ __________________________

(Received by)                                                             (Date)

STUDENT DISABILITY DISCRIMINATION

GRIEVANCE REPORT FORM

Cambridge-Isanti Schools

522 - Student Sex Non-Discrimination

523 - Policies Incorporated by Reference - Students

POLICY #523

POLICIES INCORPORATED BY REFERENCE - STUDENTS

PURPOSE

Certain policies as contained in this policy reference manual are applicable to students as well as to employees. In order to avoid undue duplication, the school district provides notice by this section of the application and incorporation by reference of policies included, but not limited to those listed below, which also apply to students:

Policy 102 Equal Educational Opportunity

Policy 103 Complaints – Students, Employees, Parents, Other Persons

Policy 206 Public Participation in School Board Meetings/Complaints about

Persons at School Board Meetings and Data Privacy Considerations

Policy 211 Criminal or Civil Action Against School District, School Board Member, Employee, or Student

Policy 305 Policy Implementation

Policy 413 Harassment and Violence

Policy 417 Chemical Use and Abuse

Policy 418 Drug-Free Workplace/Drug-Free School

Policy 419 Tobacco-Free Environment

Policy 420 Students and Employees with Communicable or Infectious Diseases

Policy 511 Student Fundraising

Policy 524 Internet Acceptable Use and Safety Policy

Policy 525 Violence Prevention

Policy 610 Field Trips

Policy 613 Graduation Requirements

Policy 614 School District Testing Plan and Procedure

Policy 615 Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students

Policy 616 School District System Accountability

Policy 707 Transportation of Public School Students

Policy 708 Transportation of Nonpublic School Students

Policy 709 Student Transportation Safety Policy

Policy 710 Extracurricular Transportation

Policy 711 Video Recording on School Buses

Policy 712 Video Surveillance Other Than on Buses

Policy 801 Equal Access to School Facilities

Students are charged with notice that the above cited policies are also applicable to students; however, students are also on notice that the provisions of the various policies speak for themselves and may be applicable although not specifically listed above.

Source: Cambridge-Isanti Schools

Reviewed: 09-22-16

Approved: 10-13-16

524 - Internet Acceptable Use and Safety Policy

POLICY #524

INTERNET ACCEPTABLE USE AND SAFETY POLICY

I. PURPOSE

The purpose of this policy is to set forth policies and guidelines for access to the school district computer system and acceptable and safe use of the Internet, including electronic communications.

II. GENERAL STATEMENT OF POLICY

In making decisions regarding student and employee access to the school district computer system and the Internet, including electronic communications, the school district considers its own stated educational mission, goals, and objectives. Electronic information research skills are now fundamental to preparation of citizens and future employees. Access to the school district computer system and to the Internet enables students and employees to explore thousands of libraries, databases, bulletin boards, and other resources while exchanging messages with people around the world. The school district expects that faculty will blend thoughtful use of the school district computer system and the Internet throughout the curriculum and will provide guidance and instruction to students in their use.

III. LIMITED EDUCATIONAL PURPOSE

The school district is providing students and employees with access to the school district computer system, which includes Internet access. The purpose of the system is more specific than providing students and employees with general access to the Internet. The school district system has a limited educational purpose, which includes use of the system for classroom activities, educational research, and professional or career development activities. Users are expected to use Internet access through the district system to further educational and personal goals consistent with the mission of the school district and school policies. Uses which might be acceptable on a user’s private personal account on another system may not be acceptable on this limited-purpose network.

IV. USE OF SYSTEM IS A PRIVILEGE

The use of the school district system and access to use of the Internet is a privilege, not a right. Depending on the nature and degree of the violation and the number of previous violations, unacceptable use of the school district system or the Internet may result in one or more of the following consequences: suspension or cancellation of use or access privileges; payments for damages and repairs; discipline under other appropriate school district policies, including suspension, expulsion, exclusion or termination of employment; or civil or criminal liability under other applicable laws.

V. UNACCEPTABLE USES

A. The following uses of the school district system and Internet resources or accounts are considered unacceptable:

1. Users will not use the school district system to access, review, upload, download, store, print, post, receive, transmit or distribute:

a. pornographic, obscene or sexually explicit material or other visual depictions that are harmful to minors;

b. obscene, abusive, profane, lewd, vulgar, rude, inflammatory, threatening, disrespectful, or sexually explicit language;

c. materials that use language or images that are inappropriate in the education setting or disruptive to the educational process;

d. information or materials that could cause damage or danger of disruption to the educational process;

e. materials that use language or images that advocate violence or discrimination toward other people (hate literature) or that may constitute harassment or discrimination.

2. Users will not use the school district system to knowingly or recklessly post, transmit or distribute false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.

3. Users will not use the school district system to engage in any illegal act or violate any local, state or federal statute or law.

4. Users will not use the school district system to vandalize, damage or disable the property of another person or organization, will not make deliberate attempts to degrade or disrupt equipment, software or system performance by spreading computer viruses or by any other means, will not tamper with, modify or change the school district system software, hardware or wiring or take any action to violate the school district’s security system, and will not use the school district system in such a way as to disrupt the use of the system by other users.

5. Users will not use the school district system to gain unauthorized access to information resources or to access another person’s materials, information or files without the implied or direct permission of that person.

6. Users will not use the school district system to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including, but not limited to, addresses, telephone numbers, school addresses, work addresses, identification numbers, account numbers, access codes or passwords, labeled photographs or other information that would make the individual’s identity easily traceable, and will not repost a message that sent to the user privately without permission of the person who sent the message.

a. This paragraph does not prohibit the posting of employee contact information on school district webpages or communications between employees and other individuals when such communications are made for education-related purposes (i.e., communications with parents or other staff members related to students).

b. Employees creating or posting school-related webpages may include personal contact information about themselves on a webpage. However, employees may not post personal contact information or other personally identifiable information about students unless:

(1) such information is classified by the school district as directory information, and verification is made that the school district has not received notice from a parent/guardian or eligible student that such information is not to be designated as directory information in accordance with Policy 515; or

(2) such information is not classified by the school district as directory information but written consent for release of the information to be posted has been obtained from a parent/guardian or eligible student in accordance with Policy 515.

In addition, prior to posting any personal contact or personally identifiable information on a school-related webpage, employees shall obtain written approval of the content of the postings from the building administrator.

c. These prohibitions specifically prohibit a user from utilizing the school district system to post personal information about a user or another individual on social networks, including, but not limited to, social networks such as “MySpace” and “Facebook.”

7. Users must keep all account information and passwords on file with the designated school district official. Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person’s account, or use computer accounts, access codes or network identification other than those assigned to the user. Messages and records on the school district system may not be encrypted without the permission of appropriate school authorities.

8. Users will not use the school district system to violate copyright laws or usage licensing agreements, or otherwise to use another person’s property without the person’s prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet.

9. Users will not use the school district system for conducting business, for unauthorized commercial purposes or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement. Users will not use the school district system to purchase goods or services for personal use without authorization from the appropriate school district official.

10. Users will not use the school district system to engage in bullying or cyberbullying in violation of the school district’s Bullying Prohibition Policy (MSBA/MASA Model Policy 514). This prohibition includes using any technology or other electronic communication off school premises to the extent that student learning or the school environment is substantially and materially disrupted.

B. A student or employee engaging in the foregoing unacceptable uses of the Internet when off school district premises also may be in violation of this policy as well as other school district policies. Examples of such violations include, but are not limited to, situations where the school district system is compromised or if a school district employee or student is negatively impacted. If the school district receives a report of an unacceptable use originating from a non-school computer or resource, the school district may investigate such reports to the best of its ability. Students or employees may be subject to disciplinary action for such conduct, including, but not limited to, suspension or cancellation of the use or access to the school district computer system and the Internet and discipline under other appropriate school district policies, including suspension, expulsion, exclusion, or termination of employment.

C. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site, the user shall immediately disclose the inadvertent access to an appropriate school district official. In the case of a school district employee, the immediate disclosure shall be to the employee’s immediate supervisor and/or the building administrator. This disclosure may serve as a defense against an allegation that the user has intentionally violated this policy. In certain rare instances, a user also may access otherwise unacceptable materials if necessary to complete an assignment and if done with the prior approval of and with appropriate guidance from the appropriate teacher or, in the case of a school district employee, the building administrator.

VI. FILTER

A. With respect to any of its computers with Internet access, the school district will monitor the online activities of both minors and adults and employ technology protection measures during any use of such computers by minors and adults. The technology protection measures utilized will block or filter Internet access to any visual depictions that are:

1. Obscene;

2. Child pornography; or

3. Harmful to minors.

B. The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; or

2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

C. Software filtering technology shall be narrowly tailored and shall not discriminate based on viewpoint.

D. An administrator, supervisor, or other person authorized by the Superintendent may disable the technology protection measure, during use by an adult, to enable access for bona fide research or other lawful purposes.

E. The school district will educate students about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

VII. CONSISTENCY WITH OTHER SCHOOL POLICIES

Use of the school district computer system and use of the Internet shall be consistent with school district policies and the mission of the school district.

VIII. LIMITED EXPECTATION OF PRIVACY

A. By authorizing use of the school district system, the school district does not relinquish control over materials on the system or contained in files on the system. Users should expect only limited privacy in the contents of personal files on the school district system.

B. Routine maintenance and monitoring of the school district system may lead to a discovery that a user has violated this policy, another school district policy, or the law.

C. An individual investigation or search will be conducted if school authorities have a reasonable suspicion that the search will uncover a violation of law or school district policy.

D. Parents have the right at any time to investigate or review the contents of their child’s files and e-mail files. Parents have the right to request the termination of their child’s individual account at any time.

E. School district employees should be aware that the school district retains the right at any time to investigate or review the contents of their files and e-mail files. In addition, school district employees should be aware that data and other materials in files maintained on the school district system may be subject to review, disclosure or discovery under Minn. Stat. Ch. 13 (the Minnesota Government Data Practices Act).

F. The school district will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with school district policies conducted through the school district system.

IX. INTERNET USE AGREEMENT

A. The proper use of the Internet, and the educational value to be gained from proper Internet use, is the joint responsibility of students, parents, and employees of the school district.

B. This policy requires the permission of and supervision by the school’s designated professional staff before a student may use a school account or resource to access the Internet.

C. Students will sign the District 911 BYOD/School Issued Device and Internet Usage Guidelines yearly either as a part of the Student Handbook sign off process or separately as a part of the plan for digital citizenship and acceptable internet usage.

X. LIMITATION ON SCHOOL DISTRICT LIABILITY

Use of the school district system is at the user’s own risk. The system is provided on an “as is, as available” basis. The school district will not be responsible for any damage users may suffer, including, but not limited to, loss, damage, or unavailability of data stored on school district diskettes, tapes, hard drives, or servers, or for delays or changes in or interruptions of service or misdeliveries or nondeliveries of information or materials, regardless of the cause. The school district is not responsible for the accuracy or quality of any advice or information obtained through or stored on the school district system. The school district will not be responsible for financial obligations arising through unauthorized use of the school district system or the Internet.

XI. USER NOTIFICATION

  1. All users shall be notified of the school district policies relating to Internet use.

B. This notification shall include the following:

1. Notification that Internet use is subject to compliance with school district policies.

2. Disclaimers limiting the school district’s liability relative to:

a. Information stored on school district diskettes, hard drives, or servers.

b. Information retrieved through school district computers, networks, or online resources.

c. Personal property used to access school district computers, networks, or online resources.

d. Unauthorized financial obligations resulting from use of school district resources/accounts to access the Internet.

3. A description of the privacy rights and limitations of school sponsored/managed Internet accounts.

4. Notification that, even though the school district may use technical means to limit student Internet access, these limits do not provide a foolproof means for enforcing the provisions of this acceptable use policy.

5. Notification that goods and services can be purchased over the Internet that could potentially result in unwanted financial obligations and that any financial obligation incurred by a student through the Internet is the sole responsibility of the student and/or the student’s parents.

6. Notification that the collection, creation, reception, maintenance, and dissemination of data via the Internet, including electronic communications, is governed by Policy 406, Public and Private Personnel Data, and Policy 515, Protection and Privacy of Pupil Records.

7. Notification that, should the user violate the school district’s acceptable use policy, the user’s access privileges may be revoked, school disciplinary action may be taken and/or appropriate legal action may be taken.

8. Notification that all provisions of the acceptable use policy are subordinate to local, state, and federal laws.

XII. PARENTS’ RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE

A. Outside of school, parents bear responsibility for the same guidance of Internet use as they exercise with information sources such as television, telephones, radio, movies, and other possibly offensive media. Parents are responsible for monitoring their student’s use of the school district system and of the Internet if the student is accessing the school district system from home or a remote location.

B. Parents will be notified that their students will be using school district resources/accounts to access the Internet and that the school district will provide parents the option to request alternative activities not requiring Internet access. This notification should include:

1. A copy of the user notification form provided to the student user.

2. A description of parent/guardian responsibilities.

3. A notification that the parents have the option to request alternative educational activities not requiring Internet access and the material to exercise this option.

4. A statement that the Internet Use Agreement must be signed by the user, the parent or guardian, and the supervising teacher prior to use by the student.

5. A statement that the school district’s acceptable use policy is available for parental review.

XIII. IMPLEMENTATION; POLICY REVIEW

A. The school district administration may develop appropriate user notification forms, guidelines, and procedures necessary to implement this policy for submission to the school board for approval. Upon approval by the school board, such guidelines, forms, and procedures shall be an addendum to this policy.

B. The administration shall revise the user notifications, including student and parent notifications, if necessary, to reflect the adoption of these guidelines and procedures.

C. The school district Internet policies and procedures are available for review by all parents, guardians, staff, and members of the community.

D. Because of the rapid changes in the development of the Internet, the school board shall conduct an annual review of this policy.

Source: Cambridge-Isanti Schools

Legal References:

      15 U.S.C. § 6501 et seq. (Children’s Online Privacy Protection Act)

17 U.S.C. § 101 et seq. (Copyrights)

20 U.S.C. § 6751 et seq. (Enhancing Education through Technology Act of 2001)

47 U.S.C. § 254 (Children’s Internet Protection Act of 2000 (CIPA)

47 C.F.R. § 54.520 (FCC rules implementing CIPA)

Minn. Stat. § 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)

Minn. Stat. § 125B.15 (Internet Access for Students)

Minn. Stat. § 125B.26 (Telecommunications/Internet Access Equity Act)

Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969)

United States v. Amer. Library Assoc., 539 U.S. 194, 123 S.Ct. 2297, 56 L.Ed.2d 221 (2003)

Doninger v. Niehoff, 527 F.3d 41 (2nd Cir. 2008)

R.S. v. Minnewaska Area Sch. Dist. No. 2149, No. 12-588, 2012 WL 3870868 (D. Minn. 2012)

Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other grounds 816 N.W.2d 509 (Minn. 2012)

S.J.W. v. Lee’s Summit R-7 Sch. Dist., 696 F.3d 771 (8th Cir. 2012)

Kowalski v. Berkeley County Sch., 652 F.3d 656 (4th Cir. 2011)

Layshock v. Hermitage Sch. Dist., 650 F.3d 205 (3rd Cir. 2011)

Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton

R-III Sch. Dist., 853 F.Supp.2d 888 (W.D. Mo. 2012)

M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)

J.S. v. Bethlehem Area Sch. Dist., 807 A.2d 847 (Pa. 2002)

Cross References:

Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

Policy 406 (Public and Private Personnel Data)

Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)

Policy 506 (Student Discipline)

Policy 514 (Bullying Prohibition Policy)

Policy 515 (Protection and Privacy of Pupil Records)

Policy 519 (Interviews of Students by Outside Agencies)

Policy 521 (Student Disability Nondiscrimination)

Policy 522 (Student Sex Nondiscrimination)

Policy 603 (Curriculum Development)

Policy 604 (Instructional Curriculum)

Policy 606 (Textbooks and Instructional Materials)

Policy 806 (Crisis Management Policy)

Policy 904 (Distribution of Materials on School District Property by Nonschool Persons)

Reviewed: 9-20-01, 6-23-05, 4-20-06, 3-22-07, 6-19-08, 03-19-15

Approved: 10-18-01, 6-20-02, 7-19-05, 5-18-06, 4-19-07, 7-24-08, 04-23-15

524F - Internet Use Agreement

525 - Violence Prevention

                                                                                                                     POLICY #525

VIOLENCE PREVENTION

I.         PURPOSE

The purpose of this policy is to recognize that violence has increased and to identify measures that the school district will take in an attempt to maintain a learning and working environment that is free from violent and disruptive behavior.

The school board is committed to promoting healthy relationships and learning environments that are physically and psychologically safe for all members of the school community.  It further believes that students are the first priority and they should be protected from physical or emotional harm during school activities and on school grounds, buses, or field trips while under school district supervision.

II.        GENERAL STATEMENT OF POLICY

A.        The policy of the school district is to strictly enforce its weapons policy (Policy 501).

B.        The policy of the school district is to act promptly in investigating all acts, or formal or informal complaints, of violence and take appropriate disciplinary action against any student or staff member who is found to have violated this policy or any related policy.

C.        The administration will periodically review discipline policies and procedures, prepare revisions if necessary, and submit them to the school board for review and adoption.

D.        The school district will implement approved violence prevention strategies to promote safe and secure learning environments, to diminish violence in our schools, and to aid in the protection of children whose health or welfare may be jeopardized through acts of violence.

III.      IMPLEMENTATION OF POLICY

A.        The school board will review and approve policies to prevent and address violence in our schools.  The superintendent or designee will develop procedures to effectively implement the school weapons and violence prevention policies.  It shall be incumbent on all students and staff to observe all policies and report violations to the school administration.

B.        The school board and administration will inform staff and students annually of policies and procedures related to violence prevention and weapons.

C.        The school district will act promptly to investigate all acts and formal and informal complaints of violence and take appropriate disciplinary action against any student or staff member who is found to have violated this policy or any related policy.

D.        The consequences set forth in the school weapons policy (Policy 501) will be imposed upon any student or nonstudent who possesses, uses or distributes a weapon when in a school location.

E.         The consequences set forth in the school hazing policy (Policy 526) will be imposed upon any student or staff member who commits an act against a student or staff member; or coerces a student or staff member into committing an act, that creates a substantial risk of harm to a person in order for the student or staff member to be initiated into or affiliated with an organization, or for any other purpose.

F.         Students with disabilities may be expelled for behavior unrelated to their disabilities, subject to the procedural safeguards required by the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Pupil Fair Dismissal Act.

G.        Procedures will be developed for the referral of any person in violation of this policy or the weapons policy to the local law enforcement agency in accordance with Minn. Stat. § 121A.05.

H.        Students who wear objectionable emblems, signs, words, objects, or pictures on clothing communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group or which connotes gang membership or that approves, advances, or provokes any form of religious, racial, or sexual harassment or violence against other individuals as defined in the harassment and violence policy (Policy 413) will be subject to the procedures set forth in the student dress and appearance policy (Policy 504).  “Gang” as used in this policy means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or whose members engaged in a pattern of criminal gang activity. A “pattern of gang activity” means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of or belong to the same criminal street gang.

I.          This policy is not intended to abridge the rights of students to express political, religious, philosophical, or similar opinions by wearing apparel on which such messages are stated.  Such messages are acceptable as long as they are not lewd, vulgar, obscene, defamatory, profane, denote gang affiliation, advocate harassment or violence against others, are likely to disrupt the education process, or cause others to react in a violent or illegal manner (Policy 504).

IV.      PREVENTION STRATEGIES

The school district has adopted and will implement the following prevention strategies to promote safe and secure learning environments, to diminish violence in our schools, and to aid in the protection of children whose health or welfare may be jeopardized through acts of violence.

A.        Adopt a district crisis management policy to address potential violent crisis situations in the district.

B.        Provide training in recognition, prevention, and safe responses to violence and development of a positive school climate, including Emergency Action Procedures.

C.        Coordinate a local emergency management planning committee comprised of school officials, law enforcement, and other stakeholders as appropriate.

D.        In-service training for personnel in aspects of reporting, visibility, and supervision as deterrents to violence.

E.         Promote student safety responsibility by encouraging the reporting of suspicious individuals and unusual activities on school grounds.

F.         Establish a curriculum committee that explores ways of teaching students violence prevention strategies, law-related education, and character/values education (5 character traits honesty, responsibility, self-discipline, compassion, and respect).

G.        Establish clear school rules that prevent and deter violence.

H.        Develop cross-cultural awareness programs to unify students of all cultures and backgrounds, to develop mutual respect and understanding of shared experiences and values among students, and to promote the message of inclusion.

I.          Establish conflict resolution training, conflict management, or peer mediation programs for staff and students to teach conservative approaches to settling disputes.

J.         Develop curriculum that teaches social skills such as maintaining self-control, building communications skills, forming friendships, resisting peer pressure, being appropriately assertive, forming positive relationships with adults, and resolving conflict in nonviolent ways.

K.        Develop curriculum that teaches critical viewing and listening skills in analyzing mass media to recognize stereotypes, distinguish fact from fantasy, and identify differences in behavior and values that conflict with their own.

L.         Develop student safety forums that both inform and elicit students’ ideas about particular safety problems in the building.

M.       Develop and utilize a student photo or name identification system for quick identification of the student in case of emergency.

N.        Maintain a staff photo or name identification system using identification badges for quick identification of unauthorized people on campus.

O.        Require all visitors to check-inat the main office upon their arrival and state their business at the school.  A visitor badge may be issued for easy identification that the visitor is authorized to be present in the school building.

P.         Develop curriculum on character education including, but not limited to, character qualities such as honesty, responsibility, self-discipline, compassion and respect.

V.        STUDENT SUPPORT

A.        Students will have access to school-based student service professionals, when available, including counselors, nurses, social workers, and psychologists who are knowledgeable in methods to assist students with violence prevention and intervention.

B.        Students will be apprised of school board policies designed to protect their personal safety.

C.        Students will be provided with information as to school district and building rules regarding weapons and violence.

D.        Students will be informed of resources for violence prevention and proper reporting.

VI.      PERSONNEL

A.        School district personnel shall comply with the school weapons policy (Policy 501) and the school hazing policy (Policy 526).

B.        School district personnel shall be knowledgeable of violence prevention policies and report any violation to school administration immediately.  School district personnel will be informed annually as to school district and building rules regarding weapons and violence prevention.

C.        School district personnel or agents of the school district shall not engage in emotionally abusive acts including malicious shouting, ridicule, and/or threats or other forms of corporal punishment (Policy 507).

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 13.43, Subd. 16 (School District or Charter School Disclosure of Violence or                                                Inappropriate Sexual Contact)

    Minn. Stat. § 120B.22 (Violence Prevention Education)

    Minn. Stat. § 120B.232 (Character Development Education)

    Minn. Stat. § 121A.035 (Crisis Management Policy)

    Minn. Stat. § 121A.05 (Policy to Refer Firearms Possessor)

    Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

    Minn. Stat. § 121A.44 (Expulsion for Possession of Firearm)

    Minn. Stat. § 121A.64 (Notification)

    Minn. Stat. § 121A.69 (Hazing Policy)

    Minn. Stat. § 181.967, Subd. 5 (School District Disclosure of Violence or

            Inappropriate Sexual Contact)

   18 U.S.C. § 921 (Definition of Firearm)

   20 U.S.C. § 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004)

   29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

  Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969)

  Stephenson v. Davenport Cmty. Sch. Dist., 110 F.3d 1303 (8th Cir. 1997)

  McIntire v. Bethel School, 804 F.Supp. 1415, 78 Educ. L.Rep. 828 (W.D. Okla. 1992)

  Olesen v. Board of Educ. of Sch. Dist. No. 228, 676 F.Supp. 820, 44 Educ.

            L.Rep. 205 (N.D. Ill. 1987)

Cross References:   Policy 413 (Harassment and Violence)

  Policy 501 (School Weapons Policy)

  Policy 504 (Student Dress and Appearance)

  Policy 506 (Student Discipline)

  Policy 507 (Corporal Punishment)

  Policy 514 (Bullying Prohibition Policy)

  Policy 526 (Hazing Prohibition)

  Policy 529 (Staff Notification of Violent Behavior by Students)

Reviewed:                   3-21-02, 1-20-05, 4-20-06, 7-22-10, 03-23-17

Approved:                   4-18-02, 1-20-05, 5-18-06, 7-22-10, 04-20-16

526 - Hazing Prohibition

527 - Student Use and Parking of Motor Vehicles; Patrols, Inspections and Searches

528 - Student Parental, Family and Marital Status Non-Discrimination

529 - Notification of Violent Behavior By Students

 

POLICY #529

STAFF NOTIFICATION OF VIOLENT BEHAVIOR BY STUDENTS

I.         PURPOSE

In an effort to provide a safe school environment, the assigned classroom teacher and certain staff members should know whether a student to be placed in the classroom has a history of violent behavior.  Additionally, decisions should be made regarding how to manage such a student.

The purpose of this policy is to address the circumstances in which data should be provided to classroom teachers and other school staff members about students with a history of violent behavior and to establish a procedure for notifying staff regarding the placement of students with a history of violent behavior.

II.        GENERAL STATEMENT OF POLICY

A.        Any staff member or other employee of the school district who obtains or possesses information concerning a student in the building with a history of violent behavior shall immediately report said information to the principal of the building in which the student attends school.

B.        The administration will meet with the assigned classroom teacher and other appropriate staff members for the purpose of notifying and determining how staff will manage such student.

C.        Only staff members who have a legitimate educational interest in the information will receive notification.

III.      DEFINITIONS

For purposes of this policy, the following terms have the meaning given them.

A.        Administration

“Administration” means the superintendent, building principal, or other designee.

B.        Classroom Teacher

“Classroom teacher” means the instructional personnel responsible for the course or room to which a student is assigned at any given time, including a substitute hired in place of the classroom teacher.

C.        History of Violent Behavior

1.         A student will be considered to have a history of violent behavior if incident(s) of violence, including any documented physical assault of a school district employee by the student, have occurred during the current or previous school year.

2.         If a student has an incident of violence during the current or previous school year, that incident and all other past related or similar incidents of violence will be reported.

D.        Incident(s) of Violence

“Incident(s) of violence” means willful conduct in which a student endangers or causes physical injury to the student, other students, a school district employee, or surrounding person(s) or endangers or causes significant damage to school district property, regardless of whether related to a disability or whether discipline was imposed.

E.         Legitimate Educational Interest

“Legitimate educational interest” includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for educational data.  It includes a person’s need to know in order to:

1.         Perform an administrative task required in the school or the employee’s contract or position description approved by the school board;

2.         Perform a supervisory or instructional task directly related to the student’s education; or

3.         Perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement, or student financial aid.

4.         Perform a task directly related to responding to a request for data.

F.         School Staff Member

“School staff member” includes:

1.         A person duly elected to the school board;

2.         A person employed by the school board in an administrative, supervisory, instructional, or other professional position;

3.         A person employed by the school board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and

4.         A person employed by, or under contract to, the school board to perform a special task such as an administrative assistant, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor.

IV.       PROCEDURE FOR STAFF NOTIFICATION OF STUDENTS WITH VIOLENT BEHAVIOR

A.        Reports of Violent Behavior

Any staff member or other employee of the school district who becomes aware of any information regarding the violent behavior of an enrolling student or any student enrolled in the school district shall immediately report the information to the building principal where the student is enrolled or seeks to enroll.

B.        Recipients of Notice

Each classroom teacher of a student with a history of violent behavior (see Section III.C., above) will receive written notification from the administration prior to placement of the student in the teacher’s classroom.  In addition, written notice will be given by the administration to other school staff members who have a legitimate educational interest, as defined in this policy, when a student with a history of violent behavior is placed in a teacher’s classroom.  The administration will provide notice to anyone substituting for the classroom teacher or school staff member, who has received notice under this policy, that the substitute will be overseeing a student with a history of violent behavior.

The administration may provide other school district employees or individuals outside of the school district with information regarding a student, including information regarding a student’s history of violent behavior, in accordance with Policy 515, Protection and Privacy of Pupil Records.

C.        Determination of Who Receives Notice

The determination of which classroom teachers and school staff members have a legitimate educational interest in information regarding a student with a history of violent behavior will be made by either: (1) the school district’s Responsible Authority appointed by the school board under the Minnesota Government Data Practices Act or (2) the administration.  In the event the administration makes this determination, the Responsible Authority will provide guidance to the administration as to what data will be shared.

D.        Form of Written Notice

The notice given to classroom teachers and school staff members will be in writing and will include the following:

1.         Name of the student;

2.         Date of notice;

3.         Notification that the student has been identified as a student with a history of violent behavior as defined in Section III. of this policy; and

4.         Reminder of the private nature of the data provided.

E.         Record of Notice

1.         The administration will retain a copy of the notice or other documentation provided to classroom teachers and school staff members notified under this section.

2.         Retention of the written notice or other documentation provided to classroom teachers and school staff members is governed by the approved Records Retention Schedule.

F.         Meetings Regarding Students with a History of Violent Behavior

1.         If the administration determines, in his or her discretion, that the classroom teacher and/or school staff members with a legitimate educational interest in such data reasonably require access to the details regarding a student’s history of violent behavior for purposes of school safety and/or intervention services for the student, the administration also may convene a meeting to share and discuss such data.

2.         The persons present at the meeting may have access to the data described in Section IV.D., above.

G.        Law Enforcement Reports

Staff members will be provided with notice of disposition orders or law enforcement reports received by the school district in accordance with Policy 515, Protection and Privacy of Pupil Records.  Where appropriate, information obtained from disposition orders or law enforcement reports also may be included in a Notification of Violent Behavior.

V.        MAINTENANCE AND TRANSFER OF RECORDS

A report, notice, or documentation pertaining to a student with a history of violent behavior are educational records of a student and will be retained, maintained, and transferred to a school or school district in which a student seeks to enroll in accordance with Policy 515, Protection and Privacy of Pupil Records.

VI.       PARENTAL NOTICE

A.        The administration will notify parents annually that the school district gives classroom teachers and other school staff members notice about students’ history of violent behavior.

B.        Prior to providing the written notice of a student’s violent behavior to classroom teachers and/or school staff members, the administration will inform the student’s parent or guardian that such notice will be provided.

C.        Parents will be given notice that they have the right to review and challenge records or data, including the data documenting the history of violent behavior, in accordance with Policy 515, Protection and Privacy of Pupil Records.

VII.     TRAINING NEEDS

Representatives of the school board and representatives of the teachers will discuss the needs of students and staff.  The parties may discuss necessary training which may include training on conflict resolution and positive behavior interventions and may discuss necessary intervention services such as student behavioral assessments.

Source:                       Cambridge-Isanti Schools

Legal References:     

  • Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
  • Minn. Stat. § 120A.22, Subd. 7 (School Attendance - Education Records)
  • Minn. Stat. § 121A.45 (Grounds for Dismissal)
  • Minn. Stat. § 121A.64 (Notification of Students with Violent Behavior)
  • Minn. Stat. § 121A.75 (Law Enforcement Notice to Schools)
  • Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)
  • 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
  • 34 C.F.R. §§ 99.1-99.67 (Rules Implementing FERPA)
  • Minn. Laws 2003, 1st Sp., Ch. 9, Art. 2, § 53

Cross References:     Policy 515 (Protection and Privacy of Pupil Records)

Reviewed:                   5-23-02, 05-21-15, 11-17-16

Approved:                   6-20-02, 06-25-15, 12-15-16

529F - Staff Notification of Violent Behavior By Students Form

POLICY #529F

MODEL NOTICE

STAFF NOTIFICATION OF VIOLENT BEHAVIOR BY STUDENTS

To: (Staff Name)                          ___________________________________________

From: (Administrative Official)  ___________________________________________

Date of Notice:                             ___________________________________________

This notice is sent to inform you that the following student has a history of violent behavior. The notice is sent to assist you in helping this student to be successful and ensuring the safety of students and staff. You can use what you have learned about the student’s history of violent behavior only to the extent allowed by school district policy. The data on this form are private data under state and federal law, and the student’s privacy rights must be protected.

Student’s name:                            ___________________________________________

Incident(s) of violence:                ___________________________________________

___________________________________________________________________________

______________________________________________________________________

______________________________________________________________________

If staff have a legitimate educational interest, provide the following information.

Description/Explanation of incident(s) if known (Specifically include any mitigating factors, e.g. self-defense, defense of others, medication issues):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

The types of situations that might trigger violent behavior by this student, if known (e.g. triggers for frustration or anger): _______________________________________

______________________________________________________________________

______________________________________________________________________

Strategies or interventions that are successful with this student, if known:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

The following documents may be available for you to review regarding this student:

____ IEP                                                                        ____ §504 Plan

____ Functional Behavioral Assessment                      ____ Reports/statements by school staff

____ Information provided by the parent or guardian

 

Additional information may be available to you based on your legitimate educational interest.

530 - Immunization Requirements

531 - The Pledge of Allegiance

POLICY #531

THE PLEDGE OF ALLEGIANCE

I. PURPOSE

The school board recognizes the need to display an appropriate United States flag and to provide instruction to students in the proper etiquette, display, and respect of the flag. The purpose of this policy is to provide for recitation of the Pledge of Allegiance and instruction in school to help further that end.

II. GENERAL STATEMENT OF POLICY

Students in this school district shall recite the Pledge of Allegiance to the flag of the United States of America one or more times each week. The recitation shall be conducted:

A. By each individual classroom teacher or the teacher’s surrogate; or

B. Over a school intercom system by a person designated by the school principal or other person having administrative control over the school.

III. EXCEPTIONS

Anyone who does not wish to participate in reciting the Pledge of Allegiance for any personal reasons may elect not to do so. Students and school personnel must respect another person’s right to make that choice.

IV. INSTRUCTION

Students will be instructed in the proper etiquette toward, correct display of, and respect for the flag, and in patriotic exercises.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 121A.11, Subd. 3 (Pledge of Allegiance)

     Minn. Stat. § 121A.11, Subd. 4 (Instruction)

Reviewed: 5-20-04, 2-21-06, 2-22-07, 11-20-08, 05-19-16

Approved: 6-29-04, 3-23-06, 2-22-07, 11-20-08, 06-23-16

532 - Use of Peace Officers and Crisis Teams To Remove Students with IEPs From School Grounds

POLICY #532

USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE

STUDENTS WITH IEPs FROM SCHOOL GROUNDS



I. PURPOSE

The purpose of this policy is to describe the appropriate use of peace officers and crisis teams to remove, if necessary, a student with an individualized education program (IEP) from school grounds.



II. GENERAL STATEMENT OF POLICY

The school district is committed to promoting learning environments that are safe for all members of the school community. It further believes that students are the first priority and that they should be reasonably protected from physical or emotional harm at all school locations and during all school activities.



In general, all students, including those with IEPs, are subject to the terms of the school district’s discipline policy. Building level administrators have the leadership responsibility to maintain a safe, secure, and orderly educational environment within which learning can occur. Corrective action to discipline a student and/or modify a student’s behavior will be taken by staff when a student’s behavior violates the school district’s discipline policy.



If a student with an IEP engages in conduct which, in the judgment of school personnel, endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, that student may be removed from school grounds in accordance with this policy.



III. DEFINITIONS

For purposes of this policy, the following terms have the meaning given them in this section:

A. “Student with an IEP” or “the student” means a student who is eligible to receive special education and related services pursuant to the terms of an IEP or an individual interagency intervention plan (IIIP).



B. “Peace officer” means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the Board of Peace Officer Standards and Training, charged with the prevention and detection of crime and the enforcement of general criminal laws of the state and who has the full power of arrest. The term “peace officer” includes a person who serves as a sheriff, a deputy sheriff, a police officer, or a state patrol trooper.



C. “Police liaison officer” is a peace officer who, pursuant to an agreement between the school district and a political subdivision or law enforcement agency, is assigned to a school building for all or a portion of the school day to provide law enforcement assistance and support to the building administration and to promote school safety, security, and positive relationships with students.



D. “Crisis team” means a group of persons, which may include teachers and non-teaching school personnel, selected by the building administrator in each school building who have received crisis intervention training and are responsible for becoming actively involved with resolving crises. The building administrator or designee shall serve as the leader of the crisis team.



E. The phrase “remove the student from school grounds” is the act of securing the person of a student with an IEP and escorting that student from the school building or school activity at which the student with an IEP is located.



F. “Emergency” means a situation where immediate intervention is needed to protect a child or other individual from physical injury or to prevent serious property damage.



G. All other terms and phrases used in this policy shall be defined in accordance with applicable state and federal law or ordinary and customary usage.



IV. REMOVAL OF STUDENTS WITH IEPs FROM SCHOOL GROUNDS

A. Removal by Crisis Team

If the behavior of a student with an IEP escalates to the point where the student’s behavior endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team may be summoned. The crisis team may attempt to de-escalate the student’s behavior by means including, but not limited to, those described in the student’s IEP and/or behavior intervention plan. When such measures fail, or when the crisis team determines that the student’s behavior continues to endanger or may endanger the health, safety, or property of the student, other students, staff members, or school property, the crisis team may remove the student from school grounds.



If the student’s behavior cannot be safely managed, school personnel may immediately request assistance from the police liaison officer or a peace officer.



B. Removal by Police Liaison Officer or Peace Officer

If a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team, building administrator, or the building administrator’s designee, may request that the police liaison officer or a peace officer remove the student from school grounds.



If a student with an IEP is restrained or removed from a classroom, school building, or school grounds by a peace officer at the request of a school administrator or school staff person during the school day twice in a 30-day period, the student’s IEP team must meet to determine if the student’s IEP is adequate or if additional evaluation is needed.



Whether or not a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, school district personnel may report a crime committed by a student with an IEP to appropriate authorities. If the school district reports a crime committed by a student with an IEP, school personnel shall transmit copies of the special education and disciplinary records of the student for consideration by appropriate authorities to whom it reports the crime, to the extent that the transmission is permitted by the Family Education Rights and Privacy Act (FERPA), the Minnesota Government Data Practices Act, and school district’s policy, Protection and Privacy of Pupil Records.



The fact that a student with an IEP is covered by special education law does not prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with an IEP.



C. Reasonable Force Permitted

In removing a student with an IEP from school grounds, a building administrator, other crisis team members, or the police liaison officer or other agents of the school district, whether or not members of a crisis team, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another.



In removing a student with an IEP from school grounds, police liaison officers and school district personnel are further prohibited from engaging in the following conduct:

1. Corporal punishment prohibited by Minn. Stat. § 121A.58;

2. Requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;

3. Totally or partially restricting a child’s senses as punishment;

4. Denying or restricting a child’s access to equipment and devices such as walkers, wheel chairs, hearing aids, and communication boards that facilitate the child’s functioning except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;

5. Interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under Minn. Stat. § 626.556;

6. Physical holding (as defined in Minn. Stat. § 125A.0941) that restricts or impairs a child’s ability to breathe, restricts or impairs a child’s ability to communicate distress, places pressure or weight on a child’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child’s torso;

7. Withholding regularly scheduled meals or water; and/or

8. Denying a child access to toilet facilities.



D. Parental Notification

The building administrator or designee shall make reasonable efforts to notify the student’s parent or guardian of the student’s removal from school grounds as soon as possible following the removal.



E. Continued Removals; Review of IEP

Continued and repeated use of the removal process described herein must be reviewed in the development of the individual student’s IEP or IIIP.



F. Effect of Policy in an Emergency; Use of Restrictive Procedures

A student with an IEP may be removed in accordance with this policy regardless of whether the student’s conduct would create an emergency.



If the school district seeks to remove a student with an IEP from school grounds under this policy due to behaviors that constitute an emergency and the student’s IEP, IIIP, or behavior intervention plan authorizes the use of one or more restrictive procedures, the crisis team may employ those restrictive procedures, in addition to any reasonable force that may be necessary, to facilitate the student’s removal from school grounds, as long as the crisis team members who are implementing the restrictive procedures have received the training required by Minn. Stat § 125A.0942, Subd. 5, and otherwise comply with the requirements of § 125A.0942.



Source: Cambridge-Isanti Schools



Legal References:

  • Minn. Stat. § 13.01, et seq. (Minnesota Government Data Practices Act)
  • Minn. Stat. §§ 121A.40-121A.56 (Minnesota Pupil Fair Dismissal Act)
  • Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)
  • Minn. Stat. § 121A.61 (Discipline and Removal of Students from Class)
  • Minn. Stat. § 121A.67, Subd. 2 (Aversive and Deprivation Procedures)
  • Minn. Stat. §§ 125A.094-125A.0942 (Restrictive Procedures for Children with Disabilities)
  • Minn. Stat. § 609.06 (Authorized Use of Force)
  • Minn. Stat. § 609.379 (Permitted Actions)
  • 20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy (FERPA))
  • 20 U.S.C. § 1415(k)(6) (Individuals with Disabilities Education Improvement Act of 2004 (IDEA))
  • 34 C.F.R. § 300.535 (IDEA Regulation Regarding Involvement of Law Enforcement)



Cross References: Policy 506 (Student Discipline)

  • Policy 507 (Corporal Punishment) –
  • Policy 515 (Protection and Privacy of Pupil Records)
  • Policy 525 (Violence Prevention)
  • Policy 806 (Crisis Management Policy)



Reviewed: 3-16-04, 2-24-05, 3-22-07, 5-22-08, 02-19-16

Approved: 4-22-04, 02-24-05, 04-19-07, 05-22-08, 03-24-16

533 - Local Wellness Policy

POLICY #533

LOCAL WELLNESS POLICY

I. PURPOSE

The purpose of this policy is to assure a school environment that promotes and protects students’ health, well-being, and ability to learn by supporting healthy eating and physical activity.

II. GENERAL STATEMENT OF POLICY

Cambridge-Isanti Schools is committed to providing a healthy school environment.

A. The school board recognizes that nutrition education and physical education are essential components of the educational process and that good health fosters student attendance and education.

B. The school environment should promote and protect students’ health, well-being, and ability to learn by encouraging healthy eating and physical activity.

C. The school district encourages the involvement of students, parents, teachers, food service staff, and other interested persons in implementing, monitoring, and reviewing school district nutrition and physical activity policies. A Wellness Committee shall be formed to plan, implement and improve the school district’s nutrition and physical activity in the school environment.

D. Children need access to healthy foods and opportunities to be physically active in order to grow, learn, and thrive.

E. All students in grades Pre K-12 will have opportunities, support, and encouragement to be physically active on a regular basis.

F. Qualified food service personnel will provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students; try to accommodate the religious, ethnic, and cultural diversity of the student body in meal planning; will provide clean, safe, and pleasant settings and adequate time for students to eat.

III. GUIDELINES

A. Foods and Beverages Served/Sold During the School Day

1. All foods and beverages made available on campus (including concessions and a la carte cafeteria items) will be consistent with the current USDA Dietary Guidelines for Americans. 2

2. Food Services personnel will take every measure to ensure that student access to foods and beverages meet or exceed all federal, state, and local laws and guidelines.

3. Food service personnel shall adhere to all federal, state, and local food safety and security guidelines.

4. The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price school meals.

5. The availability of school meals to all students.

6. The school district will provide students access to hand washing or hand sanitizing before they eat meals or snacks.

7. The school district will make every effort to provide students with sufficient time to eat after sitting down for school meals and will schedule meal periods at appropriate times during the school day.

8. The school district will discourage tutoring, club, or organizational meetings or activities during mealtimes, unless students may eat during such activities.

B. School Food Service Program/Personnel

1. The school district will provide healthy and safe school meal programs that strictly comply with all federal, state, and local statutes and regulations.

2. The school district shall designate an appropriate person to be responsible for the school district’s food service program, whose duties shall include the creation of nutrition guidelines and procedures for the selection of foods and beverages made available on campus to ensure food and beverage choices are consistent with current USDA Dietary Guidelines for Americans.

3. As part of the school district’s responsibility to operate a food service program, the school district will provide continuing professional development for all food service personnel in schools. Staff development programs will include appropriate certification and/or training programs for the Director, and Food Services staff, according to their level of responsibility.

C. Nutrition Education and Promotion

1. The school district will encourage and support healthy eating by students and engage in nutrition promotion that is: 3

a. Offered as part of a comprehensive program designed to provide students with the knowledge and skills necessary to promote and protect their health;

b. Part of health education classes as well as classroom instruction;

c. Enjoyable, developmentally appropriate, culturally relevant, and includes participatory activities, such as contests, promotions, taste testing, and field trips.

2. The Director of Food Services or a Registered Dietition (R.D.) will provide nutrition education to the classroom and will be available to review nutrition education information, upon request.

3. Staff Wellness: The Cambridge-Isanti Schools highly values the health and wellbeing of every staff member and will plan and implement activities and policies that support personal efforts by staff to maintain a healthy lifestyle. The school staff should act as role models for good nutrition and physical activity behaviors. The district will establish and maintain a Staff Wellness Committee. The committee will develop, promote and oversee a multifaceted plan to promote staff health and wellness.

4. Farm to School: As part of the Child Nutrition and WIC Reauthorization Act of 2004, Farm to School Programs will connect schools with local farms. The school district, to the extent possible, will buy and feature farm fresh foods, incorporate nutrition education curriculum, and provide students experiential learning opportunities.

D. Physical Activity

1. Students need opportunities for physical activity and to fully embrace regular physical activity as a personal behavior. Toward that end, health education will reinforce the knowledge and self-management skills needed to maintain a healthy lifestyle and reduce sedentary activities such as watching television;

Opportunities for physical activity will be incorporated into other subject lessons, where appropriate; and

Classroom teachers will provide short physical activity breaks between lessons or classes, as appropriate.

2. The school district will encourage all students to make age appropriate, healthy selections of foods and beverages, including those sold individually outside the reimbursable school meal programs, such as through a la carte 4 [snack] lines, vending machines, fundraising events, concession stands, and student stores.

Schools are discouraged from using foods or beverages as rewards for academic performance or good behavior (unless this practice is allowed by a student’s individual education plan or behavior intervention plan) and will not withhold food or beverages as punishment. Teachers shall use physical activity as a reward for academic performance or good behavior, as appropriate.

E. Communications with Parents

The school district recognizes that parents and guardians have a primary and fundamental role in promoting and protecting their children’s health and well-being.

The school district will support parents’ efforts to provide a healthy diet and daily physical activity for their children.

1. The school district encourages parents to pack healthy lunches and snacks and refrain from including beverages and foods without nutritional value.

2. The school district will provide information about physical education and other school-based physical activity opportunities and will support parents’ efforts to provide their children with opportunities to be physically active outside of school.

IV. IMPLEMENTATION AND MONITORING

A. The CDC’s School Health Index may be used to access the nutrition and physical activity needs of students. Assessments will be repeated every three years to help review policy compliance, assess progress, and determine areas in need of improvement.

B. To satisfy the requirements of the Child Nutrition and WIC Reauthorization Act of 2004, the Wellness Committee will monitor and evaluate the school district’s implementation of the Wellness Policy. Once the policy is approved, the Wellness Committee will meet once or twice a year to review and update the policy.

C. After approval by the school board, the wellness policy will be implemented throughout the school district.

D. School food service staff, at the school or district level, will ensure compliance within the school’s food service areas and will report to the food service program administrator, the building principal, or the superintendent’s designee, as appropriate. 5

E. The school district’s food service program administrator will provide an annual report to the superintendent setting forth the nutrition guidelines and procedures for selection of all foods made available on campus.

F. The superintendent or designee will ensure compliance with the wellness policy and will provide an annual report of the school district’s compliance with the policy to the school board.

G. The school district will post this wellness policy on its website, to the extent it maintains a website.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 121A.215 (Local School District Wellness Policy)

     42 U.S.C. § 1751 et seq. (Healthy and Hunger-Free Kids Act)

     42 U.S.C. § 1758b (Local School Wellness Policy)

     42 U.S.C. § 1771 et seq. (Child Nutrition Act of 1966)

     7 U.S.C. § 5341 (Establishment of Dietary Guidelines)

     7 C.F.R. § 210.10 (School Lunch Program Regulations)

     7 C.F.R. § 220.8 (School Breakfast Program Regulations)

Local Resources:

     Minnesota Department of Education, www.education.state.mn.us

     Minnesota Department of Health, www.health.state.mn.us

     County Health Departments

     Action for Healthy Kids Minnesota, www.actionforhealthykids.org

Reviewed: 5-18-06, 11-20-08, 01-21-16

Approved: 06-22-06, 11-20-08, 02-18-16

Additional References and Associations involved:

     American Alliance for Health, Physical Education, Recreation and Dance (AAHPERD)

     American Association of School Administrators (AASA) Council of Chief State School Officers (CCSSO)

     National Association of Elementary School Principals (NAESP) National Association of

     Secondary School Principals (NASSP) National Association of State Boards of Education (NASBE)

     National PTA

     National School Boards Association (NSBA)

     School Nutrition Association (SNA)

     Centers for Disease Control and Prevention (CDC)

     National Food Service Management Institute (NFSMI) – Eating at School Summary

     United States Department of Agriculture (USDA)

     United States Department of Health and Human Services

534 - Service Animals in Schools

POLICY #534

SERVICE ANIMALS IN SCHOOLS

I. PURPOSE

The purpose of this policy is to establish procedures for the use of service animals by students, employees, and visitors within school buildings and on school grounds.

II. GENERAL STATEMENT OF POLICY

Individuals with disabilities shall be permitted to bring their service animals into school buildings or on school grounds in accordance with, and subject to, this policy.

III. DEFINITIONS

A. Service Animal

A "service animal" is a dog (regardless of breed or size) or miniature horse that is individually trained to perform "work or tasks" for the benefit of an individual with a disability, including an individual with a physical, sensory, psychiatric, intellectual, or mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals. Service animals are working animals that perform valuable functions; they are not pets.

B. Handler

A "handler" is an individual with a disability who is accompanied by a service animal or a person with training on the proper use of a service animal who is accompanied by a service animal. For purposes of this policy, the terms "handler" and "individual with a disability" may be used interchangeably.

C. "Work or Tasks"

1. "Work or tasks" are those functions performed by a service animal. The "work or tasks" performed by a service animal must be directly related to the handler's disability.

2. Examples of "work or tasks" include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

3. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship are not "work or tasks" for the purposes of this policy.

IV. ACCESS TO PROGRAMS AND ACTIVITIES; PERMITTED INQUIRIES

A. In general, handlers are permitted to be accompanied by their service animals in all areas of school district properties where members of the public, students, and employees are allowed to go. A handler has the right to be accompanied by a service animal whenever and to the same extent that the handler has the right: (a) to be present on school district property or in school district facilities; (b) to attend or participate in a school sponsored event, activity, or program; or (c) to be transported in a vehicle that is operated by or on behalf of the school district.

B. When an individual with a disability brings a service animal to a school district property, school district employees shall not ask about the nature or extent of a person’s disability, but may make the following two inquiries to determine whether the animal qualifies as a service animal:

1. If the animal is required because of a disability; and

2. What work or tasks the animal has been trained to perform.

C. School district employees shall not make these inquiries of an individual with a disability bringing a service animal to school district property when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability.

D. An individual with a disability may not be required to provide documentation such as proof that the animal has been certified, trained, or licensed as a service animal.

V. MANAGEMENT OF SERVICE ANIMALS

A service animal must be under the control of its handler. A service animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).

VI. CARE OF, AND RESPONSIBILITY FOR, SERVICE ANIMALS; LIABILITY

A. The handler is solely responsible for the care and supervision of the service animal including, but not limited to, feeding, watering, cleaning, and toileting. Issues related to the care and supervision of service animals will be addressed on a case-by-case basis at the discretion of the building administrator.

B. Individuals with disabilities who are assisted by services animals are responsible for providing the supplies and equipment needed by the service animal.

 

C. Owners of service animals are liable for any harm or injury caused by the service animal to other students, staff, visitors and/or property.

VII. REMOVAL OR EXCLUSION OF A SERVICE ANIMAL

A. A school official may require a handler to remove a service animal from school district property, a school building or a school-sponsored program or activity, if:

1. The service animal is out of control and the handler does not take effective action to control it;

2. The service animal is not housebroken;

3. The presence of the animal would fundamentally alter the nature of a service, program or activity; or

4. The handler fails to submit proof of current vaccinations and immunizations of the service animal.

B. If the service animal is properly excluded, the school district shall give the individual with a disability the opportunity to participate in the service, program or activity without the service animal, unless such individual has violated a law or school rule or regulation that would warrant the removal of the individual.

VIII. ADDITIONAL LIMITATIONS FOR MINIATURE HORSES

In assessing whether a miniature horse may be permitted in a school building or on school grounds as a service animal, the following factors shall be considered:

A. The type, size and weight of the miniature horse and whether the facility can accommodate these features;

B. Whether the handler has sufficient control of the miniature horse;

C. Whether the miniature horse is housebroke;

D. Whether the miniature horse’s presence in a specific building or on school grounds compromises legitimate safety requirements that are necessary for safe operation; and

E. Whether the miniature horse’s presence is contrary to any other provision of this policy.

IX. ALLERGIES; FEAR OF ANIMALS

If a student or employee notifies the school district that he or she is allergic to a service animal, the school district will balance the rights of the individuals involved. In general, allergies that are not life threatening are not a valid reason for prohibiting the presence of a service animal. Fear of animals is generally not a valid reason for prohibiting the presence of a service animal.

X. ANIMALS FOR STUDENTS WITH IEPS OR SECTION 504 PLANS

If a special education student or a student with a Section 504 plan seeks to bring an animal onto school property that is not a service animal, the request shall be referred to the student’s IEP Team or Section 504 Team, as appropriate, to determine whether the animal is necessary for the student to receive a free appropriate public education ("FAPE").

XI. SERVICE ANIMALS FOR EMPLOYEES

Use of a service animal by a school district employee who is a qualified individual with a disability will be allowed when such use is necessary to enable the employee to perform the essential functions of his or her position or to enjoy the benefits of employment in a manner comparable to those similarly situated non-disabled employees.

 

Source: Cambridge-Isanti Schools

Legal References:

     28 C.F.R. § 35.104, 28 C.F.R. § 35.130(b)(7) and 28 C.F.R. § 35.136

     Minn. Stat. § 363A.19 (Discrimination Against Blind, Deaf, or Other Persons with Physical or Sensory Disabilities Prohibited)

     Minn. Stat. § 256C.02 (Public Accommodations)

Cross References:

     Policy 402 – Disability Nondiscrimination Policy

     Policy 521 – Student Disability Nondiscrimination

Reviewed: 03-20-14, 10-22-15

Approved: 04-24-14, 11-19-15

600 - Education Programs

The policies in category 600 pertain to the roles and functions education programs of the school district.

601 - School District Curriculum and Instruction Goals

POLICY #601

SCHOOL DISTRICT CURRICULUM AND INSTRUCTION GOALS

I. PURPOSE

The purpose of this policy is to establish broad curriculum parameters for the school district that encompass the Minnesota Graduation Standards and the federal ESSA, Every Student Succeeds Act, are aligned with creating the World’s Best Workforce.

II. GENERAL STATEMENT OF POLICY

The policy of the school district is to establish the “World’s Best Workforce” in which all learning in the school district should be directed and for which all school district learners should be held accountable.

III. DEFINITIONS

A. “Academic standard” means a summary description of student learning in a required content area or elective content area.

B. “Benchmark” means specific knowledge or skill that a student must master to complete part of an academic standard by the end of the grade level or grade band.

C. “Curriculum” means district or school adopted programs and written plans for providing students with learning experiences that lead to expected knowledge, skills, and career and college readiness.

D. “Instruction & Assessments” means methods of providing learning experiences that enable students to meet state and district academic standards and graduation requirements.

E. “Performance measures” are measures to determine school district and school site progress in striving to create

The World’s Best Workforce must include at least the following:

1. student performance on the National Assessment of Educational Progress where applicable;

2. the size of the academic achievement gap and rigorous course taking, including college-level advanced placement, international baccalaureate, postsecondary enrollment options including concurrent enrollment, other statutorily recognized courses of study or industry certification courses or programs and enrichment experiences by student subgroup;

3. student performance on the Minnesota Comprehensive Assessments and national assessments such as ACT Exam;

4. high school graduation rates; and

5. career and college readiness under Minn. Stat. § 120B.30, Subd. 1.

F. “World’s Best Workforce” means striving to: meet school readiness goals; have all third-grade students achieve grade-level literacy; close the academic achievement gap among all racial and ethnic groups of students and between students living in poverty and students not living in poverty; have all students attain career and college readiness before graduating from high school; and have all students graduate from high school.

G. “Experiential learning” means learning for students that includes career exploration through a specific class or course or through work-based experiences such as job shadowing, mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative work experience, youth apprenticeship, or employment at all levels including the Area Learning Center.

IV. LONG-TERM STRATEGIC PLAN

A. The school board, at a public meeting, shall adopt a comprehensive, long-term strategic plan to support and improve teaching and learning that is aligned with creating the World’s Best Workforce and includes the following:

1. clearly defined school district and school site goals and benchmarks for instruction and student achievement for all nine student categories identified under the federal ESSA and two student gender categories of male and female;

2. a process for assessing and evaluating each student’s progress toward meeting state and local academic standards and identifying the strengths and weaknesses of instruction in pursuit of student and school success and curriculum affecting students’ progress and growth toward career and college readiness and leading to the World’s Best Workforce;

3. a system to periodically review and evaluate the effectiveness of all instruction and curriculum, taking into account strategies and best practices, student outcomes, principal evaluations under Minn. Stat. § 123B.147, Subd. 3, and teacher evaluations under Minn. Stat. § 122A.40, Subd. 8, or 122A.41, Subd. 5;

4. strategies for improving instruction, curriculum, and student achievement, including the English and, where practicable, the native language development and the academic achievement of English learners;

5. education effectiveness practices that integrate high-quality instruction, rigorous curriculum, technology, and a collaborative professional culture that develops and supports teacher quality, performance, and effectiveness; and;

6. an annual budget for continuing to implement the school district plan.

B. School district site and school site goals shall include the following:

1. All students will be required to demonstrate essential skills to effectively participate in lifelong learning. *These skills include the following:

[*Note: The criteria for acceptable performance in basic skills areas may need to be modified for students with unique learning needs. These modifications will be reflected in the Individualized Education Program (IEP) or Rehabilitation Act Section 504 Accommodation plan.]

a. reading, writing, speaking, listening, and viewing in the English language;

b. mathematical and scientific concepts;

c. locating, organizing, communicating, and evaluating information and developing methods of inquiry (i.e., problem solving);

d. creative and critical thinking, decision making, and study skills;

e. work readiness skills;

f. global and cultural understanding.

2. Each student will have the opportunity and will be expected to develop and apply essential knowledge that enables that student to:

a. live as a responsible, productive citizen and consumer within local, state, national, and global political, social, and economic systems;

b. bring many perspectives, including historical, to contemporary issues;

c. develop an appreciation and respect for democratic institutions;

d. communicate and relate effectively in languages and with cultures other than the student’s own;

e. practice stewardship of the land, natural resources, and environment;

f. use a variety of tools and technology to gather and use information, enhance learning, solve problems, and increase human productivity.

3. Students will have the opportunity to develop creativity and self-expression through visual and verbal images, music, literature, world languages, movement, and the performing arts.

4. School practices and instruction will be directed toward developing within each student a positive self-image and a sense of personal responsibility for:

a. establishing and achieving personal and career goals;

b. adapting to change;

c. leading a healthy and fulfilling life, both physically and mentally;

d. living a life that will contribute to the well-being of society;

e. becoming a self-directed learner;

f. exercising ethical behavior.

5. Students will be given the opportunity to acquire human relations skills necessary to:

a. appreciate, understand, and accept human diversity and interdependence;

b. address human problems through team effort;

c. resolve conflicts with and among others;

d. function constructively within a family unit;

e. promote a multicultural, gender-fair, transgender, disability-sensitive society.

 

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 120B.018 (Definitions)

     Minn. Stat. § 120B.02 (Educational Expectations for Minnesota Students)

     Minn. Stat. § 120B.11 (School District Process)

     Minn. Stat. § 120B.30, Subd. 1 (Statewide Testing and Reporting System)

     Minn. Stat. § 120B.35, Subd. 3 (Student Academic Achievement and Growth)

     Minn. Stat. § 122A.40, Subd. 8 (Employment; Contracts; Termination) 5

     Minn. Stat. § 122A.41, Subd. 5 (Teacher Tenure Act; Cities of the First Class; Definitions)

     Minn. Stat. § 123B.147, Subd. 3 (Principals)

     20 U.S.C. § 5801, et seq. (National Education Goals 2000)

     20 U.S.C. § 6301, et seq. (No Child Left Behind Act)

Cross References:

     Policy 104 (School District Mission Statement)

     Policy 613 (Graduation Requirements)

     Policy 614 (School District Testing Plan and Procedure)

     Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)

     Policy 616 (School District System Accountability)

     Policy 618 (Assessment of Student Achievement)

Reviewed: 10-18-01, 4-20-06, 7-22-10, 06-23-16

Approved: 11-15-01, 5-18-06, 7-22-10, 07-21-16

601.1 - New Teacher Mentor Program

601.2

601.3 - Student Teaching and Internship

602 - Organization of School Calendar and School Day

603 - Curriculum Development

POLICY #603

CURRICULUM DEVELOPMENT

I. PURPOSE

The purpose of this policy is to provide direction for continuous review and improvement of the school curriculum.

II. GENERAL STATEMENT OF POLICY

Curriculum development shall be directed toward the fulfillment of the goals and objectives of the education program of the school district.

III. RESPONSIBILITY

A. The Director of Teaching and Learning shall be responsible for curriculum development and for determining the most effective way of conducting research on the school district’s curriculum needs and establishing a long range curriculum development program. Timelines shall be determined by the superintendent that will provide for periodic reviews of each curriculum area.

B. A district advisory committee shall provide assistance at the request of the Director of Teaching and Learning. The advisory committee membership shall be a reflection of the community and, to the extent possible, shall reflect the diversity of the district and its school sites, and shall include parent, teacher, support staff, student, community residents, and administration representation.

C. Within the ongoing process of curriculum development, the following needs shall be addressed:

1. Provide for articulation of courses of study from pre-kindergarten through grade twelve.

2. Identify minimum objectives for each course and at each elementary grade level.

3. Provide for continuing evaluation of programs for the purpose of attaining school district objectives.

4. Provide a program for ongoing monitoring of student progress.

5. Provide for specific, particular, and special needs of all members of the student community.

6. Integrate required and elective course standards in the scope and sequence of the district curriculum.

7. Meet all applicable requirements of the Minnesota Department of Education and the Every Student Succeeds Act (ESSA).

D. The superintendent shall be responsible for keeping the school board informed of all state-mandated curriculum changes, as well as recommended discretionary changes, and for periodically presenting recommended modifications for school board review and approval.

E. The superintendent shall have discretionary authority to develop guidelines and directives to implement school board policy relating to curriculum development.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 120B.10 (Findings; Improving Instruction and Curriculum)

     Minn. Stat. § 120B.11 (School District Process)

     Minn. Rules Part 3500.0550 (Inclusive Educational Program)

     Minn. Rules Parts 3501.0640-3501.0655 (Academic Standards for Language Arts)

     Minn. Rules Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)

     Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)

     Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)

     Minn. Rules Parts 3501.1000-3501.1190 (Graduation-Required Assessment for Diploma) (repealed Minn. L. 2013, Ch. 116, Art. 2, § 22)

     Minn. Rules Parts 3501.1200-3501.1210 (Academic Standards for English Language Development)

     Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)

     20 U.S.C. § 6301, et seq. (No Child Left Behind Act)

Cross References:

     Policy 604 (Instructional Curriculum)

     Policy 605 (Alternative Programs)

     Policy 613 (Graduation Requirements)

     Policy 614 (School District Testing Plan and Procedure)

     Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)

     Policy 616 (School District System Accountability)

     Policy 617 (School District Ensurance of Preparatory and High School Standards)

     Policy 618 (Assessment of Student Achievement)

     Policy 619 (Staff Development for Standards)

     Policy 620 (Credit for Learning)

     Policy 623 (Mandatory Summer School Instruction

Reviewed: 10-18-01, 1-20-05, 7-22-10, 06-23-16

Approved: 11-15-01, 1-20-05, 7-22-10, 07-21-16

604 - Instructional Curriculum

605 - Alternative Programs

606 - Textbooks and Instructional Materials

607 - Organization of Grade Levels

608 - Instructional Services - Special Education

609 - Religion

610 - Field Trips

POLICY #610

FIELD TRIPS

I. PURPOSE

The purpose of this policy is to provide guidelines for student trips and to identify the general process to be followed for review and approval of trip requests.

II. GENERAL STATEMENT OF POLICY

The general expectation of the school board is that all student trips will be well planned, conducted in an orderly manner and safe environment, and will relate directly to the objectives of the class or activity for which the trip is requested. Student trips will be categorized within three general areas:

A. Instructional Trips

Trips that take place during the school day, relate directly to a course of study, and require student participation shall fall in this category. These trips shall be subject to review and approval of the building principal and shall be financed by school district funds within the constraints of the school building budget. Fees may not be assessed against students to defray direct costs of instructional trips. (Minn. Stat. § 123B.37, Prohibited Fees)

B. Supplementary Trips

This category pertains to those trips in which students voluntarily participate and which usually take place outside the regular school day. Examples of trips in this category involve student activities, clubs, and other special interest groups. These trips are subject to review and approval of the activities director and/or the building principal. Financial contributions by students may be requested. (Minn. Stat. § 123B.36, Authorized Fees)

C. Extended Trips

1. Trips that involve one or more overnight stops fall into this category. Extended trips may be instructional or supplementary and must be requested well in advance of the planned activity. Approval should be sought early in the planning stages, before public announcements, fund raising efforts, and travel arrangements are made. An extended trip request form must be completed and approved at each level: student, principal, superintendent, and school board. Exceptions to the approval policy may be granted or expedited to accommodate emergencies or contingencies (e.g., tournament competition).

2. The school board acknowledges and supports the efforts of booster clubs and similar organizations in providing extended trip opportunities for students.

III. REGULATIONS

  1. Rules of conduct and discipline for students and employees shall apply to all student trip activity.
  2. The school administration shall be responsible for providing more detailed procedures, including parental involvement, supervision, and such other factors deemed important and in the best interest of students.
  3. Transportation shall be furnished through a commercial carrier or school-owned vehicle.
  4. An employee may use a personal vehicle to transport staff or personal property for purposes of a field trip upon prior, written approval from administration.
  5. An employee must not use a personal vehicle to transport one or more students for purposes of a field trip.

1. If immediate transportation of a student is required due to an emergency or unforeseen circumstance, such as the illness or injury of a child, and the transportation does not constitute regular or scheduled transportation, a personal vehicle may be used. To the extent a personal vehicle is used, the vehicle must be properly registered and insured.

2. An employee must obtain preapproval by administration of student transportation by a personal vehicle, pursuant to Section III.E.1, if practicable. If preapproval by administration of use of a personal vehicle cannot be obtained in a reasonable time given the circumstances, an employee shall report the relevant facts and circumstances justifying the need for use of a personal vehicle to administration as soon as practicable. The relevant facts and circumstances for use of a personal vehicle shall be documented by administration.

IV. SCHOOL BOARD REVIEW

The superintendent shall at least annually report to the school board upon the utilization of trips under this policy.

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 123B.36 (Authorized Fees)

     Minn. Stat. § 123B.37 (Prohibited Fees)

     Minn. Stat. § 123B.49 (Co-curricular and Extracurricular Activities; Insurance)

     Minn. Stat. § 169.011, Subd. 71(a) (Definition of a School Bus)

     Minn. Stat. § 169.454, Subd. 13 (Type III Vehicle Standards – Exemption)

     Sonkowsky v. Board of Educ.for Indep. Sch. Dist. No. 721, 327 F.3d 675 (8th Cir. 2003)

     Lee v. Pine Bluff Sch. Dist., 472 F.3d 1026 (8th Cir. 2007)

Cross References:

     Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

     Policy 423 (Employee – Student Relationships)

     Policy 506 (Student Discipline)

     Policy 707 (Transportation of Public School Students)

     Policy 709 (Student Transportation Safety Policy)

     Policy 710 (Extracurricular Transportation

Reviewed: 11-15-01, 7-17-03, 5-22-08, 05-19-16

Approved: 11-18-74, 2-18-93, 12-20-01, 8-21-03, 5-22-08, 06-23-16

611 - Home Schooling

611.1 - Private and Parochial School Shared Services

612.1 - Development of Parental Involvement Policies for Title I Programs

POLICY #612.1

DEVELOPMENT OF PARENTAL INVOLVEMENT POLICIES

FOR TITLE I PROGRAMS

I. PURPOSE

The purpose of this policy is to encourage and facilitate involvement by parents of students participating in Title I in the educational programs and experiences of students. The policy shall provide the framework for organized, systematic, ongoing, informed and timely parental involvement in relation to decisions about the Title I services within the school district. The involvement of parents by the school district shall be directed toward both, public or private school children whose parents are school district residents or whose children attend school within the boundaries of the school district.

II. GENERAL STATEMENT OF POLICY

A. It is the policy of the school district to plan and implement, with meaningful consultation with parents of participating children, programs, activities and procedures for the involvement of those parents in its Title I programs.

B. It is the policy of the school district to fully comply with 20 U.S.C. § 6318 which requires the school district to develop jointly with, agree upon with, and distribute to parents of children participating in Title I programs written parental involvement policies.

III. DEVELOPMENT OF DISTRICT LEVEL POLICY

The school board will direct the administration to develop jointly with, agree upon with, and distribute to, parents of participating children a written parental involvement policy that will be incorporated into the school district’s Title I plan. The policy will establish the expectations for parental involvement and describe how the school district will:

A. Involve parents in the joint development of the school district’s Title I plan and the process of school review and improvement;

B. Provide the coordination, technical assistance, and other support necessary to assist schools in planning and implementing effective parental involvement activities to improve student academic achievement and school performance;

C. Build the schools’ and parents’ capacity for strong parental involvement;

D. Coordinate and integrate parental involvement strategies with similar strategies under other programs, such as Head Start, Early Reading First, Even Start, the Parents as Teachers Program, the Home Instruction Program for Preschool Youngsters, and state-administered preschool programs;

E. Conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served, including identifying barriers to greater participation by parents, and, particularly, with parents who are economically disadvantaged, disabled, have limited literacy or English proficiency, or who are of a racial or ethnic minority;

F. Use the findings of such evaluations to design strategies for more effective parental involvement and to revise, if necessary, the district-level and school-level parental involvement policies; and

G. Involve parents in the activities of the schools.

IV. DEVELOPMENT OF SCHOOL LEVEL POLICY

The school board will direct the administration of each school to develop (or amend an existing parental involvement policy) jointly with, and distribute to, parents of participating children a written parental involvement policy, agreed upon by such parents, that shall describe the means for carrying out the federal requirements of parental involvement.

A. The policy will describe the means by which each school with a Title I program will:

1. Convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, to inform parents of their school’s participation in Title I programs, and to explain to parents of participating children the program, its requirements, and their right to be involved;

2. Offer a flexible number of meetings, transportation, child care, or home visits, as such services relate to parental involvement;

3. Involve parents in an organized, ongoing, and timely way, in the planning, review, and improvement of the parental involvement programs, including the school parental involvement policy and the joint development of the school-wide program plan, unless the school already has a program for involving parents in the planning and design of its programs that would adequately involve parents of participating children;

4. Provide parents of participating children with: timely information about Title I programs; if requested by parents, opportunities for regular meetings to formulate suggestions, share experiences with other parents and to participate, as appropriate, in decisions relating to their child’s education; and to respond to any such suggestions as soon as practicably possible; and

5. If the school-wide program plan is not satisfactory to the parents of participating children, submit any parent’s comments on the plan when it is submitted to the school district.

B. As a component of this policy, each school shall jointly develop with parents a school/parent compact which outlines how parents, staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the state’s high standards. The compact shall:

1. Describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables participating students to meet state student academic achievement standards;

2. Describe the ways each parent will be responsible for supporting his or her child’s learning by monitoring school attendance and homework completion, monitoring television watching, volunteering in his or her child’s classroom, and participating, as appropriate, in decisions relating to his or her child’s education and use of extracurricular time.

3. Address the importance of communication between teachers and parents on an on-going basis through the use of:

a. Annual parent-teacher conferences to discuss the compact and the child’s achievement;

b. Frequent progress reports to the parents; and

c. Reasonable access to staff, opportunities to volunteer, participate in the child’s class, and observe in the child’s classroom.

C. To ensure effective involvement of parents and to support a partnership among the school, parents, and community to improve student academic achievement, the policy will describe how each school and the school district will:

1. Provide assistance to participating parents in understanding such topics as the state’s academic content standards and state academic achievement standards, state and local academic assessments, Title I requirements, and how to monitor a child’s progress and work with educators to improve the achievement of their children;

2. Provide materials and training to assist parents in working with their children to improve their children’s achievement, including coordinating necessary literacy training and using technology, as appropriate, to foster parental involvement;

3. Educate school staff, with the assistance of parents, in the value and utility of contributions of parents and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and school;

4. Coordinate and integrate parental involvement programs and activities with Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, public preschool programs, and other programs, to the extent feasible and appropriate;

5. Ensure, to the extent practicable, that information about school and parent meetings, programs, and activities is sent home in a format and in a language the parents can understand; and

6. Provide such other reasonable support for parental involvement activities as requested by parents.

D. The policy will also describe the process to be taken if the school district and school choose to:

1. Involve parents in the development of training for school staff to improve the effectiveness of such training;

2. Provide necessary literacy training with funds received under Title I programs if all other funding has been exhausted;

3. Pay reasonable and necessary expenses associated with parental involvement activities, including transportation and child care costs, to enable parents to participate in meetings and training sessions;

4. Train and support parents to enhance the involvement of other parents;

5. Arrange meetings at a variety of times or have in-home conferences between teachers or other educators, who work directly with participating children, and parents who are unable to attend such conferences at school in order to maximize parental opportunities for involvement and participation in school-related activities;

6. Adopt and implement model approaches to improving parental involvement;

7. Develop appropriate roles for community-based organizations and business in parental involvement activities; and

8. Establish a district-wide parent advisory council to provide advice on all 5matters related to parental involvement in Title I programs.

E. To carry out the requirements of parental involvement, the school district and schools will provide full opportunities for the participation of parents with limited English proficiency or with disabilities, including providing information and school profiles in a language and form that is understandable by the parents.

F. The school district and each school shall assist parents and parent organizations by informing such parents and parent organizations of the existence and purpose of such centers.

The policies will be updated periodically to meet the changing needs of parents and the school.

Source: Cambridge-Isanti Schools

Legal References: 20 U.S.C. § 6318 (Parental Involvement)

Reviewed: 5-23-02, 2-19-04, 3-17-05, 4-20-06, 06-23-16

Approved: 6-20-02, 2-19-04, 4-28-05, 5-18-06, 07-21-16

613 - Graduation Requirements

614 - School District Testing Plan and Procedure

615 - Basic Standards Testing, Accommodations, Modifications, and Exemptions for IEP, Section 504 Accommodations and LEP Students

616 - School District System Accountability

617 - School District Ensurance of Preparatory and High School Standards

618 - Assessment of Standard Achievement

619 - Staff Development for Standards

620 - Credit for Learning

621 - Record Keeping/Reporting/Advising of Student Achievement

623 - Mandatory Summer School Instruction

624 - Online Learning Options

POLICY #624

ONLINE LEARNING OPTIONS

I. PURPOSE

The purpose of this policy is to recognize and govern online learning options of students enrolled in the school district for purposes of compulsory attendance and address enrollment of students with an online learning provider for supplemental or full-time online learning.

II. GENERAL STATEMENT OF POLICY

A. The school district shall not prohibit an enrolled student from applying to enroll in online learning.

B. The school district shall grant academic credit for completing the requirements of an online learning course or program.

C. The school district shall allow an online learning student to have the same access to the computer hardware and education software available in the school district as all other students in the school district. An online learning provider must assist an online learning student whose family qualifies for education tax credit to acquire computer hardware and educational software for online learning purposes.

D. The school district shall continue to provide non-academic services to online learning students.

E. Online learning students may participate in the extracurricular activities of the school district on the same basis as other enrolled students.

F. To the extent the school district provides to resident students curriculum that has both physical and electronic components, the school district must make the electronic component accessible to a resident student in a home school at the request of the home-schooled student or student’s parent or guardian, provided that the school district does not incur more than an incidental cost as a result of providing access electronically. See Minn. Stat. § 123B.42.]

III. DEFINITIONS

A. "Blended learning" is a form of digital learning that occurs when a student learns part time in a supervised physical setting and part time through digital delivery of instruction, or a student learns in a supervised physical setting where technology is used as a primary method to deliver instruction.

B. "Digital learning" is learning facilitated by technology that offers students an element of control over the time, place, path, or pace of their learning and includes blended and online learning.

C. "Enrolling district" means the school district or charter school in which a student is enrolled under Minn. Stat. § 120A.22, Subd. 4, for purposes of compulsory education.

D. "Full-time online learning provider" means an enrolling school authorized by the Minnesota Department of Education (MDE) to deliver comprehensive public education at any or all of the elementary, middle, or high school levels.

E. "Online learning course syllabus" is a written document that an online learning provider transmits to the enrolling school district using a format prescribed by the Commissioner of MDE (Commissioner) to identify the state academic standards embedded in an online learning course, the course content outline, required course assessments, expectations for actual teacher contact time, and other student-to-teacher communications, and the academic support available to the online learning student.

F. "Online learning" is a form of digital learning delivered by an approved online learning provider under Paragraph III.H.

G. "Online learning student" is a student enrolled in an online learning course or program delivered by an authorized online learning provider.

H. "Online learning provider" is a school district, an intermediate school district, or an organization of two or more school districts operating under a joint powers agreement, or a charter school located in Minnesota that provides online learning to students and is approved by MDE to provide online learning courses.

I. "Student" is a Minnesota resident enrolled in a public school, a nonpublic school, church or religious organization, or home school in which a child is provided instruction in compliance with Minn. Stat. §§ 120A.22 and 120A.24.

J. "Supplemental online learning" means an online learning course taken in place of a course period at a local district school.

IV. PROCEDURES

A. Dissemination and Receipt of Information

1. The school district shall make available information about online learning to all interested people. The school district may utilize the list of approved online learning providers and online learning courses and programs developed, published, and maintained by MDE.

2. The school district will receive and maintain information provided to it by online learning providers. 

3. The online learning provider must report or make available information on an individual student’s progress and accumulated credit to the student, the student’s parent, and the enrolling district in a manner specified by the Commissioner unless the enrolling district and the online learning provider agree to a different form of notice and notify the Commissioner.

4. The enrolling district must designate a contact person to help facilitate and monitor the student’s academic progress and accumulated credits toward graduation.

B. Student Enrollment

1. A student may apply for full-time enrollment in an approved online learning program. The student must have the written consent of a parent or guardian to do so if the student is under eighteen (18) years of age.

2. The student and the student’s parents must submit an application to the online learning provider and identify the student’s reason for enrolling. An online learning provider that accepts a student under this section must notify the student and the enrolling district in writing within ten days if the enrolling district is not the online learning provider. The student and the student’s parent must notify the online learning provider of the student’s intent to enroll in online learning within ten days of being accepted, at which time the student and the student’s parent must sign a statement indicating that they have reviewed the online course or program and understand the expectations of enrolling in online learning. The online learning provider must use a form provided by MDE to notify the enrolling district of the student’s application to enroll in online learning.

3. The supplemental online learning notice to the enrolling district when a student applies to the online learning provider will include the courses or program, credits to be awarded, and the start date of the online learning course or program. An online learning provider must make available the supplemental online learning course syllabus to the enrolling district. Within 15 days after the online learning provider makes information in this paragraph available to the enrolling district, the enrolling district must notify the online learning provider whether the student, the student’s parent, and the enrolling district agree or disagree that the course meets the enrolling district’s graduation requirements. A student may enroll in a supplemental online learning course up to the midpoint of the school district’s term. The school district may waive this requirement for special circumstances with the agreement of the online learning provider

4. An online learning course or program that meets or exceeds a graduation standard or the grade progression requirement of the enrolling district as described in the provider’s online learning course syllabus meets the corresponding graduation requirements applicable to the student in the enrolling district. If the enrolling district does not agree that the course or program meets its graduation requirements, then the enrolling district must make available an explanation of its decision to the student, the student’s parent, and the online learning provider; and the online learning provider may make available a response to the enrolling district, showing how the course or program meets the graduation requirements of the enrolling district.

5. An online learning student may enroll in supplemental online learning courses equal to a maximum of 50 percent of the student’s full schedule of courses per term during a single school year, and the student may exceed the supplemental online learning registration limit if the enrolling district permits for supplemental online learning enrollment above the limit or if the enrolling district and the online learning provider agree to the instructional services. To enroll in more than 50 percent of the student’s full schedule or courses per term in online learning, the student must qualify to exceed the supplemental online learning registration limit or apply to enroll in an approved full-time online learning program consistent with Paragraph IV.B.2 above. Full-time online learning students may enroll in classes at a local school under a contract for instructional services between the online learning provider and the school district.

6. An online learning student may complete course work at a grade level that is different from the student’s current grade level.

7. An online learning student may enroll in additional courses with the online learning provider under a separate agreement that includes terms for paying any tuition or course fees.

C. Classroom Membership and Teacher Contact Time

1. The enrolling district may reduce an online learning student’s regular classroom instructional membership in proportion to the student’s membership in online learning courses.

2. The school district may reduce the course schedule of an online learning student in proportion to the number of online learning courses the student takes from an online learning provider other than the school district.

3. A teacher with a Minnesota license must assemble and deliver instruction to enrolled students receiving online learning from an enrolling district. The delivery of instruction occurs when the student interacts with the computer or the teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum developed by persons other than a teacher holding a Minnesota license. 

4. The online learning provider, other than a digital learning provider offering digital learning to its enrolled students only under Minn. Stat. § 124D.095, Subd. 4(d), must give the Commissioner written assurance that all courses meet state academic standards and the online learning curriculum, instruction, and assessment expectations for actual teacher contact time or other student-teacher communications and academic support meet nationally recognized standards and are described as such in an online learning course syllabus that meets the Commissioner’s requirements.

D. Academic Credit; Graduation Standards or Requirements

1. The school district shall apply the same graduation requirements to all students, including online learning students.

2. The school district shall use the same criteria for accepting online learning credits or courses as it does for accepting credits or courses for nonresident transfer students under Minnesota law.

3. The school district may challenge the validity of a course offered by an online learning provider. Such a challenge will be filed with MDE.

4. The school district shall count secondary credits granted to an online learning student toward its graduation and credit requirements.

5. If a student completes an online learning course or program that meets or exceeds a graduation standard or grade progression requirement at the school district, that standard or requirement will be met.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 120A.22 (Compulsory Instruction)
  • Minn. Stat. § 120A.24 (Reporting)
  • Minn. Stat. § 123B.42, Subd. 1 (Curriculum; Electronic Components)
  • Minn. Stat. § 124D.03 (Enrollment Options Program)
  • Minn. Stat. § 124D.09 (Post-Secondary Enrollment Options Act)
  • Minn. Stat. § 124D.095 (Online Learning Option Act)

Cross References:

  • Policy 509 (Enrollment of Nonresident Students)
  • Policy 605 (Alternative Programs)
  • Policy 608 (Instructional Services – Special Education)
  • Policy 613 (Graduation Requirements)
  • Policy 620 (Credit for Learning)

Reviewed: 4-20-06, 3-22-07, 6-19-08, 12-03-15

Approved: 5-18-06, 4-19-07, 7-24-08, 01-21-16

625 - Volunteer Policy

Policy #625

VOLUNTEER POLICY

I. PURPOSE

The purpose of this policy is to ensure a vital volunteer program at Cambridge-Isanti Schools and to clarify the role of volunteers in our school district.

II. GENERAL STATEMENT OF POLICY

  1. The School Board recognizes and supports the important role that parents, guardians, and community members have in education.
  2. The Board recognizes the importance of adults and parents being involved with the education of our children during the school day and recognizes the many valuable contributions they can make.
  3. The Board recognizes the importance of adult involvement in school and district committees.
  4. The Board endorses a Volunteer Program at Cambridge-Isanti Schools and welcomes and encourages parent and community involvement.
  5. The District will have a systematic process for recruiting volunteers, and for filling requested volunteer needs.
  6. Volunteers will undergo a background check.

III. SCHOOL VOLUNTEERS

  1. The general purpose of school volunteers is to supplement, enrich, and enhance the student’s educational experiences and their curriculum and to strengthen community-school relations.
  2. Volunteers must adhere to all District policies and procedures.
  3. Volunteer involvement is an at-will relationship. The Cambridge-Isanti School District or the volunteer can end the relationship at any time.
  4. Suitable regulations and safeguards will be in place to ensure the safety for both volunteers, staff, and students.
  5. Volunteers may not be used to fill a paid position in the District.
  6. Cambridge-Isanti Schools staff may not volunteer in a role that they normally would be paid for by the District.

IV. COMMUNITY RESOURCES

  1. The board encourages the enrichment of curriculum and the widening of educational horizons by inviting persons from outside the school with special knowledge, talents or an interesting vocation to address students.
  2. When community resource speakers are scheduled, it will be done in a manner that fits within the curriculum.
  3. A presentation by a community resource speaker must be approved in writing by the building administrator before the presentation occurs.

Source:                       Cambridge-Isanti Schools

Cross Reference:       404P Volunteer Background Check Procedure

Reviewed:                   04-24-03, 12-15-16

Approved:                   11-18-74, 05-22-03, 01-19-17

700 - Non-instructional Operations and Business Services

The policies in category 700 pertain to the roles and functions non-instructional operations and business services.

701 - Establishment and Adoption of School District Budget

POLICY #701

ESTABLISHMENT AND ADOPTION OF SCHOOL DISTRICT BUDGET

I. PURPOSE

The purpose of this policy is to establish lines of authority and procedures for the establishment of the school district's revenue and expenditure budgets.

II. GENERAL STATEMENT OF POLICY

The policy of the school district is to establish its revenue and expenditure budgets in accordance with the applicable provisions of law. Budget planning is an integral part of program planning so that the annual budget will effectively express and implement school board goals and the priorities of the school district.

III. REQUIREMENT

A. The superintendent or such other school official as designated by the superintendent or the school board shall each year prepare preliminary revenue and expenditure budgets for review by the school board or its designated committee or committees. The preliminary budgets shall be accompanied by such written commentary as may be necessary for them to be clearly understood by the members of the school board and the public. The school board shall review the projected revenues and expenditures for the school district for the next fiscal year and make such adjustments in the expenditure budget as necessary to carry out the education program within the revenues projected.

B. The school district must maintain separate accounts to identify revenues and expenditures for each building. Expenditures shall be reported in compliance with Minn. Stat. § 123B.76.

C. Prior to July 1 of each year, the school board shall approve and adopt its initial revenue and expenditure budgets for the next school year. The adopted expenditure budget document shall be considered the school board's expenditure authorization for that school year. No funds may be expended for any purpose in any school year prior to the adoption of the budget document which authorizes that expenditure for that year, or prior to the adoption of an amendment to that budget document by the school board to authorize that expenditure for that year.

D. Each year, the school district shall publish its adopted revenue and expenditure budgets for the current year, the actual revenues, expenditures, and fund balances for the prior year, and the projected fund balances for the current year in the form prescribed by the Commissioner within one week of the acceptance of the final audit by the school board, or November 30, whichever is earlier. A statement shall be included in the publication that the complete budget in detail may be inspected by any resident of the school district upon request to the superintendent. A

summary of this information and the address of the school district’s official website where the information can be found must be published in a newspaper of general circulation in the school district. At the same time as this publication, the school district shall publish the other information required by Minn. Stat. § 123B.10.

E. At the public hearing on the adoption of the school district's proposed property tax levy, the school board shall review its current budget and the proposed property taxes payable in the following calendar year.

F. The school district must also post the materials specified in Paragraph III.D. above on the school district’s official website, including a link to the school district’s school report card on the Minnesota Department of Education’s website, and publish a summary of information and the address of the school district’s website where the information can be found in a qualified newspaper of general circulation in the district.

IV. IMPLEMENTATION

A. The school board places the responsibility for administering the adopted budget with the superintendent. The superintendent may delegate duties related thereto to other school officials, but maintains the ultimate responsibility for this function.

B. The program-oriented budgeting system will be supported by a program-oriented accounting structure organized and operated on a fund basis as provided for in Minnesota statutes through the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts (UFARS).

C. The superintendent or the superintendent's designee is authorized to make payments of claims or salaries authorized by the adopted or amended budget prior to school board approval.

D. Supplies and capital equipment can be ordered prior to budget adoption only by authority of the school board. If additional personnel are provided in the proposed budget, actual hiring may not occur until the budget is adopted unless otherwise approved by the school board. Other funds to be expended in a subsequent school year may not be encumbered prior to budget adoption unless specifically approved by the school board.

E. The school district shall make such reports to the Commissioner as required relating to initial allocations of revenue, reallocations of revenue, and expenditures of funds.

 

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. § 123B.10 (Publication of Financial Information)

     Minn. Stat. § 123B.76 (Expenditures; Reporting)

     Minn. Stat. § 123B.77 (Accounting, Budgeting and Reporting Requirements)

     Minn. Stat. § 126C.23 (Allocation of General Education Revenue)

Cross References:

     Policy 701.1 (Modification of School District Budget)

     Policy 702 (Accounting)

     MSBA Service Manual, Chapter 7, Education Funding

Reviewed: 10-18-01, 2-19-04, 2-24-05, 3-22-07, 6-19-08, 10-22-15

Approved: 11-15-01, 2-19-04, 3-17-05, 4-19-07, 7-24-08, 11-19-15

701.1 - Modification of School District Budget

POLICY #701.1

MODIFICATION OF SCHOOL DISTRICT BUDGET



I. PURPOSE

The purpose of this policy is to establish procedures for the modification of the school district's adopted revenue and expenditure budgets.

701.2 - Purchasing

POLICY #701.2

PURCHASING

I. PURPOSE

The purpose of this policy is to provide clear guidance on purchasing and procurement of necessary supplies, equipment and services. .

II. GENERAL STATEMENT OF POLICY

District purchases must be made in accordance with State and Federal laws for a public purpose, directly related to the mission of Cambridge-Isanti Schools, and within the framework of the School Board adopted budgets. The Superintendent and Director of Finance and Operations are authorized to contract for goods and services contained within the Board approved budget and in accordance with State and Federal law. Specific board authorization is necessary for transactions which meet bid law criteria.

III. PURCHASING PROCESS

Purchases will be made with a Purchase Order or district-issued Procurement Card (or PCard). Since the District is tax-exempt, these purchases are made using the District’s tax identification number or tax exempt status. If either of these options are not available and an employee has been authorized by their Building or Program Administrator to make a purchase using their own personal funds, the employee may submit for reimbursement for these purchases.

  • Purchase Orders must be approved by Building or Program Administrator and the Director of Finance and Operations or Finance Manager. See the Purchase Order Procedures for additional information.
    • Purchases of items of $25,000 or more must have appropriate documentation regarding bid or quote requirements.
  • If the vendor accepts MasterCard, the PCard is recommended to be used. See the Procurement Card Procedures for additional information.
    • PCard purchases should be primarily limited to purchases of less than $3,000. Purchases over that amount may be made only with documented prior approval by Building or Program Administrator or the Director of Finance and Operations.
    • Purchases of items of $25,000 or more must have appropriate documentation regarding bid or quote requirements.
  • Reimbursements can be made to employees who have been authorized to purchase items for the district using their own personal funds. See the Expense Reimbursement Procedures and Expense Reimbursement Form for additional information.
    • Items purchased are reimbursable at actual costs. Sales tax paid by an employee will only be reimbursed if the tax would have been imposed had the purchase been made by the School District directly.

 

Source: Cambridge-Isanti Schools

Legal References:

     Minn. Stat. 123B.52 (Contracts)

     Minn. Stat. 471.345 (Uniform Municipal Contracting Law)

Cross References: Policy #412 Expense Reimbursement

Reviewed: 11-21-02, 06-23-16

Approved: 4-22-74, 12-19-02, 07-21-16

701.2P - Purchasing Cell Phone

701.2P - Purchasing PCard

701.2P - Purchasing Purchase Order

702 - Accounting

POLICY #702

ACCOUNTING



I. PURPOSE

The purpose of this policy is to adopt the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts provided for in guidelines adopted by the Minnesota Department of Education.

703 - Annual Audit

POLICY #703

ANNUAL AUDIT



I. PURPOSE

The purpose of this policy is to provide for an annual audit of the books and records of the school district in order to comply with law, to provide a permanent record of the financial position of the school district, and to provide guidance to the school district to correct any errors and discrepancies in its practices.

704 - Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System

POLICY #704

DEVELOPMENT AND MAINTENANCE OF AN INVENTORY OF FIXED ASSETS AND A FIXED ASSET ACCOUNTING SYSTEM



I. PURPOSE

The purpose of this policy is to provide for the development and maintenance of an inventory of the fixed assets of the school district and the establishment and maintenance of a fixed asset accounting system.

705 - Investment of School Funds

POLICY #705

INVESTMENT OF SCHOOL FUNDS



I. PURPOSE

The purpose of this policy is to establish guidelines for the investment of school district funds.

706 - Acceptance of Gifts

POLICY #706

ACCEPTANCE OF GIFTS



I. PURPOSE

The purpose of this policy is to provide guidelines for the acceptance of gifts by the school board.

707 - Transportation of Public School Students

POLICY #707

TRANSPORTATION OF PUBLIC SCHOOL STUDENTS



I. PURPOSE

The purpose of this policy is to provide for educational related transportation of students consistent with the requirements of law.

708 - Transportation of Non-Public School Students

 

          POLICY #708

TRANSPORTATION OF NONPUBLIC SCHOOL STUDENTS

I.         PURPOSE

The purpose of this policy is to address transportation rights of nonpublic school students and to provide equality of treatment in transporting such students pursuant to law.

II.        GENERAL STATEMENT OF POLICY

The policy of the school district is to recognize the rights of nonpublic school students and to provide equal transportation to those students as required by law.

III.      ELIGIBILITY

A.        The school district shall provide equal transportation within the school district for all students to any school when transportation is deemed necessary by the school district because of distance or traffic conditions in like manner and form as provided in Minn. Stat. § 123B.88 and § 123B.92 when applicable.  (Minn. Stat. § 123B.86, Subd. 1)

B.        Upon the request of a parent or guardian, the school district shall provide school bus transportation to the school district boundary for students residing in the school district at least the same distance from a nonpublic school actually attended in another school district as public school students are transported in the transporting school district.  Such transportation shall be provided whether there is or is not another nonpublic school within the transporting school district, if the transportation is to schools maintaining grades or departments not maintained in the school district or if the attendance of such students at school can more safely, economically, or conveniently be provided for by such means.  (Minn. Stat. § 123B.86, Subd. 2(a))

C.        The school district may provide school bus transportation to a nonpublic school in another school district for students residing in the school district and attending that school, whether there is or is not another nonpublic school within the transporting school district, if the transportation is to schools maintaining grades or departments not maintained in the school district or if the attendance of such students at school can more safely, economically, or conveniently be provided for by such means.  If the school district transports students to a nonpublic school located in another school district, the nonpublic school shall pay the cost of such transportation provided outside the school district boundaries.  (Minn. Stat. § 123B.86, Subd. 2(b))

D.        The school district shall provide the necessary transportation within school district boundaries between the nonpublic school and a public school or neutral site for nonpublic school students who are provided pupil support services if the school district elects to provide pupil support services at a site other than a nonpublic school.  (Minn. Stat. § 123B.44, Subd. 1)

E.         When transportation is provided, the scheduling of routes, manner and method of transportation, control and discipline of students, and any other matter relating thereto shall be within the sole discretion, control, and management of the school district.  (Minn. Stat. § 123B.86, Subd. 3; Minn. Stat. § 123B.91, Subd. 1a)

F.         Additional transportation to and from a nonpublic school may be provided at the expense of the school district where such services are provided in the discretion of the school district.

IV.       SPECIAL EDUCATION/DISABLED STUDENTS

A.        If a resident student with a disability attends a nonpublic school located within the school district, the school district shall provide necessary transportation for the student within the school district between the nonpublic school and the educational facility where special instruction and services are provided on a shared-time basis.  If a resident student with a disability attends a nonpublic school located in another school district and if no agreement exists for the provision of special instruction and services on a shared time basis to that student by the school district of attendance and where the special instruction and services are provided within the school district, the school district shall provide necessary transportation for that student between the school district boundary and the educational facility.  The school district may provide necessary transportation for that student between its boundary and the nonpublic school attended, but the nonpublic school shall pay the cost of transportation provided outside the school district.  School districts may make agreements for who provides transportation.  Parties serving students on a shared time basis have access to a due process hearing system as provided by law. (Minn. Stat. § 125A.18)

B.        Disabled students whose handicapped conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route and/or when the student is transported on a special route for the purpose of attending an approved special education program shall be entitled to special transportation at the expense of the school district or the day training and habilitation program attended by the student.  The school district shall determine the type of vehicle used to transport disabled students on the basis of the handicapping condition and applicable laws.  This section shall not be applicable to parents who transport their own child under a contract with the school district.  (Minn. Stat. § 123B.88, Subd. 19; Minn. Rules Part 7470.1600, Subd. 1)

C.        Each driver and aide assigned to a vehicle transporting students with a disability will be provided with appropriate training for the students in their care, will assist students with their safe ingress and egress from the bus, will ensure the proper use of protective safety devices, and will be provided with access to emergency health care information as required by law.  (Minn. Rules Part 7470.1700)

D.        Any parent of a disabled student who believes that the transportation services provided for that child are not in compliance with the applicable law may utilize the alternative dispute resolution and due process procedures provided for in Minn. Stat. Ch. 125A.  (Minn. Rules Part 7470.1600, Subd. 2)

V.        APPLICATION OF GENERAL POLICY

The provisions of the school district’s policy on transportation of public school students [Policy 707] shall apply to the transportation of nonpublic school students except as specifically provided herein.

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 123B.44 (Provision of Pupil Support Services)

    Minn. Stat. § 123B.84 (Policy)

    Minn. Stat. § 123B.86 (Equal Treatment)

    Minn. Stat. § 123B.88 (Independent School Districts, Transportation)

    Minn. Stat. § 123B.91, Subd. 1a (Compliance by Nonpublic and Charter School Students)

    Minn. Stat. § 123B.92 (Transportation Aid Entitlement)

    Minn. Stat. Ch. 125A (Children With a Disability)

    Minn. Stat. § 125A.18 (Special Instruction; Nonpublic Schools)

    Minn. Rules Part 7470.1600 (Transporting Pupils with Disability)

    Minn. Rules Part 7470.1700 (Drivers and Aides for Pupils with

            Disabilities)

Americans United, Inc. as Protestants and Other Am. United for Separation of Church and State, et al. v. Independent Sch. Dist. No. 622, et al., 288 Minn. 1996, 179 N.W.2d 146 (Minn. 1970)

Eldredge v. Independent Sch. Dist. No. 625, 422 N.W.2d 319 (Minn. Ct. App. 1988) Healy v. Independent Sch. Dist. No. 625, 962 F.2d 1304 (8th Cir. 1992)

Minn. Op. Atty. Gen. 166a-7 (June 3, 1983)

Minn. Op. Atty. Gen. 166a-7 (Sept. 14, 1981)

Minn. Op. Atty. Gen. 166a-7 (July 15, 1976)

Minn. Op. Atty. Gen. 166a-7 (July 17, 1970)

Minn. Op. Atty. Gen. 166a-7 (Oct. 3, 1969)

Minn. Op. Atty. Gen. 166a-7 (Sept. 12, 1969)

Cross References:      Policy 707 (Transportation of Public School Students)

    Policy 709 (Student Transportation Safety Policy)

    MSBA Service Manual, Chapter 2, Transportation

Reviewed:                  8-23-01, 7-17-03, 5-20-04, 2-22-07, 6-19-08, 10-22-09, 04-20-17

Approved:                 9-20-01, 8-21-03, 6-29-04, 2-22-07, 7-24-08, 11-19-09, 05-18-17

709 - Student Transportation Safety Policy

POLICY #709

STUDENT TRANSPORTATION SAFETY POLICY



I. PURPOSE

The purpose of this policy is to provide safe transportation for students and to educate students on safety issues and the responsibilities of school bus ridership.

709R - Student Transportation Safety Policy Student Conduct - Bus Referral Procedures

POLICY #709-R

STUDENT TRANSPORTATION SAFETY POLICY STUDENT CONDUCT - BUS REFERRAL PROCEDURES



The creation of a positive, safe atmosphere on the bus is an important part of each bus driver’s responsibility. Maintaining this atmosphere will require the driver to take action in building relationships with students and to intervene if behavior standards are not met.

710 - Extracurricular Transportation

POLICY #710

EXTRACURRICULAR TRANSPORTATION

I.  PURPOSE

The purpose of this policy is to make clear to students, parents and staff the school district's policy regarding extracurricular transportation.

711 - Video Recording on School Buses

POLICY #711

VIDEO RECORDING ON SCHOOL BUSES



I. PURPOSE

The transportation of students to and from school is an important function of the school district, and transportation by the school district is a privilege and not a right for an eligible student. The behavior of students and employees on the bus is a significant factor in the safety and efficiency of school bus transportation. Student and employee misbehavior increases the potential risks of injury. Therefore, the school district believes that video recording student passengers and employees on the school bus will encourage good behavior and, as a result, promote safety. The purpose of this policy is to establish a school bus video recording system.

712 - Video Surveillance Other Than on Buses

POLICY #712

VIDEO SURVEILLANCE OTHER THAN ON BUSES

[See Policy 711 for Video Recording on School Buses]



I. PURPOSE

Maintaining the health, welfare, and safety of students, staff, and visitors while on school district property and the protection of school district property are important functions of the school district. The behavior of individuals who come on to school property is a significant factor in maintaining order and discipline and protecting students, staff, visitors, and school district property. The school board recognizes the value of video/electronic surveillance systems in monitoring activity on school property in furtherance of protecting the health, welfare, and safety of students, staff, visitors, and school district property.

713 - Student Activity Accounting

POLICY #713

STUDENT ACTIVITY ACCOUNTING

I. PURPOSE

The school board recognizes the need to provide alternative paths to learning, skill development for its students, and activities for student enjoyment. It also understands its commitment to and obligation for assuring maximum accountability for public funds and student activity funds. For these reasons, the school board will assume control over and/or oversee funds for student activities as set forth in this policy.

II. GENERAL STATEMENT OF POLICY

A. Curricular and Co-curricular Activities

The school board shall take charge of, control over, and account for all student activity funds that relate to curricular and co-curricular activities.

B. Extracurricular Activities

The school board shall take charge of, control over, and account for all student activity accounting that relates to extracurricular activities.

C. Non-Student Activities

In overseeing student activity accounts under this policy, the school board shall not maintain or account for funds generated by non-students including, but not limited to, convenience funds of staff members, booster club funds, parent-teacher organization or association funds, or funds donated to the school district for specified purposes other than student activities.

III. DEFINITIONS

A. Co-curricular Activity

A “co-curricular activity” means those portions of the school-sponsored and directed activities designed to provide opportunities for students to participate in such experiences on an individual basis or in groups, at school and at public events, for improvement of skills (i.e., interscholastic sports, band, etc.). Co-curricular activities are not offered for school credit, cannot be counted toward graduation, and have one or more of the following characteristics:

1. They are conducted at regular and uniform times during school hours, or at times established by school authorities; 

2. They are directed or supervised by instructional staff in a learning environment similar to that found in courses offered for credit; and

3. They are partially, primarily, or totally funded by public moneys for general instructional purposes under direction and control of the school board.

B. Curricular Activity

A “curricular activity” means those portions of the school program for which credit is granted, whether the activity is part of a required or elective program.

C. Extracurricular (Noncurricular/Supplementary) Activity

An “extracurricular (noncurricular/supplementary) activity” means all direct and personal services for students for their enjoyment that are managed and operated under the guidance of an adult or staff member. Extracurricular activities have all of the following characteristics:

1. They are not offered for school credit nor required for graduation;

2. They generally are conducted outside school hours or, if partly during school hours, at times agreed by the participants and approved by school authorities;

3. The content of the activities is determined primarily by the student participants under the guidance of a staff member or other adult.

D. Public Purpose Expenditure

A “public purpose expenditure” is one which benefits the community as a whole, is directly related to the functions of the school district, and does not have as its primary objective the benefit of private interest.

IV. MANAGEMENT AND CONTROL OF ACTIVITY FUNDS

A. Curricular and Co-curricular Activities

1. All money received on account of co-curricular activities shall be deposited in the general fund, to be disbursed for expenses and salaries connected with the activities, or otherwise, by the school board upon properly allowed itemized claims.

2. All revenues and expenditures related to curricular and co-curricular activities shall be accounted for in accordance with the Uniform Financial Accounting and Reporting Standards (UFARS), the Manual for Activity Fund Accounting (MAFA) to the extent applicable, and school district policies and procedures. 

B. Extracurricular Activities

1. Extracurricular Activities Under Board Control

a. Any and all costs of extracurricular activities under board control may be provided from school revenues.

b. All money received or expended for extracurricular activities under board control shall be turned over to the treasurer, who shall deposit such funds in the general fund, to be disbursed for expenses and salaries connected with the activities, or otherwise, by the school board upon properly allowed itemized claims.

c. The treasurer shall account for all revenues and expenditures related to extracurricular activities under board control in accordance with UFARS and MAFA and school district policies and procedures.

2. Extracurricular Activities Not Under Board Control

a. All extracurricular activities not under board control shall be self-sustaining with all expenses, except direct salary costs and indirect costs of the use of school facilities, met by dues, admissions, or other student fundraising events. The general fund shall reflect only those salaries directly related to and readily identified with the activity and paid by public funds.

b. Revenues and expenditures for extracurricular activities not under board control shall be recorded and be managed according to MAFA and shall be reviewed for compliance with and accepted by the school board in accordance with school district policies and procedures.

c. All student activity funds will be collected and expended:

(1) in compliance with school district policies and procedures;

(2) under the general direction of the principal and with the participation of students and faculty members who are responsible for generating the revenue;

(3) in a manner which does not produce a deficit or an unreasonably large accumulation of money to a particular student activity fund; 

(4) for activities which directly benefit the majority of those students making the contributions in the year the contributions were made whenever possible; and

(5) in a manner which meets a public purpose.

d. Activity accounts of a graduated class will be terminated prior to the start of the school year following graduation. Any residual money from a graduating class activity fund will be removed from the terminated student activity account and deposited into the general fund. Prior to depositing such accounts, all donations or gifts accepted for the specific purpose of the student activity account shall be administered in accordance with the terms of the gift or donation and school district policy.

V. DEMONSTRATION OF ACCOUNTABILITY

A. Activity Fund Reports

The Finance Committee will review a summary accounting of student activity accounts at least semi-annually, including a report on transactions within each account of the student activity funds. The Finance Department will develop and maintain the student activity accounting procedures manual. All procedures will comply with state and federal laws.

B. Annual External Audit

The school board shall direct its independent certified public accountants to audit, examine, and report upon student activity accounts as part of its annual school district audit in accordance with state law.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 123B.02, Subd. 6 (General Powers of Independent School Districts)
  • Minn. Stat. § 123B.09 (Boards of Independent School Districts)
  • Minn. Stat. § 123B.15, Subd. 7 (Officers of Independent School Districts)
  • Minn. Stat. § 123B.35 (General Policy)
  • Minn. Stat. § 123B.36 (Authorized Fees)
  • Minn. Stat. § 123B.37 (Prohibited Fees)
  • Minn. Stat. § 123B.38 (Hearing)
  • Minn. Stat. § 123B.49 (Extracurricular Activities; Insurance)
  • Minn. Stat. § 123B.52 (Contracts)
  • Minn. Stat. § 123B.76 (Expenditures; Reporting)
  • Minn. Stat. § 123B.77 (Accounting, Budgeting, and Reporting Requirement)
  • Minn. Rules Part 3500.1050 (Definitions for Pupil Fees) 
  • Visina v. Freeman, 252 Minn. 177, 89 N.W.2d 635 (1958)
  • Minn. Op. Atty. Gen. 159a-16 (May 10, 1966)

Cross References:

  • Uniform Financial Accounting and Reporting Standards (UFARS)
  • Manual for Activity Fund Accounting (MAFA)
  • Policy 511 (Student Fundraising)
  • Policy 701 (Establishment and Adoption of School District Budget)
  • Policy 701.1 (Modification of School District Budget)
  • Policy 701.2 (Purchasing)
  • Policy 702 (Accounting)
  • Policy 703 (Annual Audit)
  • Policy 704 (Development and Maintenance of an Inventory of Fixed
  • Assets and a Fixed Asset Accounting System)
  • Policy 706 (Acceptance of Gifts)

Reviewed: 10-13-16

Approved: 11-17-16

714 - Fund Balances

POLICY #714

FUND BALANCES



I. PURPOSE

The purpose of this policy is to create new fund balance classifications to allow for more useful fund balance reporting and for compliance with the reporting guidelines specified in Statement No. 54 of the Governmental Accounting Standards Board (GASB).

720 - Sales of Food and Beverages

POLICY #720

SALES OF FOOD AND BEVERAGES

I. PURPOSE

The purpose of this policy is to establish procedures to govern food and beverage vending and sales in school facilities in the school district.

II. GENERAL STATEMENT OF POLICY

It is the policy of the school district to contract for, supervise, maintain, and account for the proceeds from food and beverage vending and sales in school facilities in a manner that is fair, that maximizes the revenues from those machines, that allows those revenues to be included in the budget of the facility in which they are generated, and that establishes controls to avoid fraud, theft, or the appearance of impropriety.

III. NUTRITION GUIDELINES

Cambridge-Isanti Schools will strive to eliminate students’ access to unhealthy foods on school grounds. Non-food items and healthy food choices (in compliance with federal child nutrition guidelines) will be encouraged for all food vending and school celebrations. The school district encourages parents, staff, organizations and individuals to support a healthy school environment by following the federal child nutrition guidelines for all foods and beverages brought into schools. To the extent possible, the school district will ensure that all students have access to an adequate time to consume school breakfast and lunch.

IV. AUTHORIZATION

Automatic vending machines for the dispensing of food, beverages, or other approved items are authorized in any school facility in the school district provided that all contracts for such vending machines must be approved by the school board as provided in this policy.

V. SUPERVISION; APPROVAL; LOCATION

A. All food and beverage sales, including vending machines shall be under the supervision of the school principal or other person in charge of the facility in which the machine is located. That administrator shall be responsible to supervise food and beverage sales and vending in compliance with this policy and any applicable laws.

B. The items to be dispensed from a vending machine, school store, or other vending forum located in a school facility shall be approved by the principal or other person in charge of that facility, as well as the Food Service Director. All food, beverages, or other items approved shall be appropriate to the school setting. In the event a written complaint is filed with the superintendent regarding the approval or disapproval of any item, the school board, after proper review, shall make the final determination.

C. Vending and food and beverage sales may be approved for approved items only during certain hours. Vending and food and beverage sales should not be conducted in competition with the school cafeteria or food service. The principal or other person in charge of the school facility may regulate the hours of operation of vending and food and beverage sales.

D. Vending and food and beverage sales shall be located to meet any applicable building, fire, or life/safety codes and to provide convenience of operation, accessibility, and ease of maintenance. The principal or other person in charge of the facility shall review the location of vending and food and beverage sales with appropriate maintenance and food service staff.

VI. CONTRACT APPROVAL

A. All contracts for the purchase or rental of vending machines shall be considered by the school board on a facility-by-facility basis.

B. If it is estimated that the aggregate receipts from all vending machines located in a school facility will be $10,000 or more in a fiscal year, the contract for any vending machine in that facility must be awarded after the receipt of sealed bids and compliance with Minn. Stat. § 123B.52.

C. If it is estimated that the aggregate receipts from all vending machines located in a school facility will be less than $10,000 in a fiscal year, the contract for any vending machine in that facility may be awarded after the receipt of two or more quotations after taking into consideration conformity with the specifications, terms of delivery, other conditions imposed in the call for quotations, and compliance with Minn. Stat. § 123B.52.

D. The contracting process shall be conducted in compliance with Minn. Stat. § 123B.52. A copy of this policy shall be included in any specifications or request for proposals or quotations. A record shall be kept of all bids or quotations received with the names, amounts, and successful bidder indicated. All bids and quotations shall be kept on file as a public record for a period of at least one year after their receipt.

E. Any bid or quotation must specify all commissions to be paid from the machine and any other noncommission amounts to be paid as a result of the award of the contract. The noncommission amounts include, but are not limited to, cash payments, in-kind payments, equipment donations, scholarship contributions, bonus payments, or other payments or contributions of any kind or nature. The noncommission amounts shall be reduced to a cash equivalency and shall be specified on the bid or quotation as an additional amount to be paid for the award of the contract.

F. If a contract contains a provision allowing exclusivity, such as all machines in the building carrying only a certain manufacturer’s brands, that provision must be reviewed by the administration prior to requesting bids or quotations to ensure that it does not conflict with other contracts of the school district.

G. All contracts for vending machines must be approved by the school board. Any contract not made in compliance with this policy shall be void. Any district employee signing an unauthorized contract may be subject to personal liability thereon and may be disciplined for said action.

H. All vending machines are to be installed at the expense of the facility in which located. All financial responsibility for the maintenance and repair of machines shall remain with the individual facility in which located to the extent not addressed in the contract.

I. No teacher, administrator, school district employee, or school board member shall be interested, directly or indirectly, in a vending machine contract with the school district or personally benefit financially therefrom.

VI. ACCOUNTING

A. Proceeds from vending machine sales and contracts shall be under the control of the school board, shall be accounted for in one of the regular school district funds, and must be accounted for and reported in compliance with UFARS.

B. An amount equal to the amount of the proceeds from the machines in each facility shall be included in the budget of the facility in which the proceeds are generated. That amount may be expended in accordance with established expenditure procedures.

C. Pursuant to the vending machine contract or otherwise, proper auditing and inventory control procedures shall be established to ensure that commissions are being correctly calculated and paid. These controls must include daily, weekly, or other periodic inventories and written reconciliations of variances between inventory and cash. Each time cash is removed from, or inventory is added to a machine, a written reconciliation between cash and inventory must be performed by the person taking the cash from the machine and must be signed by the principal or other person in charge of the facility. The original written reconciliation reports shall be filed with the business office monthly and a copy shall be retained by the principal’s office.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 123B.20 (Dealing in Supplies)
  • Minn. Stat. § 123B.52 (Contracts)
  • Minn. Stat. § 471.345 (Contracts)
  • Minn. Stat. § 471.87 (Conflict of Interest)
  • Minn. Stat. § 210.11 (Competitive Food Service and Standards)

Cross References:

  • Policy 210 (Conflict of Interest – School Board Members)
  • Policy 702 (Accounting)

Reviewed: 11-20-08, 07-21-16

Approved: 12-18-08, 08-18-16

721 - Uniform Grant Guidance Policy Regarding Federal Reserve Sources

POLICY #721

UNIFORM GRANT GUIDANCE POLICY

REGARDING FEDERAL REVENUE SOURCES

I. PURPOSE

The purpose of this policy is to ensure compliance with the requirements of the federal Uniform Grant Guidance regulations by establishing uniform administrative requirements, cost principles, and audit requirements for federal grant awards received by the school district.

II. DEFINITIONS

A. Grants

1. State-administered grants” are those grants that pass through a state agency such as the Minnesota Department of Education (MDE).

2. “Direct grants” are those grants that do not pass through another agency such as MDE and are awarded directly by the federal awarding agency to the grantee organization. These grants are usually discretionary grants that are awarded by the U.S. Department of Education (DOE) or by another federal awarding agency.

B. “Non-federal entity” means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient.

C. “Federal award” has the meaning, depending on the context, in either paragraph 1. or 2. of this definition:

1. a. The federal financial assistance that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity, as described in 2 C.F.R. § 200.101 (Applicability); or

b. The cost-reimbursement contract under the federal Acquisition Regulations that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity, as described in 2 C.F.R. § 200.101 (Applicability).

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of 2 C.F.R. § 200.40 (Federal Financial Assistance), or the cost-reimbursement contract awarded under the federal Acquisition Regulations.

 

 

3. “Federal award” does not include other contracts that a federal agency uses to buy goods or services from a contractor or a contract to operate federal-government-owned, contractor-operated facilities.

D. “Contract” means a legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a federal award. The term, as used in 2 C.F.R. Part 200, does not include a legal instrument, even if the non-federal entity considers it a contract, when the substance of the transaction meets the definition of a federal award or subaward.

E. Procurement Methods

1. “Procurement by micro-purchase” is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (generally $3,000, except as otherwise discussed in 48 C.F.R. Subpart 2.1 or as periodically adjusted for inflation).

2. “Procurement by small purchase procedures” are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than $150,000 (periodically adjusted for inflation).

3. “Procurement by sealed bids (formal advertising)” is a publicly solicited and a firm, fixed-price contract (lump sum or unit price) awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price.

4. “Procurement by competitive proposals” is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. Competitive proposals are generally used when conditions are not appropriate for the use of sealed bids.

5. “Procurement by noncompetitive proposals” is procurement through solicitation of a proposal from only one source.

F. “Equipment” means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or $5,000.

G. “Compensation for personal services” includes all remuneration, paid currently or accrued, for services of employees rendered during the period of performance under the federal award, including, but not necessarily limited to, wages and salaries. Compensation for personal services may also include fringe benefits which are addressed in 2 C.F.R. § 200.431 (Compensation - Fringe Benefits).

 

H. “Post-retirement health plans” refer to costs of health insurance or health services not included in a pension plan covered by 2 C.F.R. § 200.431(g) for retirees and their spouses, dependents, and survivors.

I. “Severance pay” is a payment in addition to regular salaries and wages by the non-federal entities to workers whose employment is being terminated.

J. “Direct costs” are those costs that can be identified specifically with a particular final cost objective, such as a federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy.

K. “Relocation costs” are costs incident to the permanent change of duty assignment (for an indefinite period or for a stated period not less than 12 months) of an existing employee or upon recruitment of a new employee.

L. “Travel costs” are the expenses for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business of the school district.

III. CONFLICT OF INTEREST

A. Employee Conflict of Interest. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The employees, officers, and agents of the school district may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the school district may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by employees, officers, or agents of the school district.

 

B. Organizational Conflicts of Interest. The school district is unable or appears to be unable to be impartial in conducting a procurement action involving the related organization because of relationships with a parent company, affiliate, or subsidiary organization.

 

C. Disclosing Conflicts of Interest. The school district must disclose in writing any potential conflict of interest to MDE in accordance with applicable federal awarding agency policy.

 

IV. ACCEPTABLE METHODS OF PROCUREMENT

A. General Procurement Standards. The school district must use its own documented procurement procedures which reflect applicable state laws, provided that the procurements conform to the applicable federal law and the standards identified in the Uniform Grant Guidance.

B. The school district must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

C. The school district’s procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach.

D. The school district must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

E. The school district must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement; selection of the contract type; contractor selection or rejection; and the basis for the contract price.

F. The school district alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the school district of any contractual responsibilities under its contracts.

G. The school district must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

H. Methods of Procurement. The school district must use one of the following methods of procurement:

1. Procurement by micro-purchases. To the extent practicable, the school district must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the school district considers the price to be reasonable.

2. Procurement by small purchase procedures. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.

3. Procurement by sealed bids (formal advertising).

4. Procurement by competitive proposals. If this method is used, the following requirements apply:

a. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;

b. Proposals must be solicited from an adequate number of qualified sources;

c. The school district must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;

d. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and

e. The school district may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method where price is not used as a selection factor can only be used in procurement of A/E professional services; it cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort.

5. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals may be used only when one or more of the following circumstances apply:

a. The item is available only from a single source;

b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The DOE or MDE expressly authorizes noncompetitive proposals in response to a written request from the school district; or

d. After solicitation of a number of sources, competition is determined inadequate.

I. Competition. The school district must have written procedures for procurement transactions. These procedures must ensure that all solicitations:

1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When making a clear and accurate description of the technical requirements is impractical or uneconomical, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and

2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

J. The school district must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the school district must not preclude potential bidders from qualifying during the solicitation period.

K. Non-federal entities are prohibited from contracting with or making subawards under “covered transactions” to parties that are suspended or debarred or whose principals are suspended or debarred. “Covered transactions” include procurement contracts for goods and services awarded under a grant or cooperative agreement that are expected to equal or exceed $25,000.

L. All non-procurement transactions entered into by a recipient (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 C.F.R. § 180.215.

V. MANAGING EQUIPMENT AND SAFEGUARDING ASSETS

A. Property Standards. The school district must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally owned property need not be insured unless required by the terms and conditions of the federal award.

The school district must adhere to the requirements concerning real property, equipment, supplies, and intangible property set forth in 2 C.F.R. §§ 200.311, 200.314, and 200.315.

B. Equipment

Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a federal award, until disposition takes place will, at a minimum, meet the following requirements:

1. Property records must be maintained that include a description of the property; a serial number or other identification number; the source of the funding for the property (including the federal award identification number (FAIN)); who holds title; the acquisition date; the cost of the property; the percentage of the federal participation in the project costs for the federal award under which the property was acquired; the location, use, and condition of the property; and any ultimate disposition data, including the date of disposition and sale price of the property.

2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.

3. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.

4. Adequate maintenance procedures must be developed to keep property in good condition.

5. If the school district is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

VI. FINANCIAL MANAGEMENT REQUIREMENTS

A. Financial Management. The school district’s financial management systems, including records documenting compliance with federal statues, regulations, and the terms and conditions of the federal award, must be sufficient to permit the preparation of reports required by general and program-specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the federal statutes, regulations, and the terms and conditions of the federal award.

B. Payment. The school district must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement between the school district and the financial management systems that meet the standards for fund control.

Advance payments to a school district must be limited to the minimum amounts needed and timed to be in accordance with the actual, immediate cash requirements of the school district in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The school district must make timely payment to contractors in accordance with the contract provisions.

C. Internal Controls. The school district must establish and maintain effective internal control over the federal award that provides reasonable assurance that the school district is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government,” issued by the Comptroller General of the United States, or the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

The school district must comply with federal statutes, regulations, and the terms and conditions of the federal award.

The school district must also evaluate and monitor the school district’s compliance with statutes, regulations, and the terms and conditions of the federal award.

The school district must also take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings.

The school district must take reasonable measures to safeguard protected personally identifiable information considered sensitive consistent with applicable federal and state laws regarding privacy and obligations of confidentiality.

VII. ALLOWABLE USE OF FUNDS AND COST PRINCIPLES

A. Allowable Use of Funds. The school district administration and board will enforce appropriate procedures and penalties for program, compliance, and accounting staff responsible for the allocation of federal grant costs based on their allowability and their conformity with federal cost principles to determine the allowability of costs.

B. Definitions

1. “Allowable cost” means a cost that complies with all legal requirements that apply to a particular federal education program, including statutes, regulations, guidance, applications, and approved grant awards.

2. “Education Department General Administrative Regulations (EDGAR)” means a compilation of regulations that apply to federal education programs. These regulations contain important rules governing the administration of federal education programs and include rules affecting the allowable use of federal funds (including rules regarding allowable costs, the period of availability of federal awards, documentation requirements, and grants management requirements). EDGAR can be accessed at: http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html.

3. “Omni Circular” or “2 C.F.R. Part 200s” or “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” means federal cost principles that provide standards for determining whether costs may be charged to federal grants.

4. “Advance payment” means a payment that a federal awarding agency or pass through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the non-federal entity disburses the funds for program purposes.

C. Allowable Costs. The following items are costs that may be allowable under the 2 C.F.R. Part 200s under specific conditions:

1. Advisory councils;

2. Audit costs and related services;

3. Bonding costs;

4. Communication costs;

5. Compensation for personal services;

6. Depreciation and use allowances;

7. Employee morale, health, and welfare costs;

8. Equipment and other capital expenditures;

9. Gains and losses on disposition of depreciable property and other capital assets and substantial relocation of federal programs;

10. Insurance and indemnification;

11. Maintenance, operations, and repairs;

12. Materials and supplies costs;

13. Meetings and conferences;

14. Memberships, subscriptions, and professional activity costs;

15. Security costs;

16. Professional service costs;

17. Proposal costs;

18. Publication and printing costs;

19. Rearrangement and alteration costs;

20. Rental costs of building and equipment;

21. Training costs; and

22. Travel costs.

D. Costs Forbidden by Federal Law. 2 CFR Part 200s and EDGAR identify certain costs that may never be paid with federal funds. The following list provides examples of such costs. If a cost is on this list, it may not be supported with federal funds. The fact that a cost is not on this list does not mean it is necessarily permissible. Other important restrictions apply to federal funds, such as those items detailed in the 2 CFR Part 200s; thus, the following list is not exhaustive:

1. Advertising and public relations costs (with limited exceptions), including promotional items and memorabilia, models, gifts, and souvenirs;

2. Alcoholic beverages;

3. Bad debts;

4. Contingency provisions (with limited exceptions);

5. Fundraising and investment management costs (with limited exceptions);

6. Donations;

7. Contributions;

8. Entertainment (amusement, diversion, and social activities and any associated costs);

9. Fines and penalties;

10. General government expenses (with limited exceptions pertaining to Indian tribal governments and Councils of Government (COGs));

11. Goods or services for personal use;

12. Interest, except interest specifically stated in 2 C.F.R. § 200.441 as allowable;

13. Religious use;

14. The acquisition of real property (unless specifically permitted by programmatic statute or regulations, which is very rare in federal education programs);

15. Construction (unless specifically permitted by programmatic statute or regulations, which is very rare in federal education programs); and

16. Tuition charged or fees collected from students applied toward meeting matching, cost sharing, or maintenance of effort requirements of a program.

E. Program Allowability

1. Any cost paid with federal education funds must be permissible under the federal program that would support the cost.

2. Many federal education programs detail specific required and/or allowable uses of funds for that program. Issues such as eligibility, program beneficiaries, caps or restrictions on certain types of program expenses, other program expenses, and other program specific requirements must be considered when performing the programmatic analysis.

3. The two largest federal K-12 programs, Title I, Part A, and the Individuals with Disabilities Education Act (IDEA), do not contain a use of funds section delineating the allowable uses of funds under those programs. In those cases, costs must be consistent with the purposes of the program in order to be allowable.

F. Federal Cost Principles

1. The Omni Circular defines the parameters for the permissible uses of federal funds. While many requirements are contained in the Omni Circular, it includes five core principles that serve as an important guide for effective grant management. These core principles require all costs to be:

a. Necessary for the proper and efficient performance or administration of the program.

b. Reasonable. An outside observer should clearly understand why a decision to spend money on a specific cost made sense in light of the cost, needs, and requirements of the program.

c. Allocable to the federal program that paid for the cost. A program must benefit in proportion to the amount charged to the federal program – for example, if a teacher is paid 50% with Title I funds, the teacher must work with the Title I program/students at least 50% of the time. Recipients also need to be able to track items or services purchased with federal funds so they can prove they were used for federal program purposes.

d. Authorized under state and local rules. All actions carried out with federal funds must be authorized and not prohibited by state and local laws and policies.

e. Adequately documented. A recipient must maintain proper documentation so as to provide evidence to monitors, auditors, or other oversight entities of how the funds were spent over the lifecycle of the grant.

G. Program Specific Fiscal Rules. The Omni Circular also contains specific rules on selected items of costs. Costs must comply with these rules in order to be paid with federal funds.

1. All federal education programs have certain program specific fiscal rules that apply. Determining which rules apply depends on the program; however, rules such as supplement, not supplant, maintenance of effort, comparability, caps on certain uses of funds, etc., have an important impact when analyzing whether a particular cost is permissible.

2. Many state-administered programs require local education agencies (LEAs) to use federal program funds to supplement the amount of state, local, and, in some cases, other federal funds they spend on education costs and not to supplant (or replace) those funds. Generally, the “supplement, not supplant” provision means that federal funds must be used to supplement the level of funds from non-federal sources by providing additional services, staff, programs, or materials. In other words, federal funds normally cannot be used to pay for things that would otherwise be paid for with state or local funds (and, in some cases, with other federal funds).

3. Auditors generally presume supplanting has occurred in three situations:

a. School district uses federal funds to provide services that the school district is required to make available under other federal, state, or local laws.

b. School district uses federal funds to provide services that the school district provided with state or local funds in the prior year.

c. School district uses Title I, Part A, or Migrant Education Program funds to provide the same services to Title I or Migrant students that the school district provides with state or local funds to nonparticipating students.

4. These presumptions apply differently in different federal programs and also in schoolwide program schools. Staff should be familiar with the supplement not supplant provisions applicable to their program.

H. Approved Plans, Budgets, and Special Conditions

1. As required by the Omni Circular, all costs must be consistent with approved program plans and budgets.

2. Costs must also be consistent with all terms and conditions of federal awards, including any special conditions imposed on the school district’s grants.

I. Training

1. The school district will provide training on the allowable use of federal funds to all staff involved in federal programs.

2. The school district will promote coordination between all staff involved in federal programs through activities, such as routine staff meetings and training sessions.

J. Employee Sanctions. Any school district employee who violates this policy will be subject to discipline, as appropriate, up to and including the termination of employment.

VIII. COMPENSATION – PERSONAL SERVICES EXPENSES AND REPORTING

A. Compensation – Personal Services

Costs of compensation are allowable to the extent that they satisfy the specific requirements of the Uniform Grant Guidance and that the total compensation for individual employees:

1. Is reasonable for the services rendered and conforms to the established written policy of the school district consistently applied to both federal and non-federal activities; and

2. Follows an appointment made in accordance with a school district’s written policies and meets the requirements of federal statute, where applicable.

Unless an arrangement is specifically authorized by a federal awarding agency, a school district must follow its written non-federal, entitywide policies and practices concerning the permissible extent of professional services that can be provided outside the school district for non-organizational compensation.

B. Compensation – Fringe Benefits

1. During leave.

The costs of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met:

a. They are provided under established written leave policies;

b. The costs are equitably allocated to all related activities, including federal awards; and

c. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the school district.

2. The costs of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker’s compensation insurance (except as indicated in 2 C.F.R. § 200.447(d)); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies. Such benefits must be allocated to federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such federal awards and other activities and charged as direct or indirect costs in accordance with the school district’s accounting practices.

3. Actual claims paid to or on behalf of employees or former employees for workers’ compensation, unemployment compensation, severance pay, and similar employee benefits (e.g., post-retirement health benefits) are allowable in the year of payment provided that the school district follows a consistent costing policy.

4. Pension plan costs may be computed using a pay-as-you-go method or an acceptable actuarial cost method in accordance with the written policies of the school district.

5. Post-retirement costs may be computed using a pay-as-you-go method or an acceptable actuarial cost method in accordance with established written policies of the school district.

6. Costs of severance pay are allowable only to the extent that, in each case, severance pay is required by law; employer-employee agreement; established policy that constitutes, in effect, an implied agreement on the school district’s part; or circumstances of the particular employment.

C. Insurance and Indemnification. Types and extent and cost of coverage are in accordance with the school district’s policy and sound business practice.

D. Recruiting Costs. Short-term, travel visa costs (as opposed to longer-term, immigration visas) may be directly charged to a federal award, so long as they are:

1. Critical and necessary for the conduct of the project;

2. Allowable under the cost principles set forth in the Uniform Grant Guidance;

3. Consistent with the school district’s cost accounting practices and school district policy; and

4. Meeting the definition of “direct cost” in the applicable cost principles of the Uniform Grant Guidance.

E. Relocation Costs of Employees. Relocation costs are allowable, subject to the limitations described below, provided that reimbursement to the employee is in accordance with the school district’s reimbursement policy.

F. Travel Costs. Travel costs may be charged on an actual cost basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip, and results in charges consistent with those normally allowed in like circumstances in the school district’s non-federally funded activities and in accordance with the school district’s reimbursement policies.

Costs incurred by employees and officers for travel, including costs of lodging, other subsistence, and incidental expenses, must be considered reasonable and otherwise allowable only to the extent such costs do not exceed charges normally allowed by the school district in its regular operations according to the school district’s written reimbursement and/or travel policies.

In addition, when costs are charged directly to the federal award, documentation must justify the following:

1. Participation of the individual is necessary to the federal award; and

2. The costs are reasonable and consistent with the school district’s established travel policy.

Temporary dependent care costs above and beyond regular dependent care that directly results from travel to conferences is allowable provided the costs are:

1. A direct result of the individual’s travel for the federal award;

2. Consistent with the school district’s documented travel policy for all school district travel; and

3. Only temporary during the travel period.

Source: Cambridge-Isanti Schools

Legal References:

  • 2 C.F.R. § 200.12 (Capital Assets)
  • 2 C.F.R. § 200.112 (Conflict of Interest)
  • 2 C.F.R. § 200.113 (Mandatory Disclosures)
  • 2 C.F.R. § 200.205(d) (Federal Awarding Agency Review of Risk Posed by Applicants)
  • 2 C.F.R. § 200.212 (Suspension and Debarment)
  • 2 C.F.R. § 200.300(b) (Statutory and National Policy Requirements)
  • 2 C.F.R. § 200.302 (Financial Management)
  • 2 C.F.R. § 200.303 (Internal Controls)
  • 2 C.F.R. § 200.305(b)(1) (Payment)
  • 2 C.F.R. § 200.310 (Insurance Coverage)
  • 2 C.F.R. § 200.311 (Real Property)
  • 2 C.F.R. § 200.313(d) (Equipment)
  • 2 C.F.R. § 200.314 (Supplies)
  • 2 C.F.R. § 200.315 (Intangible Property)
  • 2 C.F.R. § 200.318 (General Procurement Standards)
  • 2 C.F.R. § 200.319(c) (Competition)
  • 2 C.F.R. § 200.320 (Methods of Procurement to be Followed)
  • 2 C.F.R. § 200.321 (Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms)
  • 2 C.F.R. § 200.328 (Monitoring and Reporting Program Performance)
  • 2 C.F.R. § 200.338 (Remedies for Noncompliance)
  • 2 C.F.R. § 200.403(c) (Factors Affecting Allowability of Costs)
  • 2 C.F.R. § 200.430 (Compensation – Personal Services)
  • 2 C.F.R. § 200.431 (Compensation – Fringe Benefits)
  • 2 C.F.R. § 200.447 (Insurance and Indemnification)
  • 2 C.F.R. § 200.463 (Recruiting Costs)
  • 2 C.F.R. § 200.464 (Relocation Costs of Employees)
  • 2 C.F.R. § 200.473 (Transportation Costs)
  • 2 C.F.R. § 200.474 (Travel Costs)

Cross References:

  • Policy 208 (Development, Adoption, and Implementation of Policies)
  • Policy 210 (Conflict of Interest – School Board Members)
  • Policy 210.1 (Conflict of Interest – Charter School Board Members)
  • Policy 412 (Expense Reimbursement)
  • Policy 701 (Establishment and Adoption of School District Budget)
  • Policy 701.1 (Modification of School District Budget)
  • Policy 702 (Accounting)
  • Policy 703 (Annual Audit)

Reviewed: 10-13-16

Approved: 11-17-16

721P - Uniform Grant Guidance Procedures

POLICY 721-P

Uniform Grant Guidance Procedure Federal Awards Administration Overview

Purpose – This manual has been prepared to document the policies and procedures for the administration of federal awards of Cambridge-Isanti Schools (the “District”) and general business procedures. The Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles and Audit Requirements [34 CFR Part 80, 2 CFR Part 213 and Part 6 of the Office of Management and Budget (OMB) UGG - Uniform Grant Guidance Compliance Supplement] require all sub-recipients of federal funds to establish and maintain internal controls designed to reasonably ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit federal or state laws or regulations, or the provisions of individual grant agreements.

Hierarchy of Authority – In the event that conflicting guidance on the administration of Federal awards is available, the District has deemed Federal guidance to be most authoritative, followed by guidance from the Minnesota Department of Education (“MDE”), and finally other State or local agencies.

Revisions – Guidance provided by the Federal government through the OMB UGG - Uniform Grant Guidance Compliance Supplement and guidance provided by MDE through the Minnesota Uniform Financial Accounting and Reporting Standards Manual are expected to be updated each year. Such updates are considered by the District as they become available and policies and procedures will be revised accordingly.

The Superintendent, Director of Finance and Operations and Designees are authorized and required to establish and document operating procedures to ensure compliance with the provisions of federal and state regulations and the provisions of grant agreements. Such procedures are documented herein, and will be reviewed and updated as necessary, but not less than once every three years.

Training – District accounting and finance personnel, and Program Administrators of Federal awards will be provided the necessary training through various mechanisms, such as: (1) reviewing IDEAS reports, accompanying aid payments (2) consulting with the District’s auditors as needed for clarification, (3) participating in various training opportunities, such as those offered by MDE and appropriate professional organizations, (4) reviewing legislative updates from multiple sources, (5) membership and participation in meetings of the Minnesota Association of School Business Officials (MASBO), (6) coordination and collaboration with individuals performing similar job functions at local Districts or Districts within the Rum River Special Education Cooperative (7) conducting internal meetings with District Office staff in order to share information and ideas.

Compliance Failures – Compliances failures, whether noted internally by management or through the external audit process, will be addressed immediately by reviewing the reason for the failure with responsible personnel and devising an improved process to encourage compliance in the future.

For the rest of Policy 721P - Uniform Grant Guidance Procedures please select PDF above.

 Revised 06/22/2017

730 - Food Services Management

 

POLICY #730

FOOD SERVICES MANAGEMENT

  1. PURPOSE

The purpose of this policy is to establish consistent meal account procedures throughout the buildings in the provision of meals to students.

II. GENERAL STATEMENT OF POLICY

Cambridge-Isanti Schools recognizes the parent/guardian’s responsibility to provide breakfast and lunch for their children. Proper nutritional intake is essential for adequate learning to occur.

It is the policy of Cambridge-Isanti Schools to offer breakfast and provide lunch at school. The Food Service Department strives to produce quality meals in an efficient and fiscally responsible manner.

Students may purchase meals when funds have been deposited into their family account.

Families may apply for free/reduced meals anytime during the school year. Applications are mailed to all families in the school district prior to the school year. In addition, applications are available at the district office, all school offices and on the districts website under Food Service.

III. PROCEDURES FOR NOTIFYING FAMILY OF ACCOUNT STATUS

  1. Students will be notified in the line each day that their account is less than $10.00.

B. Families may sign up for a low balance e-mail alert through Family Access. An e-mail will be sent each day that the balance is below $10.00.

C. When the balance is negative, a courtesy meal of milk and cereal will be offered at breakfast and a sandwich and milk will be offered at lunch.

D. After the second day in succession of offering the courtesy breakfast and lunch, the food service cashier will contact the food service Administrative Assistant. The Food Service Administrative Assistant will review the account, actions taken and attempt to contact the parent/guardian. If the Food Service Administrative Assistant’s attempts are not successful, the School Counselor/Social Worker will be contacted and asked to assist.

E. Assistance from county Social Services may be requested by the school social worker/counselor for possible neglect when above procedures are unsuccessful.

Source:                       Cambridge-Isanti Schools

Reviewed:                   2-21-02, 2-22-11, 7-19-12, 02-23-17

Approved:                   3-21-02, 3-20-10, 03-23-17

800 - Building and Sites

The policies in category 800 pertain to the roles and functions for building and sites for the school district. 

801 - Equal Access to School Facilities

POLICY #801

EQUAL ACCESS TO SCHOOL FACILITIES

 

I. PURPOSE

The purpose of this policy is to implement the Equal Access Act by granting equal access to elementary and secondary school facilities for students who wish to conduct a meeting for religious political, or philosophical purposes during non- instructional time.

802 - Disposition of Obsolete Equipment and Material

POLICY #802

DISPOSITION OF OBSOLETE EQUIPMENT AND MATERIAL



I. PURPOSE

The purpose of this policy is to provide guidelines for the superintendent to assist in timely disposition of obsolete equipment and material.

805 - Waste Reduction and Recycling

 

POLICY #805

WASTE REDUCTION AND RECYCLING

I.         PURPOSE

The purpose of this policy is to establish a resource recovery program to promote the reduction of waste, the separation and recovery of recyclable and reusable commodities, the procurement of recyclable commodities and commodities containing recycled materials, the disposition of waste materials and surplus property, and the establishment of a program of education to develop an awareness of environmentally sound waste management.  (Minn. Stat. § 115A.15, Subd. 1)

II.        GENERAL STATEMENT OF POLICY

The policy of the school district is to comply with all state laws relating to waste management and to make resource conservation an integral part of the physical operations and curriculum of the school district.

III.      DEFINITIONS

A.        “Lamp recycling facility” means a facility operated to remove, recover, and recycle for reuse mercury or other hazardous materials from fluorescent or high intensity discharge lamps.  (Minn. Stat. § 116.93, Subd. 1)

B.        “Mixed municipal solid waste” means garbage, refuse, and other solid waste that is aggregated for collection but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.  (Minn. Stat. § 115A.03, Subd. 21)

C.        “Packaging” means a container and any appurtenant material that provide a means of transporting, marketing, protecting, or handling a product and includes pallets and packing such as blocking, bracing, cushioning, weatherproofing, strapping, coatings, closures, inks, dyes, pigments, and labels.  (Minn. Stat. § 115A.03, Subd. 22b)

D.        “Postconsumer materials” means a finished material that would normally be discarded as a solid waste having completed its life cycle as a consumer item.  (Minn. Stat. § 115A.03, Subd. 24b)

E.         “Rechargeable battery” means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except certain dry cell batteries or a battery exempted by the Commissioner of the Pollution Control Agency (PCA) (Commissioner).  (Minn. Stat. § 115A.9157)

F.         “Recyclable commodities” means materials, pieces of equipment, and parts which are not reusable but which contain recoverable resources.  (Minn. Stat. § 115A.15, Subd. 1a(a))

G.        “Recyclable materials” means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, source-separated compostable materials, and sole source food waste streams that are managed through biodegradative processes.  Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.  (Minn. Stat. § 115A.03, Subd. 25a)

H.        “Recycling” means the process of collecting and preparing recyclable materials and reusing the materials in their original form that do not cause the destruction of recyclable materials in a manner that precludes further use.  (Minn. Stat. § 115A.03, Subd. 25b)

I.          “Resource conservation” means the reduction in the use of water, energy, and raw materials.  (Minn. Stat. § 115A.03, Subd. 26a)

J.         “Reusable commodities” means materials, pieces of equipment, parts, and used supplies which can be reused for their original purpose in their existing condition. (Minn. Stat. § 115A.15, Subd. 1a(b))

K.        “Source-separated compostable materials” means materials that:

1.         are separated at the source by waste generators for the purpose of preparing them for use as compost;

2.         are collected separately from mixed municipal solid waste and are governed by state licensing provisions;

3.         are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the Commissioner has determined that no other person is willing to accept the paper for recycling;

4.         are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the PCA’s class I or class II, or equivalent, compost standards and where process rejects do not exceed 15 percent by weight of the total material delivered to the facility; and

5.         may be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the Commissioner determines that no other person is willing to accept the materials.

(Minn. Stat. § 115A.03, Subd. 32a)

L.         “Waste reduction” or “source reduction” means an activity that prevents generation of waste or the inclusion of toxic materials in waste, including:

1.         reusing the product in its original form;

2.         increasing the life span of a product;

3.         reducing material or the toxicity of material used in production or packaging; or

4.         changing procurement, consumption, or waste generation habits to result in smaller quantities or lower toxicity of waste generated.

(Minn. Stat. § 115A.03, Subd. 36b)

IV.       WASTE DISPOSAL

A.        The school district will attempt to decrease the amount of waste consumable materials by:

1.         reduction of the consumption of consumable materials whenever practicable;

2.         full utilization of materials prior to disposal;

3.         minimization of the use of non-biodegradable products whenever practicable.

B.        Each school district facility shall also collect at least three recyclable materials, such as, but not limited to, the following:   paper, glass, plastic, and metal.  (Minn. Stat. § 115A.151)

C.        The school district will transfer all recyclable materials collected to a recycler and, to the extent practicable, cooperate with, and participate in, recycling efforts being made by the city and/or county where the school district is located.  (Minn. Stat. § 115A.151)

D.        Prior to entering into a contract for the management of mixed municipal solid waste, the school district will determine whether the disposal method provided for in the contract is equal to or better than the waste management practices currently employed in the county or district plan in the county where the school district is located and whether the contract is consistent with the solid waste plan.  If the waste management method provided for in the contract is ranked lower than the waste management practices employed by the county or district, the school district will:

1.         determine the potential liability to the school district and its taxpayers for managing waste in this manner;

2.         develop and implement a plan for managing the potential liability; and

3.         submit the information in (1) and (2) above to the PCA.

If the contract is inconsistent with the county plan or if the school district’s waste management activities are inconsistent with the county plan, the school district should obtain the consent of the county prior to entering into a binding contract or developing or implementing inconsistent solid waste management activities.  (Minn. Stat. § 115A.46, Subd. 5; Minn. Stat. § 115A.471; Minn. Stat. § 458D.07, Subd. 4)

E.         The school district may not knowingly place motor oil, brake fluid, power steering fluid, transmission fluid, motor oil filters, or motor vehicle antifreeze (other than small amounts of antifreeze contained in water used to flush the cooling system of a vehicle after the antifreeze has been drained and does not include de-icer that has been used on the exterior of a vehicle) in or on:

1.         solid waste or solid waste management facilities other than a recycling facility or household hazardous waste collection facility;

2.         the land unless approved by the PCA; or

3.         the waters of the state, an individual sewage treatment system, or in a storm water or waste water collection or treatment system unless:

a.         permitted to do so by the operator of the system and the PCA;

b.         the school district generates an annual average of less than 50 gallons of waste motor vehicle antifreeze per month; and

c.         the school district keeps records of the amount of waste antifreeze generated, maintains these records on site and makes the records available for inspection for a minimum of three years following generation of the waste antifreeze.

(Minn. Stat. § 115A.916)

F.         The school district may not place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or other electrical device from which the mercury has not been removed for reuse or recycling:

1.         in solid waste; or

2.         in a wastewater disposal system.

            (Minn. Stat. § 115A.932, Subd. 1(a))

G.        The school district may not knowingly place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or other electrical device from which the mercury has not been removed for reuse or recycling:

1.         in a solid waste processing facility; or

2.         in a solid waste disposal facility.

            (Minn. Stat. § 115A.932, Subd. 1(b))

H.        The school district will recycle a fluorescent or high-intensity discharge lamp by delivery of the lamp to a lamp recycling facility or to a facility that collects and stores lamps for the purpose of delivering them to a lamp recycling facility, including, but not limited to, a household hazardous waste collection or recycling facility, retailer take-back and utility provider program sites, or other sites designated by an electric utility under Minn. Stat. § 216B.241, Subds. 2 and 4. (Minn. Stat. § 115A.932, Subd. 1(c))

I.          The school district may not place a lead acid battery in mixed municipal solid waste or dispose of a lead acid battery.  The school district also may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by the school district.  The school district also may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed.  (Minn. Stat. § 115A.915; Minn. Stat. § 115A.9155, Subd. 1; Minn. Stat. § 115A.9157, Subd. 2)

J.         The school district may not place yard waste:

1.         in mixed municipal solid waste;

2.         in a disposal facility;

3.         in a resource recovery facility, except for the purposes of reuse, composting, or cocomposting; or

4.         in a plastic bag unless exempt as specified in Minn. Stat. § 115A.931(c), (d), or (e).

            (Minn. Stat. § 115A.931)

K.        The school district may not place a telephone directory:

1.         in solid waste;

2.         in a disposal facility; or

3.         in a resource recovery facility, except a recycling facility.

            (Minn. Stat. § 115A.951, Subd. 2)

L.         The school district may not:

1.         place major appliances in mixed municipal solid waste; or

2.         dispose of major appliances in or on the land or in a solid waste processing or disposal facility.

            (Minn. Stat. § 115A.9561)

M.       The school district may not place in mixed municipal solid waste an electronic product containing a cathode-ray tube. (Minn. Stat. § 115A.9565)

N.        The school district, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries.  The school district may provide financial incentives to any person, including public or private civic groups, to collect the batteries. (Minn. Stat. § 115A.961, Subd. 3)

V.        PROCUREMENT OF RECYCLED COMMODITIES AND MATERIALS

A.        When practicable and when the price of recycled materials does not exceed the price of nonrecycled materials by more than 10 percent, the school district may purchase recycled materials.  In order to maximize the quantity and quality of recycled materials purchased, the school district may also use other appropriate procedures to acquire recycled materials at the most economical cost to the school district.  (Minn. Stat. § 16C.073, Subd.3(a))

B.        When purchasing commodities and services, the school district will apply and promote waste management practices with special emphasis on the reduction of the quantity and toxicity of materials in waste.  (Minn. Stat. § 16C.073, Subd. 3(b))

C.        Whenever practicable, the school district will:

1.         purchase uncoated copy paper, office paper, and printing paper unless the coated paper is made with at least 50 percent postconsumer material;

2.         purchase recycled content copy paper with at least 30 percent postconsumer material by weight and purchase office and printing paper with at least 10 percent postconsumer material by weight;

3.         purchase paper which has not been dyed with colors, excluding pastel colors;

4.         purchase recycled content copy, office, and printing paper that is manufactured using little or no chlorine bleach or chlorine derivatives;

5.         use reusable binding materials or staples and bind documents by methods that do not use glue;

6.         use soy-based inks;

7.         produce reports, publications, and periodicals that are readily recyclable;

8.         purchase paper which has been made on a paper machine located in Minnesota; and

9.         print documents on both sides of the paper where commonly accepted publishing practices allow.

(Minn. Stat. § 16C.073, Subd. 2)

D.        The school district may not use a specified product included on the prohibited products list published in the State Register.  (Minn. Stat. § 115A.9651)

E.         In developing bid specifications, the school district will consider the extent to which a commodity or product is durable, reusable or recyclable, and marketable through applicable local or regional recycling programs and the extent to which the commodity or product contains postconsumer material.  (Minn. Stat. § 16C.073, Subd. 3(b))

F.         When a project involves the replacement of carpeting, the school district may require all persons who wish to bid on the project to designate a carpet recycling company in their bids.  (Minn. Stat. § 16C.073, Subd. 3(b))

VI.       OTHER

The policy of the school district is to actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and state levels.

Source:                       Cambridge-Isanti Schools

Legal References:       Minn. Stat. § 16C.073 (Purchase and Use of Paper Stock; Printing)

Minn. Stat. § 115A.03 (Definitions)

Minn. Stat. § 115A.15 (State Government Resource Recovery)

Minn. Stat. § 115A.151 (State and Local Facilities)

Minn. Stat. § 115A.46 (Requirements)

Minn. Stat. § 115A.471 (Public Entities; Management of Solid Waste)

Minn. Stat. § 115A.915 (Lead Acid Batteries; Land Disposal Prohibited)

Minn. Stat. § 115A.9155 (Disposal of Certain Dry Cell Batteries)

Minn. Stat. § 115A.9157 (Rechargeable Batteries and Products)

Minn. Stat. § 115A.916 (Motor Vehicle Fluids and Filters; Prohibitions)

Minn. Stat. § 115A.931 (Yard Waste Prohibition)

Minn. Stat. § 115A.932 (Mercury Prohibition)

Minn. Stat. § 115A.951 (Telephone Directories)

Minn. Stat. § 115A.9561 (Major Appliances)

Minn. Stat. § 115A.9565 (Cathode-Ray Tube Prohibition)

Minn. Stat. § 115A.961, Subd. 3 (Household Batteries; Collection, Processing, and Disposal)

Minn. Stat. § 115A.9651 (Listed Metals in Specified Products, Enforcement)

Minn. Stat. § 116.93, Subd. 1 (Lamp Recycling Facilities)

Minn. Stat. § 216B.241, Subds. 2 and 4 (Energy Conservation Improvement)

Minn. Stat. § 458D.07 (Sewage Collection and Disposal)

National Solid Waste Management Ass’n v. Williams, et al., 966 F.Supp. 844 (D. Minn. 1997)

Reviewed:                   8-22-02, 6-19-08, 10-22-09, 04-20-17

Approved:                   9-26-02, 7-24-08, 11-19-09, 05-18-17

806 - Crisis Management Policy

POLICY #806

CRISIS MANAGEMENT POLICY



I. PURPOSE

The purpose of this Model Crisis Management Policy is to act as a guide for school district and building administrators, school employees, students, school board members, and community members to address a wide range of potential crisis situations in the school district. The step-by-step procedures suggested by this Policy will provide guidance to each school building in drafting crisis management plans to coordinate protective actions prior to, during, and after any type of emergency or potential crisis situation. Each school district should develop tailored building-specific crisis management plans for each school building in the school district, and sections or procedures may be added or deleted in those crisis management plans based on building needs.

The school district will, to the extent possible, engage in ongoing emergency planning within the school district and with emergency responders and other relevant community organizations. The school district will ensure that relevant emergency responders in the community have access to their building-specific crisis management plans and will provide training to school district staff to enable them to act appropriately in the event of a crisis.

806F - Crisis Management Planning

807 - Health and Safety Policy

POLICY #807

HEALTH AND SAFETY POLICY



I. PURPOSE

The purpose of this policy is to assist the school district in promoting health and safety, reducing injuries, and complying with federal, state, and local health and safety laws and regulations.

808 - Energy Policy

POLICY #808

ENERGY POLICY



I. PURPOSE

The Cambridge-Isanti School District believes that it is important to conserve energy and natural resources while practicing sound financial management. The school district places a high priority on public education providing leadership in developing an energy efficient culture.

It is the policy of the district to involve administration and employees in planning, developing, and implementing energy conservation practices. Energy conservation shall be an integral part of all operations including instruction, food service, athletic events, extracurricular activities, and community use of facilities. The school district’s policy is to assure that all facilities and properties are operated in an energy efficient manner.



The school district administration and staff will work consistently to develop and maintain practices and habits that reduce energy consumption and utility costs while maintaining the quality of the environment in each building.



The school district administration and staff will develop short and long range strategies in the areas of facility management and curriculum development which support energy awareness and efficiency.



The school district will track energy use and cost and communicate results on a regular basis to each district facility.

Energy efficiency will be a major consideration in the new construction or remodeling of district facilities.



The school district encourages all employees to incorporate the energy conservation program into their daily operations. By accepting mutual responsibility to operate in an energy efficient way, employees will contribute to developing an energy efficient culture.

900 - School / Community Relations

The policies in category 800 pertain to the roles and functions for school/community relations for the school district.  

901 - Community Education

POLICY #901

COMMUNITY EDUCATION



I. PURPOSE

The purpose of this policy is to convey to employees and to the general public the important role of Community Education within the school district.

902 - Use of School District Facilities

 

                                                                                                              POLICY #902

USE OF SCHOOL DISTRICT FACILITIES

  1. PURPOSE

The purpose of this policy is to provide guidelines for community use of school facilities. 

II. GENERAL STATEMENT OF POLICY

The school board encourages maximum use of school facilities for community purposes if, in its’ judgment, that use will not interfere with use for school purposes. Use of Cambridge-Isanti Schools’ facilities will be governed by all applicable local, state, and federal laws, rules, and regulations.

III.      SCHEDULING AND RENTING - SCHOOL FACILITIES

The facility use policy and procedures have been written to reaffirm the school board’s belief in the community use of school facilities and to assure the preservation of school facilities for their primary purpose, that of educating the students.  The District may impose reasonable regulations and conditions upon the use of school facilities as it deems appropriate. District administration shall be charged with the process of scheduling rooms and special areas for all use outside the school day. Procedures for providing permits and collection of fees shall be the responsibility of school district administration. Rental rates may be structured to include a pro-rata portion of costs for custodial services that may be needed.

IV.       GENERAL COMMUNITY USE OF SCHOOL FACILITIES

The school board may authorize the use of school facilities by community groups or individuals. Such use will not be considered an endorsement of such organizations, groups or individuals by the school district. The district may impose reasonable regulations and conditions upon the use of school facilities as it deems appropriate.

When emergencies or unusual circumstances arise that necessitate rescheduling the use of school facilities, every effort will be made to find acceptable alternative meeting space.

V.        RULES FOR USE OF FACILITIES

The school board expects members of the community who use facilities and equipment to do so with respect for school district property and an understanding of proper use. Individuals and groups shall be responsible for damage to facilities and equipment. A certificate of insurance may be required by the school district to ensure payment for these damages and any liability for injuries.

Funds received for the leasing and rental of school facilities and equipment shall be distributed as follows:

            A.        General Fund - 88%

            B.        Community Service Fund - 10%

            C.        Equipment Replacement - 2%

Source:                       Cambridge-Isanti Schools

Legal References:      Minn. Stat. § 123B.51 (Schoolhouses and Sites; Access for Noncurricular

                                                Purposes)

Cross References:      Policy 801 (Equal Access to School Facilities)

                                      Policy 901 (Community Education)

Reviewed:                   3-20-97, 11-10-98, 3-17-03, 1-22-04, 05-18-17

Approved:                   12-16-74, 6-16-80, 2-5-85, 4-24-03, 2-19-04, 06-22-17

902R - Community Use of School Facilities Procedure

POLICY #902R

Community Use of School Facilities Procedure



General Statement

The schools and facilities of District #911 belong to all of us. They are one of Cambridge and Isanti’s greatest assets. The District #911 School Board, administrators, and staff believe that the use of these assets is good stewardship and supports and encourages community use. Allowing groups and organizations to utilize school buildings/facilities is an important part of using our community's resources to the fullest extent. In exchange, as a partner, the District requires that permit holders be responsible for the actions of its participants.

Coordinating the use and rental of District #911 buildings, facilities, and equipment will be the responsibility of the Community Education Department.

903 - Visitors to School District Buildings and Sites

POLICY #903

VISITORS TO SCHOOL DISTRICT BUILDINGS AND SITES



I. PURPOSE

The purpose of this policy is to inform the school community and the general public of the position of the school board on visitors to school buildings and other school property.

903.1 - Sales Calls and Demonstrations

POLICY #903.1

SALES CALLS AND DEMONSTRATIONS



I. PURPOSE

To provide a non-intrusive plan for ensuring staff access to educational and supportive materials that will benefit students and/or school programs.

904 - Distribution of Materials on School District Property by Non-School Persons

POLICY #904

DISTRIBUTION OF MATERIALS ON SCHOOL DISTRICT PROPERTY BY NONSCHOOL PERSONS



I. PURPOSE

The purpose of this policy is to provide for distribution of materials appropriate to the school setting by nonstaff and nonstudents on school district property in a reasonable time, place, and manner which does not disrupt the educational program nor interfere with the educational objectives of the school district.

905 - Advertising

POLICY #905

ADVERTISING

I. PURPOSE

The purpose of this policy is to provide guidelines for the advertising or promoting of products or services to students and parents in the schools.

II. GENERAL STATEMENT OF POLICY

The school district’s policy is that the name, facilities, staff, students, or any part of the school district shall not be used for advertising or promoting the interests of a commercial or nonprofit agency or organization except as set forth below.

III. ADVERTISING GUIDELINES

A. School publications, including publications such as programs and calendars, may accept and publish paid advertising provided they receive advance approval from the appropriate administrator. In no instance shall publications accept advertising or advertising images for alcohol, tobacco, drugs, drug paraphernalia, weapons, or obscene, pornographic, or illegal materials. Advertisements may be rejected by the school district if determined to be inconsistent with the educational objectives of the school district or inappropriate for inclusion in the publication. For example, advertisements may be rejected if determined to be false, misleading, or deceptive, or if they relate to an illegal activity or antisocial behavior. The faculty advisor is responsible for screening all such advertising for appropriateness, including compliance with the school district policy prohibiting sexual, racial, and religious harassment.

B. The school board may approve advertising in school district facilities or on school district property. Any approval will state precisely where such advertising may be placed. The restrictions listed in Section A. above will apply. Advertising will not be allowed outside the specific area approved by the school board. Specific advertising must be approved by the superintendent or designee. In no instance will an advertising device be erected or maintained within 100 feet of a school that is visible to and primarily intended to advertise and inform or to attract or which does attract the attention of operators and occupants of motor vehicles, with the exception of school signs providing school related information.

C. Donations which include or carry advertisements must be approved by the school board.

D. The school district or a school may acknowledge a donation it has received from an organization by displaying a “donated by,” “sponsored in part by,” or a similar by-line with the organization’s name and/or symbol on the item. Examples include activity programs or yearbooks.

E. Nonprofit entities and organizations may be allowed to use the school district name, students, or facilities for purposes of advertising or promotion if the purpose is determined to be educationally related and prior approval is obtained from the school board. Advertising will be limited to the specific event or purpose approved by the school board.

F. Contracts for computers or related equipment or services that require advertising to be disseminated to students will not be entered into or permitted unless done pursuant to and in accordance with state law.

G. The inclusion of advertisements in school district publications, in school district facilities, or on school district property does not constitute approval and/or endorsement of any product, service, organization, or activity. Approved advertisements will not imply or declare such approval or endorsement.

IV. ACCOUNTING

Advertising revenues must be accounted for and reported in compliance with UFARS. A periodic report shall be made to the school board by the superintendent or designee regarding the scope and amount of such revenues.

Source: Cambridge-Isanti Schools

Legal References:

  • Minn. Stat. § 123B.93 (Advertising on School Buses)
  • Minn. Stat. § 125B.022 (Contracts for Computers or Related Equipment or Service)
  • Minn. Stat. § 173.08 (Excluded Road Advertising Devices)

Cross References:

  • Policy 421 (Gifts to Employees and School Board Members)
  • Policy 702 (Accounting)

Reviewed: 6-20-02, 09-22-16

Approved: 7-18-02, 10-13-16

906 - Community Notification of Predatory Offenders

POLICY #906

COMMUNITY NOTIFICATION OF PREDATORY OFFENDERS



(Note: School board adoption of a policy regarding a predatory offender notification is discretionary. The Sex Offender Community Notification Act, Minn. Stat. § 244.052, imposes duties on law enforcement agencies but does not impose mandatory notification duties on school districts except as set forth in Paragraph IV.B.6, below.)



I. PURPOSE

The purpose of this policy is to assist school administrators and staff members in responding to a notification by a law enforcement agency that a convicted predatory offender is moving into the school district so that they may better protect individuals in the school's care while they are on or near the school district premises or under the control of the school district.

907 -Rewards

POLICY #907

REWARDS

I. PURPOSE

The purpose of this policy is to authorize the school board to offer rewards to persons who provide accurate and reliable information leading to the conviction of a person who has committed or conspired to commit a crime against students or school employees, volunteers, or school board members as a result of their affiliation with the school district, or against school district property.

II. GENERAL STATEMENT OF POLICY

The school board believes that, in certain circumstances, the offering of a reward may lead to the receipt of information that would solve or prevent a crime against students, school employees, volunteers, school board members, or school district property. The school board also believes that the fact that the school board may offer a reward may have a deterrent effect on the commission of such crimes.

III. APPROVAL OF OFFERING OF REWARDS

The school board shall approve the offering of any rewards by the school district. The approval shall specify the amount of the reward and the crime to which it is applicable. The approval may relate to a specific incident or to a continuing category of crime, i.e., assault of a teacher, damage to school property, etc.

IV. ESTABLISHMENT OF PROCEDURES

The superintendent shall develop directives and procedures to address the timing and method of payment of any reward earned by an information provider. The information provided must have led to the conviction of the person who committed or conspired to commit the crime for which the reward was offered.

Source: Cambridge-Isanti Schools

Legal References: Minn. Stat. § 123B.02, Subd. 22 (Reward)

Reviewed: 4-20-06, 09-22-16

Approved: 5-18-06, 10-13-16

908 - American Indian Committee

POLICY #908

AMERICAN INDIAN COMMITTEE



I. PURPOSE

The American Indian Parent Committee in collaboration with the System Accountability Team of the Cambridge-Isanti School District #911 will continuously review the programs offered by the school district, and will provide input concerning the educational needs of the American Indian children and the needs for adult education programs for American Indian people in this community.

909 - Relations with Colleges and Universities

POLICY #909

RELATIONS WITH COLLEGES AND UNIVERSITIES



I. PURPOSE

The School Board recognizes that staff and students of the district benefit from programs and resources provided by the colleges and universities. This policy is designed to support and facilitate program relationships with post-secondary education institutions.

910 - Public Information Program

POLICY #910

PUBLIC INFORMATION PROGRAM

I. PURPOSE

An effective public relations/communications program is a necessary component of a school system's organization and operation. This policy is designed to provide the foundation for school district public relations and communications.

II. GENERAL STATEMENT OF POLICY

The School Board directs the development, maintenance and operation of a public relations/communications program, and, is committed to providing factual, honest, timely and accurate information.

The school district's public relations/communications program should:

A. Encourage a better understanding of the goals, needs and accomplishments of the total educational program;

B. Be a planned, systematic flow of information between the School Board, Superintendent, district employees, parents, and community members;

C. Use a variety of media including but not limited to, meetings, letters, newspaper articles, news releases, radio and cable TV programs, publications, display signs, the District web site, and personal contacts; and

D. Provide the channels necessary for resolving problems and eliminating misunderstandings.

The school district's public relations/communications program will:

A. Encourage informal, as well as formal, methods of communications;

B. Be a planned, systematic flow of information between the schools employees, parents and community members;

C. Provide clear channels for resolving problems and/or misunderstandings for students, staff, parents, and community members; and

Supplement and support the general public relations/communications program of the school district. The School Board encourages all school employees to participate in positive school-community interaction by communicating pertinent and correct information to community members. This may be at the request of communitymembers or at the initiative of the school employee.

The School Board delegates to the Superintendent the development and coordination of a public relations/communications program in accordance with the above principles and suggestions. This will include foci on both internal and external communication plans.

Source: Cambridge-Isanti Schools

Reviewed: 11-20-89, 04-24-03, 09-22-16

Approved: 07-24-86, 05-22-03, 10-13-16