Hardin Public Schools

POLICY MANUAL

Home of the Bulldogs

Please note that we make an effort to keep the information in this document as accurate and up-to-date as possible. We do not guarantee that at any point in time, all information provided by the district is complete, accurate, and timely. New content is posted as soon as possible. If you have any questions regarding the accuracy of a document, please email jbrott@mtsba.org

Copyright 2015 by the Montana School Boards Association. All rights reserved.

HARDIN PUBLIC SCHOOLS MASTER INDEX

1425 5232 3612P 3431F 4316 5002

3350F 8132 3416 1312 2375 1610 1120 5121 6130 5210 3122 3123 1441 1332 8450 1400 1520 1521 7540 5325 7121 7110 7310 5015 3226 8110 7510 3630 2311F 5140 1230 1511 1130 3417 2250
4333 - 4333P 4330

Abstentions From Voting
Abused and Neglected Child Reporting Acceptable Use of Electronic Networks Accident Report
Accommodating Individuals with Disabilities [Community Relations] Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973
Activities Mandatory Drug Testing Consent Form Activity Trips
Administering Medicines to Students Administrative Procedures Advancement Requirements (9-12) Annual Goals and Objectives Annual Organization Meeting Applicability of Personnel Policies
Assignment and Transfer of Administrative Staff Assignments, Reassignments, Transfers Attendance Policy
Attendance Policy - Truancy Audience Participation Authorization of Signatures
Automatic External Defibrillators (AED) Board Meetings
Board/Staff Communications Board-Superintendent Relationship Bond Compliance Policy Breastfeeding Workplace
Budget Adjustments
Budget and Program Planning
Budget Implementation and Execution Bullying/Harassment/Intimidation Bullying/Harassment/Intimidation/Hazing Bus Routes and Schedules
Capitalization Policy for Fixed Assets
Cell Phones and Other Electronic Equipment
Citizen’s Request for Reconsideration of Instructional Materials Classified Employment and Assignment
Clerk
Code of Ethics for School Board Members Committees/Meetings
Communicable Diseases Community and Adult Education Community Schools’ Program Community Use of School Facilities

1

5336 3120 8440 4332 1512 4320 8102 2330 4520 2312 2312P 3300P 7400 2413 2120 6122 3312 5255 3310P 7251 7251P 4313 3222 6121 6121P 8121 1310 3612

8301 8420 7326 8123
5228 - 5228P

5226 6140

1240 3125 1111 3431 5450 6141 7260
3121 - 3121P 3110

Compensatory Time and Overtime for Classified Employees Compulsory Attendance
Computer Software Conduct on School Property Conflict of Interest
Contact With Students
Contracting for Transportation Services Controversial Issues and Academic Freedom
Cooperative Programs With Other Districts and Public Agencies Copyright
Copyright Compliance
Corrective Actions and Punishment Credit Card Use
Credit Transfer and Assessment for Placement Curriculum Development and Assessment Delegation of Authority
Detention Disciplinary Action
Discipline of Students With Disabilities
Disposal of School District Property Without a Vote Disposal of Surplus Equipment and/or Materials Disruption of School Operations
Distribution and Posting of Materials District Organization
District Organization Chart District-Owned Vehicles District Policy
District-Provided Access to Electronic Information, Services, and Networks
District Safety
District-Wide Asbestos Program Documentation and Approval of Claims Driver Training and Responsibility
Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers
Drug-Free Workplace
Duties and Qualifications of Administrative Staff Other Than Superintendent
Duties of Individual Trustees Education of Homeless Children Election
Emergency Treatment
Employee Electronic Mail and On-Line Services Usage Employment Restrictions for Administrative Personnel Endowments, Gifts, and Investments
Enrollment and Attendance Records Entrance, Placement, and Transfer

2

3210 5010 5420F 6410 1620 1620P 5222 3340 7425 3350
2150 - 2150P 2158
5328 - 5328P 7231 - 7231P 2320
7430 5122 3311 3515 8200 3145 7410 3345 7515 6000 4000 7000 2000 8000 3000 2105 2420 2140 3225F 3420 2335 2410 5510 5120 1621 7520 2311 3612F 1635 2151 4411 5214

Equal Education, Nondiscrimination and Sex Equity Equal Employment Opportunity and Non-Discrimination ESSA Qualifications Notification Request Form Evaluation of Administrative Staff
Evaluation of Board Evaluation of the Board
Evaluation of Non-Administrative Staff
Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use Extra- and Co-Curricular Funds
Extracurricular Activities Drug-Testing Program Extracurricular Program
Family Engagement Policy Family Medical Leave Federal Impact Funds
Field Trips, Excursions, and Outdoor Education Financial Reporting and Audits
Fingerprints and Criminal Background Investigations Firearms and Weapons
Food Allergy Management Food Services
Foreign Exchange Students Fund Accounting System Gambling
GASB 54
Goals [Administration]
Goals [Community Relations] Goals [Financial Management] Goals [Instruction]
Goals [Noninstructional Operations] Goals [Students]
Grade Organization
Grading and Progress Reports Guidance and Counseling
Harassment Reporting Form for Students Head Lice
Health Enhancement
High School Graduation Requirements HIPAA
Hiring Process and Criteria
In-Service Conference for Trustees Independent Investment Accounts Instructional Materials
Internet Access Conduct Agreement Internships
Interscholastic Activities Investigations and Arrests by Police Job-Sharing Staff Members

3

2314 1000 2309
3415-3415P 1513
3125F 8205 1105 5322
Instruction 3416F 3416F1

5250 1420F 2110 8410 1100 5420 2333 5223 7335
5231 - 5231P 5224
6210 7405 7530 8210 6420 2130 5220
2421 - 2421F 8320
7500 4340 4310 4120P 4120 7320 1210 3608 2450 1401 3606F 8430 4550 4410

Learning Materials Review Legal Status and Operation Library Materials
Management of Sports Related Concussions Management Rights
McKinney-Vento Homeless Assistance Dispute Resolution Form Meal Charge Policy
Membership Military Leave Mission Statement
Montana Authorization to Carry and Self-Administer Medication Montana Authorization to Possess and Self-Administer Asthma, Severe Allergy or Anaphylaxis Medication
Non-Renewal of Employment/Dismissal From Employment Notice Regarding Public Comment
Objectives
Operation and Maintenance of District Facilities Organization
Paraprofessionals
Participation in Commencement Exercises Personal Conduct
Personal Reimbursements Personnel Records Political Activity Principals
Procurement Cards
Procurement of Supplies or Services Procurement Policy for Food Service Purchases Professional Growth and Development Program Evaluation and Diagnostic Tests Prohibition on Aiding Sexual Abuse
Promotion and Retention Property Damage Property Records
Public Access to District Records Public Complaints and Suggestions Public Information Program
Public Relations Purchasing
Qualifications, Terms, and Duties of Board Officers Receipt of Confidential Records
Recognition of Native American Cultural Heritage Records Available to Public
Records Certification Records Management Registered Sex Offenders
Relations With Law Enforcement and Child Protective Agencies

4

2332 7250 5232F 1112 5251 5240 5253 7210 8300 4330P 8400 1420 1402 8125 2221 4210 2510 2100
3231 - 3231P 2162 - 2162P 2311P

2310 - 2310P
8425-8425F-8425P 3225
5012 2171
2161 - 2161P 4315

5130 2132 3415F 8124 3310 3224 3520 3530 3410 3413 3221
3600 - 3600P - 3600F 3200
2150
6110 - 6110P 3300
1110

Religion and Religious Activities Rental or Lease of District Property
Report of Suspected Child Abuse or Neglect Resignation [Board]
Resignations [Personnel]
Resolution of Staff Complaints/Problem-Solving Retirement Programs for Employees
Revenues
Risk Management
Rules and Regulations for Building Use Sale of Real Property
School Board Meeting Procedure School Board Use of Electronic Mail School Bus Emergencies
School Closure
School-Support Organizations School Wellness
School Year Calendar and Day Searches and Seizure
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) Selection, Adoption, and Removal of Textbooks and Instructional Materials
Selection of Library Materials Service Animals
Sexual Harassment/Intimidation of Students
Sexual Harassment/Sexual Intimidation in the Workplace Significant Writing Program
Special Education
Spectator Conduct and Sportsmanship for Athletic and Co-Curricular Events
Staff Health
Student and Family Privacy Rights
Student Athlete & Parent/Legal Custodian Concussion Statement Student Conduct on Buses
Student Discipline Student Dress
Student Fees, Fines, and Charges Student Fund-Raising Activities
Student Health/Physical Screenings/Examinations Student Immunization
Student Publications Student Records
Student Rights and Responsibilities Suicide Awareness and Prevention Superintendent
Suspension and Expulsion Taking Office

5

2160 - 2160P 8225
2163 3606 8100 8111 7336 1531 1532 7008 1700 3330 4331
1113 - 1113P 3235
4301 - 4301P 5430
5125 5221 5337

Title I Parent Involvement Tobacco Free Policy Traffic Education
Transfer of Student Records Transportation
Transportation of Students With Disabilities Travel Allowances and Expenses
Trustee Expenses Trustee Insurance Tuition
Uniform Complaint Procedure Use of Alcohol-Sensor Device
Use of School Property for Posting Notices Vacancies
Video Surveillance Visitors to Schools Volunteers
Whistle Blowing and Retaliation Work Day
Workers’ Compensation Benefits

6

HARDIN PUBLIC SCHOOLS R = required
1000 SERIES

THE BOARD OF TRUSTEES

TABLE OF CONTENTS

R 1000	Legal Status and Operation R 1100	Organization
R 1105	Membership 1110	Taking Office 1111	Election
1112	Resignation 1113	Vacancies
1120	Annual Organization Meeting 1130	Committees/Meetings
1210	Qualifications, Terms, and Duties of Board Officers 1230	Clerk
R 1240                                         Duties of Individual Trustees R 1310                                         District Policy and Procedure
1332	Authorization of Signatures R 1400	Board Meetings
1401	Records Available to Public

1402	School Board Use of Electronic Mail R 1420	School Board Meeting Procedure
1425	Abstentions From Voting R 1441	Audience Participation
1511	Code of Ethics for School Board Members 1512	Conflict of Interest
R 1513	Management Rights

1520	Board/Staff Communications

R 1521	Board-Superintendent Relationship 1531	Trustee Expenses
1532	Trustee Insurance

R 1610	Annual Goals and Objectives 1620	Evaluation of Board
1621	In-Service Conference for Trustees 1635	Internships
R 1700	Uniform Complaint Procedure

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1000 4

5	Legal Status and Operation 6

7	The Board of Trustees of Hardin Public Schools, District # 17-H and 1, is the governmental 8	entity established by the state of Montana to plan and direct all aspects of the District’s
9	operations, to the end that students shall have ample opportunity to achieve their individual and 10	collective learning potentials.
11

12	Policies of the Board define its organization and the manner of conducting its official business. 13	The operating policies of the Board are those that it adopts from time to time to facilitate the 14	performance of its responsibilities.
15

16

17

18	Legal Reference: 19
20

§ 20-3-323, MCA § 20-3-324, MCA

District policy and record of acts Powers and duties

21	Policy History: 22	Adopted on:
23	Reviewed on:

24	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1100 4

5	Organization 6

7	The legal name of this District is Hardin Public Schools, District No. 17-H and 1, Big Horn

8	County, State of Montana. The District is classified as a class one (1) district and is operated 9	according to the laws and regulations pertaining to a class one (1) district.
10

11	To achieve its primary goal of providing each child with the necessary skills and attitudes to

12	become an effective citizen, the Board shall exercise the full authority granted to it by the laws of 13	the state. Its legal powers, duties, and responsibilities are derived from the Montana Constitution 14	and state statutes and regulations. School Laws of Montana and the administrative rules of the
15	Board of Public Education and the Office of Superintendent of Public Instruction delineate the 16	legal powers, duties, and responsibilities of the Board.
17

18

19

20	Legal References: 21
22 23
24

§ 20-3-324, MCA § 20-6-101, MCA § 20-6-201, MCA § 20-6-301, MCA

Powers and duties
Definition of elementary and high school districts Elementary district classification
High school district classification

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1105 4

5	Membership 6

7	The District is governed by a Board of Trustees consisting of six (6) members. The powers and 8	duties of the Board include the broad authority to adopt and enforce all policies necessary for the 9	management, operations and governance of the District. Except as otherwise provided by law,
10	trustees shall hold office for terms of three (3) years, or until their successors are elected and 11	qualified. Terms of trustees shall be staggered as provided by law.
12

13	All trustees shall participate on an equal basis with other members in all business transactions 14	pertaining to the high school maintained by the District. Only those trustees elected from the 15	elementary district may participate in business transactions pertaining to the elementary schools 16	maintained by the District.
17

18	Legal References: 19
20 21 22 23 24 25 26 27 28 29 30 31 32 33
34

§ 20-3-301, MCA § 20-3-302, MCA

§ 20-3-305, MCA § 20-3-306, MCA § 20-3-307, MCA § 20-3-341, MCA

§ 20-3-344, MCA

§ 20-3-351, MCA § 20-3-352, MCA

§ 20-3-361, MCA

Election and term of office
Legislative intent to elect less than majority of trustees
Candidate qualification and nomination Conduct of election
Qualification and oath
Number of trustee positions in elementary districts – transition
Nominating of candidates by petition in first-class elementary district
Number of trustee positions in high school districts Request and determination of number of high school district additional trustee positions – nonvoting trustee
Joint board of trustees organization and voting membership

35	Policy History:

36	Adopted on:	August 28, 2007 37	Reviewed on:
38	Revised on:	4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1110 4

5	Taking Office 6

7	A newly elected trustee shall take office as soon as election results have been certified and the 8	newly elected trustee has taken and subscribed to an oath to faithfully and impartially discharge 9	the duties of the office to the best of his/her ability.
10

11	A newly appointed trustee shall take office, after the trustee has taken and subscribed to an oath 12	to faithfully and impartially discharge the duties of the office to the best of his/her ability.
13

14	The person shall qualify by taking an oath of office administered by the county superintendent, 15	the superintendent’s designee, or any officer provided for in 1-6-101, MCA or 2-16-116, MCA. 16	Such oath must be filed with the county superintendent not more than fifteen (15) days after the 17	receipt of the certificate of election or the appointment.
18

19

20	Cross Reference: 21
22

23	Legal References: 24

25 26
27

Policy 1113

§ 1-6-101, MCA § 2-16-116, MCA § 20-1-202, MCA § 20-3-307, MCA

Vacancies

Officers who may administer oaths Power to administer oaths
Oath of office Qualification and oath

28	Policy History: 29	Adopted on:
30	Reviewed on:

31	Revised on:	August 28, 2007, December 11, 2007, July 12, 2011, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES 4

5	Election

1111 page 1 of 2

6

7	Elections conducted by the District are nonpartisan and are governed by applicable election laws 8	as found in Titles 13 & 20 of the Montana Code Annotated. The ballot at such elections may
9	include candidates for trustee positions, various public policy propositions, and advisor 10	questions.
11
12	Board elections shall take place on the first (1st) Tuesday after the first (1st) Monday in May of 13	each year. Any person who is a qualified voter of the District is legally qualified to become a 14	trustee. A declaration of intent to be a candidate must be submitted to the District Clerk at least
15	forty (40) days before the regular school election day. If different terms are to be filled, the term 16	for the position for which the candidate is filing must also be indicated. Any person seeking to 17	become a write-in candidate for a trustee position shall file a declaration of intent no later than 18	5:00 p.m. on the day before the ballot certification deadline in 20-20-401. If the number of
19	candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate is 20	equal to or less than the number of positions to be elected, the trustees may give notice no later 21	than thirty (30) days before the election that a trustee election will not take place. If a trustee
22	election is not held, the trustees shall declare the candidates elected by acclamation and shall 23	issue a “certificate of election” to each candidate.

24

25	A candidate intending to withdraw from the election shall send a statement of withdrawal to the 26	clerk of the district containing all information necessary to identify the candidate and the office 27	for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk 28	of the district. A candidate may not withdraw after 5:00 p.m. the day before the ballot
29	certification deadline in 20-20-401. 30

31	In the event of an unforeseen emergency occurring on the date scheduled for the funding
32	election, the district will be allowed to reschedule the election for a different day of the calendar 33	year.
34

35	In years when the Legislature meets in regular session or in a special session that affects school 36	funding, the trustees may order the election on a date other than the regular school election day 37	in order for the electors to consider a proposition requesting additional funding under § 20-9-
38	353, MCA.

39

40	Legal Reference: 41

42 43 44 45
46

§ 13-10-211, MCA § 20-3-304, MCA § 20-3-305, MCA § 20-3-313, MCA § 20-3-322, MCA

Declaration of intent for write-in candidates Annual election
Candidate qualification, nomination and withdrawal Election by acclamation – notice
Meetings and quorum

1 2
3

4	§ 20-3-322(5), MCA 5

6	§ 20-3-324(4), MCA 7	§ 20-3-344, MCA
8

9	§ 20-9-353, MCA 10

11	§ 20-20-105, MCA 12

13	§ 20-20-204, MCA
14	§ 20-20-301, MCA

1111 page 2 of 2

Meetings and quorum (unforeseen emergency definition)
Powers and duties
Nomination of candidates by petition in first-class elementary district
Additional financing for general fund – election for authorization to impose
Regular school election day and special school elections
Election Notice Qualifications of elector

15

16	Policy History: 17	Adopted on:
18	Reviewed on:
19	Revised on:	August 28, 2007, June 9, 2009, July 12, 2011, 4/8/14, June 23, 2015

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1112 4

5	Resignation 6

7	The resignation of a trustee must be submitted in writing to the Clerk. A resignation is effective 8	seventy-two (72) hours after its submission unless withdrawn during that period by the trustee
9	through written notification of withdrawal made to the Clerk. 10

11	Trustees retiring from the Board may be recognized for their service to the District by 12	presentation of a service plaque or other appropriate activities.
13

14

15

16	Legal Reference: 17
18

§ 2-16-502, MCA § 20-3-308, MCA

Resignations
Vacancy of trustee position

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1113 4

5	Vacancies 6

7	A trustee position becomes vacant before the expiration of a term, when any of the following 8	occurs:
9

10	1.	Death of the trustee;

11	2.	Resignation, in writing, filed with the Clerk;

12	3.	Trustee moves out of the nominating district, establishing residence elsewhere;

13	4.	Trustee is no longer a registered elector of the District under the provisions of § 20-20-14                       301, MCA;
15	5.	Trustee is absent from the District for sixty (60) consecutive days;

16	6.	Trustee fails to attend three (3) consecutive meetings of the trustees without good excuse; 17	7.	Trustee has been removed under the provisions of § 20-3-310, MCA; or
18	8.	Trustee ceases to have the capacity to hold office under any other provision of law. 19	9.	A trustee position also shall be vacant when an elected candidate fails to qualify. 20
21	When a trustee vacancy occurs, the remaining trustees shall declare such position vacant and fill 22	such vacancy by appointment. The Board will receive applications from any qualified persons 23	seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate 24	to fill the position.
25

26	Should the Board fail to fill a vacancy within sixty (60) days from the creation of a vacancy, the 27	county superintendent shall appoint, in writing, a competent person to fill such vacancy. An
28	appointee shall qualify by completing and filing an oath of office with the county superintendent 29	within fifteen (15) days after receiving notice of the appointment and shall serve until the next 30	regularly scheduled school election and a successor has qualified.
31

32

33	Cross Reference: 34
35

1240	Duties of Individual Trustees 1112	Resignations

36	Legal References: 37
38

39

§ 20-3-308, MCA § 20-3-309, MCA

Vacancy of trustee position
Filling vacated trustee position – appointee qualification and term of office

40	Policy History: 41	Adopted on:
42	Reviewed on:

43	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1120 4

5	Annual Organization Meeting 6

7	After issuance of election certificates to newly elected trustees, but no later than 15 days after the 8	election, the Board shall elect from among its members a Chairperson and a Vice Chairperson to 9	serve until the next annual organizational meeting. If a Board member is unable to continue to
10	serve as an officer, a replacement shall be elected at the earliest opportunity to serve the

11	remainder of the term. In the absence of both the Chairperson and the Vice Chairperson, the

12	Board shall elect a Chairperson pro tempore, who shall perform the functions of the Chairperson 13	during the latter’s absence. The Clerk shall act as Board secretary.
14

15	The normal order of business shall be modified for the annual organizational meeting by

16	considering the following matters after the approval of the minutes of the previous meeting: 17

18	1.	Welcome and introduction of newly elected Board members by the current Chairperson 19

20	2.	Swearing in of newly elected trustees 21

22	3.	Call for nominations for Chairperson to serve during the ensuing year 23

24	4.	Election of a Chairperson 25

26	5.	Assumption of office by the new Chairperson 27

28	6.	Call for nominations for Vice Chairperson to serve during the ensuing year 29

30	7.	Election of a Vice Chairperson 31

32	8.	Appointment of a Clerk 33

34

35

36	Legal References: 37
38

39

§ 20-3-321, MCA
§ 20-3-322(a), MCA § 1-5-416(1)(b), MCA

Organization and officers Meetings and quorum
Powers and duties of Notary Public

40	Policy History: 41	Adopted on:
42	Reviewed on:

43	Revised on:	August 28, 2007, July 12, 2011, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1130 4

5	Committees 6

7	Generally, trustees will function as a whole and will not form committees of the Board.

8	Nevertheless the Board may create Board committees as deemed necessary or useful. All

9	committees created by the Board shall comply with the open meeting laws and all other laws 10	applicable to school board meetings.
11

12	Committees of the Board may be created and their purposes defined by a majority of the Board. 13	The Board Chairperson shall appoint trustees to serve on such committees. Trustees serving on 14	committees shall be limited to fewer than one-half (½) of the Board.
15

16 17
18

19	Legal Reference: 20
21 22
23

§ 2-3-203, MCA	Meetings of public agencies and certain associations of public agencies to be open to public – exceptions
Bryan v. Yellowstone (2002), 2002 MT 264 Crofts v. Associated Press (2004), 2004 MT 120

24	Policy History: 25	Adopted on:
26	Reviewed on:

27	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1210 4

5	Qualifications, Terms, and Duties of Board Officers 6

7	The Board officers are the Chairperson and Vice Chairperson. These officers are elected at the annual 8	organizational meeting.
9

10	Chairperson 11
12	The Chairperson may be any trustee of the board, including an additional trustee as provided for in 20-3-13	352(2). If an additional trustee is chosen to serve as the Chairperson of an elementary district described 14	in 20-3-351(1)(a), the additional trustee may not vote on issues pertaining only to the elementary district. 15	The duties of the Chairperson include the following:
16
17		Preside at all meetings and conduct meetings in the manner prescribed by the Board’s policies; 18		Make all Board committee appointments;
19		Sign all papers and documents as required by law and as authorized by action of the Board; 20		Close Board meetings as authorized by Montana law; and
21		Act as spokesperson for the Board. 22

23	The Chairperson is permitted to participate in all Board meetings in a manner equal to all other Board 24	members, including the right to participate in debate and to vote. The Chairperson may not make a 25	motion, but may second motions.
26
27	Vice Chairperson 28
29	The Vice Chairperson shall preside at all Board meetings in the absence of the Chairperson and shall 30	perform all the duties of the Chairperson during the Chairperson’s absence or unavailability. The Vice 31	Chairperson shall work closely with the Chairperson and shall assume whatever duties the Chairperson 32	may delegate.
33

34	Cross Reference: 35
36	Legal References: 37
38 39 40 41 42 43
44

Policy 1120

§ 2-3-203, MCA

§ 20-3-321(2), MCA

§ 20-3-351(1)(a), MCA

§ 20-3-352(2), MCA

Annual Organizational Meeting

Meetings of public agencies and certain associations of public agencies to be open to public – exceptions
Organization and officers
Number of trustee positions in high school districts
Request and determination of number of high school district additional trustee positions – nonvoting trustee

45

46	Policy History: 47	Adopted on: 48	Reviewed on:
49	Revised on:	August 28, 2007, July 12, 2011, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1230 4

5	Clerk 6

7	The Business Manager/Clerk of the Board or the Assistant Business Manager/Clerk shall attend 8	all meetings of the Board, unless excused by the Chairperson, and shall keep an accurate
9	permanent record of all proceedings. The Business Manager/Clerk shall have custody of the 10	records, books, and documents of the Board. In the absence or inability of the Business
11	Manager/Clerk to attend a Board meeting, the trustees will have one (1) of their members or a 12	District employee act as clerk for the meeting, and said person will supply the Business
13	Manager/Clerk with a certified copy of the proceedings. 14

15	The Business Manager/Clerk will keep accurate and detailed accounts of all receipts and

16	disbursements made by the District. The Business Manager/Clerk shall draw and countersign all 17	warrants for expenditures that have been approved by the Board.
18

19	The Business Manager/Clerk will make the preparations legally required for the notice and 20	conduct of all District elections.
21

22	The Business Manager/Clerk shall prepare and submit to the Board a financial report of receipts 23	and disbursements of all school funds on an annual basis, unless the Board requests such reports 24	on a more frequent basis. The Business Manager/Clerk shall perform all functions pertaining to 25	the preparation of school elections. The Business Manager/Clerk shall perform other duties as 26	prescribed by state law or as directed by the Board and the Superintendent.
27

28

29

30	Legal references: 31
32 33 34 35 36 37 38
39

§ 20-3-321, MCA	Organization and officers § 20-3-325, MCA	Clerk of the district
§ 20-4-201, MCA	Employment of teachers and specialists by contract § 20-9-133, MCA	Adoption and expenditure limitations of final
budget
§ 20-9-165, MCA	Budget amendment limitation, preparation, and adoption procedures
§ 20-9-221, MCA	Procedure for issuance of warrants
§ 20-20-401(2), MCATrustees’ election duties – ballot certification

40	Policy History: 41	Adopted on:
42	Reviewed on:

43	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1240 4

5	Duties of Individual Trustees 6

7	The authority of individual trustees is limited to participating in actions taken by the Board as a 8	whole when legally in session. Trustees shall not assume responsibilities of administrators or
9	other staff members. The Board or staff shall not be bound by an action taken or statement made 10	by an individual trustee, except when such statement or action is pursuant to specific instructions 11	and official action taken by the Board.
12

13	Each trustee shall review the agenda and attendant materials in advance of a meeting and shall be 14	prepared to participate in discussion and decision making for each agenda item. Each trustee
15	shall visit every school (except in 1st class districts) at least once per year to examine its 16	management, conditions, and needs.
17

18	All trustees are obligated to attend Board meetings regularly. Whenever possible, a trustee shall 19	give advance notice to the Chairperson or Superintendent, of the trustee’s inability to attend a
20	Board meeting. A majority of the Board may excuse a trustee’s absence from a meeting if 21	requested to do so.
22

23	Board members, as individuals, have no authority over school affairs, except as provided by law 24	or as authorized by the Board.
25

26

27

28	Cross Reference:	1113	Vacancies 29

30	Legal References: 31
32 33
34

§ 20-3-301, MCA § 20-3-308, MCA
§ 20-3-324(21), MCA § 20-3-332, MCA

Election and term of office Vacancy of trustee position Powers and duties
Personal immunity and liability of trustees

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1310 4

5	District Policy and Procedures

6	Adoption and Amendment of Policies 7
8        Proposed new policies and proposed changes to existing policies shall be presented in writing for reading 9        and discussion at a regular or special Board meeting. Interested parties may submit views, present data or
10	arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement

11	by a person, relative to a proposed policy or amendment, should be directed to the District Clerk prior to 12	the final reading. The final vote for adoption shall take place not earlier than at the second (2nd) reading of 13	the particular policy. New or revised policies that are required, or have required language changes based 14	on State or Federal law, or are required changes by administrative rule, may be adopted after the first (1st) 15	reading if sufficient notice has been given through the board agenda.

16

17	All new or amended policies shall become effective on adoption, unless a specific effective date is stated 18	in the motion for adoption.
19

20	Policies, as adopted or amended, shall be made a part of the minutes of the meeting at which action was 21	taken and also shall be included in the District’s policy manual. Policies of the District shall be reviewed 22	on a regular basis.
23

24	Policy Manuals 25
26	The Superintendent shall develop and maintain a current policy manual which includes all policies of the 27	District. Every administrator, as well as staff, students, and other residents, shall have ready access to
28	District policies. 29
30	Suspension of Policies 31
32	Under circumstances that require waiver of a policy, the policy may be suspended by a majority vote of 33	the trustees present. To suspend a policy, however, all trustees must have received written notice of the 34	meeting, which includes the proposal to suspend a policy and an explanation of the purpose of such
35	proposed suspension. 36
37	Administrative Procedures 38
39	The Superintendent shall develop such administrative procedures as are necessary to ensure consistent 40	implementation of policies adopted by the Board.
41

42	When a written procedure is developed, the Superintendent shall submit it to the Board as an information 43	item.
44

45	Legal References:	§ 20-3-323, MCA	District policy and record of acts 46                                                    10.55.701, ARM	Board of Trustees
47	Policy History: 48	Adopted on: 49	Reviewed on:
50	Revised on:	August 28, 2007, 4/8/14, 01/14/15

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1332 4

5	Authorization of Signatures 6

7	For the conduct of the business of the District, the Board may grant authority to specific staff to 8	sign certain documents on behalf of the District. The Chairperson and Business Manager/Clerk 9	are authorized to use a facsimile signature plate or stamp.
10

11	Warrants: The Chairperson and Business Manager/Clerk are authorized to sign all District 12	warrants by facsimile signature on behalf of the Board.
13

14	Claim Forms: Staff employed by the District in the following designated positions are 15	authorized to certify voucher or invoice claims against or for the District:
16

17		Superintendent

18		Business Manager/Clerk

19		Assistant Business Manager/Clerk 20		Purchasing

21

22	Checks: The high school principal is designated as the custodian of each school building

23	extracurricular fund account. The Business Manager/Clerk is designated as the custodian of all 24	District petty cash accounts. Staff employed by the District in the following designated positions 25	are authorized to sign, on behalf of the Board, checks drawn on any specific petty cash account: 26
27		Superintendent

28		Business Manager/Clerk

29		Assistant Business Manager/Clerk

30

31	Contracts for Goods and Services and Leases: The Superintendent is authorized to sign, on

32	behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under 33	Twenty-Five Thousand Dollars ($25,000) without prior approval of the Board. The types of
34	goods and services contracted for must be pre-approved by the Board. 35

36	Personnel Contracts: The Board Chairperson and Business Manager/Clerk are authorized to sign 37	personnel contracts and agreements of employment on behalf of the Board, by facsimile
38	signature. 39

40	Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board 41	Chairperson and the Business Manager/Clerk.
42

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES 4

5	Board Meetings

R

1400 page 1 of 2

6

7	Meetings of the Board and/or committees of the Board must occur at a duly called and legally conducted 8	meeting. “Meeting” is defined as the convening of a quorum of the constituent membership of the Board, 9	whether in person or by means of electronic equipment, to hear, discuss, or act upon a matter over which
10	the Board has supervision, control, jurisdiction, or advisory power. 11
12	Regular Meetings 13
14	Unless otherwise specified, all meetings will take place in the Administrative Office. Regular meetings 15	shall take place at 5:30 p.m. on the second (2nd) and fourth (4th) Tuesday of each month, or at other times 16	and places determined by a majority vote. Except for an unforeseen emergency, meetings must be held in 17	school buildings or, upon the unanimous vote of the trustees, in a publicly accessible building located
18	within the District. If regular meetings are scheduled at places other than as stated above or are adjourned 19	to times other than the regular meeting time, notice of the meeting shall be made in the same manner as 20	provided for special meetings. The Trustees may meet outside the boundaries of the school district for
21        collaboration or cooperation on educational issues with other school boards, educational agencies, or 22        cooperatives. Adequate notice of the meeting as well as an agenda must be provided to the public in
23	advance. Decision making may only occur at a properly noticed meeting held within the school district’s 24	boundaries. When a meeting date falls on a school holiday, the meeting may take place the next business 25	day.

26

27	Emergency Meetings 28
29	In the event of an emergency involving possible personal injury or property damage, the Board may meet 30	immediately and take official action without prior notification.
31

32	Budget Meetings 33
34	Between July 1 and August 10 of each year, the Clerk shall publish a notice stating the date, time, and

35	place trustees will meet for the purpose of considering and adopting a final budget for the District, stating 36	that the meeting of the trustees may be continued from day to day until final adoption of a District budget 37	and that any taxpayer in the District may appear at the meeting and be heard for or against any part of the 38	budget. This notice shall be published in the Big Horn County News.
39

40	On the date and at the time and place stated in the published notice (on or before August 20), trustees 41	shall meet to consider all budget information and any attachments required by law. The meeting may 42	continue from day to day; however, the Board must adopt a final budget not later than August 25.
43

44	Special Meetings 45
46	Special meetings may be called by the Chairperson or by any two (2) trustees. A written notice of a

47	special meeting, stating the purpose of the meeting, shall be delivered to every trustee not less than forty-48	eight (48) hours before the time of the meeting, except that the 48-hour notice is waived in an unforeseen 49	emergency as stated in 20-3-322(5), MCA. Such written notice shall be posted conspicuously within the 50	District in a manner that will receive public attention. Written notice also shall be sent not less than

1	1400 2                                                                                                                                                                                 page 2 of 2 3
4	twenty-four (24) hours prior to the meeting, to each newspaper and radio or television station that has
5	filed a written request for such notices. Business transacted at a special meeting will be limited to that 6	stated in the notice of the
7	meeting. 8
9	Closed Sessions 10
11	Under Montana law, the Board may meet in closed sessions to consider matters of
12	individual privacy. Before closing a meeting, the presiding officer must determine that the demands of 13	individual privacy exceed the merits of public disclosure and so state publicly before going into closed 14	session. The Board also may go into closed session to discuss a strategy to be followed with respect to 15	litigation, when an open meeting would have a detrimental effect on the litigating position of the District. 16	This exception does not apply if the litigation involves only public bodies or associations as parties.
17	Before closing a meeting for litigation purposes, the District may wish to consult legal counsel on the 18	appropriateness of this action. No formal action shall take place during any closed session.
19 20

21

22	Legal References: 23
24 25 26 27 28 29 30 31 32 33
34

§ 2-3-103, MCA

§ 2-3-104, MCA § 2-3-105, MCA § 2-3-201, MCA § 2-3-202, MCA § 2-3-203, MCA

§ 20-1-305, MCA § 20-3-322, MCA § 20-9-115, MCA § 20-9-131, MCA 10.55.701, ARM

Public participation – governor to ensure guidelines adopted
Requirements for compliance with notice provisions Supplemental notice by radio or television Legislative intent – liberal construction
Meeting defined
Meetings of public agencies and certain associations of public agencies to be open to public – exceptions School Holidays
Meeting and quorum
Notice of final budget meeting Final budget meeting
Board of Trustees

35

36	Policy History: 37	Adopted on: 38	Reviewed on:
39	Revised on:	August 28, 2007, June 9, 2009, July 12, 2011, 02/14/2012, 4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1401 4

5	Records Available to Public 6
7	All District records, except those restricted by state and federal law, shall be available to citizens for 8	inspection at the Clerk’s office.
9
10	Any individual may request public information from the district. The district shall make the means of 11	requesting public information accessible to all persons.
12
13	Upon receiving a request for public information, the district shall respond in a timely manner to the 14	requesting person by:
15
16	(a) Making the public information available for inspection and copying by the requesting person; or 17	(b) Providing the requesting person with an estimate of the time it will take to fulfill the request if the 18                      public information cannot be readily identified and gathered and any fees that maybe charged.
19
20	The district may charge a fee for fulfilling a public information request. The fee may not exceed the 21	actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner
22	possible. The fee must be documented. The fee may include the time required to gather public
23	information. The district may require the requesting person to pay the estimated fee prior to identifying 24	and gathering the requested public information.
25
26	The district is not required to alter or customize public information to provide it in a form specified to 27	meet the needs of the requesting person. If the district agrees to a request to customize a records request 28	response, the cost of the customization may be included in the fees charged by the district.
29
30	In accordance with § 20-9-213(1), MCA, the record of the accounting of school funds shall be open to 31	public inspection at any meeting of the trustees. A fee may be charged for any copies requested. Copies 32	will be available within a reasonable amount of time following a request.
33
34	A written copy of Board minutes shall be available to the general public within five (5) working days 35	following approval of the minutes by the Board. If requested, one (1) free copy of minutes shall be 36	provided to local media within five (5) working days following approval by the Board.

37
38	Legal References: 39
40 41 42

§ 2-6-1003, MCA § 2-6-1006, MCA § 20-3-323, MCA § 20-9-213, MCA

Access to Public Information Public Information requests - fees District policy and record of acts Duties of trustees

43
44	Policy History:
45	Adopted on:	August 28, 2007 46	Reviewed on:
47	Revised on:	February 23, 2010, 6/12/2018

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1402 4

5	School Board Use of Electronic Mail 6

7	Use of electronic mail (e-mail) by members of the Board will conform to the same standards of 8	judgment, propriety, and ethics as other forms of school board-related communication. Board 9	members will comply with the following guidelines when using e-mail in the conduct of Board
10	responsibilities: 11

12	1.	The Board will not use e-mail as a substitute for deliberations at Board meetings or for 13                       other communications or business properly confined to Board meetings.
14

15	2.	Board members will be aware that e-mail and e-mail attachments received or prepared for 16                       use in Board business or containing information relating to Board business may be
17	regarded as public records, which may be inspected by any person upon request, unless 18	otherwise made confidential by law.
19

20	3.	Board members will avoid reference to confidential information about employees, 21                       students, or other matters in e-mail communications, because of the risk of improper
22	disclosure. Board members will comply with the same standards as school employees, 23	with regard to confidential information.
24

25

26

27	Cross Reference: 28
29

1400	Board Meetings
1401	Records Available to Public

30	Legal Reference: 31
32 33 34 35
36

§ 2-3-103, MCA

§ 2-3-201, MCA § 2-3-203, MCA

§ 20-3-322, MCA

Public participation – governor to insure guidelines adopted
Legislative intent – liberal construction
Meetings of public agencies and certain associations of public agencies to be open to public – exceptions Meeting and quorum

37	Policy History:

38	Adopted on:	August 28, 2007 39	Reviewed on:
40	Revised on:

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES 4

5	School Board Meeting Procedure 6

7	Agenda

R

1420 page 1 of 3

8
9	The authority to set the board agenda lies with the Board Chair in consultation with board 10	members and the administration. The act of preparing the board meeting agendas can be 11	delegated to the Superintendent.
12	The agenda for any Board meeting shall be prepared by the Superintendent in consultation with the 13	Board Chair.  The Board Chairperson must approve any items submitted by Board members or
14	members of the public, to be placed on the agenda must have prior approval of the Board
15	Chairperson. Citizens may also suggest inclusions on the agenda. Such suggestions must be received 16	by the Superintendent at least ten (10) days before the Board meeting, unless of immediate
17	importance. Individuals who wish to be placed on the Board agenda must also notify the
18	Superintendent, in writing, of the request. The request must include the reason for the appearance. If 19	the reason for the appearance is a complaint against any District employee, the individual filing the 20	complaint must demonstrate that the Uniform Complaint Procedure has been followed.  Citizens
21	wishing to make brief comments about school programs or procedures will follow the public
22	comment procedures in district policy. or items on the agenda need not request placement on the 23	agenda, and may ask for recognition by the Chairperson at the appropriate time.
24
25	The agenda also must include a “public comment” portion to allow members of the general 26	public to comment on any public matter under the jurisdiction of the District which is not 27	specifically listed on the agenda, except that no member of the public will be allowed to
28	comment on contested cases, other adjudicative proceedings, or personnel matters. The Board 29	Chairperson may place reasonable time limits on any “public comment” period to maintain and 30	ensure effective and efficient operations of the Board. The Board shall not take any action on 31	any matter discussed, unless the matter is specifically noticed on the agenda, and the public has 32	been allowed opportunity to comment.
33
34	With consent of a majority of members present, the order of business at any meeting may be 35	changed. Copies of the agenda for the current Board meeting, minutes of the previous Board
36	meeting, and relevant supplementary information will be prepared and distributed to each trustee 37	at least twenty-four (24) hours in advance of a Board meeting and will be available to any
38	interested citizen at the Superintendent’s office twenty-four (24) hours before a Board meeting. 39	An agenda for other types of Board meetings will be prepared, if circumstances require an
40	agenda. 41

42	Minutes 43

44	Appropriate minutes of all meetings required to be open must be kept and must be available for
45	inspection by the public. If an audio recording of a meeting is made and designated as official, the 46	recording constitutes the office record of the meeting. If an official recording is made, a written 47	record of the meeting must also be made and must also include:

1
2	•	Date, time, and place of the meeting; 3	•	Presiding officer;

4 5
6

1420 page 2 of 3

7
8	•	Board members recorded as absent or present;
9	•	Summary of discussion on all matters discussed (including those matters discussed
10	during the “public comment” section), proposed, deliberated, or decided, and a record of 11                      any votes taken;
12	•	Detailed statement of all expenditures;
13	•	Purpose of recessing to closed session; and 14	•	Time of adjournment.

15
16	When issues are discussed that may require a detailed record, the Board may direct the Clerk to 17	record the discussion verbatim. When issues are discussed that may require detailed record, the 18	Board may direct the Clerk to record the discussion verbatim. Such verbatim records shall be
19	maintained on file for a period of five (5) years. Any verbatim record may be destroyed after the 20	minutes have been approved, pursuant to § 20-1-212, MCA.
21
22	If the minutes are recorded and designated as the official record, a log or time stamp for each main 23	agenda item is required for the purpose of providing assistance to the public in accessing that portion 24	of the meeting.
25
26        Unofficial minutes shall be delivered to Board members in advance of the next regularly 27        scheduled meeting of the Board. Minutes need not be read publicly, provided that Board
28	members have had an opportunity to review them before adoption. A file of permanent minutes 29	of Board meetings shall be maintained in the office of the Clerk, to be made available for
30	inspection upon request. A written copy shall be made available within five (5) working days 31	following approval by the Board.
32
33	Quorum 34

35	No business shall be transacted at any meeting of the Board unless a quorum of its members is 36	present. A majority of the full membership of the Board shall constitute a quorum, whether the
37	individuals are present physically or electronically. A majority of the quorum may pass a 38	resolution, except as provided in § 20-4-203(1), MCA, and § 20-4-401(4), MCA.
39
40	Electronic Participation 41

42	The Board may allow members to participate in meetings by telephone or other electronic 43	means. Board members may not simply vote electronically but must be connected with the 44	meeting throughout the discussion of business. If a Board member electronically joins the 45	meeting after an item of business has been opened, the remotely located member shall not 46	participate until the next item of business is opened.

1
2	If the Board allows a member to participate electronically, the member will be considered
3	present and will have his or her actual physical presence excused. The member shall be counted 4

5	1420 6                                                                                                                                                                             page 3 of 3 7
8	present for purposes of convening a quorum. The Clerk will document it in the minutes, when 9	members participate in the meeting electronically.
10
11	Any Board member wishing to participate in a meeting electronically will notify the Chairperson 12	and Superintendent as early as possible. The Superintendent will arrange for the meeting to take 13	place in a location with the appropriate equipment so that Board members participating in the
14	meeting electronically may interact, and the public may observe or hear the comments made. 15

16	The Superintendent will take measures to verify the identity of any remotely located participants. 17

18	Meeting Conduct and Order of Business 19

20	General rules of parliamentary procedure are used for every Board meeting. Robert’s Rules of 21	Order may be used as a guide at any meeting. The order of business shall be reflected on the 22	agenda. The use of proxy votes shall not be permitted. Voting rights are reserved to those
23	trustees in attendance. Voting shall be by acclamation or show of hands. 24

25	Rescind a Motion 26

27	A motion to rescind (cancel previous action) may be made anytime by any trustee. A motion to
28	rescind must be properly noticed on the Board’s agenda for the meeting. It is in order any time prior 29	to accomplishment of the underlying action addressed by the motion.
30

31

32	Cross Reference:	1441	Audience Participation

33

34	Legal References: 35

36 37 38 39 40
41

§ 2-3-103, MCA	 Public participation - governor to ensure guidelines adopted
§ 2-3-202, MCA	Meeting defined
§ 2-3-212, MCA	Minutes of meetings – public inspection § 20-1-212, MCA	Destruction of records by school officer § 20-3-322, MCA	Meetings and quorum
§ 20-3-323, MCA	District policy and record of acts Jones and Nash v. Missoula Co., 2006 MT2, 330 Mont 2005

42

43	Policy History: 44	Adopted on:
45	Reviewed on:
46	Revised on:	August 28, 2007, September 14, 2010, July 12, 2011

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1425 4

5	Abstentions From Voting 6

7	Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting 8	records of each trustee present. As a general rule trustees should vote on all issues, unless
9	casting a vote would be a violation of law. Under Montana law, instances in which it would be 10	unlawful or inappropriate for a trustee to cast a vote on a particular issue include but are not
11	necessarily limited to the following: 12

13	1.	When hiring the relative of a trustee; 14

15	2.	When casting a vote would directly and substantially affect, to its economic benefit, a 16                       business or other undertaking in which the trustee either has a substantial financial
17	interest or in which the trustee is engaged as counsel, consultant, representative, or agent; 18

19	3.	When casting a vote would directly and substantially affect a business or other

20	undertaking to its economic detriment, where a trustee has a substantial personal interest 21	in a competing firm or undertaking;
22

23	4.	When casting a vote would cause a trustee to have a pecuniary interest, either directly or 24                       indirectly, in a contract made by the trustee (while acting in the trustee’s official
25	capacity) or by the Board; and 26

27	5.	When casting a vote would put the trustee in the position of an agent or solicitor in the 28                       sale or supply of goods or services to the District.
29

30	In addition, a trustee shall be allowed to abstain from voting to avoid the appearance of

31	impropriety or the appearance of a perceived conflict. If a trustee abstains from voting, the

32	abstention should be recorded in the minutes and may include an explanation of the reasons for 33	the abstention. The Board discourages abstentions, unless the reasons are substantiated as
34	provided herein. 35

36	Legal References: 37
38 39 40 41 42 43 44 45 46
47

§ 2-2-302, MCA

§ 20-3-323, MCA § 2-2-121, MCA

§ 2-2-105, MCA

§ 20-9-204, MCA

§ 20-1-201, MCA

Appointment of relative to office of trust or emolument unlawful – exceptions – publication of notice
District policy and record of acts
Rules of conduct for public officers and public employees
Ethical requirements for public officers and public employees
Conflicts of interests, letting contracts, and calling for bids
School officers not to act as agents

48	Policy History:

49	Adopted on:	August 28, 2007 50	Reviewed on:
51	Revised on:

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1441 4

5	Audience Participation 6

7	The Board recognizes the value of public comment on educational issues and the importance of 8	involving members of the public in its meetings. The Board also recognizes the statutory and
9	constitutional rights of the public to participate in governmental operations. To allow fair and

10	orderly expression of public comments, the Board will permit public participation through oral or 11	written comments during the “public comment” section of the Board agenda and prior to a final 12	decision on a matter of significant interest to the public. The Chairperson may control such
13	comment to ensure an orderly progression of the meeting. 14

15	Individuals wishing to be heard by the Chairperson shall first be recognized by the Chairperson. 16	Individuals, after identifying themselves, will proceed to make comments as briefly as the
17	subject permits. The Chairperson may interrupt or terminate an individual’s statement when 18	appropriate, including when statements are out of order, too lengthy, personally directed,
19	abusive, obscene, or irrelevant. The Board as a whole shall have the final decision in

20	determining the appropriateness of all such rulings. It is important for all participants to

21	remember that Board meetings are held in public but are not public meetings. Members of 22	the public shall be recognized and allowed input during the meeting, at the discretion of the 23	Chairperson.
24

25

26

27	Cross Reference:	1420	School Board Meeting Procedure 28

29	Legal Reference: 30
31

32

Article II, Section 8, Montana Constitution – Right of participation Article II, Section 10, Montana Constitution – Right of privacy
§§ 2-3-101, et seq., MCA	Right of participation

33	Policy History: 34	Adopted on:
35	Reviewed on:

36	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1511 4

5	Code of Ethics for School Board Members 6

7	AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE 8	PUBLIC EDUCATION, AND TO THAT END I WILL:
9

10	Attend all regularly scheduled Board meetings insofar as possible and become informed 11	concerning the issues to be considered at those meetings;
12

13	Recognize that I should endeavor to make policy decisions only after full discussion at public 14	Board meetings;
15

16	Make all decisions based on available facts and my independent judgment and refuse to 17	surrender that judgment to individuals or special interest groups;
18

19	Encourage the free expression of opinion by all Board members and seek systematic

20	communications between the Board and students, staff, and all elements of the community; 21

22	Work with other Board members to establish effective Board policies and to delegate authority 23	for administration to the Superintendent;
24

25	Recognize and respect the responsibilities that properly are delegated to the Superintendent; 26

27	Communicate to the Superintendent expression of public reaction to Board policies, school 28	programs, or staff;
29

30	Inform myself about current educational issues, by individual study and through participation in 31	programs providing needed information, such as those sponsored by the Montana and National 32	School Boards Associations;
33

34	Support the employment of those persons best qualified to serve as school staff and insist on 35	regular and impartial evaluation of staff;
36

37	Avoid being placed in a position of conflict of interest and refrain from using my Board position 38	for personal or partisan gain;
39

40	Avoid compromising the Board or administration by inappropriate individual action or

41	comments and respect the confidentiality of information that is privileged under applicable law; 42

43	Remember always that my first and greatest concern must be the educational welfare of students 44	attending public schools.
45

46	Policy History: 47	Adopted on:
48	Reviewed on:

49	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES 4

5	Conflict of Interest 6

7	A trustee may not:

8

1512 page 1 of 3

9	1.	Engage in a substantial financial transaction for the trustee’s private business purpose, 10                       with a person whom the trustee inspects or supervises in the course of official duties. 11
12	2.	Perform an official act directly and substantially affecting, to its economic benefit, a 13                       business or other undertaking in which the trustee either has a substantial financial 14                       interest or is engaged as counsel, consultant, representative, or agent.
15

16	3.	Act as an agent or solicitor in the sale or supply of goods or services to a district. 17

18	4.	Have a pecuniary interest, directly or indirectly, in any contract made by the Board, when 19                       the trustee has more than a ten percent (10%) interest in the corporation. A contract does 20                       not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments 21                       or deposits in financial institutions that are in the business of loaning or receiving money, 22                       when such investments or deposits are made on a rotating or ratable basis among
23	financial institutions in the community or when there is only one (1) financial institution 24	in the community; or 3) contracts for professional services other than salaried services or 25	for maintenance or repair services or supplies when the services or supplies are not
26	reasonably available from other sources, if the interest of any Board member and a

27	determination of such lack of availability are entered in the minutes of the Board meeting 28	at which the contract is considered.
29

30	5.	Be employed in any capacity by the District, with the exception of officiating at athletic 31                       competitions under the auspices of the Montana officials association.
32

33	6.	Appoint to a position of trust or emolument any person related or connected by
34	consanguinity within the fourth (4th) degree or by affinity within the second (2nd) degree.

35

36	a.	This prohibition does not apply to the issuance of an employment contract to a

37	person as a substitute teacher who is not employed as a substitute teacher for more 38	than thirty (30) consecutive school days.
39	b.	This prohibition does not apply to the renewal of an employment contract of a 40                                     person related to a Board member, who was initially hired before the Board 41                                     member assumed the trustee position.
42	c.	This prohibition does not apply if trustees comply with the following

43	requirements: 1) All trustees, except the trustee related to the person to be

44	employed or appointed, vote to employ the related person; 2) the trustee related to 45	the person to be employed abstains from voting; and 3) the trustees give fifteen
46

1	1512 2                                                                                                                                                                                  page 2 of 3 3
4	(15) days written notice of the time and place of their intended action in a 5	newspaper of general circulation in the county where the school is located. 6
7	Degrees of Affinity 8

9	Affinity is the legal relationship arising as the result of marriage. Relationship by affinity

10	terminates upon the death of one of the spouses or other dissolution of marriage, except when the 11	marriage has resulted in issue still living.
12

13	Degrees of Consanguinity 14

15	4
16	Great Great Grandparent

17

18	3
19	Great Grandparent

20

5
Great Great Uncle

21	2
22	Grandparent

23

4 Great Uncle

6
Child of Great Uncle

24	1 25                        Parent

26

27	Appointing 28             Power
29

3	5
Uncle	Child of GG Uncle

7
Grandchild of GG Uncle

30	2 31                                             Brother

32

4
1st Cousin

6
2nd Cousin

8
3rd Cousin

33	1 34                         Child

35

36

3	5 Nephew                      1st Cousin
once removed

7 2nd Cousin
once removed

37	2
38	Grandchild

39

40

4 Grand Nephew

6
1st Cousin

twice removed

41	3
42	Great Grandchild

43

5
Great Grand Nephew

44	4
45	Great Great Grandchild

46

1 2
3

4	Degrees of Affinity 5

6 7 8 9 10
11
12	1
13	Father-in-law

14
15	Spouse of 16	Appointing 17	Power
18
19	1
20	Step Child

21 22 23 24 25 26 27 28
29

3
Great Grandfather-in-law

2 Grandfather-in-law

3 Uncle-in-law

2 Brother-in-law

3 Nephew-in-law

2
Step Grandchild

3
Step Great Grandchild

1512 page 3 of 3

30	Policy History: 31	Adopted on:
32	Reviewed on:

33	Revised on:	August 28, 2007, June 9, 2009

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1513 4

5	Management Rights 6

7	The Board retains the right to operate and manage its affairs in such areas as but not limited to: 8

9	1.	Direct employees; 10

11	2.	Employ, dismiss, promote, transfer, assign, and retain employees; 12

13	3.	Relieve employees from duties because of lack of work or funds under conditions where 14                       continuation of such work would be inefficient and nonproductive;
15

16	4.	Maintain the efficiency of District operations; 17

18	5.	Determine the methods, means, job classifications, and personnel by which District 19                       operations are to be conducted;
20

21	6.	Take whatever actions may be necessary to carry out the missions of the District in 22                       situations of emergency;
23

24	7.	Establish the methods and processes by which work is performed. 25

26	The Board reserves all other rights, statutory and inherent, as provided by state law. 27

28	The Board also reserves the right to delegate authority to the Superintendent for the ongoing 29	direction of all District programs.
30

31

32

33	Cross Reference:	6110	Superintendent 34

35	Legal Reference: 36
37

§ 20-3-324, MCA § 39-31-303, MCA

Powers and duties
Management rights of public employers

38	Policy History: 39	Adopted on:
40	Reviewed on:

41	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1520 4

5	Board/Staff Communications 6

7	Every reasonable means of communication is encouraged throughout the education community. 8	Nevertheless, an organization must maintain some order and structure to promote efficient and 9	effective communications.
10

11	Staff Communications to the Board 12

13	All official communications or reports to the Board, from principals, supervisors, teachers, or 14	other staff members, shall be submitted through the Superintendent. This procedure shall not 15	deny any staff member the right to appeal to the Board from administrative decisions, provided 16	that the Superintendent shall have been notified of the forthcoming appeal and that it is
17	processed according to the applicable procedures for complaints and grievances. 18

19	Board Communications to Staff 20

21	All official communications, policies, and directives of staff interest and concern will be

22	communicated to staff members through the Superintendent. The Superintendent will employ all 23	such media as are appropriate to keep staff fully informed of Board concerns and actions.
24

25	Visits to Schools 26

27	Each trustee shall visit every school of the District at least once each school fiscal year to

28	examine its condition and needs. As a courtesy, individual Board members interested in visiting 29	schools should make arrangements for visitations through the principals of the various schools. 30	Such visits shall be regarded as informal expressions of interest in school affairs and not as
31	“inspections” or visits for supervisory or administrative purposes. 32

33	Social Interaction 34

35	Staff and Board members share a keen interest in schools and education. When they meet at 36	social affairs and other functions, informal discussion about such matters as educational trends, 37	issues, and innovations and general District problems can be anticipated. Discussions of
38	personalities or staff grievances are not appropriate. 39

40

41	Legal Reference:	§ 20-3-324(21), MCA	Powers and duties 42

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1521 4

5	Board-Superintendent Relationship 6

7	The Board-Superintendent relationship is based on mutual respect for their complementary roles. 8	The relationship requires clear communication of expectations regarding the duties and
9	responsibilities of both the Board and the Superintendent. 10

11	The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District 12	chief executive officer. The Board adopts policies necessary to provide the general direction for 13	the District and to encourage achievement of District goals. The Superintendent develops plans, 14	programs, and procedures needed to implement the policies and directs the District’s day-to-day 15	operations.
16

17

18

19	Cross Reference:	6110	Superintendent 20

21	Legal Reference: 22
23 24
25

§ 20-4-401, MCA

§ 20-4-402, MCA

Appointment and dismissal of district superintendent or county high school principal Duties of district superintendent or county high school principal

26	Policy History: 27	Adopted on:
28	Reviewed on:

29	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1531 4

5	Trustee Expenses 6

7	Expenses for Board Members - In-District 8

9	A trustee shall not receive remuneration for service as a trustee. Trustees living more than three 10	(3) miles from the meeting place shall be entitled to be reimbursed for mileage at the rate
11	stipulated in § 2-18-503, MCA, for each mile of travel between their homes and the meeting 12	place for each meeting of the Board or for any meeting called by the county superintendent. 13	Reimbursement may be paid as the travel is assumed or may accumulate until the end of the 14	fiscal year, at the discretion of the trustee.
15

16	Expenses for Board Members at Out-of-District Meetings 17

18	Trustees normally attend workshops, training institutes, and conferences at both the state and 19	national levels. The District will pay all legitimate costs for trustees to attend out-of-District 20	meetings, at established rates for reimbursement set by the District:
21

22	1.	Transportation as approved by the Board; 23

24	2.	On-site transportation during the course of the meeting, i.e., bus, taxi, or rental car; 25

26	3.	Hotel or motel costs for trustee, at a single room rate; 27

28	4.	Reasonable expenses for meals; 29

30	5.	Telephone services for necessary communications with business or family, resulting from 31                       the trustee being away from Hardin;
32

33	6.	Incidental expenditures for tips and other necessary costs attributable to the trustee’s

34	attendance at a meeting; however, the District will not reimburse or pay for such items as 35	liquor, expenses of a spouse, separate entertainment, or other unnecessary expenditures. 36

37

38

39	Cross Reference:	7336	Travel Allowances and Expenses 40

41	Policy History: 42	Adopted on:
43	Reviewed on:

44	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1532 4

5	Trustee Insurance 6

7	The District shall maintain sufficient insurance to protect the Board and its individual members 8	against liability arising from actions of the Board or its individual members while each is acting 9	on behalf of the District and within the trustee’s authority.
10

11	An additional trustee, as provided for in 20-3-352(2), who is chosen as a nonvoting chairperson 12	of the board of an elementary district is entitled to all of the immunization, defenses, and
13	indemnifications as described in 20-3-322, MCA. 14

15	Legal References: 16
17 18 19
20

§ 20-3-331, MCA § 20-3-332, MCA
§ 20-3-352(2), MCA

Purchase of insurance – self-insurance plan Personal immunity and liability of trustees Request and determination of number of high school district additional trustee positions – nonvoting trustee

21	Policy History: 22	Adopted on:
23	Reviewed on:

24	Revised on:	August 28, 2007, July 12, 2011

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1610 4

5	Annual Goals and Objectives 6

7	Each year, between the dates of January 1 and March 30, the Board will formulate or review the 8	annual objectives for the District and will have available a written comprehensive philosophy of 9	education with goals that reflect the District’s philosophy of education. The philosophy of
10	education and goals shall be in writing and shall be available to all. 11

12	At the conclusion of the year, the administration shall submit a report to the Board which reflects 13	the degree to which annual objectives have been accomplished.
14

15

16

17	Legal Reference:	10.55.701, ARM	Board of Trustees 18

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007, September 25, 2012

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1620 4

5	Evaluation of Board 6

7	At the conclusion of each year, the Board may evaluate its own performance in terms of 8	generally accepted principles of successful Board operations.
9

10	The Board may choose to evaluate the effectiveness of the processes it employs in carrying out 11	the responsibilities of the District. Those processes include but are not limited to: team building, 12	decision making, functions planning, communications, motivation, influence, and policy.
13

14

15

16	Policy History: 17	Adopted on:
18	Reviewed on:

19	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1621 4

5	In-Service Conference for Trustees 6

7	In keeping with the need for continued boardsmanship development, the Board encourages the 8	participation of its members at appropriate Board conferences, workshops, conventions, and
9	District-sponsored in-service training sessions. Funds for participation at such meetings will be 10	budgeted on an annual basis.
11

12

13

14	Policy History: 15	Adopted on:
16	Reviewed on:

17	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	BOARD OF TRUSTEES	1635 4

5	Internships 6

7	Internship means an agreement between a fully licensed Class 1, 2, or 3 educator, the school 8	district, and a Montana accredited educator preparation program. Internships are permitted in 9	endorsement areas approved by the Board of Public Education.
10

11	The Board recognizes the need to provide training opportunities for prospective teachers and 12	administrators. Internships for those in the process of acquiring teaching endorsements and/or 13	administrative credentials shall be considered and approved on an individual basis. The
14	Superintendent or designee involved will review the internship proposal with the candidate and 15	the university representative, much in the same manner as student teachers are assigned.
16

17	As part of an internship agreement, the parties must agree to the following: 18

19	(a) the intern will complete the requirements for the appropriate endorsement within three years; 20	(b) the school district will provide local supervision and support of the intern; and
21	(c) the accredited educator preparation program will approve the coursework and provide support 22	and periodic supervision.
23

24	A superintendent intern shall be supervised throughout the year by a licensed and endorsed

25	superintendent contracted by the district, including participation in, and review of, and written 26	concurrence in all performance evaluations of licensed staff completed by the intern.
27

28	An emergency authorization of employment granted by the Superintendent of Public Instruction 29	pursuant to §20-4-111, MCA is not a license; therefore is not eligible for an internship.
30

31	Legal Reference: 32
33 34 35 36 37 38 39
40

§ 20-4-111, MCA ARM 10.55.602 ARM 10.55.607 ARM 10.55.702

ARM 10.57.412 ARM 10.57.413

Emergency authorization of employment Definitions
Internships
Licensure and duties of District Administrator – District Superintendent Class 1 and 2 Endorsements
Class 3 Administrative License

41	Policy History:

42	Adopted on:	August 28, 2007 43	Reviewed on:
44	Revised on:	4/8/14

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES 4

5	Uniform Complaint Procedure

6

R

1700 page 1 of 3

7	The Board establishes this Uniform Complaint Procedure as a means to address complaints 8	arising within the District. This Uniform Complaint Procedure is intended to be used for all
9	complaints except those involving challenges to educational material and those governed by a 10	collective bargaining agreement.
11

12	The District requests all individuals to use this complaint procedure, when the individual

13	believes the Board or its employees or agents have violated the individual’s rights under: (1) 14	Montana constitutional, statutory, or administrative law; (2) United States constitutional,
15	statutory, or regulatory law; or (3) Board policy. 16

17	The District will endeavor to respond to and resolve complaints without resorting to this formal 18	complaint procedure and, when a complaint is filed, to address the complaint promptly and
19	equitably. The right of a person to prompt and equitable resolution of a complaint filed

20	hereunder will not be impaired by a person’s pursuit of other remedies. Use of this complaint 21	procedure is not a prerequisite to pursuit of other remedies, and use of this complaint procedure 22	does not extend any filing deadline related to pursuit of other remedies.
23

24	The Superintendent has the authority to contract with an independent investigator at any time 25	during the complaint procedure process. Within fifteen (15) calendar days of the
26	Superintendent’s receipt of the independent investigator’s report and recommendation, the 27	Superintendent will respond to the complaint and take such administrative steps as the
28	Superintendent deems appropriate and necessary. 29

30	Level 1: Informal 31

32        An individual with a complaint is first encouraged to discuss it with the appropriate teacher, 33        counselor, or building administrator, with the objective of resolving the matter promptly and
34	informally. An exception is that a complaint of sexual harassment should be discussed directly 35	with an administrator not involved in the alleged harassment.
36

37	Level 2: Building Administrator 38

39	When a complaint has not been or cannot be resolved at Level 1, an individual may file a signed 40	and dated written complaint stating: (1) the nature of the complaint; (2) a description of the
41	event or incident giving rise to the complaint, including any school personnel involved; and (3) 42	the remedy or resolution requested. This written complaint must be filed within thirty (30)
43	calendar days of the event or incident or from the date an individual could reasonably become 44	aware of such event or incident.
45

46

1	1700 2                                                                                                                                                                                  page 2 of 3 3
4	When a complaint alleges violation of Board policy or procedure, the building administrator will 5	investigate and attempt to resolve the complaint. The administrator will respond in writing to the 6	complaint, within thirty (30) calendar days of the administrator’s receipt of the complaint.
7

8        If either the complainant or the person against whom the complaint is filed is dissatisfied with 9        the administrator’s decision, either may request, in writing, that the Superintendent review the 10        administrator’s decision. (See Level 3.) This request must be submitted to the Superintendent
11	within fifteen (15) calendar days of the administrator’s decision. 12

13	When a complaint alleges sexual harassment or a violation of Title IX of the Education

14	Amendments of 1972 (the Civil Rights Act), Title II of the Americans with Disabilities Act of 15	1990, or Section 504 of the Rehabilitation Act of 1973, the building administrator may turn the 16	complaint over to a District nondiscrimination coordinator. The coordinator will complete an
17	investigation and file a report and recommendation with the Superintendent. A coordinator may 18	hire, with the approval of the Superintendent, an independent investigator to conduct the
19	investigation. Within fifteen (15) calendar days of the Superintendent’s receipt of the

20	coordinator’s or independent investigators report and recommendation, the Superintendent will 21	respond to the complaint and take such administrative steps as the Superintendent deems
22	appropriate and necessary. If either the complainant or the person against whom the complaint is 23	filed is dissatisfied with the Superintendent’s decision, either may request, in writing, that the
24	Board consider an appeal of the Superintendent’s decision. (See Level 4.) This request must be 25	submitted in writing to the Superintendent, within fifteen (15) calendar days of the
26	Superintendent’s written response to the complaint, for transmission to the Board. 27

28	Level 3: Superintendent 29

30	If either the complainant or the person against whom the complaint is filed appeals the

31	administrator’s decision provided for in Level 2, the Superintendent will review the complaint 32	and the administrator’s decision. The Superintendent will respond in writing to the appeal,
33	within thirty (30) calendar days of the Superintendent’s receipt of the written appeal. In

34	responding to the appeal, the Superintendent may: (1) meet with the parties involved in the 35	complaint; (2) conduct a separate or supplementary investigation; (3) engage an outside
36	investigator or other District employees to assist with the appeal; and/or (4) take other steps 37	appropriate or helpful in resolving the complaint.
38

39	If either the complainant or the person against whom the complaint is filed is dissatisfied with 40	the Superintendent’s decision, either may request, in writing, that the Board consider an appeal
41	of the Superintendent’s decision. (See Level 4.) This request must be submitted in writing to the 42	Superintendent, within fifteen (15) calendar days of the Superintendent’s written response to the 43	complaint, for transmission to the Board.
44

45 46

1 2
3

4	Level 4: The Board

5

1700 page 3 of 3

6        Upon written appeal, the Board will consider the Superintendent’s decision in Level 2 or 3. 7        Upon receipt of written request for appeal, the Chair will either: (1) place the appeal on the
8	agenda of a regular or special Board meeting; or (2) appoint an appeals panel of not less than 9	three (3) trustees to hear the appeal and make a recommendation to the Board. If the Chair
10	appoints a panel to consider the appeal, the panel will meet to consider the appeal and then make 11	written recommendation to the full Board. The Board will report its decision on the appeal, in 12	writing, to all parties, within thirty (30) calendar days of the Board meeting at which the Board 13	considered the appeal or the recommendation of the panel. A decision of the Board is final,
14	unless it is appealed pursuant to Montana law within the period provided by law. 15

16	Level 5: County Superintendent 17

18	When a matter falls within the jurisdiction of a county superintendent of schools, the decision of 19	the Board may be appealed to the county superintendent by filing written appeal within thirty
20	(30) calendar days of the Board’s decision, pursuant to Montana law. 21

22

23

24	Legal Reference: 25
26

27

Title IX of the Education Amendments of 1972 (Civil Rights Act) Title II of the Americans with Disabilities Act of 1990
§ 504 of the Rehabilitation Act of 1973

28	Policy History:

29	Adoption on: August 28, 2007 30	Reviewed on:
31	Revised on:	April 14, 2009

HARDIN PUBLIC SCHOOLS R = required
2000 SERIES INSTRUCTION

TABLE OF CONTENTS

Mission Statement R 2000	Goals
R 2100	School Year Calendar and Day R 2105	Grade Organization
2110	Objectives
R 2120	Curriculum Development and Assessment 2130	Program Evaluation and Diagnostic Tests
R 2132	Student and Family Privacy Rights 2140	Guidance and Counseling
2150                                        Extracurricular Program 2151                                        Interscholastic Activities
R 2152	Suicide Awareness and Prevention R 2158	Family Engagement Policy
R 2160	Title I Parent Involvement R 2161	Special Education
R 2162	Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 2163	Traffic Education
2170	Montana Digital Academy Classes R 2171	Significant Writing Program
2221	School Closure
R 2250	Community and Adult Education R 2309	Library Materials
R 2310	Selection of Library Materials R 2311	Instructional Materials
R 2312	Copyright
R 2314	Learning Materials Review
2320	Field Trips, Excursions, and Outdoor Education R 2330	Controversial Issues and Academic Freedom
2332	Religion and Religious Activities
R 2333	Participation in Commencement Exercises 2335	Health Enhancement
2375	Advancement Requirements (9-12) 2410	High School Graduation Requirements
R 2413	Credit Transfer and Assessment for Placement 2420	Grading and Progress Reports
2421	Promotion and Retention
R 2450	Recognition of Native American Cultural Heritage R 2510	School Wellness

1	Hardin Public Schools	R 2

3	INSTRUCTION	2000 4

5	Goals 6

7	The District’s educational program will seek to provide an opportunity for each child to develop 8	to his or her maximum potential. The objectives for the educational program are:
9

10		To foster self-discovery, self-awareness, and self-discipline.

11		To develop an awareness of and appreciation for cultural diversity. 12		To stimulate intellectual curiosity and growth.
13		To provide fundamental career concepts and skills.

14		To help the student develop sensitivity to the needs and values of others and respect for

15	individual and group differences.
16		To help each student strive for excellence and instill a desire to reach the limit of his or 17                       her potential.
18		To develop the fundamental skills which will provide a basis for lifelong learning. 19		To be free of any sexual, cultural, ethnic, or religious bias.

20

21	The administrative staff is responsible for apprising the Board of the educational program’s 22	current and future status. The Superintendent should prepare an annual report that includes: 23

24		A review and evaluation of the present curriculum; 25		A projection of curriculum and resource needs;
26		An evaluation of, and plan to eliminate, any sexual, cultural, ethnic, or religious bias that

27	may be present in the curriculum or instructional materials and methods; 28        	A plan for new or revised instructional program implementations; and 29        	A review of present and future facility needs.

30 31
32

33	Legal Reference	10.55.701, ARM	Board of Trustees 34

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5

6	School Year Calendar and Day 7

8	School Calendar

9

R

2100 Page 1 of 2

10	Subject to §§ 20-1-301 and 20-1-308, MCA, and any applicable collective bargaining agreement 11	covering the employment of affected employees, the trustees of a school district shall set the
12	number of hours in a school term, the length of the school day, and the number of school days in 13	a school week. When proposing to adopt changes to a previously adopted school term, school 14	week, or school day, the trustees shall: (a) negotiate the changes with the recognized collective 15	bargaining unit representing the employees affected by the changes; (b) solicit input from the
16	employees affected by the changes but not represented by a collective bargaining agreement; (c) 17	and from the people who live within the boundaries of the school district.
18

19	Commemorative Holidays 20

21	Teachers and students will devote a portion of the day on each commemorative holiday

22	designated in § 20-1-306, MCA, to study and honor the commemorated person or occasion. The 23	Board may from time to time designate a regular school day as a commemorative holiday.
24

25	Saturday School 26

27	Pupil instruction may be held on a Saturday at the discretion of a school district for the purpose 28	of providing additional pupil instruction, provided that: (a) Saturday school is not a pupil-
29	instruction day and does not count toward the minimum aggregate hours of pupil instruction; and 30	(b) student attendance is voluntary.
31

32	School Fiscal Year 33

34	At least the minimum number of aggregate hours must be conducted during each school fiscal 35	year. The minimum aggregate hours required by grade are:
36	(a)	A minimum of 360 aggregate hours for a kindergarten program; 37	(b)	720 hours for grades 1 through 3;
38	(c)	1,080 hours for grades 4 through 12; and

39	(d)	1,050 hours may be sufficient for graduating seniors. 40

41	In addition, seven (7) pupil instruction-related days may be scheduled for the following purposes: 42	1.	Pre-school staff orientation for the purpose of organization of the school year;
43	2.	Staff professional development programs (minimum of three (3) days); 44	3.	Parent/teacher conferences, and;
45	4.	Post-school record and report (not to exceed one day or one-half day at the end of each semester 46                       or quarter).
47 48 49 50 51 52

1

2	2100 3                                                                                                                                                                                   Page 2 of 2 4
5	The Board of Trustees has established an advisory committee to develop, recommend, and 6	evaluate the school district’s yearly professional development plan. Each year the Board of
7	Trustees shall adopt a professional development plan for the subsequent school year based on the 8	recommendation of the advisory committee.
9

10	Legal References: 11
12 13 14 15 16 17 18 19
20

§ 20-1-301, MCA § 20-1-302, MCA § 20-1-303, MCA

§ 20-1-304, MCA § 20-1-306, MCA ARM 10.55.701
ARM 10.65.101-103 ARM 10.55.714 ARM 10.55.906

School fiscal year School day and week
Conduct of School on Saturday or Sunday prohibited - exceptions
Pupil-instruction-related day Commemorative exercises on certain days Board of Trustees
Pupil-Instruction-Related Days Professional Development High School Credit

21	Policy History: 22	Adopted on:
23	Reviewed on:

24	Revised on:	August 28, 2007, December 11, 2007, July 12, 2011, 4/8/14

1	Hardin Public Schools	R 2

3	INSTRUCTION	2105 4

5	Grade Organization 6

7	The District maintains instructional levels for grades kindergarten (K) through twelve (12). The 8	grouping and housing of instructional levels in school facilities will be according to plans
9	developed by the Superintendent and approved by the Board. 10

11	Instructional programs will be coordinated between each grade and between levels of schools. 12

13	A student will be assigned to an instructional group or to a classroom which will best serve the 14	needs of that individual while still considering the rights and needs of other students. Factors to 15	be considered in classroom assignments are class size, peer relations, student/teacher relations, 16	instructional style of individual teachers, and any other variables that will affect the performance 17	of the student.
18

19	Criteria for grouping will be based on learning goals and objectives addressed and the student’s 20	ability to achieve those purposes.
21

22

23

24	Legal Reference:	§ 20-6-501, MCA	Definition of various schools 25

26	Policy History: 27	Adopted on:
28	Reviewed on:

29	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION	2110 4

5	Objectives 6

7	Continuous Progress Education 8

9	The Board acknowledges its responsibility to develop and implement a curriculum designed to 10	provide for sequential intellectual and skill development necessary for students to progress on a 11	continuous basis from elementary through secondary school.
12

13	The Superintendent is directed to develop instructional programs which will enable each student 14	to learn at the student’s best rate. The instructional program will strive to provide for:
15

16	1.	Placement of a student at the student’s functional level; 17

18	2.	Learning materials and methods of instruction considered to be most appropriate to the 19                       student’s learning style; and
20

21	3.	Evaluation to determine if the desired student outcomes have been achieved. 22

23	Each year, the Superintendent will determine the degree to which such instructional programs are 24	being developed and implemented. Accomplishment reports submitted annually will provide the 25	Board with the necessary information to make future program improvement decisions.
26

27

28

29	Policy History: 30	Adopted on:
31	Reviewed on:

32	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools	R 2

3	INSTRUCTION	2120 4

5	Curriculum and Assessment 6
7	The Board is responsible for curriculum adoption and must approve all significant changes, including the 8	adoption of new textbooks and new courses, before such changes are made. The Superintendent is
9	responsible for making curriculum recommendations. The District shall ensure their curriculum is 10	aligned to all content standards and the appropriate learning progression for each grade level.
11

12	A written sequential curriculum will be developed for each subject area. The curricula will address

13	learner goals, content and program area performance standards, and District education goals and will be 14	constructed to include such parts of education as content, skills, and thinking. The District shall review 15	curricula at least every five (5) years or consistent with the state’s standards revision schedule, and
16	modify, as needed, to meet educational goals of the continuous school improvement plan pursuant to 17	ARM 10.55.601.

18

19	The staff and administration will suggest materials and resources, to include supplies, books, 20	materials, and equipment necessary for development and implementation of the curriculum and 21	assessment, which are consistent with goals of the education program.
22

23	The District shall maintain their programs consistent with the state’s schedule for revising standards. 24
25	The District shall assess the progress of all students toward achieving content standards and content-

26	specific grade-level learning progressions in each program area. The District shall use assessment results, 27	including state-level achievement information obtained by administration of assessments pursuant to
28	ARM 10.56.101 to examine the educational program and measure its effectiveness. The District shall use 29	appropriate multiple measures and methods, including state-level achievement information obtained by 30	administration of assessments pursuant to the requirements of ARM 10.56.101, to assess student progress
31	in achieving content standards and content-specific grade-level learning progressions in all program areas. 32	The examination of program effectiveness using assessment results shall be supplemented with
33	information about graduates and other students no longer n attendance.

34

35	Cross Reference: 36
37

2000	Goals 2110	Objectives

38	Legal Reference: 39
40 41 42
43

§ 20-3-324, MCA § 20-4-402, MCA

§ 20-7-602, MCA 10.55.603, ARM

Powers and duties
Duties as district superintendent or county high school principal
Textbook selection and adoption Curriculum Development and Assessment

44	Policy History: 45	Adopted on:
46	Reviewed on:

47	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	INSTRUCTION	2130 4

5	Program Evaluation and Diagnostic Tests 6

7	The Board strives for efficiency and effectiveness in all facets of its operations. To achieve this 8	goal, the Board will set forth:
9

10	1.	A clear statement of expectations and purposes for the District instructional program; 11

12	2.	A provision for staff, resources, and support to achieve stated expectations and purposes; 13                       and
14

15	3.	A plan for evaluating instructional programs and services to determine how well 16                       expectations and purposes are being met.
17

18	Parents who wish to examine any assessment materials may do so by contacting the

19	Superintendent. Parental approval is necessary before administering an individual intelligence 20	test or a diagnostic personality test. No tests or measurement devices which include questions 21	about a student’s or the student’s family’s personal beliefs and practices in family life, morality, 22	and religion will be administered, unless the parent gives written permission for the student to 23	take such test, questionnaire, or examination.
24

25

26

27	Legal Reference: 28
29

30

20 U.S.C. § 1232h 10.55.603, ARM 10.56.101, ARM

Protection of pupil rights
Curriculum Development and Assessment Student Assessment

31	Policy History: 32	Adopted on:
33	Reviewed on:

34	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Student and Family Privacy Rights 6

7	Surveys - General

8

R

2132 page 1 of 3

9	All surveys requesting personal information from students, as well as any other instrument used 10	to collect personal information from students, must advance or relate to the District’s educational 11	objectives as identified in Board Policy. This applies to all surveys, regardless of whether the
12	student answering the questions can be identified and regardless of who created the survey. 13

14	Surveys Created by a Third Party 15

16	Before the District administers or distributes a survey created by a third party to a student, the

17	student’s parent(s)/guardian(s) may inspect the survey upon request and within a reasonable time 18	of their request.
19

20	This section applies to every survey: (1) that is created by a person or entity other than a District 21	official, staff member, or student, (2) regardless of whether the student answering the questions 22	can be identified, and (3) regardless of the subject matter of the questions.
23

24	Surveys Requesting Personal Information 25

26	School officials and staff members shall not request, nor disclose, the identity of any student who 27	completes ANY survey containing one (1) or more of the following items:
28

29	1.	Political affiliations or beliefs of the student or the student’s parent/guardian; 30	2.	Mental or psychological problems of the student or the student’s family;
31	3.	Behavior or attitudes about sex;

32	4.	Illegal, anti-social, self-incriminating, or demeaning behavior;

33	5.	Critical appraisals of other individuals with whom students have close family 34                       relationships;
35	6.	Legally recognized privileged or analogous relationships, such as those with lawyers, 36                       physicians, and ministers;
37	7.	Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian; 38	8.	Income (other than that required by law to determine eligibility for participation in a
39	program or for receiving financial assistance under such program). 40

41	The student’s parent(s)/guardian(s) may: 42

43	1.	Inspect the survey within a reasonable time of the request, and/or

44	2.	Refuse to allow their child to participate in any survey requesting personal information. 45                       The school shall not penalize any student whose parent(s)/guardian(s) exercise this
46	option.

1 2
3

4	Instructional Material

5

2132 page 2 of 3

6	A student’s parent(s)/guardian(s) may, within a reasonable time of the request, inspect any 7	instructional material used as part of their child’s educational curriculum.
8

9	The term “instructional material,” for purposes of this policy, means instructional content that is 10	provided to a student, regardless of its format, printed or representational materials, audio-visual 11	materials, and materials in electronic or digital formats (such as materials accessible through the 12	Internet). The term does not include academic tests or academic assessments.
13

14	Collection of Personal Information from Students for Marketing Prohibited 15

16	The term “personal information,” for purposes of this section only, means individually

17	identifiable information including: (1) a student’s or parent’s first and last name, (2) a home or 18	other physical address (including street name and the name of the city or town), (3) telephone 19	number, or (4) a Social Security identification number.
20

21	The District will not collect, disclose, or use student personal information for the purpose of 22	marketing or selling that information or otherwise providing that information to others for that 23	purpose.
24

25	The District, however, is not prohibited from collecting, disclosing, or using personal

26	information collected from students for the exclusive purpose of developing, evaluating, or

27	providing educational products or services for, or to, students or educational institutions such as 28	the following:
29

30	1.	College or other post-secondary education recruitment or military recruitment;

31	2.	Book clubs, magazines, and programs providing access to low-cost literary products; 32	3.	Curriculum and instructional materials used by elementary schools and secondary
33	schools;

34	4.	Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or 35                       achievement information about students (or to generate other statistically useful data for 36                       the purpose of securing such tests and assessments) and the subsequent analysis and
37	public release of the aggregate data from such tests and assessments;

38	5.	The sale by students of products or services to raise funds for school-related or education-39                       related activities;
40	6.	Student recognition programs. 41

42	Notification of Rights and Procedures 43

44	The Superintendent or designee shall notify students’ parents/guardians of: 45

46	1.	This policy as well as its availability from the administration office upon request;

1	2132 2                                                                                                                                                                                  page 3 of 3 3
4	2.	How to opt their child out of participation in activities as provided in this policy; 5	3.	The approximate dates during the school year when a survey requesting personal 6                       information, as described above, is scheduled or expected to be scheduled;
7	4.	How to request access to any survey or other material described in this policy. 8

9	This notification shall be given parents/guardians at least annually at the beginning of the school 10	year and within a reasonable period after any substantive change in this policy.
11

12	The rights provided to parents/guardians in this policy transfer to the student, when the student 13	turns eighteen (18) years of age or is an emancipated minor.
14

15	NOTE: This policy must be adopted in consultation with parents. 20 U.S.C. § 1232h(c)(1). 16	Therefore, MTSBA recommends that, at a minimum, Boards specifically note this on their 17	meeting agendas and request public comment prior to adoption.
18

19

20

21	Cross Reference: 22
23

24

2311	Instructional Materials
3200	Student Rights and Responsibilities 3410	Student Health

25	Legal Reference:	20 U.S.C. 1232h	Protection of Pupil Rights 26

27	Policy History:

28	Adopted on:	August 28, 2007 29	Reviewed on:
30	Revised on:

1	Hardin Public Schools 2

3	INSTRUCTION	2140 4

5	Guidance and Counseling 6
7	The District recognizes that guidance and counseling are an important part of the total program of

8	instruction and should be provided in accordance with state laws and regulations, District policies and 9	procedures, and available staff and program support.
10

11	The general goal of this program is to help students achieve the greatest personal value from their 12	educational opportunities. Such a program should:
13

14	1.	Provide staff with meaningful information which can be utilized to improve educational services 15                       offered to individual students.
16

17	2.	Provide students with planned opportunities to develop future career and educational plans. 18
19	3.	Refer students with special needs to appropriate specialists and agencies. 20
21	4.	Aid students in identifying options and making choices about their educational program. 22
23	5.	Assist teachers and administrators in meeting academic, social, and emotional needs of students. 24
25	6.	Provide for a follow-up of students who further their education and/or move into the world of 26                       work.
27

28	7.	Solicit feedback from students, staff, and parents, for purposes of program improvement. 29
30	8.	Assist students in developing a sense of belonging and self-respect. 31
32	9.	Have information available about nicotine addiction services and referrals to tobacco cessation 33                       programs to students and staff.
34

35	All staff will encourage students to explore and develop their individual interests in career and vocational-36	technical programs and employment opportunities, without regard to gender, race, marital status, national 37	origin, or handicapping conditions, including reasonable efforts in encouraging students to consider and 38	explore “nontraditional” occupations.
39

40	The Board directs the Superintendent to work with the staff, community, and appropriate agencies to 41	develop, implement, and regularly assess this program.

42

43	Legal Reference 44
45

§ 49-3-203, MCA 10.55.710, ARM 10.55.802, ARM

Educational, counseling, and training programs Assignment of Guidance Staff
Opportunity and Educational Equity

46

47	Policy History: 48	Adopted on: 49	Reviewed on:
50	Revised on:	August 28, 2007, February 23, 2010

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Extracurricular Program

6

2150 page 1 of 2

7	The Board recognizes that the goals and objectives of the District can best be achieved by 8	providing a broad offering of purposeful learning experiences, some of which are more
9	appropriately conducted outside of the approved curriculum of the District. For purposes of this 10	policy, this program, defined as “extracurricular,” includes those activities which are planned 11	and integrated toward the attainment of the District’s objectives but are not offered for credit
12	toward graduation. Such activities shall ordinarily be conducted wholly or partly outside the

13	regular school day and shall be available to all students who voluntarily elect to participate. The 14	extracurricular program may include approved curriculum-related activities; intramural; and
15	activities including interscholastic activities, publications, music, drama, school service, and 16	other Board-approved activities.
17

18	The Board shall approve all activities included within the extracurricular program. The principal 19	is authorized to approve other extracurricular activities, make school facilities available, and
20	designate staff members to support and supervise approved extracurricular activities. 21

22	The criteria to be used for approving extracurricular activities are: 23

24	1.	The purpose and/or objectives shall be an extension of a special program or course 25                       offering;
26

27	2.	The participating students should be currently enrolled in a related course or program or 28                       possess the entry level knowledge and/or skills to successfully participate in the activity; 29
30	3.	The group supervisor shall be a qualified adult recommended by the building 31                       administrator;
32

33	4.	The cost of the activity must not be prohibitive to the student or the District; 34

35	5.	All activities must take place on school premises unless approved in advance by the 36                       school principal;
37

38	6.	The activity must not be secretive in nature; and 39

40	7.	All funds collected as a result of the extracurricular program shall be deposited and 41                       expended in accordance with approved District accounting procedures.
42

43	The Board directs the Superintendent to develop appropriate procedures for proper planning, 44	funding, approval, and implementation of all activity programs within the above guidelines. 45
46	The principal shall be responsible for administering the extracurricular program in the school

1	2150 2                                                                                                                                                                                  page 2 of 2 3
4	An opportunity will be made available in each school for students, including those with 5	handicapping conditions, to participate in some aspect of the program.
6

7	The District shall evaluate its extracurricular programs at least once each year to ensure that 8	equal opportunities are available to members of both sexes with respect to participation in
9	interscholastic and/or intramural programs. 10

11

12

13	Legal Reference:	P.L. 98-377, Title XIII	Equal Access Act 14

15	Policy History: 16	Adopted on:
17	Reviewed on:

18	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION	2151 4

5	Interscholastic Activities 6

7	The District recognizes the value of a program of interscholastic activities as an integral part of 8	the total school experience. The program of interscholastic activities will include all activities 9	relating to competitive sport or intellectual contests, games or events, or exhibitions involving
10	individual students or teams of students of this District, when such events occur between schools 11	outside this District.
12

13	All facilities and equipment utilized in the interscholastic activity program, whether or not the 14	property of the District, will be inspected on a regular basis. Participants will be issued
15	equipment which has been properly maintained and fitted. 16

17        An activity coach must be properly trained and qualified for an assignment as described in the 18        coach’s job description. A syllabus which outlines the skills, techniques, and safety measures
19	associated with a coaching assignment will be distributed to each coach. All personnel coaching 20	intramural or interscholastic activities will hold a current valid first aid certificate.
21

22	The Board recognizes that certain risks are associated with participation in interscholastic

23	activities. While the District will strive to prevent injuries and accidents to students, each parent 24	or guardian will be required to sign an “assumption of risk” statement indicating that the parents 25	assume all risks for injuries resulting from such participation. Each participant will be required 26	to furnish evidence of physical fitness (physical form) (acknowledged by a licensed medical
27	practitioner) prior to becoming a member of an athletic team sanctioned by the Montana High 28	School Association (MHSA). A participant will be free of injury and will have fully recovered 29	from illness before participating in any event.
30

31	Coaches and/or trainers may not issue medicine of any type to students. This provision does not 32	preclude the coach and/or trainer from using approved first aid items.
33

34	The Superintendent shall annually prepare, approve, and present to the Board for its

35	consideration a program of interscholastic athletics for the school year. The Superintendent shall 36	prepare rules for the conduct of student athletes, including but not limited to use of alcoholic
37	beverages, use of tobacco, use or possession of drugs, narcotics, or hallucinatory agents not

38	prescribed by a physician, physical appearance, curfew, unsportsmanlike conduct, absence from 39	practice, or gambling. Rules and corrective actions related to rule violations shall be distributed 40	to each participant and his/her parents prior to the beginning of an athletic season.
41

42	Cross Reference:	3416	Administering Medicines to Students 43

44	Legal Reference: 45
46

10.55.707, ARM 37.111.825, ARM

Certification
Health Supervision and Maintenance

47	Policy History: 48	Adopted on:
49	Reviewed on:

50	Revised on:	August 28, 2007

1	Hardin Public Schools
2
3                                                                                                                                      Adopted on: 6/27/17 4                                                                                                                                                Reviewed on:

5	2152 - R	INSTRUCTION	Revised on: 6
7
8	Suicide Awareness and Prevention 9
10	The Administration shall develop and implement a youth suicide prevention program meeting 11	minimum requirements set forth in 10.55.719, ARM.
12
13	The District will provide professional development on youth suicide awareness and prevention to 14	each employee of the district who work directly with any students enrolled in the school district. 15	The training materials will be approved by the Office of Public Instruction (OPI).
16
17	The District will provide at least two (2) hours of youth suicide and prevention training
18	beginning the 2017-18 school year. The District will provide, at a minimum, two (2) hours of 19	youth suicide awareness and prevention training every five (5) years thereafter. All new
20	employees who work directly with any student enrolled in the school district will be provided 21	training the first year of employment.
22
23	Youth suicide and prevention training may include: 24
25	A. In-person attendance at a live training; 26	B. Videoconference;
27	C. An individual program of study of designated materials; 28	D. Self-review modules available online; and
29	E. Any other method chosen by the local school board that is consistent with professional 30                  development standards.
31 32
33	No cause of action may be brought for any loss or damage caused by any act or admission
34	resulting from the implementation of the provisions of this policy or resulting from any training, 35	or lack of training, related to this policy. Nothing in this policy shall be construed to impose a 36	specific duty of care.
37 38
39	Legal Reference:	§ 20-7-1310, MCA	Youth suicide awareness and prevention training 40
41

1	Hardin Public Schools 2

3	INSTRUCTION 4

5

6	Family Engagement Policy

7

R

2158 Page 1 of 2

8        The Board of Trustees believes that engaging parents/families in the education process is 9        essential to improved academic success for students. The Board recognizes that a student's 10        education is a responsibility shared by the district, parents, families and other members of the 11        community during the entire time a student attends school. The Board believes that the district 12        must create an environment that is conducive to learning and that strong, comprehensive 13        parent/family involvement is an important component. Parent/Family involvement in education 14        requires a cooperative effort with roles for the Office of Public Instruction (OPI), the district,
15	parents/families and the community. 16

17	Parent/Family Involvement Goals and Plan 18

19	The Board of Trustees recognizes the importance of eliminating barriers that impede 20	parent/family involvement, thereby facilitating an environment that encourages collaboration 21	with parents, families and other members of the community. Therefore, the district will develop 22	and implement a plan to facilitate parent/family involvement that shall include the following six 23	(6) goals:
24

25	1.	Promote families to actively participate in the life of the school and feel welcomed, 26                       valued, and connected to each other, to school staff, and to what students are learning and 27                       doing in class;
28

29	2.	Promote families and school staff to engage in regular, two-way meaningful 30                       communication about student learning;
31

32	3.	Promote families and school staff to continuously collaborate to support student learning 33                       and healthy development both at home and at school and have regular opportunities to 34                       strengthen their knowledge and skills to do so effectively;
35

36	4.	Empower parents to be advocates for their own and other children, to ensure that students 37                       are treated equitably and have access to learning opportunities that will support their 38                       success;
39

40	5.	Encourage families and school staff to be partners in decisions that affect children and 41                       families and together inform, influence, and create policies, practices, and programs; and 42
43	6.	Encourage families and school staff to collaborate with members of the community to 44                       connect students, families, and staff to expand learning opportunities, community 45                       services, and civic participation.
46

© MTSBA 2013

1 2
3

4	The district's plan for meeting these goals is to:

5

2158 Page 2 of 2

6	1.	Provide activities that will educate parents regarding the intellectual and developmental 7                       needs of their children at all age levels. This will include promoting cooperation between 8                       the district and other agencies or school/community groups (such as parent-teacher 9                       groups, Head Start, , etc.) to furnish learning opportunities and disseminate information
10	regarding parenting skills and child/adolescent development. 11

12	2.	Implement strategies to involve parents/families in the educational process, including:

13
14
15		Keeping parents/families informed of opportunities for involvement and

16	encouraging participation in various programs. 17

18		Providing access to educational resources for parents/families to use together with 19                                     their children.
20

21		Keeping parents/families informed of the objectives of district educational 22                                     programs as well as of their child's participation and progress within these 23                                     programs.
24

25	3.	Enable families to participate in the education of their children through a variety of roles. 26                       For example, parents/family members should be given opportunities to provide input into 27                       district policies and volunteer time within the classrooms and school programs.
28

29	4.	Provide professional development opportunities for teachers and staff to enhance their 30                       understanding of effective parent/family involvement strategies.
31

32	5.	Perform regular evaluations of parent/family involvement at each school and at the 33                       district level.
34

35	6.	Provide access, upon request, to any instructional material used as part of the educational 36                       curriculum.
37

38	7.	If practical, provide information in a language understandable to parents. 39

40

41	Legal Reference:	10.55.701(m), ARM Board of Trustees 42

43	Policy History:

44	Adopted on:	4/8/14 45	Reviewed on:
46	Revised on:

© MTSBA 2013

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Title I Parent Involvement

6

R

2160 page 1 of 2

7	The District endorses the parent involvement goals of Title I and encourages the regular

8	participation of parents of Title I eligible children in all aspects of the program. The education of 9	children is viewed as a cooperative effort among the parents, school, and community. In this
10	policy the word “parent” also includes guardians and other family members involved in 11	supervising the child’s schools.
12

13	Pursuant to federal law the District will develop jointly with, agree upon with, and distribute to 14	parents of children participating in the Title I program a written parent involvement policy.
15

16	At the required annual meeting of Title I parents, parents will have opportunities to participate in 17	the design, development, operation, and evaluation of the program for the next school year.
18	Proposed activities to fulfill the requirements necessary to address the requirements of parental-19	involvement goals shall be presented.
20

21	In addition to the required annual meeting, at least three (3) additional meetings shall be held at 22	various times of the day and/or evening for parents of children participating in the Title I
23	program. These meetings shall be used to provide parents with: 24

25	1.	Information about programs provided under Title I; 26

27	2.	A description and explanation of the curriculum in use, the forms of academic assessment 28                       used to measure student progress, and the proficiency levels students are expected to
29	meet; 30

31	3.	Opportunities to formulate suggestions and to participate, as appropriate, in decisions 32                       relating to the education of their children; and
33

34	4.	The opportunity to bring parent comments, if they are dissatisfied with the school’s Title 35                       I program, to the District level.
36

37	Title I funding, if sufficient, may be used to facilitate parent attendance at meetings, through 38	payment of transportation and childcare costs.
39

40	The parents of children identified to participate in Title I programs shall receive from the school 41	principal and Title I staff an explanation of the reasons supporting each child’s selection for the 42	program, a set of objectives to be addressed, and a description of the services to be provided.
43	Opportunities will be provided for the parents to meet with the classroom and Title I teachers to 44	discuss their child’s progress. Parents will also receive guidance as to how they can assist at
45	home in the education of their children. 46

1	2160 2                                                                                                                                                                                  page 2 of 2 3
4	Each school in the District receiving Title I funds shall develop jointly with parents of children

5	served in the program a “School-Parent Compact” outlining the manner in which parents, school 6	staff, and students share the responsibility for improved student academic achievement in
7	meeting state standards. The “School-Parent Compact” shall: 8

9	1.	Describe the school’s responsibility to provide high quality curriculum and instruction in 10                       a supportive and effective learning environment enabling children in the Title I program 11                       to meet the state’s academic achievement standards;
12

13	2.	Indicate the ways in which each parent will be responsible for supporting their child’s

14	learning, such as monitoring attendance, homework completion, and television watching; 15	volunteering in the classroom; and participating, as appropriate, in decisions related to
16	their child’s education and positive use of extracurricular time; and 17

18	3.	Address the importance of parent-teacher communication on an ongoing basis with, at a 19                       minimum, parent-teacher conferences, frequent reports to parents, and reasonable access 20                       to staff.
21

22	NOTE: Districts with more than one (1) school participating in a Title I program may wish to 23	consider the establishment of a district-wide parent advisory council.
24

25

26

27	Legal Reference: 28
29 30 31 32 33
34

Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301-6514, as implemented by 34 CFR parts 200, 201, 203, 205, and 212
Improving America’s Schools Act, P.L. 103-382, § 1112 Local Education Agency Plans
P.L. 107-110, “No Child Left Behind Act of 2001,” Title I – Improving the Academic Achievement of the Disadvantaged, § 1118

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2161 4

5	Special Education 6

7	The District will provide a free appropriate public education and necessary related services to all 8	children with disabilities residing within the District, as required under the Individuals with
9	Disabilities Education Act (IDEA), provisions of Montana law, and the Americans with 10	Disabilities Act.
11

12	For students eligible for services under IDEA, the District will follow procedures for

13	identification, evaluation, placement, and delivery of service to children with disabilities, as 14	provided in the current Montana State Plan under Part B of IDEA.
15

16	The District may maintain membership in one or more cooperative associations which may assist 17	in fulfilling the District’s obligations to its disabled students.
18

19

20

21	Legal Reference: 22
23

24

Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. § 20-7-Part Four, MCA	Special Education for Exceptional Children

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2162 4

5	Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 6

7	It is the intent of the District to ensure that students who are disabled within the definition of 8	Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with
9	appropriate educational services. For those students who need or are believed to need special 10	instruction and/or related services under Section 504 of the Rehabilitation Act of 1973, the
11	District shall establish and implement a system of procedural safeguards. The safeguards shall 12	cover students’ identification, evaluation, and educational placement. This system shall include: 13	notice, an opportunity for the student’s parent or legal guardian to examine relevant records, an 14	impartial hearing with opportunity for participation by the student’s parent or legal guardian, and 15	a review procedure.
16

17

18

19	Legal Reference: 20
21

Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794 34 C.F.R. 104.36	Procedural safeguards

22	Policy History:

23	Adopted on:	August 28, 2007 24	Reviewed on:
25	Revised on:

1	Hardin Public Schools 2

3	INSTRUCTION	2163 4

5	Traffic Education 6

7	Hardin Public Schools will provide a drivers’ training instruction program for students who live 8	within the geographic boundaries of the public school district whether or not they are enrolled in 9	the public school district and provided that students enrolled in the course will have reached their
10	15th birthday within six months of course completion, and has not yet reached 19 years of age on 11	or before September 10 of the school year in which the student participates in traffic education. 12	Students are scheduled by age, with the oldest student having first priority. Students from other 13	districts may enroll at the discretion of the high school principal if a district student is not
14	displaced. 15

16	All eligible students will be treated fairly and without bias in the notification, enrollment, and 17	class administration procedures associated with the traffic education program.
18

19	The purpose of the program is to introduce students to a course of study which should lead to the 20	eventual development of skills appropriate for a licensed driver. The traffic education program 21	is designed to meet the criteria established by the Superintendent of Public Instruction. These
22	criteria include requirements for instructional time, for instructor certification, recommendations 23	for course of study and reimbursement procedures.
24

25 26
27

28	Legal Reference: 29
30 31 32
33

§ 20-7-502, MCA § 20-7-503, MCA § 20-7-507, MCA 10.13.307, ARM 10.13.312, ARM

Duties of superintendent of public instruction District establishment of traffic education program District traffic education fund
Program Requirements Student Enrollment

34	Policy History: 35	Adopted on:
36	Reviewed on:

37	Revised on:	August 28, 2007, June 24, 2008

1	Hardin Public Schools 2

3	INSTRUCTION 4

5

6	Distance, Online, and Technology Delivered Learning

7

R 2168
Page 1 of 2

8	For purposes of this policy, “distance learning” is defined as: instruction in which students and 9	teachers are separated by time and/or location with synchronous or asynchronous content,
10	instruction, and communication between student and teacher (e.g., correspondence courses, 11	online learning, videoconferencing, streaming video).
12

13

14	The District may receive and/or provide distance, online, and technology delivered learning 15	programs, provided the following requirements are met:
16

17	1.	The distance, online, and technology delivered learning programs and/or courses shall

18	meet the learner expectations adopted by the district and be aligned with state content and 19	performance standards;
20

21	2.	The district shall provide a report to the Superintendent of Public Instruction

22	documenting how it is meeting the needs of students under the accreditation standards 23	who are taking a majority of courses during each grading period via distance, online, 24	and/or technology-delivered programs;
25

26	3.	The district will provide qualified instructors and/or facilitators as described in ARM 27                       10.55.907(3)(a)(b)(c);
28

29	4.	The district will ensure that the distance, online, and technology delivered learning

30	facilitators, receive in-service training on technology delivered instruction as described in 31	ARM 10.55.907(3)(d); and
32

33	5.	The district will comply with all other standards as described in ARM 10.55.907(4)(5)(a-34                       e).
35

36	The District will permit a student to enroll in an approved distance learning course, in order that 37	such student may include a greater variety of learning experiences within the student’s
38	educational program. 39

40	Credit for distance learning courses may be granted, provided the following requirements are 41	met:
42

43	1.	Prior permission has been granted by the principal; 44

45	2.	The program fits the education plan submitted by the regularly enrolled student; 46

1	Page 2 of 2 2

3	3.	The course does not replace a required course offered by the District; 4

5	4.	The course is needed as credit retrieval and cannot fit into the students schedule; and 6

7	5.	Credit is granted for schools and institutions approved by the District after evaluation for 8                       a particular course offering.
9

10	The District will not be obligated to pay for a student’s distance learning courses. 11

12

13

14	Cross Reference: 15

16	Legal Reference: 17

18 19 20 21
22

2410 and 2410P

ARM 10.55.602 ARM 10.55.705

ARM 10.55.906 ARM 10.55.907

High School Graduation Requirements

Definitions
Administrative personnel; Assignment of School Administrators/Principals
High School Credit
Distance, Online, and Technology Delivered Learning

23	Policy History:

24	Adopted on:	December 11, 2007 25	Reviewed on:
26	Revised on:

1	Hardin Public Schools 2

3	INSTRUCTION	2170 4

5	Digital Academy Classes 6

7        The District recognizes that the District and students may have a need for greater flexibility in 8        the educational program due to funding, teacher availability, individual learning styles, health
9	conditions, employment responsibilities, lack of success in traditional school environments or a 10	desire for students to accelerate their learning and work at the college level before leaving high 11	school. The District acknowledges that online learning solutions offered by the Montana Digital 12	Academy (MTDA) may fulfill these needs.
13

14	The Superintendent, and/or designees, shall be responsible for developing procedures for the 15	online learning program that meet the District standards.
16

17	Further, the online learning solutions providers ensure that: 18

19	A.	Online course providers are accredited by a nationally recognized accreditation 20                                     program or agency or are approved and endorsed by the Montana Office of
21	Public Instruction.
22	B.	Qualified district staff provides information and guidance to students and parents 23                                     regarding the selection of appropriate online courses to meet their needs, as well 24                                     as a suitable number of online courses in which a student may enroll.
25	C.	The curriculum requirements of the state and school district are met.
26	D.	All online courses taken by the students will be approved by the administration in 27                                     advance of enrollment.
28	E.	All teacher-led online courses include licensed, highly qualified teachers.

29 30
31

32	Policy History:

33	Adopted on:	September 14, 2010 34	Reviewed on:
35	Revised on:

© MTSBA 2009

1	Hardin Public Schools	R 2

3	INSTRUCTION	2171 4

5	Significant Writing Program 6

7

8	The Board of Trustees has determined that incorporating an independent significant writing 9	program in the District is not possible given the financial status of the district, the number of
10	staff employed, and the time available within the class schedule. Writing will be incorporated in 11	all aspects of the curriculum.
12

13	Legal References: 14
15

10.55.701(2) (p) ARM 10.55.713 (4) ARM

Board of Trustees
Teacher Load and Class Size

16	Policy History:

17	Adopted on:	4/8/14 18	Reviewed on:
19	Revised on:

© MTSBA 2013

1	Hardin Public Schools 2

3	INSTRUCTION	2221 4

5	School Closure 6

7	The Superintendent may order closure of schools in the event of extreme weather or other

8	emergency, in compliance with established procedures for notifying parents, students, and staff. 9

10	The trustees may order the emergency closure of schools for one (1) school day each year,

11	without the need to reschedule the lost pupil instruction time when the closure is the result of an 12	emergency.
13

14

15

16	Cross Reference:	8110	Bus Routes and Schedules 17

18	Legal Reference: 19
20

§§ 20-9-801 - 802, MCA §§ 20-9-806, MCA

Emergency school closure
School closure by declaration of emergency

21	Policy History: 22	Adopted on:
23	Reviewed on:

24	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2250 4

5	Community and Adult Education 6

7	Efforts will be made to maximize the use of public school facilities and resources, realizing that 8	education is a lifelong process involving the whole community. The District may make its
9	resources available to adults and other non-students, within limits of budget, staff, and facilities, 10	provided there is no interference with or impairment of the regular school program. Community 11	and adult education and other offerings may be developed in cooperation with community
12	representatives, subject to approval and authorization by the Board. 13

14

15

16	Legal Reference:	§ 20-7-703, MCA	Trustees’ policies for adult education 17

18	Policy History: 19	Adopted on:
20	Reviewed on:

21	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2309 4

5	Library Materials 6

7	School library and classroom library books are primarily for use by District students and staff. 8	Library books may be checked out by either students or staff. Individuals who check out books 9	are responsible for the care and timely return of those materials. The building principal may
10	assess fines for damaged or unreturned books. 11

12	District residents and parents or guardians of non-resident students attending the District may be 13	allowed use of library books, at the discretion of the building principal. However, such access 14	shall not interfere with regular school use of those books. Use of library books outside of the
15	District is prohibited except for inter-library loan agreements with other libraries. 16

17	Any individual may challenge the selection of materials for the library/media center. The

18	Uniform Complaint Procedure will be utilized to determine if challenged material is properly 19	located in the library.
20

21

22

23	Cross Reference: 24
25

1700	Uniform Complaint Procedure 2314	Learning Materials Review

26	Legal Reference: 27
28 29
30

§ 20-4-402(5), MCA

§ 20-7-203, MCA § 20-7-204, MCA

Duties of district superintendent or county high school principal
Trustees’ policies for school library School library book selection

31	Policy History:

32	Adopted on:	August 28, 2007 33	Reviewed on:
34	Revised on:

1	Hardin Public Schools	R 2

3	INSTRUCTION	2310 4

5	Selection of Library Materials 6

7	The District has libraries in every school, with the primary objective of implementing and

8	supporting the educational program in the schools. It is the objective of these libraries to provide 9	a wide range of materials on all appropriate levels of difficulty, with diversity of appeal and the
10	presentation of different points of view. 11

12	The provision of a wide variety of library materials at all reading levels supports the District’s

13	basic principle that the school in a free society assists all students to develop their talents fully so 14	that they become capable of contributing to the further good of that society.
15

16	In support of these objectives, the Board reaffirms the principles of intellectual freedom inherent 17	in the First Amendment of the Constitution of the United States and expressed in the School
18	Library Bill of Rights, endorsed by the American Association of School Librarians in 1969. 19

20	Although the Superintendent is responsible for selection of library materials, ultimate 21	responsibility rests with the Board.
22

23	The Board, acting through the Superintendent, thereby delegates authority for selection of library 24	materials to the principal in each of the schools. The principal further delegates that authority to 25	the librarian in the school.
26

27	(NOTE: BY STATUTE, THE SUPERINTENDENT HAS AUTHORITY AND IS

28	RESPONSIBLE FOR SELECTION OF LIBRARY MATERIALS, SUBJECT TO BOARD

29	APPROVAL. THE SUPERINTENDENT AND BOARD MAY NOT WANT TO DELEGATE 30	THIS RESPONSIBILITY.)
31

32

33

34	Legal reference: 35
36 37
38

§ 20-4-402(5), MCA

§ 20-7-203, MCA § 20-7-204, MCA

Duties of district superintendent or county high school principal
Trustees’ policies for school library School library book selection

39	Policy History: 40	Adopted on:
41	Reviewed on:

42	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2311 4

5	Instructional Materials 6

7	The Board is legally responsible to approve and to provide the necessary instructional materials 8	used in the District. Textbooks and instructional materials should provide quality learning
9	experiences for students and: 10

11		Enrich and support the curriculum;

12		Stimulate growth in knowledge, literary appreciation, aesthetic value, and ethical

13	standards;
14		Provide background information to enable students to make intelligent judgments; 15		Present opposing sides of controversial issues;
16		Be representative of the many religious, ethnic, and cultural groups and their 17                       contributions to our American heritage;
18		Depict in an accurate and unbiased way the cultural diversity and pluralistic nature of 19                       American society.

20

21	Basic instructional course material in the fundamental skill areas of language arts, mathematics, 22	science, and social studies should be reviewed at intervals not exceeding five (5) years. All
23	instructional materials must be sequential and must be compatible with previous and future 24	offerings.
25

26	Instructional materials may be made available for loan to students when the best interest of the 27	District and student will be served by such a decision. Students will not be charged for normal 28	wear. They will be charged replacement cost, however, as well as for excessive wear,
29	unreasonable damage, or lost materials. The professional staff will maintain records necessary 30	for the proper accounting of all instructional materials.
31

32

33

34	Cross Reference:	2314	Learning Materials Review 35

36	Legal Reference: 37
38 39
40

§ 20-4-402, MCA

§ 20-7-601, MCA § 20-7-602, MCA

Duties of district superintendent or county high school principal
Free textbook provisions Textbook selection and adoption

41	Policy History: 42	Adopted on:
43	Reviewed on:

44	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2312 4

5	Copyright 6

7	The District recognizes that federal law makes it illegal to duplicate copyrighted materials

8	without authorization of the holder of the copyright, except for certain exempt purposes. Severe 9	penalties may be imposed for unauthorized copying or use of audio, visual, or printed materials
10	and computer software, unless the copying or use conforms to the “fair use” doctrine. 11

12	Under the fair use doctrine, each of the following four standards must be met in order to use the

13	copyrighted document:
14		Purpose and Character of the Use – The use must be for such purposes as teaching or 15                       scholarship.
16		Nature of the Copyrighted Work – The type of work to be copied.
17		Amount and Substantiality of the Portion Used – Copying the whole of a work cannot be 18                       considered fair use; copying a small portion may be if these guidelines are followed.
19		Effect of the Use Upon the Potential Market for or value of the Copyrighted Work – If
20	resulting economic loss to the copyright holder can be shown, even making a single copy 21	of certain materials may be an infringement, and making multiple copies presents the
22	danger of greater penalties.

23

24	While the District encourages its staff to enrich learning programs by making proper use of

25	supplementary materials, it is the responsibility of staff to abide by District copying procedures 26	and obey requirements of law. Under no circumstances will it be necessary for staff to violate 27	copyright requirements in order to properly perform their duties. The District cannot be
28	responsible for any violations of the copyright law by its staff. 29

30	Any staff member who is uncertain as to whether reproducing or using copyrighted material 31	complies with District procedures or is permissible under the law should consult the
32	Superintendent. The Superintendent will assist staff in obtaining proper authorization to copy or 33	use protected materials, when such authorization is required.
34

35

36

37	Legal Reference:	17 USC 101 - 1010	Federal Copyright Law of 1976 38

39	Policy History: 40	Adopted on:
41	Reviewed on:

42	Revised on:	August 28, 2007, September 25, 2012

1	Hardin Public Schools	R 2

3	INSTRUCTION	2314 4

5	Learning Materials Review 6

7	Citizens objecting to specific materials used in the District are encouraged to submit a complaint 8	in writing and discuss the complaint with the building principal prior to pursuing a formal
9	complaint. 10

11	Learning materials, for the purposes of this policy, are considered to be any material used in

12	classroom instruction, library materials, or any materials to which a teacher might refer a student 13	as part of the course of instruction.
14

15

16

17	Policy History:

18	Adopted on:	August 28, 2007 19	Reviewed on:
20	Revised on:

1	Hardin Public Schools 2

3	INSTRUCTION	2320 4

5	Field Trips, Excursions, and Outdoor Education 6

7	The Board recognizes that field trips, when used as a device for teaching and learning integral to 8	the curriculum, are an educationally sound and important ingredient in the instructional program 9	of the schools. Such trips can supplement and enrich classroom procedures by providing learning
10	experiences in an environment beyond the classroom. The Board also recognizes that field trips 11	may result in lost learning opportunities in missed classes. Therefore, the Board endorses the use 12	of field trips, when educational objectives achieved by the trip outweigh any lost in-class
13	learning opportunities. 14

15	Field trips may be taken for one (1) day, if they are within reasonable traveling distance of the 16	District. The Superintendent has the authority to approve all other field trips.
17

18	The presence of a person with a currently valid first aid card is required during school-sponsored 19	activities, including field trips, athletic, and other off-campus events.
20

21	Specific procedures for field trips, excursions, and outdoor education can be found in staff, 22	student, and activity handbooks.
23

24

25

26	Legal Reference:	ARM 37.111.825	Health Supervision and Maintenance 27

28	Policy History: 29	Adopted on:
30	Reviewed on:

31	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2330 4

5	Controversial Issues and Academic Freedom 6

7	The District will offer courses of study which will afford learning experiences appropriate to

8	levels of student understanding. The instructional program respects the right of students to face 9	issues, to have free access to information, to study under teachers in situations free from
10	prejudice, and to form, hold, and express their own opinions without personal prejudice or 11	discrimination.
12

13	Teachers will guide discussions and procedures with thoroughness and objectivity to acquaint 14	students with the need to recognize various points of view, importance of fact, value of good 15	judgment, and the virtue of respect for conflicting opinions.
16

17	The Board encourages and supports the concept of academic freedom, recognizing it as a

18	necessary condition to aid in maintaining an environment conducive to learning and to the free 19	exchange of ideas and information.
20

21	In a study or discussion of controversial issues or materials, however, the Board directs teaching 22	staff to take into account the following criteria:
23

24	1.	Relative maturity of students;

25	2.	District philosophy of education;

26        3.          Community standards, morals, and values; 27        4.          Necessity for a balanced presentation; and
28	5.	Necessity to seek administrative counsel and guidance in such matters. 29

30

31

32	Legal Reference: 33
34

Article X, Sec. 8, Montana Constitution - School district trustees § 20-3-324(16) and (17), MCA	Powers and duties

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Religion and Religious Activities

6

2332 page 1 of 2

7	In keeping with the United States and Montana Constitutions and judicial decisions, the District 8	may not support any religion or endorse religious activity. At the same time, the District may
9	not prohibit private religious expression by students. This policy provides direction to students 10	and staff members about the application of these principles to student religious activity at school. 11
12	Student Prayer and Discussion 13

14	Students may pray individually or in groups and may discuss their religious views with other 15	students, as long as they are not disruptive or coercive. The right to engage in voluntary prayer 16	does not include the right to have a captive audience listen, to harass other students, or to force
17	them to participate. Students may pray silently in the classroom, except when they are expected 18	to be involved in classroom instruction or activities.
19

20	Staff Members 21

22	Staff members are representatives of the District and must “navigate the narrow channel between 23	impairing intellectual inquiry and propagating a religious creed.” They may not encourage,
24	discourage, persuade, dissuade, sponsor, participate in, or discriminate against a religious activity 25	or an activity because of its religious content. They must remain officially neutral toward
26	religious expression. 27

28	Graduation Ceremonies 29

30	Graduation is an important event for students and their families. In order to assure the

31	appropriateness and dignity of the occasion, the District sponsors and pays for graduation 32	ceremonies and retains ultimate control over their structure and content.
33

34	District officials may not invite or permit members of the clergy to give prayers at graduation. 35	Furthermore, District officials may not organize or agree to requests for prayer by other persons 36	at graduation, including requests by students to open or deliver a prayer at graduation. The
37	District may not prefer the beliefs of some students over the beliefs of others, coerce dissenters 38	or nonbelievers, or communicate any endorsement of religion.
39

40	Assemblies, Extracurricular and Athletic Events 41

42	District officials may not invite or permit members of the clergy, staff members, or outsiders to 43	give prayers at school-sponsored assemblies and extracurricular or athletic events. District
44	officials also may not organize or agree to student requests for prayer at assemblies and other 45	school-sponsored events. Furthermore, prayer may not be broadcast over the school public 46	address system, even if the prayer is nonsectarian, nonproselytizing, and initiated by students.

1 2
3

4	Student Religious Expression and Assignments

5

2332 page 2 of 2

6	Students may express their individual religious beliefs in reports, tests, homework, and projects. 7	Staff members should judge their work by ordinary academic standards, including substance,
8	relevance, appearance, composition, and grammar. Student religious expression should neither 9	be favored nor penalized.
10

11	Religion in the Curriculum 12

13	Staff members may teach students about religion in history, art, music, literature, and other

14	subjects in which religious influence has been and continues to be felt. However, staff members 15	may not teach religion or advocate religious doctrine or practice. The prohibition against
16	teaching religion extends to curricular decisions which promote religion or religious beliefs. 17

18	School programs, performances, and celebrations must serve an educational purpose. The

19	inclusion of religious music, symbols, art, or writings is permitted, if the religious content has a 20	historical or independent educational purpose which contributes to the objectives of the approved 21	curriculum. School programs, performances, and celebrations cannot promote, encourage,
22	discourage, persuade, dissuade, or discriminate against a religion or religious activity and cannot 23	be oriented to religion or a religious holiday.
24

25	Student Religious Clubs 26

27	Students may organize clubs to discuss or promote religion, subject to the same constitutionally 28	acceptable restrictions the District imposes on other student-organized clubs.
29

30	Distribution of Religious Literature 31

32	Students may distribute religious literature to their classmates, subject to the same

33	constitutionally acceptable restrictions the District imposes on distribution of other non-school 34	literature. Outsiders may not distribute religious or other literature to students on school
35	property, consistent with and pursuant to the District policy on solicitations (Policy 4321). 36

37	Religious Holidays 38

39	Staff members may teach objectively about religious holidays and about religious symbols, 40	music, art, literature, and drama which accompany the holidays. They may celebrate the 41	historical aspects of the holidays but may not observe them as religious events.
42

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007, September 25, 2012

1	Hardin Public Schools	R 2

3	INSTRUCTION	2333 4

5	Participation in Commencement Exercises 6
7	Statement of Policy 8
9	A student’s right to participate in a commencement exercise of the graduating class at Hardin High 10	School is an honor. As such, participation in this ceremony is reserved for those members of the
11	graduating class who have completed all state and local requirements for graduation before the date of the 12	ceremony. Students who complete their requirements after the date of commencement exercises will
13	receive their diplomas at that time. 14
15	Organization and Content of Commencement Exercises 16
17	The school district will permit students to honor their American Indian heritage through the display of 18	culturally significant tribal regalia at commencement ceremonies. Any item that promotes drug use, 19	weapon use, threats of violence, sexual harassment, bullying, or other intimidation, or violates another 20	district policy, state, or federal law may not be worn during graduation.
21
22	The school administration may invite graduating students to participate in high school graduation 23	exercises according to academic class standing or class officer status. Any student who, because of 24	academic class standing, is requested to participate may choose to decline the invitation.
25
26	The school administrators will review presentations and specific content, and may advise participants
27	about appropriate language for the audience and occasion. Students selected to participate may choose to 28	deliver an address, poem, reading, song, musical presentation, or any other pronouncement of their
29	choosing. 30
31	The printed program for a commencement exercise will include the following paragraphs: 32
33	Any presentation by participants of graduation exercises is the private expression 34                      of an individual participant and does not necessarily reflect any official position of the
35	District, its Board, administration, or employees, nor does it necessarily indicate the 36	views of any other graduates.
37	The Board recognizes that at graduation time and throughout the course of the 38                      educational process, there will be instances when religious values, religious practices, 39                      and religious persons will have some interaction with the public schools and students. 40                      The Board, while not endorsing any religion, recognizes the rights of individuals to have 41                      the freedom to express their individual political, social, or religious views.

42
43	Legal Reference: 44
45 46 47 48

Art. II, Sec. 5, Montana Constitution - Freedom of religion
Art. X, Sec. 1(2), Montana Constitution – Educational Goals and Duties Art. X, Sec. 7, Montana Constitution - Nondiscrimination in education § 20-5-201(3), MCA	Duties and Sanctions
§ 20-1-308, MCA	Religious instruction released time program
§ 20-7-112, MCA	Sectarian publications prohibited and prayer permitted

49
50	Policy History:
51	Adopted on:	August 28, 2007 52	Reviewed on:
53	Revised on:	1/13/09, 09/25/2012, 6/27/17

1	Hardin Public Schools 2

3	INSTRUCTION	2335 4

5	Health Enhancement 6

7	Health, family life, and sex education, including information about parts of the body,

8	reproduction, and related topics, will be included in the instructional program as appropriate to 9	grade level and course of study. An instructional approach will be developed after consultation
10	with parents and other community representatives. Parents may ask to review materials to be 11	used and may request that their child be excluded from sex education class sessions without 12	prejudice.
13

14	The Board believes HIV/AIDS and other STD/STI instruction is most effective when integrated 15	into a comprehensive health education program. Instruction must be appropriate to grade level 16	and development of students and must occur in a systematic manner. The Board particularly
17	desires that students receive proper education about HIV and other STD/STI’s, before they reach 18	the age when they may adopt behaviors which put them at risk of contracting the disease.
19

20	In order for education about HIV and other STD/STI’s to be most effective, the Superintendent 21	will require that faculty members who present this instruction receive continuing in-service
22	training, which includes appropriate teaching strategies and techniques. Other staff members not 23	involved in direct instruction, but who have contact with students, will receive basic information 24	about HIV/AIDS and other STD/STI’s and instruction in use of universal precautions when
25	dealing with body fluids. 26

27	In accordance with Board policy, parents will have an opportunity to review the HIV/STD/STI 28	education program, before it is presented to students.
29

30

31

32	Legal Reference:	§§ 50-16-1001, et seq., MCA 33
34

AIDS Education and Prevention (AIDS Prevention Act)

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007, September 25, 2012

1	Hardin Public Schools 2

3	INSTRUCTION	2375 4

5	Advancement Requirements (9-12)

6
7	The District has established a set of advancement requirements for 9th- through 12th-grade
8	students, which will act as a guide in helping students move methodically and purposefully on a 9	course that will eventually lead to high school graduation. Therefore, the following student
10	classification advancement requirements are required in the District:

11

12	1.	Freshman ----- Anyone with fewer than 4 credits 13

14	2.	Sophomore --- Must have a minimum of 4 credits 15

16

17	3.	Junior- -------- Must have a minimum of 8 credits 18

19	4.	Senior -------- Must have a minimum of 13 ½ credits 20

21

22

23	Policy History:

24	Adopted on:	August 28, 2007 25	Reviewed on:
26	Revised on:

1	Hardin Public Schools 2

3	INSTRUCTION	2410 4

5	High School Graduation Requirements 6

7	The Board will award a regular high school diploma to every student enrolled in the District who 8	meets graduation requirements established by the District. The official transcript will indicate
9	the specific courses taken and level of achievement. 10

11	The Board will establish graduation requirements which, at a minimum, satisfy those established 12	by the Board of Public Education (A.R.M. 10.55.904 and 905). Generally, any change in
13	graduation requirements promulgated by the Board will become effective for the next class to 14	enter ninth (9th) grade. Exceptions to this general rule may be made, when it is determined by 15	the Board that proposed changes in graduation requirements will not have a negative effect on 16	students already in grades nine (9) through twelve (12). The Board will approve graduation 17	requirements as recommended by the Superintendent.

18

19	To graduate from Hardin High School, a student must have satisfactorily completed the last

20	quarter prior to graduation as a Hardin High School student. Highly unusual exceptions may be 21	considered by the principal, such as a student exchange program in a recognized school.
22

23	A student with a disabling condition will satisfy those competency requirements incorporated 24	into the individualized education program (IEP). Satisfactory completion of the objectives
25	incorporated in the IEP will serve as the basis for determining completion of a course. 26

27	A student may be denied participation in graduation ceremonies in accordance with § 20-5-28	201(3), MCA. In such instances the diploma will be awarded after the official ceremony has 29	been held.
30

31

32

33	Legal Reference: 34
35 36
37

§ 20-5-201, MCA 10.55.904, ARM 10.55.905, ARM 10.55.906, ARM

Duties and sanctions
Basic Education Program Offerings – High School Graduation Requirements
High School Credit

38	Policy History: 39	Adopted on:
40	Reviewed on:

41	Revised on:	August 28, 2007, January 13, 2009

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Credit Transfer and Assessment for Placement 6

7	Grades 6-8 (Middle School), Grades 9-12 (High School)

8

R

2413 page 1 of 2

9	Requests for transfer of credit or grade placement from any non-accredited, nonpublic school 10	will be subject to examination and approval before being accepted by School District 17-H and 11	1. This will be done by the school counselor or principal or, in the case of home schools, by a 12	credit evaluation committee consisting of a counselor, a staff member from each subject area in 13	which credit is being requested, and a school principal.
14

15	The District will give credit only for home schools which have met all requirements as specified 16	in Montana law. Credit from home schools will be accepted only when a like course is offered 17	in the District.
18

19	The school transcripts will record courses taken in home schools or non-accredited schools by 20	indicating title of the course, school where the course was taken, and a grade of pass/fail.
21

22	For the purpose of calculation of class rank, only those courses taken in an accredited school will 23	be used.
24

25	Grades K-6 26

27	Requests from parents of students in non-accredited, nonpublic schools for placement in the 28	District’s school system will be evaluated by a placement team. That team will include:
29

30	1.	A school principal; 31

32	2.	One (1) teacher of the grade in which the student is being considered for enrollment; and 33

34	3.	One (1) counselor. 35

36	The placement team will cause the District-adopted norm-referenced test and/or the end-of-the-37	year subject-matter test to be administered and scored. The placement team will take into
38	account the following in its recommendation for grade placement: 39

40	An affidavit that: 41

42	1.	The non-accredited, nonpublic school has provided a comparable number of hours as the 43                       child would have attended in a public or private school;
44

45	2.	The child followed a similar curriculum as would have been provided in an accredited 46                       public or private school;

1	2413 2                                                                                                                                                                                  page 2 of 2 3
4	3.	The result of the end-of-the-year test indicates that the student has mastered most 5                       prerequisite skills; and
6

7	4.	The child achieved an NCE score of fifty (50) or above on the Standard Achievement 8                       Test.
9

10	Parents of students in elementary or high school home schools are encouraged to maintain a log 11	documenting dates of instruction, content of instruction, amount of time spent on that instruction, 12	scores on tests, and grades in all activities.
13

14	The District is not obligated to provide instructional materials for other public or private schools. 15

16	If a parent or guardian is not in agreement with the placement of the child, he/she may request a 17	hearing before the Board.
18

19

20

21	Legal Reference: 22
23

24

§ 20-5-110, MCA	School district assessment for placement of a child who enrolls from a non-accredited, non-public school

25	Policy History:

26	Adopted on:	October 24, 1995 27	Reviewed on:
28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION	2420 4

5	Grading and Progress Reports 6

7	The Board believes cooperation of school and home is a vital ingredient in the growth and 8	education of students and recognizes its responsibility to keep parents informed of student 9	welfare and progress in school.
10

11	The issuance of grades and progress reports on a regular basis serves as a basis for continuous 12	evaluation of student performance and for determining changes that should be made to effect 13	improvement. These reports will be designed to provide information helpful to the students, 14	teachers, counselors, and parents.
15

16	The Board directs the Superintendent to establish a system of reporting student progress and will 17	require all staff to comply with such a system as part of their teaching responsibility. Staff and 18	parents will be involved.
19

20

21

22	Policy History: 23	Adopted on:
24	Reviewed on:

25	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION	2421 4

5	Promotion and Retention 6

7	The Board acknowledges that the awarding of marks and decisions relative to promotion or

8        retention of children is a serious responsibility of teachers. It is the Board’s policy to support its 9        teachers and administrators in this professional duty. The Board feels that the administrators can
10	be depended upon to evaluate teacher recommendations and to make all such decisions in the

11	best interest of children. However, the Board considers it very important, for good relations, that 12	parents be consulted and well informed at an early date where retention is advisable, or grade
13	placement of an individual child varies from an established grade level.

14
15	Whenever retention is being considered, but no later than the end of the third (3rd) quarter, the 16	teacher will confer with the principal regarding the students who should be considered for
17	retention. Parents/guardians shall be invited to meet with the principal and teacher. Information 18	will be presented to explain the student’s progress to date. Parents will be advised on how they 19	might assist the student during the balance of the school year.

20

21	At least two (2) weeks prior to the end of the school year, the parent, principal, and teacher will 22	again meet to review the latest progress and determine if the student’s needs would be best
23	served by promotion or retention. Teaching staff and building principals will make final 24	decisions respecting promotion or retention.
25

26	If the parent wishes the student be promoted without regard to the school’s recommendation, the 27	parent(s) will be asked to complete a form reflecting the parent’s decision.
28

29

30

31	Policy History: 32	Adopted on:
33	Reviewed on:

34	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2450 4

5	Recognition of Native American Cultural Heritage 6

7	The District recognizes the distinct and unique cultural heritage of Native Americans and is 8	committed in the District’s educational goals to the preservation of such heritage.
9

10	In furtherance of the District’s educational goals, the District is committed to: 11

12		Working cooperatively with Montana Tribes in close proximity to the District, when

13	providing instruction, when implementing educational goals or adopting rules relating to 14	education of students in the District;
15

16		Periodically reviewing its curriculum to ensure the inclusion of cultural heritage of 17                       Native Americans, which will include but not necessarily be limited to:
18

19		Considering methods by which to provide books and materials reflecting 20                                     authentic historical and contemporary portrayals of Native Americans; 21

22		Taking into account individual and cultural diversity and differences among 23                                     students;
24

25		Providing necessary training for school personnel, with the objective of gaining an

26	understanding and awareness of Native American culture, which will assist the District’s 27	staff in its relations with Native American students and parents.
28

29	The Board may require certified staff to satisfy the requirements for instruction in American 30	Indian studies, set forth in § 20-1-503, MCA.
31

32

33

34	Legal Reference: 35
36 37 38 39
40

Art. X, Sec. 1(2), Montana Constitution
§§ 20-1-501, et seq., MCA	Recognition of American Indian cultural heritage - legislative intent
10.55.603 ARM	Curriculum Development and Assessment 10.55.701 ARM	Board of Trustees
10.55.803 ARM	Learner Access

41	Policy History: 42	Adopted on:
43	Reviewed on:

44	Revised on:	August 28, 2007

1

2 3 4 5
6	2510 – R

7

8
9	School Wellness

Hardin Public Schools

INSTRUCTION

Adopted on: 6/13/06 Reviewed on:
Revised on: 8/28/07; 5/9/17

Page 1 of 3

10
11	The Hardin School District is committed to providing school environments that promote and protect 12	children’s health, well-being, and ability to learn by supporting healthy eating and physical activity. 13	Therefore, it is the policy of the Hardin School District that:
14
15	The development of the school wellness policy, at a minimum, will include:
16	1. Community Involvement, including input from teachers of physical education and school health 17                      professionals, parents, students, school food service, the school Board, school administrators,
18	educators, and the public. Training of this team of people on the components of a healthy school 19	nutrition environment is recommended.
20	2. Goals for nutrition education, nutrition promotion, physical activity, and other school-based 21                      activities that are designed to promote student wellness in a manner that the local education 22                      agency determines appropriate.
23	3. Implementation, Periodic Assessment, and Public Updates, including expanding the purpose of 24                      the team of collaborators beyond the development of a local wellness policy to also include the 25                      implementation of the local wellness policy with periodic review and updates, inform and update 26                      the public every 3 years, at a minimum, (including parents, students, and others in the
27	community) about the content and implementation of the local wellness policies, and to measure 28	periodically and make available to the public an assessment of the local wellness policy,
29	including:
30	•	The extent to which schools are in compliance with the local wellness policy;
31	•	The extent to which the LEA’s local wellness policy compares to model local school 32                                     wellness policies; and
33	•	The progress made in attaining the goals of the local wellness policy.
34	4. Nutrition guidelines for all foods available on each school campus under the local education
35	agency during the school day, with the objectives of promoting student health and nutrient-rich 36	meals and snacks. This includes food and beverages sold in a la carte sales, vending machines, 37	and student stores; and food and beverages used for classroom rewards and fundraising efforts. 38               5. Guidelines for reimbursable school meals to ensure that the District offers school meal programs
39	with menus meeting the meal patterns and nutrition standards established by the U.S. Department 40	of Agriculture.
41	6. A plan for measuring implementation of the local wellness policy, including designation of one or 42                      more persons within the local education agency or at each school, as appropriate, charged with
43	operational responsibility for ensuring that each school fulfills the District’s local wellness policy. 44
45	The suggested guidelines for developing the wellness policy included: 46	Nutrition Education
47	All students K-12 shall receive nutrition education that teaches the knowledge and skills needed to adopt 48	healthy eating behaviors and is aligned with the Montana’s Health Enhancement and National
49	Association of Sport and Physical Activity/American Alliance of Health, Physical Education, Recreation 50	and Dance Physical Education Content Standards and Benchmarks. Nutrition education shall be

1	2510 2                                                                                                                                                                               Page 2 of 3 3
4	integrated into the curriculum. Nutrition information and education shall be offered throughout the school 5	campus and based on the U.S. Dietary Guidelines for Americans. Staff who provide nutrition education
6	shall have the appropriate training, such as in health enhancement or family and consumer sciences. 7
8	Health Enhancement and Physical Activity Opportunities
9	The District shall offer health enhancement opportunities that include the components of a quality health 10	enhancement program taught by a K-12 certified health enhancement specialist.
11
12	Health enhancement shall equip students with the knowledge, skills, and values necessary for lifelong 13	physical activity. Health enhancement instruction shall be aligned with the Montana’s Health
14	Enhancement and National Association of Sport and Physical Activity/American Alliance of Health, 15	Physical Education, Recreation and Dance Physical Education Content Standards and Benchmarks. 16
17	All K-12 students of the District shall have the opportunity to participate regularly in supervised,
18	organized or unstructured, physical activities, to maintain physical fitness, and to understand the short and 19	long-term benefits of a physically active and healthy life style.
20
21	Hardin School Districts 17-H & 1 have chosen to establish school environments that support healthy
22	eating habits and physical activity. These guidelines service as a foundation for developing, implementing 23	and evaluating school-based healthy eating and physical activity policies and practices for students:
24	•	To establish a climate that encourages and does not stigmatize or denounce healthy eating and 25                      physical activity.
26	•	Whenever possible, to prevent using food as an academic or behavioral incentive and to 27                      discourage assigning or withholding physical activity as a punishment. Alternatives to 28                      withholding recess and rewarding children with food will be distributed to school staff.
29	•	To use a systematic team-based approach to develop, implement and monitor healthy eating 30                      habits and physical activity policies.
31
32	Nutrition Standards / Smart Snack Rule
33	The District shall ensure that reimbursable school meals meet the program requirements and nutrition 34	standards found in federal regulations. The District shall encourage students to make nutritious food 35	choices through accessibility and marketing efforts of healthful foods.
36
37	•	In accordance with the USDA School Nutrition Guidelines the school cafeteria is the one place in 38                      the entire school that is set aside for students to relax and eat their meals. The District goal is to 39                      provide a clean, safe, enjoyable meal environment for students. Students may choose three of five 40                      food groups, at a minimum, one of which must be a fruit or vegetable, and are not forced to finish 41                      a meal. School Nutrition staff will participate in making decisions and guidelines that will affect 42                      the school nutrition environment.
43	•	Hardin School District began implementing the Smart Snacks Rule in July 2014. All school 44                      administrators, school nutrition and individuals involved in fund raising receive yearly
45	reminders/trainings about the Smart Snack Rule. To ensure the integrity of the school lunch 46	program, food and beverage sales in competition with the breakfast/lunch programs are
47	prohibited during the period from the midnight before, to 30 minutes after the end of the official 48	school day. Marketing of foods that do not meet the criteria is not allowed on the school
49	campuses.
50	•	The USDA Smart Snack Rule does not apply to concessions or classroom events such as

1	2510 2                                                                                                                                                                               Page 3 of 3 3
4	birthdays or holiday parties, although the school may consider this area an opportunity for
5	positive change. Teachers who wish to host in-class parties are encouraged to contact the School 6	Nutrition to arrange for healthy meal or snack options.
7
8	Other School-Based Activities Designed to Promote Student Wellness
9	The District may implement other appropriate programs that help create a school environment that
10	conveys consistent wellness messages and is conducive to healthy eating and physical activity, such as 11	staff wellness programs, non-food reward system and fundraising efforts.
12
13	Maintaining Student Wellness
14	The Superintendent shall develop and implement administrative rules consistent with this policy. Input 15	from teachers, parents/guardians, students, school food service program, the school Board, school
16	administrators, and the public shall be considered before implementing such rules. A sustained effort is 17	necessary to implement and enforce this policy. The Superintendent shall measure how well this policy is 18	being implemented, managed, and enforced. The Superintendent shall report to the Board, as requested, 19	on the District’s programs and efforts to meet the purpose and intent of this policy.

20

21
22	Legal Reference: 23

PL 108-265 PL 111-296

The Child Nutrition and WIC Reauthorization Act of 2004 The Healthy, Hunger-Free Kids Act of 2010

HARDIN PUBLIC SCHOOLS R = required
3000 SERIES STUDENTS

TABLE OF CONTENTS

3000 3110
R 3120 3121 3122
R 3123 R 3125
3145 3200
R 3210 3221 3222 3224
R 3225 R 3226 3231 3235
R 3300 R 3310 3311 3312 3330 3340 3345 3350 3410 3413
R 3415 – 3415P R 3415F
3416 3417 3420 3431 3515
R 3520 3530 3600 3606
R 3608 R 3612

3630

Goals
Entrance, Placement, and Transfer Compulsory Attendance
Enrollment and Attendance Records Attendance Policy
Attendance Policy - Truancy Education of Homeless Children Foreign Exchange Students Student Rights and Responsibilities
Equal Education, Nondiscrimination and Sex Equity Student Publications
Distribution and Posting of Materials Student Dress
Sexual Harassment/Intimidation of Students Bullying/Harassment/Intimidation/Hazing Searches and Seizure
Video Surveillance Suspension and Expulsion Student Discipline Firearms and Weapons Detention
Use of Alcohol-Sensor Device
Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use Gambling
Extracurricular Activities Drug-Testing Program Student Health/Physical Screenings/Examinations Student Immunization
Management of Sports Related Concussions
Student Athlete & Parent/Legal Custodian Concussion Statement Administering Medicines to Students
Communicable Diseases Head Lice
Emergency Treatment Food Allergy Management
Student Fees, Fines, and Charges Student Fund-Raising Activities Student Records
Transfer of Student Records Receipt of Confidential Records
District-Provided Access to Electronic Information, Services, and Networks
Cell Phones and Other Electronic Equipment

1	Hardin Public Schools 2

3	STUDENTS	3000 4

5	Goals 6

7	Each student has the right to a free public education. The District provides the best learning

8	opportunities possible within the resources available. In addition to a full instructional program, 9	those opportunities include a wide range of student activities to stimulate the athletic, artistic,
10	and creative skills of students. 11

12	In exchange for these opportunities, both students and their parents assume substantial

13	responsibilities. In order to preserve an orderly and safe learning environment, students must 14	abide by the reasonable rules and instruction of staff. Corrective action shall be fairly and
15	moderately meted out, primarily to modify behavior rather than to punish students. Parents are 16	encouraged to inquire about the successes and problems of their children and to reinforce their 17	learning at home by showing an active interest in students’ development.
18

19	Parents and educators are partners in their children’s education. To that end both must strive to 20	provide for the physical and mental well-being of all students.
21

22

23

24	Policy History: 25	Adopted on:
26	Reviewed on:

27	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS 4

5	Entrance, Placement, and Transfer 6

7	Entrance, Date, and Age

3110 page 1 of 2

8
9	The trustees will enroll a child in kindergarten or in first grade whose fifth (5th) or sixth (6th) 10	birthday occurs on or before the tenth (10th) day of September of the school year in which the 11	child is to enroll but is not yet 19 years of age. Parents may request a waiver of the age
12	requirement. All waivers are granted in the sole discretion of the District. A child who meets 13	the requirement of being six (6) years old, but who has not completed a kindergarten program, 14	will be tested and placed at the discretion of the administration. The District requires proof of 15	identity and an immunization record for every child to be admitted to District schools. The
16	trustees may at their discretion assign and admit a child to a school in the district who is under 6 17	years of age or an adult who is 19 years of age or older if there are exceptional circumstances
18	that merit waiving the age provision.

19

20	School Entrance 21

22	1.	The District requires that a student’s parents, legal guardian, or legal custodian present 23                      proof of identity of the child1 to the school within forty (40) days of enrollment, as well 24                      as proof of residence in the District. Students who are not residents of the District may 25                      apply for admission pursuant to Policy 3141.

26

27	2.	To be admitted to District schools, in accordance with the Montana Immunization Law, a 28                      child must have been immunized against varicella, diphtheria, pertussis, tetanus,
29	poliomyelitis, rubella, mumps, and measles in the manner and with immunizing agents 30	approved by the department. Immunizations may not be required if a child qualifies for 31	conditional attendance or an exemption is filed as provided by Montana law.
32

33	3.	The above requirements are not to serve as barriers to immediate enrollment of students 34                      designated as homeless or foster children as required by the Every Student Succeeds Act 35                      (ESSA) and the McKinney-Vento Act as amended by ESSA. The District shall work
36	with the local child welfare agency, the school last attended, or other relevant agencies to 37	obtain necessary enrollment documentation.
38

39	Placement 40

41	The District goal is to place students at levels and in settings that will increase the probability of 42	student success. Developmental testing, together with other relevant criteria, including but not 43	limited to health, maturity, emotional stability, and developmental disabilities, may be
44	considered in the placement of all students. Final disposition of all placement decisions rests 45	with the principal, subject to review by the Superintendent or the Board.
46

1 For the purposes of this section “proof of identity” means a certified copy of a birth certificate, a certified transcript or similar student records from the previous school, or any documentary evidence that a school district considers to be satisfactory proof of identity. 44-2-511(6)(a), MCA

1 2
3
4	Transfer

3110 page 2 of 2

5

6	District policies regulating the enrollment of students from other accredited elementary and 7	secondary schools are designed to protect the educational welfare of children.
8

9	Elementary Grades (K-5, 6-8): A student transferring into the District will be admitted and
10	placed subject to observation by appropriate teachers and a building principal during a probation 11	period of two (2) weeks. Thereafter, should doubt arise as to initial grade and level placement of 12	a student, school personnel will conduct an educational assessment to determine appropriate
13	grade and level placement. 14

15	Secondary Grades (9-12) Credit Transfer: A transfer of credits from any secondary school is 16	subject to a satisfactory examination of the following:
17

18	1.	Appropriate certificates of school accreditation; 19	2.	Length of course, school day, and school year; 20	3.	Content of applicable courses;
21	4.	School building as it relates to credit earned (i.e., lab areas for appropriate science or 22                      vocational instruction);
23	5.	Appropriate evaluation of student performance leading toward credit issuance. 24

25	The District will follow Montana Accreditation Rules and Standard, along with local alternate 26	procedures for earning credit, in reviewing requests for transfer of credits. High school
27	principals have authority for approving credit transfers, subject to review by the Superintendent 28	or the Board.
29

30

31

32	Legal Reference: 33

34 35 36 37 38
39

§ 20-5-101, MCA § 20-5-403, MCA

§ 20-5-404, MCA § 20-5-405, MCA § 20-5-406, MCA § 44-2-511, MCA
10.55.601, et seq., ARM

Admittance of child to school Immunization required – release and acceptance of immunization records Conditional attendance
Medical or religious exemption Immunization record
School enrollment procedure Accreditation Standards: Procedures

40

41	Policy History: 42	Adopted on:
43	Reviewed on:
44	Revised on:	August 28, 2007, February 26, 2008, February 23, 2010, June 23, 2015, 6/27/17

1	Hardin Public Schools	R 2

3	STUDENTS	3120 4

5	Compulsory Attendance 6
7	To reach the goal of maximum educational benefits for every child requires a regular continuity of

8        instruction, classroom participation, learning experiences, and study. Regular interaction of students with 9        one another in classrooms and their participation in instructional activities under the tutelage of competent
10	teachers are vital to the entire process of education. This established principle of education underlies and 11	gives purpose to the requirement of compulsory schooling in every state in the nation. A student’s regular 12	attendance also reflects dependability and is a significant component of a student’s permanent record.
13

14	Parents or legal guardians or legal custodians are responsible for seeing that their children who are age 15	seven (7) or older before the first day of school attend school until the later of the following dates:
16
17	1.	Child’s sixteenth (16th) birthday; or
18	2.	Completion date of the work of eighth (8th) grade.

19

20	The provisions above do not apply in the following cases:

21	(a) The child has been excused under one of the conditions specified in 20-5-102.

22	(b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of 23                    the trustees.
24	(c) The child has been suspended or expelled under the provisions of 20-5-202. 25
26	Compulsory attendance stated above will not apply when children: 27
28	1.	Are provided with supervised correspondence or home study; or

29	2.	Are excused because of a determination by a district judge that attendance is not in the best 30                       interests of the child; or
31	3.	Are enrolled in a non-public or home school; or

32	4.	Are enrolled in a school in another district or state; or

33	5.	Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the 34                       best interests of the child and the school.

35

36	Legal Reference: 37
38 39 40 41 42 43 44
45

§ 20-1-308, MCA § 20-5-101, MCA § 20-5-102, MCA § 20-5-103, MCA § 20-5-104, MCA § 20-5-106, MCA § 20-5-107, MCA § 20-5-108, MCA

§ 20-5-202, MCA

Religious instruction released time program Admittance of child to school
Compulsory enrollment and excuses Compulsory attendance and excuses Attendance officer
Truancy
Incapacitated and indigent child attendance Tribal agreement with district for Indian child compulsory attendance and other agreements Suspension and Expulsion

46

47	Policy History: 48	Adopted on: 49	Reviewed on:
50	Revised on:	August 28, 2007, 02/14/2012

1	Hardin Public Schools 2

3	STUDENTS 4

5	Enrollment and Attendance Records

3121 page 1 of 2

6
7	Since accurate enrollment and attendance records are essential both to obtain state financial
8	reimbursement and to fulfill the District’s responsibilities under the attendance laws, staff shall 9	be diligent in maintaining such records.
10
11	A district may only include, for ANB purposes, an enrolled student who is: 12

13	•	A resident of the district or a nonresident student admitted by trustees under a student 14                      attendance agreement and who is attending a school of the district;
15
16	•	Unable to attend school due to a medical reason certified by a medical doctor and 17                      receiving individualized educational services supervised by the district, at district 18                      expense, at a home or facility that does not offer an educational program;
19
20	•	Unable to attend school due to the student’s incarceration in a facility, other than a youth 21                      detention center, and who is receiving individualized educational services supervised by 22                      the district, at district expense, at a home or facility that does not offer an educational
23	program; 24

25	•	Living with a caretaker relative under § 1-1-215, MCA;

26
27	•	Receiving special education and related services, other than day treatment, under a 28                      placement by the trustees at a private nonsectarian school or private program if the 29                      student’s services are provided at the district’s expense under an approved individual 30                      education plan supervised by the district;
31
32	•	Participating in the Running Start Program at district expense under § 20-9-706, MCA;

33
34	•	Receiving education services, provided by the district, using appropriately licensed
35	district staff at a private residential program or private residential facility licensed by the 36	Department of Public Health and Human Services;
37
38	•	Enrolled in an educational program or course provided at district expense using electronic 39                      or offsite delivery methods, including but not limited to tutoring, distance learning
40	programs, online programs, and technology delivered learning programs, while attending 41	a school of the district or any other nonsectarian offsite instructional setting with the
42	approval of the trustees of the district, or; 43

44	•	A resident of the district attending a Montana job corps program under an interlocal 45                      agreement with the district under § 20-9-707, MCA.
46

1	3121 2                                                                                                                                                                             page 2 of 2 3

4	•	A resident of the District attending a Montana youth challenge program under an 5                      interlocal agreement with the district under §20-9-2-707, MCA.
6
7	In order for a student who is served through distance learning or offsite delivery methods to be 8	included in the calculation of average number belonging, the student must meet the residency 9	requirements for that district; live in the district, and must be eligible for educational services
10	under the Individuals with Disabilities Education Act or under 29 U.S.C. 794; or attend school in 11	the district under a mandatory attendance agreement as provided in § 20-9-707, MCA.
12
13	Homeless Youth and Foster Children 14

15	Assignment to schools shall be subject to modification when federal law applicable to students 16	placed in foster care or students who are homeless requires that such students be educated in a 17	“school of origin” that differs from the assigned school.
18

19

20	Legal Reference: 21

22 23 24 25 26 27
28

§ 1-1-215, MCA	Residence – rules for determining
§ 20-9-706, MCA	Running start program – authorizing class credits at postsecondary institution – eligibility – payment for credits
§ 20-9-707, MCA	Agreement with Montana youth challenge program or accredited Montana job corps program
29 U.S.C. 794	Nondiscrimination under Federal grants and programs
34 CFR 300.1, et seq. Individuals with Disabilities Education Act

29

30	Policy History: 31	Adopted on:
32	Reviewed on:
33	Revised on:	August 28, 2007, June 9, 2009, 6/27/17

1	Hardin Public Schools 2

3	STUDENTS	3122 4

5	Attendance Policy 6

7        To reach the goal of maximum educational benefits for each child requires a regular continuity 8        of instruction, classroom participation, learning experiences, and study. Regular interaction of
9	students with one another in the classroom and their participation in instructional activities under 10	the tutelage of competent teachers are vital to the entire process of education. This established
11	principle of education underlies and gives purpose to the requirement of compulsory schooling in 12	every state in the nation. The good things schools have to offer can only be presented to students 13	in attendance.
14

15	A student’s regular school attendance also reflects dependability and is a significant component 16	on a student’s permanent record. Future employers are as much concerned about punctuality and 17	dependability as they are about academic record. School success, scholarship, and job
18	opportunity are greatly affected by a good attendance record. 19

20	Procedures for specific school building attendance policy can be found in those respective 21	building student handbooks.
22

23

24

25	Policy History:

26	Adopted on:	August 28, 2007 27	Reviewed on:
28	Revised on:

1	Hardin Public Schools	R 2

3	STUDENTS	3123 4
5	Attendance Policy - Truancy 6
7	Students are expected to attend all assigned classes each day. Teachers shall keep a record of absence and 8	tardiness. Before the end of the school day, each school shall attempt to contact every parent, guardian,
9	or custodian whose child is absent from school but who has not reported the child as absent for the school 10	day, to determine whether the parent, guardian, or custodian is aware of the child’s absence from school. 11
12	For the purpose of this policy “truant” or “truancy” means the persistent non-attendance without excuse, 13	as defined by this policy, for all or any part of a school day equivalent to the length of one class period of 14	a child required to attend a school under 20-5-103. “Habitual truancy” means recorded unexcused
15	absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year. 16
17	The Hardin school district’s definition of non-attendance without excuse is stated in the respective student 18	handbooks.
19

20	The Hardin School district has appointed the Big Horn County Superintendent as the attendance officer of 21	the district.
22

23	Upon the board designating one or more of its staff as the attendance officer(s), the attendance officer(s) 24	shall have the powers and duties as stated in 20-5-105(1) (Section 2), MCA.
25

26

27	Legal Reference: 28
29 30 31 32
33	Procedure History: 34	Promulgated on: 35	Reviewed on:
36	Revised on:

§ 20-5-103, MCA § 20-5-104, MCA § 20-5-105, MCA § 20-5-106, MCA § 20-5-107, MCA
§ 41-5-103(22), MCA

06/25/2013

Compulsory attendance and excuses Attendance officer
Attendance officer – powers and duties Truancy
Incapacitated and indigent child attendance Definitions

© MTSBA 2012

1	Hardin Public Schools	R 2

3	STUDENTS	3125 4

5	Education of Homeless Children
6        Every child of a homeless individual and every homeless child are entitled to equal access to the same 7        free, appropriate public education as provided to children with permanent housing. The District must
8	assign and admit a child who is homeless to a District school regardless of residence and irrespective of
9	whether the homeless child is able to produce records normally required for enrollment. The District may 10	not require an out-of-District attendance agreement and tuition for a homeless child.
11
12	Should a child become homeless over the course of the school year, the child must be able to remain at 13	the school of origin, or be eligible to attend another school in the district.
14
15	The Superintendent will review and revise as necessary rules or procedures that may be barriers to 16	enrollment of homeless children and youths. In reviewing and revising such procedures, the
17	Superintendent will consider issues of transportation, immunization, residence, birth certificates, school 18	records, and other documentation.
19
20	Homeless students will have access to services comparable those offered to other students, including but 21	not limited to:
22
23	1.	Transportation services;
24	2.	Educational services for which a student meets eligibility criteria (e.g., Title I);
25	3.	Educational programs for children with disabilities and limited English proficiency; 26	4.	Programs in vocational and technical education;
27	5.	Programs for gifted and talented students; and 28	6.	School nutrition program.
29
30	The Superintendent will give special attention to ensuring the enrollment and attendance of homeless 31	children and youths not currently attending school. The Superintendent will appoint a liaison for
32	homeless children. 33
34	A “homeless individual” is defined as provided in the McKinney Homeless Assistance Act. 35
36	Anyone having a concern or complaint regarding placement or education of a homeless child will first 37	present it orally and informally to the District homeless liaison. Thereafter, a written complaint must be 38	filed in accordance with the District Uniform Complaint Procedure.

39
40	Cross Reference: 41
42

1700	Uniform Complaint Procedure
3125F McKinney-Vento Homeless Educational Assistance Dispute Resolution Form

43
44	Legal Reference: 45

42 U.S.C. § 11431, et seq. § 20-5-101, MCA

McKinney Homeless Assistance Act Admittance of child to school

46
47	Policy History:
48	Adopted on:	August 28, 2007 49	Reviewed on:
50	Revised on:	6/27/17

1	Hardin Public Schools 2

3	STUDENTS 4

5	Foreign Exchange Students 6

7	Admission Requirements

8

3145 page 1 of 2

9	1.	Foreign exchange students must be eighteen (18) years of age or younger at the time of 10                       enrollment.
11

12	2.	Foreign exchange students must reside with a legal resident of the District. Limited 13                       exceptions may be granted at the discretion of the Board.
14

15	3.	Foreign exchange students must have sufficient knowledge of the English language to 16                       enable effective communication and to use instructional materials and textbooks printed 17                       in English.
18

19	a.	An English proficiency test of the District’s own choosing may be administered 20                                     and will supersede all other tests.
21

22	b.	If an organization places a student who, upon arrival, is deemed by the District to 23                                     be deficient in English language proficiency, the organization will do one of the 24                                     following:
25

26	i.	Terminate the student’s placement.

27	ii.	Provide, and pay for, tutorial help until the student reaches proficiency, as 28                                                    determined by the District.
29

30	4.	The Board resumes no responsibility or control over items such as travel, living

31	accommodations, funding, insurance, etc., which remain the responsibility of the sponsor 32	and/or student.
33

34	Academic Standards and Graduation 35

36	1.	Foreign exchange students will be expected to meet all appropriate standards required of 37                       any student enrolled in the District.
38

39	2.	Foreign exchange students will not graduate from or receive a diploma from the High

40	School, but they may participate in the ceremonies and receive a certificate of attendance. 41

42	Student Opportunities/Responsibilities 43

44	1.	Foreign exchange students will be expected to enroll in the following academic classes 45                       while attending Hardin High School:
46

1 2
3

4	a.	One (1) English class;

5	b.	One (1) United States history class or one (1) government class; 6	c.	Maintain enrollment in at least six (6) classes.
7

3145 page 2 of 2

8	2.	Foreign exchange students are eligible to participate in the High School Activities

9	Program. Guidelines for participation are set by District policy and by the Montana High 10	School Association, as follows:
11

12	a.	RECOGNITION. The student must be a participant of an “official Foreign

13	Exchange Program” as defined in the publication from the National Association 14	of Secondary School Principals, entitled Advisory List of International
15	Educational Travel and Exchange Programs. 16

17	b.	GRADUATION. The student cannot have graduated or received a diploma in 18                                     his/her own country.
19

20	3.	Foreign exchange students are expected to pay all yearbook fees, lab fees, prom tickets, 21                       yearbook costs, athletic fees, cap and gown fees, lunch prices, and all other school
22	incurred expenses that are expected of other students enrolled in the High School. 23

24	4.	Foreign exchange students must maintain passing grades in all classes, follow rules and 25                       regulations of District student policies, and show satisfactory discipline and attendance. 26                       Failure to comply with these expectations shall result in dismissal of the student from the 27                       District’s Foreign Exchange Program.
28

29

30

31	Procedure History: 32	Promulgated on: 33	Reviewed on:
34	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3200 4

5	Student Rights and Responsibilities 6

7	The District recognizes fully that all students are entitled to enjoy the rights protected under

8	federal and state constitutions and law for persons of their age and maturity in a school setting. 9	The District expects students to exercise these rights reasonably and to avoid violating the rights
10	of others. The District may impose disciplinary measures whenever students violate the rights of 11	others or violate District policies or rules.
12

13

14

15	Cross Reference: 16
17

3231	Searches and Seizure 3310	Student Discipline

18	Legal Reference: 19
20 21
22

§ 20-4-302, MCA	Discipline and punishment of pupils – definition of corporal punishment
§ 20-5-201, MCA	Duties and sanctions
Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)

23	Policy History: 24	Adopted on:
25	Reviewed on:

26	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	STUDENTS	3210 4

5	Equal Education, Nondiscrimination and Sex Equity 6

7	The District will make equal educational opportunities available for all students without regard to race, 8	color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental
9	handicap or disability, economic or social condition, actual or potential marital or parental status. 10
11	No student will be denied equal access to programs, activities, services, or benefits or be limited in the 12	exercise of any right, privilege, or advantage, or denied equal access to educational and extracurricular 13	programs and activities.
14
15	Inquiries regarding discrimination or intimidation should be directed to the District Title IX Coordinator. 16	Any individual may file a complaint alleging violation of this policy, Policy 3200-Student Rights and
17	Responsibilities, Policy 3225-Sexual Harassment/Intimidation of Students, or Policy 3226-
18	Bullying/Harassment/Intimidation/Hazing by following those policies or Policy 1700-Uniform Complaint 19	Procedure.
20
21	The District, in compliance with federal regulations, will notify annually all students, parents, staff, and 22	community members of this policy and the designated coordinator to receive inquiries. This annual
23	notification will include the name and location of the coordinator and will be included in all handbooks. 24
25	The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence against 26	students, staff, or volunteers with disabilities. The District will consider such behavior as constituting 27	discrimination on the basis of disability, in violation of state and federal law.
28 29

30
31	Cross Reference: 32
33 34

1700	Uniform Complaint Procedure
3200	Student Rights and Responsibilities
3225	Sexual Harassment/Intimidation of Students 3226	Bullying/Harassment/Intimidation/Hazing

35
36	Legal Reference: 37
38 39 40 41 42

Art. X, Sec. 7, Montana Constitution- Nondiscrimination in education § 49-2-307, MCA	Discrimination in education 24.9.1001, et seq., ARM	Sex Discrimination in Education Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.
34 CFR Part 106	Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance

43

44	Policy History: 45	Adopted on:
46	Reviewed on:
47	Revised on:	August 28, 2007, 01/14/15, 6/27/17

1	Hardin Public Schools 2

3	STUDENTS	3221 4

5	Student Publications 6

7	Student publications produced as part of the school’s curriculum or with the support of student 8	body funds are intended to serve both as vehicles for instruction and student communications. 9	They are operated and substantively financed by the student body and the District.
10

11	Material appearing in such publications should reflect all areas of student interest, including

12	topics about which there may be controversy and dissent. Controversial issues may be presented 13	provided they are treated in depth and represent a variety of viewpoints. Such materials may not 14	be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade 15	the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the 16	violation of the law. They may not advertise tobacco, nicotine, liquor, illicit drugs or drug
17	paraphernalia. 18

19	The Superintendent shall develop guidelines to implement these standards and shall establish 20	procedures for the prompt review of any materials which appear not to comply with the
21	standards. 22

23

24

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007, February 23, 2010

1	Hardin Public Schools 2

3	STUDENTS	3222 4

5	Distribution and Posting of Materials 6

7	District policy allows distribution of materials of parent and student organizations sponsored by 8	the District or other governmental agencies. The District also may allow distribution of
9	materials that provide information valued or needed by the District. 10

11	The building principals must approve all materials before they may be distributed by any 12	organization.
13

14	To facilitate the distribution of materials with information about student activities, each school 15	may maintain a centrally located bulletin board for the posting of materials, and/or maintain a 16	table available to students for placing approved materials.
17

18

19

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3224 4

5	Student Dress 6

7	The District recognizes that a student’s choice of dress and grooming habits demonstrate

8	personal style and preference. The District has the responsibility to ensure proper and appropriate 9	conditions for learning, along with protecting the health and safety of its student body. Even
10	though the schools will allow a wide variety of clothing styles, dress and grooming must not 11	materially or substantially disrupt the educational process of the school or create a health or 12	safety hazard for students, staff, or others.
13

14	Building administrators shall establish procedures for the monitoring of student dress and

15	grooming in school or while engaging in extracurricular activities. Specific regulations shall be 16	published annually in student handbooks.
17

18

19

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS 4

5	Sexual Harassment/Intimidation of Students

6

R

3225 page 1 of 2

7	Sexual harassment is a form of sex discrimination and is prohibited. An employee, District agent, 8	or student engages in sexual harassment whenever that individual makes unwelcome advances,
9	requests sexual favors, or engages in other verbal, non-verbal, or physical conduct of a sexual or 10	sex-based nature, imposed on the basis of sex, that:
11

12	1.	Denies or limits the provision of educational aid, benefits, services, opportunities, or 13                       treatment, or that makes such conduct a condition of a student’s academic status; or 14
15	2.	Has the purpose or effect of: 16

17	a.	Substantially interfering with a student’s educational environment; 18
19	b.	Creating an intimidating, hostile, or offensive educational environment; 20
21	c.	Depriving a student of educational aid, benefits, services, opportunities, or 22                                     treatment; or
23

24	d.	Making submission to or rejection of such unwelcome conduct the basis for 25                                     academic decisions affecting a student.
26

27	The terms “intimidating,” “hostile,” and “offensive” include conduct that has the effect of

28	humiliation, embarrassment, or discomfort. Examples of sexual harassment include but are not 29	limited to unwelcome touching, crude jokes or pictures, discussions of sexual experiences,
30	pressure for sexual activity, intimidation by words, actions, insults, or name calling, teasing 31	related to sexual characteristics, and spreading rumors related to a person’s alleged sexual 32	activities.
33

34	Students who believe that they may have been sexually harassed or intimidated should consult a 35	counselor, teacher, Title IX coordinator, or administrator, who will assist them in the complaint 36	process. Supervisors or teachers who knowingly condone or fail to report or assist a student to 37	take action to remediate such behavior of sexual harassment or intimidation may themselves be 38	subject to discipline.
39

40	Any District employee who is determined, after an investigation, to have engaged in sexual

41	harassment will be subject to disciplinary action up to and including discharge. Any student of 42	the District who is determined, after an investigation, to have engaged in sexual harassment will 43	be subject to disciplinary action, including but not limited to suspension and expulsion consistent 44	with the District’s discipline policy. Any person who knowingly makes a false accusation
45	regarding sexual harassment likewise will be subject to disciplinary action up to and including 46	discharge with regard to employees or suspension and expulsion with regard to students.
47

1	3225 2                                                                                                                                                                                  page 2 of 2 3
4	The District will make every effort to ensure that employees or students accused of sexual

5	harassment or intimidation are given an appropriate opportunity to defend themselves against 6	such accusations.
7

8	To the greatest extent possible, the District will treat complaints in a confidential manner. The 9	District realizes that limited disclosure may be necessary in order to complete a thorough
10	investigation. Retaliation against persons who file a complaint is a violation of law prohibiting 11	discrimination and will lead to disciplinary action against an offender.
12

13	Any individual seeking further information should consult the Superintendent for the name of the 14	current Title IX Coordinator for the District. The Superintendent will ensure that student and
15	employee handbooks include the name, address, and telephone number of an individual 16	responsible for coordinating District compliance efforts.
17

18	An individual with a complaint alleging a violation of this policy should follow the Uniform 19	Complaint Procedure.
20

21

22

23	Cross Reference:	1700	Uniform Complaint Procedure 24

25	Legal References: 26
27 28 29 30
31

Art. X, Sec. 1, Montana Constitution
§§ 49-3-101, et seq., MCA	Montana Human Rights Act
Title IX of the Educational Amendments, 20 U.S.C. § 1681, et seq.
34 CFR Part 106	Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

32	Policy History:

33	Adopted on:	August 28, 2007 34	Reviewed on:
35	Revised on:

1	Hardin Public Schools 2

3	STUDENTS 4
5	Bullying/Harassment/Intimidation/Hazing

3226 page 1 of 2

6
7	The Board will strive to provide a positive and productive learning and working environment. Bullying, 8	harassment, intimidation, or hazing, by students, staff, or third parties, is strictly prohibited and shall not 9	be tolerated.
10
11	Definitions 12
13	1.	“Third parties” include but are not limited to coaches, school volunteers, parents, school visitors, 14                      service contractors or others engaged in District business, such as employees of businesses or
15	organizations participating in cooperative work programs with the District, and others not directly 16	subject to District control at inter-district and intra-District athletic competitions or other school 17	events.
18
19	2.	“District” includes District facilities, District premises, and non-District property if the student or 20                      employee is at any District-sponsored, District-approved, or District-related activity or function, 21                      such as field trips or athletic events, where students are under the control of the District or where 22                      the employee is engaged in District business.
23
24	3.	“Hazing” includes but is not limited to any act that recklessly or intentionally endangers the
25	mental or physical health or safety of a student for the purpose of initiation or as a condition or 26	precondition of attaining membership in or affiliation with any District-sponsored activity or 27	grade-level attainment, including but not limited to forced consumption of any drink, alcoholic 28	beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged
29	exclusion from social contact, sleep deprivation, or any other forced activity that could adversely 30	affect the mental or physical health or safety of a student; requires, encourages, authorizes, or
31	permits another to be subject to wearing or carrying any obscene or physically burdensome 32	article, assignment of pranks to be performed, or other such activities intended to degrade or 33	humiliate.
34
35	4.	"Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning 36                      gesture or physical contact, including any intentional written, verbal, or electronic communication 37                      (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and
38	that substantially interferes with a student’s educational benefits, opportunities, or performance, 39	that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, 40	on school-provided transportation, at any official school bus stop, or anywhere conduct may
41	reasonably be considered to be a threat or an attempted intimidation of a student or staff member 42	or an interference with school purposes or an educational function, and that has the effect of:
43	a.	Physically harming a student or damaging a student’s property;
44	b.	Knowingly placing a student in reasonable fear of physical harm to the student or 45                                                   damage to the student’s property;
46	c.	Creating a hostile educational environment, or;
47	d.	Substantially and materially disrupts the orderly operation of a school.

1 2
3	5.	“Electronic communication device” means any mode of electronic communication, 4                       including, but not limited to, computers, cell phones, PDAs, or the internet.

3226 page 2 of 2

5
6	Reporting 7
8	All complaints about behavior that may violate this policy shall be promptly investigated. Any
9	student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she 10	has been a victim of hazing, harassment, intimidation, or bullying in violation of this policy is encouraged 11	to immediately report his/her concerns to the building principal or the District Administrator, who have 12	overall responsibility for such investigations. A student may also report concerns to a teacher or
13	counselor, who will be responsible for notifying the appropriate District official. Complaints against the 14	building principal shall be filed with the Superintendent. Complaints against the Superintendent or
15	District Administrator shall be filed with the Board. 16
17	The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial 18	action has been taken.
19
20	Exhaustion of administrative remedies 21
22	A person alleging violation of any form of harassment, intimidation, hazing, or threatening, insulting, or 23	demeaning gesture or physical contact, including any intentional written, verbal, or
24	electronic communication, as stated above, may seek redress under any available law, either civil 25	or criminal, after exhausting all administrative remedies.
26
27	Responsibilities 28
29	The District Administrator shall be responsible for ensuring notice of this policy is provided to students, 30	staff, and third parties and for the development of administrative regulations, including reporting and
31	investigative procedures, as needed. 32
33	Consequences 34
35	Students whose behavior is found to be in violation of this policy will be subject to discipline up to and 36	including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to
37	discipline up to and including dismissal. Third parties whose behavior is found to be in violation of this 38	policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator 39	or the Board. Individuals may also be referred to law enforcement officials.
40
41	Retaliation and Reprisal 42
43	Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a 44	complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a 45	serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be 46	regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.
47
48	Cross Reference:	3225F Harassment Reporting Form for Students 49	Legal Reference:	10.55.701(2)(f), ARM Board of Trustees
50	10.55.719, ARM	Student Protection Procedures 51	10.55.801(1)(a), ARM School Climate
52	Policy History:
53	Adopted on:	June 27, 2006 54	Reviewed on:
55	Revised on:	August 28, 2007, April 14, 2009, 4/8/14, June 23, 2015

1	Hardin Public Schools 2

3	STUDENTS 4

5	Searches and Seizure

6

3231 page 1 of 2

7	The goal of search and seizure with respect to students is meeting the educational needs of 8	children and ensuring their security. The objective of any search and/or seizure is not the
9	eradication of crime in the community. Searches may be carried out to recover stolen property, 10	to detect illegal substances or weapons, or to uncover any matter reasonably believed to be a
11	threat to the maintenance of an orderly educational environment. The Board authorizes school 12	authorities to conduct reasonable searches of school property and equipment, as well as of
13	students and their personal effects, to maintain order and security in the schools. 14

15	The search of a student, by authorized school authorities, is reasonable if it is both: (1) justified 16	at its inception, and (2) reasonably related in scope to the circumstances which justified the
17	interference in the first place. 18

19	School authorities are authorized to utilize any reasonable means of conducting searches, 20	including but not limited to the following:
21	1.	A “pat down” of the exterior of the student’s clothing. 22	2. A search of the student’s clothing including pockets;
23	3. A search of any container or object used by, belonging to or otherwise in the 24                              possession or control of a student; and/or
25	4. Devices or tools such as breath-test instruments, saliva test strips, etc. 26

27	The “pat down” or “search’ of a student, if conducted, will be conducted by a school official or 28	employee of the same gender as the student being searched.
29

30	School Property and Equipment and Personal Effects of Students 31

32	School authorities may inspect and search school property and equipment owned or controlled 33	by the District (such as lockers, desks, and parking lots).
34

35	The Superintendent may request the assistance of law enforcement officials, including their use 36	of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots, and 37	other school property and equipment for illegal drugs, weapons, or other illegal or dangerous
38	substances or material. 39

40	Students 41

42	School officials may search any individual student, his/her property, or district property under 43	his/her control when there is a reasonable suspicion that the search will uncover evidence that 44	he/she is violating the law, Board policy, administrative regulation, or other rules of the district
45        or the school. Reasonable suspicion shall be based on specific and objective facts that the search 46        will produce evidence related to the alleged violation. The types of student property that may be

1	3231 2                                                                                                                                                                                  page 2 of 2 3
4	searched by school officials include, but are not limited to, lockers, desks, purses, backpacks,

5	student vehicles parked on district property, cellular phones, or other electronic communication 6	devices.
7

8	Students may not use, transport, carry, or possess illegal drugs or any weapons in their vehicles 9	on school property. While on school property, vehicles may be inspected at any time by staff, or
10	by contractors employed by the District utilizing trained dogs, for the presence of illegal drugs, 11	drug paraphernalia, or weapons. In the event the school has reason to believe that drugs, drug 12	paraphernalia, or weapons are present, including by alert-trained dogs, the student’s vehicle will 13	be searched, and the student expressly consents to such a search.
14

15	Also, by parking in the school parking lots, the student consents to having his/her vehicle

16	searched if the school authorities have any other reasonable suspicion to believe that a violation 17	of school rules or policy has occurred.
18

19	Seizure of Property 20

21	When a search produces evidence that a student has violated or is violating either a law or

22	District policies or rules, such evidence may be seized and impounded by school authorities and 23	disciplinary action may be taken. As appropriate, such evidence may be transferred to law
24	enforcement authorities. 25

26

27	Legal Reference: 28
29 30
31

Redding v. Safford Unified School District,
---F.3d----, 2007 WL 2743594(C.A. 9 (Ariz.)) Terry v. Ohio, 392 U.S. 1, 20 (1968)
B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007, December 11, 2007, April 14, 2009, 01/14/15

1	Hardin Public Schools 2

3	STUDENTS	3235 4

5	Video Surveillance 6

7	The Board authorizes the use of video cameras on District property to ensure the health, welfare, 8	and safety of all staff, students, and visitors to District property and to safeguard District
9	buildings, grounds, and equipment. The Superintendent will approve appropriate locations for 10	video cameras.
11

12	The Superintendent will notify staff and students, through staff and student handbooks or by

13	other means, that video surveillance may occur on District property. A notice will also be posted 14	at the main entrance of all District buildings, and on all buses, indicating the use of video
15	surveillance. 16

17	The District may choose to make video recordings a part of a student’s educational record or of a 18	staff member’s personnel record. The District will comply with all applicable state and federal 19	laws related to record maintenance and retention.
20

21	Video recordings will be totally without sound. 22

23

24

25	Cross Reference:	3600	Student Records 26

27	Policy History:

28	Adopted on:	August 28, 2007 29	Reviewed on:
30	Revised on:

1	Hardin Public Schools 2

3	STUDENTS 4

5	Suspension and Expulsion - Corrective Actions and Punishment

R

3300 page 1 of 3

6
7	The Board recognizes that every student is entitled to due process rights that are provided by law. 8
9	Suspension 10
11		“Suspension” means the exclusion of a student from attending individual classes or school and 12                       participating in school activities for an initial period not exceed ten (10) school days. An
13	administrator may order suspension of a student. 14
15	The procedure set forth below will be followed when a proposed punishment of a student is to include
16	denial of the right of school attendance from any single class or from a full schedule of classes for at least 17	one (1) day.
18
19	Before any suspension is ordered, a building administrator will meet with a student to explain charges of 20	misconduct, and the student will be given an opportunity to respond to the charges.
21
22	When a student’s presence poses a continuing danger to persons or property or poses an ongoing threat of 23	disruption to the educational process, a pre-suspension conference will not be required, and an
24	administrator may suspend a student immediately. In such cases, a building administrator will provide 25	notice of and schedule a conference as soon as practicable following the suspension.
26
27	A building administrator will report any suspension immediately to a student’s parent or legal guardian. 28	An administrator will provide a written report of suspension that states reasons for a suspension,
29	including any school rule that was violated, and a notice to a parent or guardian of the right to a review of 30	a suspension. An administrator will send a copy of the report and notice to the Superintendent.
31
32	The Superintendent will conduct a review of any suspension on request of a parent or legal guardian. A 33	student and parent or legal guardian may meet with the Superintendent to discuss suspension. After the 34	meeting and after concluding a review, the Superintendent will take such final action as appropriate.
35
36	Upon a finding by a school administrator that the immediate return to school by a student would be
37	detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a 38	student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student 39	is granted an informal hearing with the school administrator prior to the additional suspension, and if the 40	decision to impose the additional suspension does not violate the Individuals with Disabilities Education 41	Act (IDEA) or Rehabilitation Act.
42
43	Students who are suspended from any class or from school entirely have the right to make up any work 44	missed according to the student handbook.
45
46	Expulsion 47

48		“Expulsion” is any removal of a student for more than twenty (20) school days without the
49	provision of educational services. Expulsion is a disciplinary action available only to the Board. 50
51	The Board, and only the Board, may expel a student from school and may do so only after following due 52	process procedures set forth below.
53
54	The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a 55	recommendation for expulsion, which will be sent by registered or certified mail at least five (5) school

1	3300 2                                                                                                                                                                                    page 2 of 3 3
4	days before the date of the scheduled hearing. The notice will include time and place of hearing,

5	information describing the process to be used to conduct the hearing, and notice that the Board intends to 6	conduct the hearing in closed session unless a parent or legal guardian waives the student’s right to
7	privacy. 8
9	Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to 10	consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good 11	cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled.
12	The Superintendent will determine if a request shows good cause to reschedule a hearing. 13
14	At hearing the student may be represented by counsel, present witnesses and other evidence, and cross-15	examine witnesses. The Board is not bound by formal rules of evidence in conducting the hearing.
16

17	Each school shall maintain a record of any disciplinary action that is educationally related, with

18	explanation, taken against the student. When the Board of Trustees takes disciplinary action against a 19	student, the Board must keep a written record of the action taken, with detailed explanation, even if the
20	disciplinary action is decided during a closed session. A disciplinary action that is educationally related is 21	an action that results in the expulsion or out-of-school suspension of the student.
22

23	Procedures for Suspension and Expulsion of Students With Disabilities 24
25	The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) and 26	Rehabilitation Act when disciplining students. The Board will not expel any special education student 27	when the student’s particular act of gross disobedience or misconduct is a manifestation of the student’s 28	disability. The Board may expel pursuant to its expulsion procedures any special education student
29	whose gross disobedience or misconduct is not a manifestation of the student’s disability. A disabled

30	student will continue to receive education services as provided in the IDEA or Rehabilitation Act during a 31	period of expulsion.
32

33	A a building administrator may suspend a child with a disability from the child’s current placement for 34	not more than ten (10) consecutive school days for any violation of school rules, and additional removals 35	of not more than ten (10) consecutive school days in that same school year for separate incidents of
36	misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b), 37	whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling
38	condition. Any special education student who has exceeded or who will exceed ten (10) days of

39	suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the 40	District demonstrates that maintaining the student in the student’s current placement is substantially likely 41	to result in injury to the student or to others. After a child with a disability has been removed from his or 42	her placement for more than ten (10) school days in the same school year, during any subsequent days of 43	removal the public agency must provide services to the extent required under 34 CFR 300.121(d).
44

45	An administrator may remove from current placement any special education student who has carried a 46	weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or 47	solicits the sale of a controlled substance while at school or a school function. The District will place 48	such student in an appropriate interim alternative educational setting for no more than forty-five (45) 49	school days in accordance with the IDEA or Rehabilitation Act.
50 51 52 53 54 55

1 2 3
4	Legal Reference: 5
6 7 8 9 10 11 12 13 14 15 16
17

3300 page 3 of 3

20 U.S.C. 1400, et seq.	Individuals with Disabilities Education Act 34 CFR 300.519-521                      Procedural Safeguards
§ 20-4-302, MCA	Discipline and punishment of pupils –definition of corporal punishment – penalty – defense
§ 20-4-402, MCA	Duties of district superintendent or county high school principal
§ 20-5-105, MCA	Attendance officer – powers and duties § 20-5-106, MCA	Truancy
§ 20-5-201, MCA	Duties and sanctions
§ 20-5-202, MCA	Suspension and expulsion ARM 10.16.3346	Aversive Treatment Procedures ARM 10.55.910	Student Discipline Records Goss v. Lopez, 419 US 565 (1975)
Section 504 IDEA

18

19	Policy History: 20	Adopted on: 21	Reviewed on:
22	Revised on:	August 28, 2007, June 9, 2009, June 25, 2013, 4/8/14

1	Hardin Public Schools	R 2

3	STUDENTS	3310 4                                                                                                                                                                             page 1 of 2 5	Student Discipline
6	The Board grants authority to a teacher or principal to hold a student to strict accountability for disorderly 7	conduct in school, on the way to or from school, or during intermission or recess.
8
9	Disciplinary action may be taken against any student guilty of gross disobedience or misconduct,
10	including but not limited to instances set forth below:
11	•	Using, possessing, distributing, purchasing, or selling tobacco products, and alternative nicotine 12                      and vapor products as defined in 16-11-302, MCA.
13	•	Using, possessing, distributing, purchasing, or selling alcoholic beverages, including powdered 14                      alcohol. Students who may be under the influence of alcohol will not be permitted to attend
15	school functions and will be treated as though they had alcohol in their possession.
16	•	Using, possessing, distributing, purchasing, or selling drug paraphernalia, illegal drugs ,controlled 17                      substances , or any substance which is represented to be or looks like a narcotic drug,
18	hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant,
19	depressant, or intoxicant of any kind, including such substances that contain chemicals which
20	produce the same effect of illegal substances including but not limited to Spice and K2. Students 21	who may be under the influence of such substances will not be permitted to attend school
22	functions and will be treated as though they had drugs in their possession.
23	•	Using, possessing, controlling, or transferring a weapon in violation of the “Possession of a 24                      Weapon in a School Building” section of this policy.
25	•	Using, possessing, controlling, or transferring any object that reasonably could be considered or 26                      used as a weapon.
27	•	Disobeying directives from staff members or school officials or disobeying rules and regulations 28                      governing student conduct.
29	•	Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct 30                      toward anyone or urging other students to engage in such conduct.
31	•	Causing or attempting to cause damage to, or stealing or attempting to steal, school property or 32                      another person’s property.
33	•	Engaging in any activity that constitutes an interference with school purposes or an educational 34                      function or any other disruptive activity.
35	•	Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic and 36                      habitual truants.
37	•	Hazing or bullying.
38	•	Forging any signature or making any false entry or attempting to authorize any document used or 39                      intended to be used in connection with the operation of a school.
40
41	These grounds stated above for disciplinary action apply whenever a student’s conduct is reasonably 42	related to school or school activities, including but not limited to the circumstances set forth below:
43	•	On, or within sight of, school grounds before, during, or after school hours or at any other time 44                      when school is being used by a school group.
45	•	Off school grounds at a school-sponsored activity or event or any activity or event that bears a 46                      reasonable relationship to school.
47	•	Travel to and from school or a school activity, function, or event.
48	•	Anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a 49                      staff member or an interference with school purposes or an educational function.

1 2 3
4	Disciplinary Measures 5
6	Disciplinary measures include but are not limited to:

3310 page 2 of 2

7
8	•	Expulsion 9	•	Suspension
10	•	Detention, including Saturdays 11	•	Clean-up duty
12	•	Loss of student privileges 13	•	Loss of bus privileges
14	•	Notification to juvenile authorities and/or police 15	•	Restitution for damages to school property
16
17	No District employee or person engaged by the District may inflict or cause to be inflicted corporal
18	punishment on a student. Corporal punishment does not include reasonable force District personnel are 19	permitted to use as needed to maintain safety for other students, school personnel, or other persons or for 20	the purpose of self-defense.
21
22	Delegation of Authority 23
24	The Board grants authority to any teacher and to any other school personnel to impose on students under 25	their charge any disciplinary measure, other than suspension or expulsion, corporal punishment, or in-
26	school suspension, that is appropriate and in accordance with policies and rules on student discipline. The 27	Board authorizes teachers to remove students from classrooms for disruptive behavior.

28
29	Cross Reference: 30
31

3300	Suspension and Expulsion 3226	Bullying, Harassment 5015	Bullying, Harassment

32
33	Legal Reference: 34
35 36 37 38 39 40 41 42 43 44 45

§ 16-11-302(1)(7), MCA § 20-4-302, MCA

§ 20-5-202, MCA § 45-8-361, MCA

§ 45-5-637, MCA

29 U.S.C. § 701

Definitions
Discipline and punishment of pupils – definition of corporal punishment – penalty – defense Suspension and expulsion
Possession or allowing possession of weapon in school building – exceptions – penalties – seizure and forfeiture or return authorized – definitions
Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age is prohibited – unlawful attempt to purchase - penalties Rehabilitation Act of 1973

46
47	Policy History: 48	Adopted on: 49	Reviewed on:
50	Revised on:	August 28, 2007, January 13, 2009, January 11, 2011, June 23, 2015

1	Hardin Public Schools	R 2
3	STUDENTS	3311 4                                                                                                                                                                             Page 1 of 3 5
6	FIREARMS AND WEAPONS 7
8	Firearms 9
10	For the purposes of the firearms section of this policy, the term “firearm” means (A) any weapon 11	(including a starter gun) which will or is designed to or may readily be converted to expel a
12	projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any 13	firearm muffler or firearm silencer; or (D) any destructive device pursuant to 18 U.S.C. 921 (4). 14	Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16).
15
16	It is the policy of the Hardin School District to comply with the federal Gun Free Schools Act of 17	1994 and state law 20-5-202 (2), MCA, pertaining to students who bring a firearm to, or possess 18	a firearm at, any setting that is under the control and supervision of the school district. In
19	accordance with 20-5-202 (3), MCA, a teacher, superintendent, or a principal shall suspend
20	immediately for good cause a student who is determined to have brought a firearm to, or possess 21	a firearm at, any setting that is under the control and supervision of the school district. In
22	accordance with Montana law, a student who is determined to have brought a firearm to, or 23	possess a firearm at, any setting that is under the control and supervision of the school district 24	must be expelled from school for a period of not less than 1 year.
25
26	However, the Board of Trustees through this policy authorizes the Superintendent, or the
27	principal of a school without a Superintendent, to use his/her discretion on a case-by-case basis 28	and modify the requirement of expulsion of a student if he/she deems such modification to be 29	warranted under the circumstances. Note: Under this Option, there is no expulsion hearing
30	unless the administration determines that the circumstances warrant a recommendation of 31	expulsion of the student for a period of one (1) year to the Board.
32
33	A decision to change the placement of a student with a disability who has been expelled pursuant 34	to this section must be made in accordance with the Individuals with Disabilities Education Act. 35
36	Possession of Weapons other than Firearms
37	The District does not allow weapons on school property. Any student found to have possessed, 38	used or transferred a weapon on school property will be subject to discipline in accordance with 39	the District’s discipline policy. For purposes of this section, “weapon” means any object, device, 40	or instrument designed as a weapon or through its use is capable of threatening or producing
41	bodily harm or which may be used to inflict self-injury, including but not limited to air guns; 42	pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; clubs; metal knuckles; nun-
43	chucks; throwing stars; explosives; fireworks; mace or other propellants; stun guns; ammunition; 44	poisons; chains; arrows; and objects that have been modified to serve as a weapon.
45 46

1	3311 2                                                                                                                                                                             Page 2 of 3 3
4	No person shall possess, use, or distribute any object, device, or instrument having the
5	appearance of a weapon, and such objects, devices, or instruments shall be treated as weapons,
6	including but not limited to weapons listed above which are broken or non-functional, look-alike 7	guns; toy guns; and any object that is a facsimile of a real weapon. No person shall use articles 8	designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors,
9	etc.) to inflict bodily harm and/or intimidate, and such use will be treated as the possession and 10	use of a weapon.
11
12	The District will refer to law enforcement for immediate prosecution any person who possesses, 13	carries, or stores a weapon in a school building, and the District may take disciplinary action as 14	well in the case of a student. In addition the District will refer for possible prosecution a parent 15	or guardian of any minor violating this policy on grounds of allowing a minor to possess, carry, 16	or store a weapon in a school building. (45-8-361 (1) (2))
17
18	For the purposes of this section only, “school building” means all buildings owned or leased by a 19	local school district that are used for instruction or for student activities. (45-8-361 (5a)
20
21	The Board may grant persons and entities advance permission to possess, carry, or store a 22	weapon in a school building. All persons who wish to possess, carry, or store a weapon in a
23	school building must request permission of the Board at a regular meeting. The Board has sole 24	discretion in deciding whether to allow a person to possess, carry, or store a weapon in a school 25	building. (45-8-361 (3b))
26
27	This policy does not apply to law enforcement officers acting in his or her official capacity. 28	(45-8-361 (3a))
29
30	The trustees shall annually review this policy and update this policy as determined necessary by 31	the trustees based on changing circumstances pertaining to school safety.
32
33	Note: Section (g) of the NCLB Section 4141 – Gun Free Requirements, carves out a very
34	significant exception to the Gun Free Schools Act in that it allows a student to have “a firearm 35	that is lawfully stored inside a locked vehicle on school property. . .” Montana law (20-5-202, 36	MCA), on the other hand, does not provide for any exception to the expulsion requirement if a 37	student has a firearm that is lawfully stored inside a locked vehicle on school property. The only 38	reference to federal law in 20-5-202(2), MCA is the federal definition of a firearm. As you well 39	know 20-5-202(2), MCA provides that:
40
41	(2) The trustees of a district shall adopt a policy for the expulsion of a student who is
42	determined to have brought a firearm, as defined in 18 U.S.C. 921, to school and for referring 43	the matter to the appropriate local law enforcement agency. A student who is determined to have 44	brought a firearm to school under this subsection must be expelled from school for a period of 45	not less than 1 year, except that the trustees may authorize the school administration to modify 46	the requirement for expulsion of a student on a case-by-case basis.

1	3311 2                                                                                                                                                                             Page 3 of 3 3
4	So, Montana schools are required, by state law, to expel a student from school for a period of
5	not less than 1 year if it is determined that the student brought a firearm to school, subject to the 6	case-by-case exception noted in the statute. Based upon the exception noted in federal law and 7	in circumstances where a student is found to have a firearm on school property in a locked
8	vehicle, Montana schools should be citing state law (20-5-202, MCA) and district policy to 9	support any recommendation for expulsion.
10	There is one significant inconsistency between the Federal Gun Free Schools Act and Montana 11	is that under federal law it provides that “State law shall allow the chief administering officer of 12	a local educational agency to modify such expulsion requirement for a student on a case-by-case 13	basis if such modification is in writing,” whereas 20-5-202(2), MCA, provides that the trustees 14	may authorize the school administration to modify the requirement for expulsion of a student on 15	a case-by-case basis.
16 17
18	Cross Reference:	Policy 3310	Student Discipline
19	Policy 4332	Conduct of School Property 20
21
22	Legal Reference:	§ 20-5-202, MCA	Suspension and expulsion
23	§ 45-8-361, MCA	Possession or allowing possession of 24                                                                                                                              a weapon in a school building
25	20 U.S.C. § 7151, et seq.	Gun Free Schools Act of 1994 26	18 U.S.C. § 921	Definitions
27	NCLB, Section 4141	Gun Free Requirements 28
29
30	Policy History:
31	Adopted on:	June 25, 2013 32	Reviewed on:
33	Revised on: 34

1	Hardin Public Schools 2

3	STUDENTS	3312 4

5	Detention 6

7	For minor infractions of school rules or regulations, or for minor misconduct, staff may detain 8	students. Students may be required to attend Saturday school.
9

10	Preceding the assessment of such punishment, the staff member shall inform the student of the 11	nature of the offense charged and/or the specific conduct which allegedly constitutes the
12	violation. The student shall be afforded an opportunity to explain or justify his/her actions to the 13	staff member. Parents must be notified prior to a student serving an after-school detention.
14

15	Students detained for corrective action or punishment shall be under the supervision of the staff 16	member or designee.
17

18	The principal shall be responsible for seeing that the time the student spends for detention shall 19	be used constructively for educational purposes.
20

21

22

23	Policy History: 24	Adopted on:
25	Reviewed on:

26	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3330 4

5	Use of Alcohol-Sensor Device 6

7        Students are prohibited by Montana law and District policy from using or possessing alcoholic 8        beverages. It is District policy to deter use or possession of alcoholic beverages by students on
9	District property or at school-sponsored or related activities or events, through use of an alcohol-10	sensor device.
11

12	Anytime the Superintendent, another administrator, or a teacher has reasonable suspicion that a 13	student has consumed an alcoholic beverage, the student will be given an opportunity to admit or 14	deny consumption of alcohol. If the student admits consumption of alcohol, appropriate
15	disciplinary action will be taken under applicable District policies and student handbook

16	provisions, including potential restriction of or exclusion from participation in extra- and co-17	curricular activities.
18

19	If the student denies consumption of alcohol, the Superintendent or another District employee 20	designated by the Superintendent may utilize an alcohol-sensor device to either confirm alcohol 21	consumption or eliminate the suspicion. Confirmation of alcohol consumption will result in
22	appropriate disciplinary action under applicable District policies and student handbook

23	provisions, including potential restriction of participation in or exclusion from extra- and co-24	curricular activities.
25

26	If the student refuses to submit to testing for the presence of alcohol, the District may rely upon 27	other evidence of alcohol consumption in determining whether District policy has been violated. 28

29

30

31	Cross Reference: 32
33 34 35 36
37

1312     Administrative Procedures 3300     Suspension and Expulsion
3300P Corrective Actions and Punishment 3310	Student Discipline
3310P Discipline of Students with Disabilities
3340	Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use

38	Legal Reference: 39
40 41
42

§ 20-5-201, MCA § 45-5-624, MCA

Duties and sanctions
Unlawful attempt to purchase or possession of intoxicating substance – interference with sentence or court order

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3340 4

5	Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use 6

7	The District views participation in extracurricular activities as a privilege extended to students 8	willing to make a commitment to adhere to the rules which govern them.
9

10	Possession of or under the influence of alcohol, tobacco, illegal drugs or non-prescribed

11	prescription drugs in the school buildings, on school grounds, in vehicles on school grounds, 12	during school sponsored events, or during school time is prohibited.
13

14	If a student receives a citation from Law Enforcement of MIP or Possession of a Controlled

15	Substance, the School Discipline Consequences will be effective immediately, unless the student 16	pleads not guilty to the charge. In that event, a student will sit out the season until the case is
17	resolved in court, and then the administration will decide consequences based on the outcome in 18	court.
19

20	When a student violates this policy, he/she is suspended from participation in all athletic/activity 21	programs for twenty (20) school days, to include four (4) weekends from the date the infraction 22	was acted upon by the coach/activity sponsor or administrator. If the suspension occurs at the
23	end of the season or school year, the policy requirements must be completed at the beginning of 24	the next sports season. Any exception to this must have administrative approval. Second, the 25	student is required to enroll in and successfully complete a public or school based substance
26	abuse information program. Failure to successfully complete the program will result in the

27	student being required to complete a suspension from the activity for sixty (60) school days to 28	include twelve (12) weekends from the date the infraction was acted upon by the administrator. 29	This will carry over to the following academic years until all policy requirements have been
30	completed. 31

32	Additional Offense:

33
34	Any drug or alcohol offense beyond the first (1st) will result in the student being eliminated from 35	any further participation in athletic/activity programs for the remainder of that season. All future 36	eligibility considerations will be determined by the administration only after the successful
37	completion of a certified drug and alcohol abuse program.

38 39
40

41	Legal Reference:	§ 20-5-201, MCA	Duties and sanctions 42

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3345 4

5	Gambling 6

7	Students are not permitted to gamble for money while in school, on school property, in school 8	vehicles, while on school-sponsored trips, or when representing the school during activity or
9	athletic functions. Students who are found to be betting, playing cards, rolling dice for money, 10	playing keno or poker machines, gambling on the Internet, or involved in any other form of
11	gambling shall be reported to the principal. Appropriate discipline will be administered in 12	accordance with the District’s student discipline policies.
13

14

15

16	Legal Reference: 17
18

§ 23-5-112, MCA § 23-5-158, MCA

Definitions
Minors not to participate – penalty – exception

19	Policy History:

20	Adopted on:	August 28, 2007 21	Reviewed on:
22	Revised on:

1	Hardin Public Schools 2

3	STUDENTS 4

5	Extracurricular Activities Drug-Testing Program

6

3350 page 1 of 3

7	The District has a strong commitment to the health, safety, and welfare of its students. Results of 8	studies throughout the United States indicate that education alone, as a preventive measure, is not 9	effective in combating substance abuse. Our commitment to maintaining the extracurricular
10	activities in the District as a safe and secure educational environment requires a clear policy and 11	supportive programs relating to detection, treatment, and prevention of substance abuse by
12	students involved in extracurricular activities. 13

14	Purpose 15

16	The drug-testing program is not intended to be disciplinary or punitive in nature. Students 17	involved in extracurricular activities need to be exemplary in the eyes of the community and 18	other students. It is the purpose of this program to prevent students from participating in
19	extracurricular activities while they have drug residues in their bodies, and it is the purpose of 20	this program to educate, help, and direct students away from drug and alcohol abuse and toward 21	a healthy and drug-free participation. No student shall be expelled or suspended from school as 22	a result of any verified positive test conducted by his/her school under this program, other than 23	as stated herein.
24

25	Scope 26

27	Participation in extracurricular activities is a privilege. This policy applies to all District students 28	in grades 9-12, who wish to participate in extracurricular athletics, activities, clubs, or
29	organizations under the control and jurisdiction of the Montana High School Association and/or 30	Hardin High School.
31

32	Consent Form 33

34	It is MANDATORY that each student who participates in extracurricular activities and their 35	parent/guardian or caretaker relative sign and return the Consent Form prior to participation in 36	any extracurricular activity. Failure to comply will result in nonparticipation. Any individual
37	involved in falsifying or attempting to falsify their or another individual’s drug test will be 38	treated as testing positive.
39

40	Each extracurricular participant shall be provided with the Consent Form (3350F), which shall be 41	dated and signed by the participant and by the parent/guardian or caretaker relative. In so doing, 42	the student is agreeing to participate in the random drug-testing program at Hardin High School. 43
44	Drug Testing Schedule 45

46	Thirty percent (30%) of participants in fall (FB, VB, GO, XC, CH), winter (WR, SW, BBB,

1	3350 2                                                                                                                                                                                  page 2 of 3 3
4	GBB, S/D, CH), and spring (TR, TN, SB) seasons will be randomly selected for testing during 5	the first (1st) week of the season/school year. Thereafter, five percent (5%) of the current
6	season’s participants will be randomly selected for drug testing each week.

7

8	Testing Procedures 9

10	1.	Hardin High School will use a Urinalysis and an Oral Fluids (saliva) Drug Test. 11

12	2.	The test will be done by at least two (2) adults, one (1) being the school nurse or athletic 13                       trainer, the other being the Athletic Director or his assistant.
14

15	3.	The test givers will have a negative or positive result within fifteen (15) minutes 16                       following the test.
17

18	4.	In the event the test should be positive, it will be sent to an independent laboratory for 19                       confirmation. Only after the second (2nd) positive result will the student be considered 20                       positive.

21

22	Medication 23

24	Student participants who have been or who are taking prescription medication must provide 25	verification (either by a copy of the prescription or by doctor’s authorization) prior to being 26	tested. Students who refuse to provide verification and who test positive will be subject to 27	actions specified below in “Results of the Drug Testing.”
28

29	Results of the Drug Testing 30

31	If a student tests positive to the drug test, the following will occur: 32

33	1.	Notification to the parent, guardian, or caretaker relative. 34

35	2.	A due process hearing will be conducted with the principal, coach, parent/guardian or 36                       caretaker relative, and the student.
37

38	3.	The student must receive a professional chemical dependency evaluation from a certified 39                       chemical dependency counselor.
40

41	4.	The student may not participate in any activity at Hardin High School, until evaluation, a 42                       public or school-based substance abuse information program, and the remaining policy 43                       requirements from # 8, below, have been completed. This will carry over to the
44	following academic years, until all policy requirements have been completed. 45

46	5.	Once a student tests positive, that student will be required to take the drug test at least

1	3350 2                                                                                                                                                                                  page 3 of 3 3
4	once a month for as long as the student participates in activities for that school year. 5

6	6.	If a student refuses to take a drug test, all procedures will be followed as if the student 7                       tested positive on the test.
8

9	7.	If a student tests positive on a drug test twice in a school year, the student will be

10	eliminated from any further participation in athletic/activity programs for the remainder 11	of the season and must enroll and successfully complete an approved drug/alcohol
12	program in order to be considered for further eligibility during the current school year. 13

14	8.	When a student tests positive: The student is suspended from participation in all

15	athletic/activity programs and co-curricular activities for twenty (20) school days, to

16	include four (4) weekends, from the date the infraction was acted upon by the coach/ 17	activity sponsor or administrator; the student must enroll in and complete a public or 18	school-based substance abuse information program within the twenty-(20)-day
19	suspension. Any exception to this must have administrative approval. During the 20	twenty- (20)-day suspension, the student is allowed to practice with the team.

21

22	9.	This policy is in addition to the drug and alcohol policy in the Hardin High School 23                       Activity Discipline Policy.
24

25

26

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS 4

5	Student Health/Physical Screenings/Examinations

6

3410 page 1 of 2

7	The Board may arrange each year for health services to be provided to all students. Such 8	services may include but not be limited to:
9

10	1.	Development of procedures at each building for isolation and temporary care of students 11                       who become ill during the school day;
12

13	2.	Consulting services of a qualified specialist for staff, students, and parents; 14

15	3.	Vision and hearing screening; 16

17	4.	Scoliosis screening; 18

19	5.	Dental screening; 20

21	6.	Immunization as provided by the Department of Public Health and Human Services. 22

23	7.	The maintenance of student health records. 24

25	Parents/guardians will receive written notice of any screening result which indicates a condition 26	that might interfere or tend to interfere with a student’s progress.
27

28	In general the District will not conduct physical examinations of a student without parental 29	consent to do so or by court order, unless the health or safety of the student or others is in
30	question. Further, parents will be notified of the specific or approximate dates during the school 31	year when screening administered by the District is conducted, which is:
32

33	1.	Required as a condition of attendance. 34

35	2.	Administered by the school and scheduled by the school in advance. 36

37	3.	Not necessary to protect the immediate health and safety of the student or other students. 38

39	Parents or eligible students will be given the opportunity to opt out of the above-described 40	screenings.
41

42	Students who wish to participate in certain extracurricular activities may be required to submit to 43	a physical examination to verify their ability to participate in the activity. Students participating 44	in activities governed by the Montana High School Association will be required to follow the
45	rules of that organization, as well as other applicable District policies, rules, and regulations. 46

1	3410 2                                                                                                                                                                                  page 2 of 2 3
4	All parents will be notified of requirements of the District’s policy on physical examinations and 5	screening of students, at least annually at the beginning of the school year and within a
6	reasonable period of time after any substantive change in the policy. 7

8

9

10	Legal Reference: 11
12

§ 20-3-324(20), MCA 20 U.S.C. 1232h(b)

Powers and duties
General Education Provisions Act

13	Policy History: 14	Adopted on:
15	Reviewed on:

16	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	STUDENTS	3413 4

5	Student Immunization 6

7	The Board requires all students to present evidence of their having been immunized against the following 8	diseases: varicella, diphtheria, pertussis (whooping cough), poliomyelitis, measles (rubeola), mumps,
9	rubella, and tetanus in the manner and with immunizing agents approved by the department. 10	Haemophilus influenza type “b” immunization is required for students under age five (5). 11
12	Upon initial enrollment, an immunization status form shall be completed by the student’s parent 13	or guardian. The certificate shall be made a part of the student’s permanent record.
14
15	A student who transfers into the District may photocopy immunization records in the possession 16	of the school of origin. The District will accept the photocopy as evidence of immunization.
17	Within thirty (30) days after a transferring student ceases attendance at the school of origin, the
18	school shall retain a certified copy for the permanent record and send the original immunization 19	records for the student to the school district to which the student transfers. Exemptions from one 20	or more vaccines shall be granted for medical reasons upon certification by a physician
21	indicating the specific nature and probable duration of the medical condition for not
22	administering the vaccine(s). Exemptions for religious reasons must be filed annually. The 23	statement for an exemption shall be maintained as part of the student’s immunization record.
24	The permanent file of students with exemptions shall be marked for easy identification, should 25	the Department of Public Health and Human Services order that exempted students be excluded 26	from school temporarily when the risk of contracting or transmitting a disease exists. Exclusion 27	shall not exceed thirty (30) calendar days.
28
29	The Superintendent may allow the commencement of attendance in school by a student who has not been 30	immunized against each disease listed in § 20-5-403, MCA, if that student has received one or more doses 31	of varicella, polio, measles (rubella), mumps, rubella, diphtheria, pertussis, and tetanus vaccine, except
32	that Haemophilus influenza type “b” vaccine is required only for children under 5 years of age. 33

34	The District shall exclude a student for noncompliance with the immunization laws and properly 35	notify the parent or guardian. The local health department may seek an injunction requiring the 36	parent to submit an immunization status form, take action to fully immunize the student, or file 37	an exemption for personal or medical reasons.

38

39	Legal Reference: 40

41 42
43

§ 20-3-324(20), MCA § 20-5-402 - 410, MCA § 20-5-403, MCA

§ 20-5-405, MCA

Powers and duties Health
Immunization required – release and acceptance of immunization records Medical or religious exemption

44

45	Policy History: 46	Adopted on:
47	Reviewed on:
48	Revised on:	August 28, 2007, June 23, 2015

1	Hardin Public Schools 2

3	STUDENTS	3415 4

5	Management of Sports Related Concussions 6
7        The Hardin School District recognizes that concussions and head injuries are commonly reported 8        injuries in children and adolescents who participate in sports and other recreational activities. The 9        Board acknowledges the risk of catastrophic injuries or death is significant when a concussion or
10	head injury is not properly evaluated and managed. Therefore, all K-12 competitive youth athletic 11	activities in the District will be identified by the administration.

12	Consistent with guidelines provided by the U.S. Department of Health and Human Services, Centers 13	for Disease Control and Prevention, the National Federation of High School (NFHS) and the
14	Montana High School Association (MHSA), the District will utilize procedures developed by the 15	MHSA and other pertinent information to inform and educate coaches, athletic trainers, officials, 16	youth athletes, and their parents and/or guardians of the nature and risk of concussions or head
17	injuries, including the dangers associated with continuing to play after a concussion or head injury. 18	Resources are available on the Montana High School Association Sports Medicine page at
19	www.mhsa.org; U.S. Department of Health and Human Services page at: www.hhs.gov; and; the 20	Centers for Disease and Prevention page at www.cdc.gov/concussion/sports.index.html.

21

22	Annually, the district will distribute a head injury and concussion information and sign-off sheet to 23	all parents and guardians of student-athletes in competitive sport activities prior to the student-
24	athlete's initial practice or competition.

25	All coaches, athletic trainers, officials, including volunteers participating in organized youth athletic 26	activities, shall complete the training program at least once each school year as required in the
27	District procedure. Additionally, all coaches, athletic trainers, officials, including volunteers 28	participating in organized youth athletic activities will comply with all procedures for the
29	management of head injuries and concussions.

30

31	Reference: 32
33

34	Legal Reference: 35
36	Cross Reference:

37
38	Policy History:

Montana High School Association, Rules and Regulations Section 4, Return to Play

Senate Bill 112 (2013 Legislature)

3415F Student-Athlete & Parent/Legal Custodian Concussion Statement

39	Adopted on:	June 25, 2013 40	Reviewed on:
41	Revised on:

© MTSBA 2010

1	Hardin Public Schools 2

3	STUDENTS 4

5	Administering Medicines to Students

3416 page 1 of 4

6

7	“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food and 8	Drug Administration and are ordered by a healthcare provider. It includes over-the-counter
9	medications prescribed through a standing order by the school physician or prescribed by the 10	student’s healthcare provider.
11

12	A building principal or other administrator may authorize, in writing, any school employee: 13

14	To assist in self-administration of any drug that may lawfully be sold over the counter

15	without a prescription to a student in compliance with the written instructions and with the 16	written consent of a student’s parent or guardian; and
17

18	To assist in self-administration of a prescription drug to a student in compliance with written 19	instructions of a medical practitioner and with the written consent of a student’s parent or
20	guardian. 21

22	Except in an emergency situation, only a qualified healthcare professional may administer a drug or a 23	prescription drug to a student under this policy. Diagnosis and treatment of illness and the
24	prescribing of drugs are never the responsibility of a school employee and should not be practiced by 25	any school personnel.
26

27	Administering Medication 28

29	The Board will permit administration of medication to students in schools in its jurisdiction. A 30	school nurse (who has successfully completed specific training in administration of medication),
31	pursuant to written authorization of a physician or dentist and that of a parent, an individual who has 32	executed a caretaker relative educational authorization affidavit, or guardian, may administer
33	medication to any student in the school or may delegate this task pursuant to Montana law. 34

35	Emergency Administration of Medication 36

37	In case of an anaphylactic reaction or risk of such reaction, a school nurse or delegate may administer 38	emergency oral or injectable medication to any student in need thereof on school grounds, in a school 39	building, or at a school function, according to a standing order of a chief medical advisor or a
40	student’s private physician. 41

42	In the absence of a school nurse, an administrator or designated staff member exempt from the nurse 43	license requirement under § 37-8-103(1)(c), MCA, who has completed training in administration of 44	medication, may give emergency medication to students orally or by injection.
45

46	The Board requires that there must be on record a medically diagnosed allergic condition that would 47	require prompt treatment to protect a student from serious harm or death.
48

1	3416 2                                                                                                                                                                                 page 2 of 4 3
4	A building administrator or school nurse will enter any medication to be administered in an
5	emergency on an individual student medication record and will file it in a student’s cumulative health 6	folder.
7
8	Self-Administration of Medication 9

10	The District will permit students who are able to self-administer specific medication to do so 11	provided that:
12
13		A physician or dentist provides a written order for self-administration of said medication; 14		Written authorization for self-administration of medication from a student’s parent, an
15	individual who has executed a caretaker relative educational authorization affidavit, or 16	guardian is on file; and
17		A principal and appropriate teachers are informed that a student is self-administering 18                       prescribed medication.
19
20	A building principal or school administrator may authorize, in writing, any employee to assist with 21	self-administration of medications, provided that only the following may be employed:
22
23		Making oral suggestions, prompting, reminding, gesturing, or providing a written guide for 24                       self-administering medications;
25		Handing to a student a prefilled, labeled medication holder or a labeled unit dose container, 26                       syringe, or original marked and labeled container from a pharmacy;
27		Opening the lid of a container for a student;
28		Guiding the hand of a student to self-administer a medication;
29		Holding and assisting a student in drinking fluid to assist in the swallowing of oral 30                       medications; and
31		Assisting with removal of a medication from a container for a student with a physical 32                       disability that prevents independence in the act.
33
34	Self-Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication 35

36	Students with allergies or asthma may be authorized by the building principal or Superintendent, in 37	consultation with medical personnel, to possess and self-administer emergency medication during the 38	school day, during field trips, school-sponsored events, or while on a school bus. The student shall 39	be authorized to possess and self-administer medication if the following conditions have been met: 40
41		A written and signed authorization from the parents, an individual who has executed a
42	caretaker relative educational authorization affidavit, or guardians for self-administration of 43	medication, acknowledging that the District or its employees are not liable for injury
44		that results from the student self-administering the medication.
45		The student must have the prior written approval of his/her primary healthcare provider. The 46                       written notice from the student’s primary care provider must specify the name and purpose of 47                       the medication, the prescribed dosage, frequency with which it may be administered, and the 48                       circumstances that may warrant its use.

1	3416 2                                                                                                                                                                                  page 3 of 4 3
4		Documentation that the student has demonstrated to the healthcare practitioner and the school 5                       nurse, if available, the skill level necessary to use and administer the medication.
6		Documentation of a doctor-formulated written treatment plan for managing asthma, severe
7	allergies, or anaphylaxis episodes of the student and for medication use by the student during 8	school hours.
9
10	Authorization granted to a student to possess and self-administer medication shall be valid for the 11	current school year only and must be renewed annually.
12
13	A student’s authorization to possess and self-administer medication may be limited or revoked by the 14	building principal or other administrative personnel.
15
16	If provided by the parent, an individual who has executed a caretaker relative educational
17	authorization affidavit, or guardian, and in accordance with documentation provided by the student’s 18	doctor, backup medication must be kept at a student’s school in a predetermined location or locations 19	to which the student has access in the event of an asthma, severe allergy, or anaphylaxis emergency. 20
21	Immediately after using epinephrine during school hours, a student shall report to the school nurse or 22	other adult at the school who shall provide follow up care, including making a 9-1-1 emergency call. 23
24	Administration of Glucagons 25

26	School employees may voluntarily agree to administer glucagons to a student pursuant to § 20-5-412, 27	MCA, only under the following conditions: (1) the employee may administer glucagon to a diabetic 28	student only in an emergency situation; (2)the employee has filed the necessary designation and
29	acceptance documentation with the District, as required by § 20-5-412(2), MCA, and (3) the
30	employee has filed the necessary written documentation of training with the District, as required by § 31	20-5-412(4), MCA.
32
33	Handling and Storage of Medications 34
35	The Board requires that all medications, including those approved for keeping by students for self-36	medication, be first delivered by a parent, an individual who has executed a caretaker relative
37	educational authorization affidavit, or other responsible adult to a nurse or employee assisting with 38	self-administration of medication. A nurse or assistant:
39
40		Must examine any new medication to ensure it is properly labeled with dates, name of ]
41	student, medication name, dosage, and physician’s name;
42		Must develop a medication administration plan, if administration is necessary for a student, 43                       before any medication is given by school personnel;
44		Must record on the student’s individual medication record the date a medication is 45		delivered and the amount of medication received;
46		Must store medication requiring refrigeration at 36° to 46° F;
47                   Must store prescribed medicinal preparations in a securely locked storage compartment; and 48                   Must store controlled substances in a separate compartment, secured and locked at all times.

1	3416 2                                                                                                                                                                                  page 4 of 4 3
4	The District will permit only a forty-five-(45)-school-day supply of a medication for a student to be 5	stored at a school; and all medications, prescription and nonprescription, will be stored in their
6	original containers. 7

8	The District will limit access to all stored medication to those persons authorized to administer

9	medications or to assist in the self-administration of medications. The District requires every school 10	to maintain a current list of those persons authorized by delegation from a licensed nurse to
11	administer medications. 12

13	The District may maintain a stock supply of auto-injectable epinephrine to be administered by a 14	school nurse or other authorized personnel to any student or nonstudent as needed for actual or
15	perceived anaphylaxis. If the district intends to obtain an order for emergency use of epinephrine in 16	a school setting or at related activities, the district shall adhere to the requirements stated in 20-5-420, 17	Section 2, MCA.
18

19	Disposal of Medication 20

21	The District requires school personnel either to return to a parent, an individual who has executed a 22	caretaker relative educational authorization affidavit, or guardian or, with permission of the parent, 23	an individual who has executed a caretaker relative educational authorization affidavit, or guardian, 24	to destroy any unused, discontinued, or obsolete medication. A school nurse, in the presence of a 25	witness, will destroy any medicine not repossessed by a parent or guardian within a seven-(7)-day 26	period of notification by school authorities.
27

28

29	Legal Reference: 30
31 32 33 34
35

§ 20-5-412, MCA

§ 20-5-420, MCA

8.32.1733, ARM

Definition – parent-designated adult administration of glucagons – training
Self-administration or possession of asthma, severe allergy, or anaphylaxis medication
Tasks Which May Be Routinely Assigned to an Unlicensed Person in any Setting When a Nurse-Patient Relationship Exists

36

37	Policy History: 38	Adopted on: 39	Reviewed on:
40	Revised on:	August 28, 2007, December 11, 2007, July 12, 2011, June 25, 2013

1	Hardin Public Schools 2

3	STUDENTS 4

5	Communicable Diseases

6

3417 page 1 of 2

7	Note: For purposes of this policy, the term “communicable disease” refers to the diseases

8	identified in 16.28.202, ARM, Reportable Diseases, with the exception of common colds and flu. 9

10	In all proceedings related to this policy, the District will respect a student’s right to privacy.

11	Although the District is required to provide educational services to all school-age children who 12	reside within its boundaries, it may deny attendance at school to any child diagnosed as having a 13	communicable disease that could make a child’s attendance harmful to the welfare of other
14	students. The District also may deny attendance to a child with suppressed immunity in order to 15	protect the welfare of that child when others in a school have an infectious disease, which,
16	although not normally life threatening, could be life threatening to a child with suppressed 17	immunity.
18

19	The Board recognizes that communicable diseases that may afflict students range from common 20	childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as 21	human immunodeficiency virus (HIV) infection. The District will rely on advice of the public 22	health and medical communities in assessing the risk of transmission of various communicable 23	diseases to determine how best to protect the health of both students and staff.
24

25	The District will manage common communicable diseases in accordance with Montana

26	Department of Public Health and Human Services guidelines and communicable diseases control 27	rules. The District may temporarily exclude from school attendance a student who exhibits
28	symptoms of a communicable disease that is readily transmitted in a school setting. 29

30	Students who complain of illness at school may be referred to a school nurse or other responsible 31	person designated by the Board and may be sent home as soon as a parent or person designated 32	on a student’s emergency medical authorization form has been notified. The District reserves the 33	right to require a statement from a student’s primary care provider authorizing a student’s return 34	to school.
35

36	When information is received by a staff member or a volunteer that a student is afflicted with a 37	serious communicable disease, the staff member or volunteer will promptly notify a school nurse 38	or other responsible person designated by the Board to determine appropriate measures to be
39	taken to protect student and staff health and safety. A school nurse or other responsible person 40	designated by the Board, after consultation with and on advice of public health officials, will 41	determine which additional staff members, if any, have need to know of the affected student’s 42	condition.
43

44	Only those persons with direct responsibility for the care of a student or for determining

45	appropriate educational accommodation will be informed of the specific nature of a condition, if 46	it is determined that such individuals need to know this information.

1	3417 2                                                                                                                                                                                  page 2 of 2 3
4	The District may notify parents of other children attending a school that their children have been 5	exposed to a communicable disease without identifying the particular student who has the
6	disease. 7

8

9

10	Legal Reference:	37.114.101, et seq., ARM	Communicable Disease Control 11

12	Policy History: 13	Adopted on:
14	Reviewed on:

15	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3420 4

5	Head Lice 6

7	The Board recognizes its responsibility to all students enrolled in the Hardin Public Schools to 8	provide a safe and healthy environment in which they may attend school. One inhibitor to a
9	healthy environment is the head louse (Pediculus capitis). Head lice infestations must be
10	addressed in public schools if a healthy environment is to be maintained. Every attempt will be 11	made to educate students and parents on the prevention and eradication of head lice before and 12	after infestation is detected.
13

14	The innocent desire of children to be social and the communicable nature of lice requires
15	preventive measures by the school district and the public health agency to contain infestations. 16	The Hardin Public Schools will work cooperatively with the public health agency to insure that 17	infestations of head lice are contained and eradicated in the school.
18

19	In the interest of health and welfare of students enrolled in Hardin Public Schools, students will 20	be permitted to attend class with the general population unless a school nurse determines they are 21	infested with head lice. In which case, the parent or guardian will be contacted to pick up the
22	student. 23

24	Whole classrooms will be checked if a teacher identifies 5 (five) or more students or 25% of the 25	entire class with possible head lice. The administrator, his/her designee, school nurse or another 26	qualified professional will examine the children in question and their classmates.
27	Every attempt will be made to check all other siblings attending Hardin Public Schools of 28	students found with lice.
29

30	The student found with head lice is to be kept out of school until he/she is treated and hair is free 31	of lice. The student may return to school after being successfully treated so that no live lice are 32	present.
33

34	Parents or guardians will be informed of lice infestation by a letter that explains the problem, 35	lists the procedures for treatment and requirements for reentering school. Every attempt will be 36	made to contact parents or guardians immediately upon discovery of head lice. Parents will be 37	asked to come to school to pick up the student and begin treatment immediately.
38

39
40	Policy History: 41	Adopted on:
42	Reviewed on: 43	Revised on:

01/27/2015

06/28/2016

©MTSBA 2013

1	Hardin Public Schools 2

3	STUDENTS	3431 4

5	Emergency Treatment 6

7	The Board recognizes that schools are responsible for providing first aid or emergency treatment 8	to a student in case of sudden illness or injury; however, further medical attention is the
9	responsibility of a parent or guardian. 10

11	The District requires that every parent or guardian provide a telephone number where a parent or 12	designee of a parent may be reached in case of an emergency.
13

14	When a student is injured, staff will provide immediate care and attention until relieved by a

15	superior, a nurse, or a doctor. The District will employ its normal procedures to address medical 16	emergencies without regard to the existence of a do not resuscitate (DNR) request. A principal 17	or designated staff member will call a parent or parental designee so that the parent may arrange 18	for care or treatment of an injured student.
19

20	When a student develops symptoms of illness while at school, a responsible school official will 21	do the following:
22

23	Isolate the student from other children to a room or area segregated for that purpose; 24

25	Inform a parent or guardian as soon as possible about the illness and request the parent or 26	guardian to pick up the child; and
27

28	Report each case of suspected communicable disease the same day by telephone to a 29	local health authority or as soon as possible thereafter if a health authority cannot be 30	reached the same day.
31

32	When a parent or guardian cannot be reached, and it is the judgment of a principal or other

33	person in charge that immediate medical attention is required, an injured student may be taken 34	directly to a hospital. Once located, a parent or a guardian is responsible for continuing
35	treatment or for making other arrangements. 36

37

38

39	Legal Reference:	ARM 37.111.825	Health Supervision and Maintenance 40

41	Policy History: 42	Adopted on:
43	Reviewed on:

44	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2
3	STUDENTS	3515 4                                                                                                                                               Page 1 of 2 5
6	Food Allergy Management 7
8	Food-allergic reactions can develop into severe or life-threatening reactions and, even with 9	proper treatment, can be fatal. A student’s ability to learn may be drastically altered by their
10	fears of a reaction. The Board will endeavor to provide a safe and healthy environment for
11	students with severe and life-threatening food allergies and to address food allergy management 12	in District schools in order to:
13
14	1. Reduce the likelihood of severe or potentially life-threatening allergic reactions; 15	2. Ensure a rapid and effective response in the case of a severe or potentially life-16                   threatening allergic reaction; and
17	3. To provide students, through necessary accommodations, the opportunity to participate 18                  fully in all school programs and activities, including classroom parties and field trips. 19
20	Food allergy management will focus on prevention, education, awareness, communication, and 21	emergency response.
22
23	District and school administrators, will endeavor to be knowledgeable about and follow all
24	applicable federal laws, including the Americans with Disabilities Act, Section 504, Individuals 25	with Disabilities Education Act, and the FamilyEducational Rights and Privacy Act, as well as 26	all state laws and District policies/guidelinesthat may apply to students with allergies.
27	Administrators or their designees may make all ofthe appropriate allergy forms available to
28	parents, explain the procedures for completing and returning them, and ensure that all forms and 29	health records submitted by parents and physicians are reviewed by the appropriate personnel. 30	Administrators and school nurses may also meet with parents and listen to their needs and
31	concerns. 32
33	When a student has been identified as having food allergies verified by a physician, nurse 34	practitioner, or physician assistant, individual written management plans may be used to
35	determine accommodations to be made on a daily basis to prevent and prepare for an allergic 36	reaction. An emergency care plan may be used to provide direction in the event of a life-
37	threatening allergic reaction at school or at a school event. Key staff members may be trained to 38	use emergency medications and may be notified of the location of those medications at school 39	and at any special function.
40
41	The Superintendent or designee, in coordination with the school nurse, school nutrition services 42	staff, and other pertinent staff, may develop administrative regulations to implement this policy, 43	including regulations pertaining to all classrooms and instructional areas, school cafeterias,
44	outdoor activity areas, school buses, field trips, and school activities held before or after the 45	school day.
46 47

1	3515 2                                                                                                                                            Page 2 of 2 3
4	Administrative regulations may address the following components: 5
6	1. Identification of students with food allergies and provision of school health services; 7	2. Development and implementation of individual written management plans;
8	3. Medication protocols, including methods of storage, access and administration;
9	4. Development of a comprehensive and coordinated approach to creating a healthy school 10                   environment;
11	5. Ensuring that the needs of children with documented allergies are taken into 12                  consideration in planning for District programs;
13	6. Communication and confidentiality; 14	7. Emergency response;
15	8. Professional development and training for school personnel; 16	9. Awareness education for students and parents/guardians;
17	10. Training for District staff and volunteers; and 18	11. Policy monitoring and evaluation.
19
20	Allergy-related policies, protocols, and plans may be updated annually or after any serious 21	allergic reaction occurs at school or at a school-sponsored activity.
22
23	The Superintendent or designee may annually notify students, parents/guardians, staff and the 24	public about the District’s food allergy management policy by publishing such in handbooks and 25	newsletters, on the District’s website, through posted notices, or other efficient methods.
26
27	Students with allergies will be treated in a way that encourages the student to report possible 28	exposure to allergen and any symptoms of an allergic reaction, and to progress toward self-care 29	with his or her food allergy management skills. Allergy-related bullying will not be tolerated. 30
31	The parent/guardian is expected to provide an adequate supply of the medication to be dispensed, 32	and to retrieve any unused medication at the end of the school year or at the withdrawal of the
33	student. Medication that is not retrieved by the parent/guardian by the student’s last day of 34	attendance during the school year will be disposed of by the District. This disposal will be 35	verified by two (2) people.
36 37
38	Cross Reference: 2161	Special Education
39	2162	Section 504 of the Rehabilitation Act of 1973 40	3416	Administering Medicines to Students
41	Authorization for Self-Administered Asthma/Emergency 42	Medication
43
44	Policy History:
45	Adopted on:	03/22/2016 46	Reviewed on:
47	Revised on:

1	Hardin Public Schools	R 2

3	STUDENTS	3520 4

5	Student Fees, Fines, and Charges 6

7	Within the concept of free public education, the District will provide an educational program for 8	students as free of costs as possible.
9

10	The Board may charge a student a reasonable fee for any course or activity not reasonably

11	related to a recognized academic and educational goal of the District or for any course or activity 12	taking place outside normal school functions. The Board may waive fees in cases of financial
13	hardship. 14

15	The Board delegates authority to the Superintendent to establish appropriate fees and procedures 16	governing collection of fees and asks the Superintendent to make annual reports to the Board
17	regarding fee schedules. The Board also may require fees for actual cost of breakage and for 18	excessive supplies used in commercial, industrial arts, music, domestic science, science, or 19	agriculture courses.
20

21	The District holds a student responsible for the cost of replacing materials or property that are

22	lost or damaged because of negligence. A building administrator will notify a student and parent 23	regarding the nature of violation or damage, how restitution may be made, and how an appeal
24	may be instituted. The District may withhold a student’s grades or diploma until restitution is 25	made. The District may not refuse to transfer files because a student owes fines or fees. (a) A 26	school district may withhold the grades, diploma, or transcripts of a pupil who is responsible for 27	the cost of school materials or the loss or damage of school property until the pupil or the pupil's 28	parent or guardian satisfies the obligation.
29

30	(b) A school district that decides to withhold a pupil's grades, diploma, or transcripts 31        from the pupil and the pupil's parent or guardian pursuant to subsection (4)(a) shall:
32	(i) upon receiving notice that the pupil has transferred to another school district in the 33        state, notify the pupil's parent or guardian in writing that the school district to which the pupil 34        has transferred will be requested to withhold the pupil's grades, diploma, or transcripts until any 35        obligation has been satisfied;
36	(ii) forward appropriate grades or transcripts to the school to which the pupil has 37        transferred;
38	(iii) at the same time, notify the school district of any financial obligation of the pupil

39	and request the withholding of the pupil's grades, diploma, or transcripts until any obligations are 40	met;
41	(iv) when the pupil or the pupil's parent or guardian satisfies the obligation, inform the 42        school district to which the pupil has transferred;
43

44	A student or parent may appeal the imposition of a charge for damages to the Superintendent and 45	to the Board.
46

1

2

3	Legal reference: 4

5 6
7

§ 20-1-213 (3), MCA Transfer of school records § 20-5-201(4), MCA Duties and sanctions
§ 20-7-601, MCA	Free textbook provisions § 20-9-214, MCA	Fees

8	Policy History: 9	Adopted on:
10	Reviewed on:

11	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	STUDENTS	3530 4

5	Student Fund-Raising Activities 6

7	The Board acknowledges that the solicitations of funds from students, staff, and citizens must be 8	limited since students are a captive audience and since solicitation can disrupt the program of the 9	schools. Solicitation and collection of money by students for any purpose, including the
10	collection of money by students in exchange for tickets, papers, magazine subscriptions, or for 11	any other goods or services for the benefit of an approved school organization, may be permitted 12	by the Superintendent, providing that the instructional program is not adversely affected.
13

14

15

16	Policy History: 17	Adopted on:
18	Reviewed on:

19	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	STUDENTS	3600 4

5	Student Records 6

7	School student records are confidential, and information from them will not be released other 8	than as provided by law. State and federal laws grant students and parents certain rights,
9	including the right to inspect, copy, and challenge school records. 10

11	The District will ensure information contained in student records is current, accurate, clear, and 12	relevant. All information maintained concerning a student receiving special education services 13	will be directly related to the provision of services to that child. The District may release
14	directory information as permitted by law, but parents will have the right to object to release of 15	information regarding their child. Military recruiters and institutions of higher education may 16	request and receive the names, addresses, and telephone numbers of all high school students, 17	unless the parent(s) notifies the school not to release this information.
18

19	The Superintendent will implement this policy and state and federal law with administrative

20	procedures. The Superintendent or designee will inform staff members of this policy and inform 21	students and their parents of it, as well as of their rights regarding student school records.
22

23	Each student’s permanent file, as defined by the board of public education, must be permanently 24	kept in a secure location. Other student records must be maintained and destroyed as provided in 25	20-1-212, MCA.
26

27	Legal Reference: 28
29 30 31 32 33
34

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99
§ 20-1-212, MCA	Destruction of records by school officer. § 20-5-201, MCA	Duties and sanctions
§ 40-4-225, MCA	Access to records by parent 10.55.909, ARM	Student Records
No Child Left Behind Act of 2001, P.L. 107-334

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007, June 25, 20113

1	Hardin Public Schools 2

3	STUDENTS	3606 4

5	Transfer of Student Records 6

7	The District will forward by mail or by electronic means a certified copy of a permanent or

8	cumulative file of any student and a file of special education records of any student to a local 9	educational agency or accredited school in which a student seeks to or intends to enroll within
10	five (5) working days after receipt of a written or electronic request. The files to be forwarded 11	must include education records in a permanent file – that is, name and address of a student, name 12	of parent or legal guardian, date of birth, academic work completed, level of achievement
13	(grades, standardized tests), immunization records, special education records, and any 14	disciplinary actions taken against a student that are educationally related.
15

16	When the District cannot transfer records within five (5) days, the District will notify a requestor, 17	in writing or electronically, and will provide reasons why the District is unable to comply with a 18	five-(5)-day time period. The District also will include in that notice the date by which requested 19	records will be transferred. The District will not refuse to transfer records because a student
20	owes fines or fees. 21

22

23

24	Cross Reference: 25
26

3413
3600 - 3600P

Student Immunization Student Records

27	Legal Reference:	§ 20-1-213, MCA	Transfer of school records 28

29	Policy History: 30	Adopted on:
31	Reviewed on:

32	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	STUDENTS	3608 4

5	Receipt of Confidential Records 6

7	Pursuant to Montana law, the District may receive case records of the Department of Public 8	Health and Human Services and its local affiliate, the county welfare department, the county
9	attorney, and the court concerning actions taken and all records concerning reports of child abuse 10	and neglect. The District will keep these records confidential as required by law and will not
11	include them in a student’s permanent file. 12

13	The Board authorizes the individuals listed below to receive information with respect to a 14	District student who is a client of the Department of Public Health and Human Services: 15

16		Counselor 17

18	When the District receives information pursuant to law, the Superintendent will prevent 19	unauthorized dissemination of that information.
20

21

22

23	Cross Reference:	3600 - 3600P Student Records 24

25	Legal Reference:	§ 41-3-205, MCA	Confidentiality – disclosure exceptions 26

27	Policy History:

28	Adopted on:	August 28, 2007 29	Reviewed on:
30	Revised on:

1	Hardin Public Schools 2

3	STUDENTS 4

5	District-Provided Access to Electronic Information, Services, and Networks 6

7	General

8

R

3612 page 1 of 2

9	The District makes Internet access and interconnected computer systems available to District

10	students and faculty. The District provides electronic networks, including access to the Internet, 11	as part its instructional program and to promote educational excellence by facilitating resource 12	sharing, innovation, and communication.
13

14	The District expects all students to take responsibility for appropriate and lawful use of this 15	access, including good behavior on-line. The District may withdraw student access to its
16	network and to the Internet when any misuse occurs. District teachers and other staff will make 17	reasonable efforts to supervise use of network and Internet access; however, student cooperation 18	is vital in exercising and promoting responsible use of this access.
19

20	Curriculum 21

22	Use of District electronic networks will be consistent with the curriculum adopted by the

23	District, as well as with varied instructional needs, learning styles, abilities, and developmental 24	levels of students and will comply with selection criteria for instructional materials and library 25	materials. Staff members may use the Internet throughout the curriculum consistent with the 26	District’s educational goals.
27

28	Acceptable Uses 29

30	1.	Educational Purposes Only. All use of the District’s electronic network must be: (1) in 31                       support of education and/or research, and in furtherance of the District’s stated
32	educational goals; or (2) for a legitimate school business purpose. Use is a privilege, not 33	a right. Students and staff members have no expectation of privacy in any materials that 34	are stored, transmitted, or received via the District’s electronic network or District
35	computers. The District reserves the right to monitor, inspect, copy, review, and store, at 36	any time and without prior notice, any and all usage of the computer network and Internet 37	access and any and all information transmitted or received in connection with such usage. 38
39	2.	Unacceptable Uses of Network. The following are considered unacceptable uses and 40                       constitute a violation of this policy:
41

42	A.	Uses that violate the law or encourage others to violate the law, including but not 43                                     limited to transmitting offensive or harassing messages; offering for sale or use 44                                     any substance the possession or use of which is prohibited by the District’s
45	student discipline policy; viewing, transmitting, or downloading pornographic 46	materials or materials that encourage others to violate the law; intruding into

1	3612 2                                                                                                                                                                                  page 2 of 2 3
4	the networks or computers of others; and downloading or transmitting 5	confidential, trade secret information, or copyrighted materials.
6

7	B.	Uses that cause harm to others or damage to their property, including but not 8                                     limited to engaging in defamation (harming another’s reputation by lies);
9	employing another’s password or some other user identifier that misleads message 10	recipients into believing that someone other than you is communicating, or
11	otherwise using his/her access to the network or the Internet; uploading a worm, 12	virus, other harmful form of programming or vandalism; participating in
13	“hacking” activities or any form of unauthorized access to other computers, 14	networks, or other information.
15

16	C.	Uses that jeopardize the security of student access and of the computer network or 17                                     other networks on the Internet.
18

19	D.	Uses that are commercial transactions. Students and other users may not sell or 20                                     buy anything over the Internet. Students and others should not give information 21                                     to others, including credit card numbers and social security numbers.
22

23	Warranties/Indemnification 24

25	The District makes no warranties of any kind, express or implied, in connection with its

26	provision of access to and use of its computer networks and the Internet provided under this 27	policy. The District is not responsible for any information that may be lost, damaged, or
28	unavailable when using the network or for any information that is retrieved or transmitted via the 29	Internet. The District will not be responsible for any unauthorized charges or fees resulting from 30	access to the Internet. Any user is fully responsible to the District and will indemnify and hold 31	the District, its trustees, administrators, teachers, and staff harmless from any and all loss, costs, 32	claims, or damages resulting from such user’s access to its computer network and the Internet,
33	including but not limited to any fees or charges incurred through purchase of goods or services 34	by a user. The District expects a user or, if a user is a minor, a user’s parents or legal guardian to 35	cooperate with the District in the event of its initiating an investigation of a user’s use of access 36	to its computer network and the Internet.

37

38	Violations 39

40	If a student violates this policy, the District will deny the student access or will withdraw access 41	and may subject the student to additional disciplinary action. An administrator or building
42	principal will make all decisions regarding whether or not a user has violated this policy and any 43	related rules or regulations and may deny, revoke, or suspend access at any time, with that
44	decision being final. 45

46	Policy History:

47	Adopted on:	August 28, 2007 48	Reviewed on:
49	Revised on:

1	Hardin Public Schools 2

3	STUDENTS	3630 4

5	Cell Phones and Other Electronic Equipment 6

7	Student possession and use of cellular phones, pagers, and other electronic signaling devices (see 8	student handbooks) on school grounds, at school-sponsored activities, and while under the
9	supervision and control of District employees is a privilege which will be permitted only under 10	the circumstances described herein. At no time will any student operate a cell phone or other 11	electronic device with video capabilities in a locker room, bathroom, or other location where 12	such operation may violate the privacy right of another person in the high school during school 13	hours (7:30 a.m. - 5:00 p.m.). Laser lights and laser pens are not allowed on school property at 14	anytime.
15

16	Students may use cellular phones outside: before school, lunch time, and after school. These 17	devices must be kept out of sight and turned off during the instructional day. Unauthorized use 18	of such devices disrupts the instructional program and distracts from the learning environment. 19	Therefore, unauthorized use is grounds for consequences as described in the student handbook 20	and confiscation of the device by school officials, including classroom teachers.
21

22

23

24	Policy History:

25	Adopted on:	August 28, 2007 26	Reviewed on:
27	Revised on:

HARDIN PUBLIC SCHOOLS R = required
4000 SERIES COMMUNITY RELATIONS

TABLE OF CONTENTS

4000	Goals
R 4120	Public Relations
4210	School-Support Organizations R 4301	Visitors to Schools
R 4310	Public Complaints and Suggestions 4313	Disruption of School Operations
4315	Spectator Conduct and Sportsmanship for Athletic and Co-Curricular Events
R 4316	Accommodating Individuals With Disabilities 4320	Contact With Students
R 4330	Community Use of School Facilities
4331	Use of School Property for Posting Notices 4332	Conduct on School Property
4333	Community Schools’ Program 4340	Public Access to District Records
4410	Relations With Law Enforcement and Child Protective Agencies 4411	Investigations and Arrests by Police
4520	Cooperative Programs With Other Districts and Public Agencies 4550	Registered Sex Offenders

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4000 4

5	Goals 6

7	The Board, through the leadership of the Superintendent and with the assistance of the total staff, 8	will seek to enhance the District’s community relations by striving to achieve the following
9	goals: 10

11	1.	To encourage and enhance communications, understanding, trust, and mutual support 12                       between the District and the people it serves;
13

14	2.	To increase both the quality and quantity of public participation in school affairs, 15                       activities, and programs;
16

17	3.	To strengthen and improve relations and interactions among staff, trustees, citizens, 18                       parents, and students;
19

20	4.	To promote understanding and cooperation between the schools and community groups. 21

22

23

24	Legal Reference : 25
26

10.55.701, ARM 10.55.801, ARM

Board of Trustees School Climate

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	COMMUNITY RELATIONS	4120 4

5	Public Relations 6

7	The District will strive to maintain effective two-way communications with the public to enable 8	the Board and staff to interpret schools needs to the community and provide a means for citizens 9	to express their needs and expectations to the Board and staff.
10

11	The Superintendent will establish and maintain a communication process within the school 12	system and between it and the community. Such public information program will provide for
13	news releases at appropriate times, arrange for media coverage of District programs and events, 14	provide for regular direct communications between individual schools and the citizens they
15	serve, and assist staff in improving their skills and understanding in communicating with the 16	public.
17

18	The District may solicit community opinion through parent organizations, parent-teacher 19	conferences, open houses, and other events or activities which may bring staff and citizens 20	together.
21

22

23

24	Legal Reference: 25
26

Art. II, Sec. 8, Montana Constitution - Right of participation Art. II, Sec. 9, Montana Constitution - Right to know

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS 4

5

6	School-Support Organizations

7

4210 Page 1 of 2

8        The Board recognizes that parent, teacher, and student organizations are an invaluable resource 9        to District schools and supports their formation and vitality. While parent, teacher, and student
10	organizations have no administrative authority and cannot determine District policy, their 11	suggestions and assistance are always welcome.
12

13	Parent organizations and booster clubs are recognized by the School Board and permitted to use the 14	District’s name, a District school’s name, or a District school’s team name, or any logo attributable to the 15	District provided they first receive the Superintendent or designee’s express written consent. Consent to 16	use one of the above-mentioned names or logos will generally be granted if the organization or club has 17	by-laws containing the following:

18	1. The organization’s or club’s name and purpose, such as, to enhance students’ educational 19                       experiences, to help meet educational needs of students, to provide extra athletic benefits to 20                       students, to assist specific sports teams or academic clubs through financial support, or to enrich 21                       extracurricular activities.

22	2. The rules and procedures under which it operates.

23	3. An agreement to adhere to all Board policies and administrative procedures.

24	4. A statement that membership is open and unrestricted, meaning that membership is open to 25                       parents/guardians of students enrolled in the school, District staff, and community members. 1

26	5. A statement that the District is not, and will not be, responsible for the organization’s or club’s 27                       business or the conduct of its members.

28	6. An agreement to maintain and protect its own finances.

29	7. A recognition that money given to a school cannot be earmarked for any particular expense. 30                       Booster clubs may make recommendations, but cash or other valuable consideration must be 31                       given to the District to use at its discretion. The School Board’s legal obligation to comply with 32                       Title IX by providing equal athletic opportunity for members of both genders will supersede an 33                       organization or club’s recommendation. 2

34	Permission to use one of the above-mentioned names or logos may be rescinded at any time and does not 35	constitute permission to act as the District’s representative.	At no time does the District accept 36	responsibility for the actions of any parent organization or booster club regardless of whether it was

37

38

1 An alternative follows:

An agreement not to engage in discrimination based on someone’s innate characteristics or membership in a suspect classification.
2 Booster clubs are understandably selective in their support. However, by accepting booster club assistance that creates vast gender differences, a school board may face claims that it has violated Title IX. Title IX’s focus is on equal funding opportunities, equal facility availability, similar travel and transportation treatment, comparable coaching, and comparable publicity (34 C.F.R. Part 106).

1                                                                                                                                                                                             4210 2                                                                                                                                                                                Page 2 of 2

3

4	recognized and/or permitted to use any of the above-mentioned names or logos. 3 The 5	Superintendent shall designate an administrative staff member to serve as the liaison to parent 6	organizations or booster clubs.	The liaison will serve as a resource person and provide 7	information about school programs, resources, policies, problems, concerns, and emerging 8	issues. Building staff will be encouraged to participate in the organizations.

9

10

11	Fund-Raising by School Support Groups 12

13	Fund-raising by school support groups is considered a usual and desirable part of the function of 14	such groups. Specific fund-raising activities must be approved in advance by the principal.
15

16	The principal must be consulted before any expenditure of such funds. All such funds raised by 17	school adjunct groups are to be used for direct or indirect support of school programs.
18	Equipment purchased by support groups and donated to the schools becomes the property of the 19	District and may be used or disposed of in accordance with District policy and state law.
20

21

22

23	Policy History: 24	Adopted on:
25	Reviewed on:

26	Revised on:	August 28, 2007, March 11, 2008

3 Booster clubs present potential liabilities to a school district beyond loss of funds because they seldom are properly organized (they generally are not incorporated or otherwise legally recognized), carry no insurance, raise and handle large sums, and club members hold themselves out as agents of the school (after all, no funds could be raised but for the school connection). A disclaimer, such as the one presented here, may not be sufficient. A district may take several actions, after discussion with its attorney, to minimize liability, such as adding a requirement to item 6 above that the club: (1) operate under the school’s authority (activity accounts); or (2) be properly organized and demonstrate fiscal responsibility by being a 501(c)(3) organization, obtaining a bond, and/or arranging regular audits. Ultimately, the best way to minimize liability is to be sure that the district’s errors and omissions insurance covers parent organizations and booster clubs.

1	Hardin Public Schools	R 2

3	COMMUNITY RELATIONS	4301 4

5	Visitors to Schools 6

7	The District encourages visits by Board members, parents, and citizens to all District buildings. 8	All visitors shall report to the main office on entering any school building. Conferences with
9	teachers should be held outside school hours or during the teacher’s conference or preparation 10	time.
11

12	The Superintendent shall establish guidelines governing school visits to insure orderly operation 13	of the educational process.
14

15

16

17	Cross Reference:	4313	Disruption of School Operations 18

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	COMMUNITY RELATIONS	4310 4

5	Public Complaints and Suggestions 6

7	The Board is interested in receiving valid complaints and suggestions. Public complaints and

8	suggestions shall be submitted by the Uniform Complaint Procedure to the appropriate-level staff 9	member or District administrator. Each complaint or suggestion shall be considered on its
10	merits. 11

12	Unless otherwise indicated in these policies or otherwise provided for by law, no appeal may be 13	taken from any decision of the Board.
14

15

16

17	Cross Reference:	1700	Uniform Complaint Procedure 18

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4313 4

5	Disruption of School Operations 6

7        The staff member in charge will immediately notify local law enforcement authorities, if any 8        person disrupts or obstructs any school program, activity, or meeting or threatens to do so, or
9	commits, threatens to imminently commit, or incites another to commit any act that will disturb 10	or interfere with or obstruct any lawful task, function, process, or procedure of any student,
11	official, employee, or invitee of the District. 12

13	The staff member in charge will make a written report detailing the incident no later than twenty-14	four (24) hours after the incident occurs. A copy of the report will be given to the staff
15	member’s immediate supervisor. 16

17

18

19	Cross Reference:	4301	Visitors to Schools 20

21	Legal Reference: 22
23

24

§ 20-1-206, MCA § 20-5-201, MCA § 45-8-101, MCA

Disturbance of school - penalty Duties and sanctions Disorderly conduct

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4315 4

5	Spectator Conduct and Sportsmanship for Athletic and Co-Curricular Events 6

7	Any person, including an adult, who behaves in an unsportsmanlike manner during an athletic or 8	co-curricular event may be ejected from the event and/or denied admission to school events for
9	up to a year after a Board hearing. Examples of unsportsmanlike conduct include but are not 10	limited to:
11

12		Using vulgar or obscene language or gestures;

13		Possessing or being under the influence of any alcoholic beverage or illegal substance; 14		Possessing a weapon;
15		Fighting or otherwise striking or threatening another person;

16		Failing to obey instructions of a security officer or District employee; and 17		Engaging in any illegal or disruptive activity.

18

19	The Superintendent may seek to deny future admission to any person by delivering or mailing a 20	notice by certified mail with return receipt requested, containing:
21

22	1.	Date, time, and place of a Board hearing; 23

24	2.	Description of the unsportsmanlike conduct; and 25

26	3.	Proposed time period admission to school events will be denied. 27

28

29

30	Legal Reference: 31
32

33

§ 20-1-206, MCA § 20-4-303, MCA § 45-8-101, MCA

Disturbance of school – penalty Abuse of teachers
Disorderly conduct

34	Policy History

35	Adopted on:	August 28, 2007 36	Reviewed on:
37	Revised on:

1	Hardin Public Schools	R 2

3	COMMUNITY RELATIONS	4316 4

5	Accommodating Individuals With Disabilities 6

7	Individuals with disabilities will be provided opportunity to participate in all school-sponsored 8	services, programs, or activities on a basis equal to those without disabilities and will not be
9	subject to illegal discrimination. 10

11	The District may provide auxiliary aids and services when necessary to afford individuals with 12	disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or
13	activity. 14

15	The Superintendent is designated the Americans with Disabilities Act Title II Coordinator and, in 16	that capacity, is directed to:
17

18	1.	Oversee District compliance efforts, recommend necessary modifications to the Board, 19                       and maintain the District’s final Title II self-evaluation document and keep it available 20                       for public inspection for at least three (3) years after its completion date (for districts 21                       having fifty (50) or more full- or part-time employees).
22

23	2.	Institute plans to make information regarding Title II protection available to any 24                       interested party.
25

26	An individual with a disability should notify the Superintendent or building principal if they have 27	a disability which will require special assistance or services and what services are required. This 28	notification should occur as far as possible before the school-sponsored function, program, or
29	meeting. 30

31	Individuals with disabilities may allege a violation of this policy or of federal law by reporting it 32	to the Superintendent, as the Title II Coordinator, or by filing a grievance under the Uniform
33	Complaint Procedure. 34

35

36

37	Cross Reference:	1700	Uniform Complaint Procedure 38

39	Legal Reference : 40
41

Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131, et seq.; 28 C.F.R. Part 35.

42	Policy History:

43	Adopted on:	August 28, 2007 44	Reviewed on:
45	Revised on:

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4320 4

5	Contact With Students 6

7	Students are entrusted to the schools for educational purposes. Although educational purposes 8	encompass a broad range of experiences, school officials must not assume license to allow
9	unapproved contact with students by persons not employed by the District for educational 10	purposes. Teachers may arrange for guest speakers on appropriate topics relative to the
11	curriculum. Principals may approve school assemblies on specific educational topics of interest 12	and relevance to the school program. The District normally does not permit other types of
13	contact by non-school personnel. 14

15	The District will not allow access to the schools by outside organizations desiring to use the 16	captive audience in a school for information, sales material, or special interest purposes.
17

18

19

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	COMMUNITY RELATIONS	4330 4

5	Community Use of School Facilities 6

7	School facilities are available to the community for educational, civic, cultural, and other

8	noncommercial uses consistent with the public interest, when such use will not interfere with the 9	school program or school-sponsored activities. Use of school facilities for school purposes has
10	precedence over all other uses. Persons on school premises must abide by District conduct rules 11	at all times.
12

13	Student and school-related organizations shall be granted the use of school facilities at no cost. 14	Other organizations granted the use of school facilities shall pay fees and costs. The
15	Superintendent will develop procedures to manage community use of school facilities, which 16	will be reviewed and approved by the Board. Use of school facilities requires administrative 17	approval and is subject to the procedures.
18

19	The Activities Director or building principals will approve and schedule various uses of school 20	facilities. A master calendar will be kept in the office for scheduling dates to avoid conflicts 21	during the school year. Should a conflict arise, the District reserves the right to cancel an
22	approved request when it is determined that the facilities are needed for school purposes. 23	Requests for use of school facilities must be submitted to the Activity Director or building 24	principals’ office in advance of the event.
25

26

27

28	Legal Reference: 29
30

31

§ 20-7-805, MCA	Recreational use of school facilities secondary Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct. 2141

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4331 4

5	Use of School Property for Posting Notices 6

7	Non-school-related organizations may request permission of the building principal to display 8	posters in the area reserved for community posters or to have flyers distributed to students.
9

10	Posters and/or flyers must be student oriented and have the sponsoring organization’s name 11	prominently displayed. The District will not permit the posting or distribution of any material 12	that would:
13

14	A.	Disrupt the educational process; 15

16	B.	Violate the rights of others; 17

18	C.	Invade the privacy of others; 19

20	D.	Infringe on a copyright; or 21

22	E.	Be obscene, vulgar, or indecent. 23

24	F.	Promote the use of drugs, alcohol, tobacco, firearms, or certain products that create 25                       community concerns.
26

27	No commercial publication shall be posted or distributed unless the purpose is to further a school 28	activity, such as graduation, class pictures, or class rings. No information from any candidates 29	for non-student elective offices shall be posted in or around school district property, or
30	distributed to the students. 31

32	If permission is granted to distribute materials, the organization must arrange to have copies 33	delivered to the school. Distribution of the materials will be arranged by administration.
34

35

36

37	Policy History:

38	Adopted on:	August 28, 2007 39	Reviewed on:
40	Revised on:	February 23, 2010, September 25, 2012

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4332 4

5	Conduct on School Property 6

7	In addition to prohibitions stated in other District policies, no person on school property shall: 8

9	1.	Injure or threaten to injure another person; 10

11	2.	Damage another’s property or that of the District; 12

13	3.	Violate any provision of the criminal law of the state of Montana or town or county 14                      ordinance;
15
16	4.	Smoke or otherwise use tobacco or nicotine products, and alternative nicotine and vapor products 17                      as defined in 16-11-302, MCA, or other similar products;
18
19	5.	Consume, possess, or distribute alcoholic beverages, illegal drugs, or possess weapons 20                      (as defined in Policy 3310) at any time;
21
22	6.	Impede, delay, or otherwise interfere with the orderly conduct of the District’s 23                      educational program or any other activity occurring on school property;
24
25	7.	Enter upon any portion of school premises at any time for purposes other than those 26                      which are lawful and authorized by the Board; or
27
28	8.	Willfully violate other District rules and regulations. 29

30	“School property” means within school buildings, in vehicles used for school purposes, or on 31	owned or leased school grounds. District administrators will take appropriate action, as
32	circumstances warrant.

33
34	Cross Reference: 35

3310	Student Discipline 3311	Firearms and Weapons

36
37	Legal Reference:	Pro-Children Act of 1994, 20 U.S.C. § 6081 38                                                   Smoke Free School Act of 1994
39	16-11-302, MCA	Definitions
40	§ 20-1-220, MCA	Use of tobacco product in public school building or on 41                                                                                              public school property prohibited
42	§ 20-5-410, MCA	Civil penalty 43        Policy History:
44	Adopted on:	August 28, 2007 45	Reviewed on:
46	Revised on:	February 23, 2010, 4/8/14, June 23, 2015

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4333 4

5	Community Schools’ Program 6

7	As a method of extending educational opportunities to the entire community through a fuller

8	utilization of school facilities and equipment, a community schools program may be established 9	to provide adult education, basic adult education, and public recreation. The program shall be
10	financed by federal, state, and local funds available for this purpose. 11

12	The Superintendent shall establish and periodically present to the Board for review an

13	organizational plan and tentative program which shall assure that the program is responsive to 14	the varying needs of citizens living in different sections of the community.
15

16

17

18	Legal Reference: 19
20

§20-7-200, MCA §20-7-800. MCA

Adult Education Public Recreation

21	Policy History:

22	Adopted on:	July 28, 1998 23	Reviewed on:
24	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS 4

5	Public Access to District Records

6

4340 page 1 of 2

7	Within limits of an individual’s right of privacy, the public will be afforded full access to

8	information concerning administration and operations of the District. Public access to District 9	records shall be afforded according to appropriate administrative procedures.
10

11	“District records” include any writing, printing, photostating, photographing, etc. (including 12	electronic mail), which has been made or received by the District in connection with the
13	transaction of official business and presented for informative value or as evidence of a

14	transaction, and all other records required by law to be filed with the District. “District records” 15	do not include personal notes and memoranda of staff which remain in the sole possession of the 16	maker and which are not generally accessible or revealed to other persons.
17

18	The Superintendent will serve as the public records coordinator, with responsibility and authority 19	for ensuring compliance with the display, indexing, availability, inspection, and copying
20	requirements of state law and this policy. As coordinator, the Superintendent will authorize the 21	inspection and copying of District records only in accordance with the criteria set forth in this 22	policy.
23

24	In accordance with Title 2, Chapter 6, MCA, the District will make available for public

25	inspection and copying all District records or portions of records, except those containing the 26	following information:
27

28	1.	Personal information in any file maintained for students. Information in student records 29                       will be disclosed only in accordance with requirements of the Family Educational Rights 30                       and Privacy Act of 1974 and adopted District policy.
31

32	2.	Personal information in files maintained for staff, to the extent that disclosure will violate 33                       their right to privacy.
34

35	3.	Test questions, scoring keys, or other examination data used to administer academic tests. 36

37	4.	The contents of real estate appraisals made for or by the District relative to the

38	acquisition of property, until the project is abandoned or until such time as all of the

39	property has been acquired, but in no event will disclosure be denied for more than three 40	(3) years after appraisal.
41

42	5.	Preliminary drafts, notes, recommendations, and intra-District memoranda in which

43	opinions are expressed or policies formulated or recommended, except a specific record 44	shall not be exempt when publicly cited by the District in connection with any District 45	action.
46

47

1	4340 2                                                                                                                                                                                  page 2 of 2 3
4	6.	Records relevant to a controversy to which the District is a party, but which would not be 5                       available to another party under the rules of pretrial discovery, for cases pending
6	resolution. 7

8	7.	Records or portions of records, the disclosure of which would violate personal rights of 9                       privacy.
10

11	8.	Records or portions of records, the disclosure of which would violate governmental 12                       interests.
13

14	If the District denies any request, in whole or in part, for inspection and copying of records, the 15	District will provide the requesting party with reasons for denial.
16

17	If the record requested for inspection and/or copying contains both information exempted from 18	disclosure and non-exempt information, the District shall, to the extent practicable, produce the 19	record with the exempt portion deleted and shall provide written explanation for the deletion. 20
21	The District will not provide access to lists of individuals, which the requesting party intends to 22	use for commercial purposes or which the District reasonably believes will be used for
23	commercial purposes if such access is provided. However, the District may provide mailing lists 24	of graduating students to representatives of the U.S. armed forces and the National Guard for
25	purpose of recruitment. 26

27	The coordinator is authorized to seek an injunction to prevent disclosure of records otherwise

28	suitable for disclosure, when it is determined reasonable cause exists to believe disclosure would 29	not be in the public interest and would substantially or irreparably damage any person or would 30	substantially or irreparably damage vital governmental functions.
31

32

33

34	Legal Reference: 35
36

37

Title 20, Ch. 6, MCA School districts
§ 2-6-109, MCA	Prohibition on distribution or sale of mailing lists – exceptions – penalty

38	Policy History: 39	Adopted on:
40	Reviewed on:

41	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4410 4

5	Relations With Law Enforcement and Child Protective Agencies 6

7	The staff is primarily responsible for maintaining proper order and conduct in the schools. Staff 8	shall be responsible for holding students accountable for infractions of school rules, which may 9	include minor violations of the law, occurring during school hours or at school activities. When
10	there is substantial threat to the health and safety of students or others, such as in the case of 11	bomb threats, mass demonstrations with threat of violence, individual threats of substantial
12	bodily harm, trafficking in prohibited drugs, or the scheduling of events where large crowds may 13	be difficult to handle, the law enforcement agency shall be called upon for assistance.
14	Information regarding major violations of the law shall be communicated to the appropriate law 15	enforcement agency.
16

17	The District shall strive to develop and maintain cooperative working relationships with the law 18	enforcement agencies. Procedures for cooperation between law enforcement, child protective, 19	and school authorities will be established. Such procedures will be made available to affected 20	staff and will be periodically revised.
21

22

23

24	Cross Reference:	4313	Disruption of School Operations 25

26	Legal Reference:	§ 20-1-206, MCA	Disturbance of school – penalty 27

28	Policy History:

29	Adopted on:	May 22, 2001 30	Reviewed on:
31	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4411 4

5	Investigations and Arrests by Police 6

7	All contact between the school and the police department on matters involving students shall be 8	made through the administrative office. The police have ample opportunity and the District
9        encourages police to talk to a student away from the school and before or after school hours. 10        Law enforcement authorities should only be allowed to conduct an interview in the school, if
11	they can show special circumstances exist or if the interview is at the request of the school. The 12	Superintendent or principal should make this determination.
13

14	A.	If the police have a warrant for the student’s arrest, they must be permitted to arrest the 15                       student; however, whenever possible, the arrest should be conducted in the principal’s 16                       office out of view of other students. Before removing a student from school, the police 17                       shall sign a release form in which they assume full responsibility for the student.
18

19	B.	Law enforcement personnel should not be allowed to roam about the school until the

20	student is found. They should remain in the administration office while school personnel 21	seek out the student.
22

23	C.	If possible, the educational program of the student should not be disrupted to allow for 24                       police questioning.
25

26	D.	Any questioning by police should be conducted in a private room or area where 27                       confidentiality can be maintained.
28

29	E.	If law enforcement officials are to be allowed to question a student under the age of

30	eighteen (18), a reasonable attempt shall be made to notify the parents, except in cases of 31	suspected child abuse or child neglect involving the parent. The parents should be given 32	the opportunity to come to the school prior to the questioning.
33

34	F.	If the parents are notified and able to attend, they should be allowed to be present at the 35                       interview. The administrator should be present at the interview but should not take part 36                       in any questioning. The administrator should at all times remain a neutral observer.
37

38

39

40	Policy History:

41	Adopted on:	May 22, 2001 42	Reviewed on:
43	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4520 4

5	Cooperative Programs With Other Districts and Public Agencies 6

7	Whenever it appears to the economic, administrative, and/or educational advantage of the 8	District to participate in cooperative programs with other units of local government, the
9	Superintendent will prepare and present for Board consideration an analysis of each cooperative 10	proposal.
11

12	When formal cooperative agreements are developed, such agreements shall comply with

13	requirements of the Interlocal Cooperation Act, with assurances that all parties to the agreement 14	have legal authority to engage in the activities contemplated by the agreement.
15

16	The District may enter into interlocal agreements with a unit of the Montana University System, 17	public community college, and/or tribal college, which would allow students enrolled in the 11th 18	and 12th grades to attend and earn credit for classes not available in the District. Tuition and
19	fees, if assessed, will be provided for in the interlocal agreement.

20

21	The District may enter into an interlocal agreement providing for the sharing of teachers,

22	specialists, superintendents, or other professional persons licensed under Title 37, MCA. If the 23	District shares a teacher or specialist with another district(s), the District’s share of such
24	teacher’s or specialist’s compensation will be based on the total number of instructional hours 25	expended by the teacher or the specialist in the District.
26

27

28

29	Legal Reference: 30
31 32
33

§§ 7-11-101, et seq., MCA

§§ 20-7-451 through 456, MCA

§§ 20-7-801, et seq., MCA

Interlocal Cooperation Act Authorization to create full service education cooperatives
Public recreation

34	Policy History: 35	Adopted on:
36	Reviewed on:

37	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS 4

5

6	Registered Sex Offenders

7

4550 Page 1 of 2

8	The State of Montana has determined that perpetrators of certain sex crimes pose a continuing 9	threat to society as a whole even after completion of their criminal sentences. Recognizing that
10	the safety and welfare of students is of paramount importance, the Hardin School District

11	declares that, except in limited circumstances, Hardin School District should be off limits to 12	registered sex offenders.
13

14	Employment 15

16	Notwithstanding any other Board policy, individuals listed by the State of Montana as registered 17	sex offenders are ineligible for employment in any position within the Hardin School District. 18	However, the Superintendent shall have discretion consistent with other Board policies to
19	recommend an individual whose name has been expunged from the Sex Offender Registry. 20

21	School Off Limits 22

23	The District hereby declares that no registered sex offender whose victim was a minor may come 24	on, about, or within 1,000 feet of any District owned buildings or property except as otherwise 25	provided in this policy. If an administrator becomes aware that such a sex offender is on, about,
26	or within 1,000 feet of school property, the administrator shall direct the sex offender to leave the 27	area immediately. The School Board authorizes the administrator to request the assistance of the 28	appropriate law enforcement authorities to secure the removal of any registered sex offender
29	from the area. If a registered sex offender disregards the terms of this policy or the directives of 30	the school administrator, then the Superintendent is authorized to confer with counsel and to
31	pursue such criminal or civil action as may be necessary to enforce compliance with this policy. 32

33	This policy shall not be construed to impose any duty upon any administrator or any other

34	employee of the District to review the Sex Offender Registry or to screen individuals coming on, 35	or within 1,000 feet of school property to ascertain whether they are on the Registry. This policy 36	shall only apply when administrators are actually aware that the person is question is on the Sex 37	Offender Registry and that the offender’s victim was a minor.
38

39	The provisions of this policy prohibiting a registered sex offender from coming on, about, or 40	within 1,000 feet of school property shall not apply in the event that a sex offender’s name 41	should be expunged from the Registry.
42

43	Rights of Parents on the Sex Offender Registry 44

45	In the event that a registered sex offender whose victim was a minor has child attending the

46	District, the administrator of the school where the child attends shall be authorized to modify this

1	4550 2                                                                                                                                                                              Page 2 of 2 3
4	policy’s restrictions to permit the parent to drop off and pick up the child from school and to

5	come onto campus to attend parent-teacher conferences. However, the parent may not linger on 6	or about school property before or after dropping of his or her child, and the parent is prohibited 7	from being in any part of the school building except the main office.
8

9	This policy does not impose a duty upon the administrator of any school or any other employee 10	of the District to review the Sex Offender Registry and the school system’s directory information 11	to ascertain whether a registered sex offender may have a child attending school in the District. 12	The provisions of this policy shall apply only if an administrator actually becomes aware that a 13	parent of a student at the school is a registered sex offender.
14

15	To facilitate voluntary compliance with this policy, administrators are encouraged to speak with 16	any affected parents upon learning of their status as registered sex offenders to communicate the 17	restrictions of this policy. At all times, the administrator shall endeavor to protect the privacy of 18	the offender’s child.
19

20	In the event of a truly exceptional situation such as graduation, a parent on the Sex Offender 21	Registry may ask the Superintendent for a waiver of this policy to permit the parent to attend 22	these special events. It is the intent of the Board, however, that these special circumstances be 23	truly unusual and infrequent occurrences.
24

25 26
27

28	Legal Reference:	§ 46-23-501, MCA	Sexual or Violent Offender Registration Act 29                                                    www.doj.mt.gov/svor/	Sexual or Violent Offender Registry 30	Policy History:
31	Adopted on:	June 24, 2008 32	Reviewed on:
33	Revised on:

HARDIN PUBLIC SCHOOLS R = required
5000 SERIES PERSONNEL

TABLE OF CONTENTS

R 5002	Accommodating Individuals With Disabilities and Section 504 of the Rehabilitation Act of 1973
R 5010                                        Equal Employment Opportunity and Non-Discrimination R 5012                                        Sexual Harassment/Sexual Intimidation in the Workplace
5015	Bullying/Harassment/Intimidation 5120	Hiring Process and Criteria
5121	Applicability of Personnel Policies
5122	Fingerprints and Criminal Background Investigations 5125	Whistle Blowing and Retaliation
5130	Staff Health
5140	Classified Employment and Assignment 5210	Assignments, Reassignments, Transfers 5214	Job-Sharing Staff Members
5220	Prohibition on Aiding Sexual Abuse 5221	Work Day
R 5222	Evaluation of Non-Administrative Staff 5223	Personal Conduct
5224	Political Activity 5226	Drug-Free Workplace
R 5228	Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers
5231	Personnel Records
5232	Abused and Neglected Child Reporting
R 5240	Resolution of Staff Complaints/Problem-Solving
5250	Non-Renewal of Employment/Dismissal From Employment 5251	Resignations
5253	Retirement Programs for Employees 5255	Disciplinary Action
5322	Military Leave
R 5325	Breastfeeding Workplace R 5328	Family Medical Leave
R 5336	Compensatory Time and Overtime for Classified Employees 5337	Workers’ Compensation Benefits
5420	Paraprofessionals 5430	Volunteers
5450	Employee Electronic Mail and On-Line Services Usage R 5510	HIPAA

1	Hardin Public Schools	R 2

3	PERSONNEL	5002 4

5	Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation Act of 1973 6

7	It is the intent of the District to ensure that qualified employees with disabilities under Section 8	504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate 9	accommodations or other positive actions in assistance.
10

11	The District will not discriminate against a qualified individual on the basis of disability in 12	regard to job application procedures, the hiring, advancement, or discharge of employees,
13	employee compensation, job training, or other terms, conditions, and privileges of employment. 14

15	The Superintendent is designated the Section 504 and Americans with Disabilities Act Title II 16	Coordinator and, in that capacity, is directed to:
17

18	1.	Oversee District compliance efforts, recommend to the Board necessary modifications, 19                      and maintain the District’s final Title II self-evaluation document and keep it available 20                      for public inspection.
21	2.	Make information regarding Title II protection available to any interested party.
22	3.	Coordinating and monitoring the district’s compliance with Section 504 and Title II of 23                      the ADA, as well as state civil rights requirements regarding discrimination and
24	harassment based on disability.

25	4.	Overseeing prevention efforts to avoid Section 504 and ADA violations by necessary
26	actions, including by not limited to, scheduling Section 504 meetings, implementing and 27	monitoring Section 504 plans of accommodation and providing information to employees 28	and supervisors.
29	5.	Implementing the district’s discrimination complaint procedures with respect to
30	allegations of Section 504/ADA violations, discrimination based on disability, and 31	disability harassment; and
32	6.	Investigating complaints alleging violations of Section 504/ADA, discrimination based 33                      on disability, and disability harassment.
34

35	The District’s procedure for resolution of complaints alleging violation of this policy is set forth 36	in Policy 1700.
37

38	Cross Reference:	1700	Uniform Complaint Procedure

39

40	Legal Reference :

41

Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131, et seq.; 28 C.F.R. Part 35.

42

43	Policy History: 44	Adopted on:
45	Reviewed on:
46	Revised on:	August 28, 2007, 6/12/2018

1	Hardin Public Schools	R 2

3	PERSONNEL	5010 4

5	Equal Employment Opportunity and Non-Discrimination 6

7	The District will provide equal employment opportunities to all persons, regardless of their race, 8	color, religion, creed, national origin, genetic information, sex, age, ancestry, marital status,
9	military status, citizenship status, use of lawful products while not at work, physical or mental 10	disability.
11

12	The District will make reasonable accommodation for an individual with a disability known to 13	the District, if the individual is otherwise qualified for the position, unless the accommodation 14	would impose undue hardship on the District.
15

16	A person with an inquiry regarding discrimination should direct their questions to the Title IX 17	Coordinator. A person with a specific written complaint should follow the Uniform Complaint 18	Procedure.
19

20	Retaliation against an employee who has filed a discrimination complaint, testified, or 21	participated in any manner in a discrimination investigation or proceeding is prohibited. 22

23

24	Cross Reference:	1700	Uniform Complaint Procedure

25

26	Legal Reference: 27

28 29 30 31 32 33 34 35 36 37 38 39 40
41

Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq. Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq. Equal Pay Act, 29 U.S.C. § 206(d)
Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq. Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq.
Genetic Information Nondiscrimination Act of 2008 (GINA)
Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R., Part 1601
Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 34 C.F.R., Part 106
Montana Constitution, Art. X, § 1 - Educational goals and duties § 49-2-101, et seq, MCA	Human Rights Act
§ 49-2-303, MCA	Discrimination in Employment
§ 49-3-102, MCA	What local governmental units affected §49-3-201, MCA	Employment of state and local government
personnel.

42

43	Policy History: 44	Adopted on:
45	Reviewed on:
46	Revised on:	August 28, 2007, 02/14/2012, 6/12/2018

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Sexual Harassment/Sexual Intimidation in the Workplace

6

R

5012 page 1 of 2

7	The District will do everything in its power to provide employees a work environment free of

8	unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or

9	communications constituting sexual harassment, as defined and otherwise prohibited by state and 10	federal law.
11

12	The District prohibits its employees from making sexual advances or requesting sexual favors or 13	engaging in any conduct of a sexual nature, when:
14

15	1.	Submission to such conduct is made either explicitly or implicitly a term or condition of 16                       an individual’s employment;
17

18	2.	Submission to or rejection of such conduct by an individual is used as a basis for 19                       employment decisions affecting that individual; or
20

21	3.	Such conduct has the purpose or effect of substantially interfering with the individual’s 22                       work performance or creating an intimidating, hostile, or offensive work environment. 23
24	Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms

25	“intimidating,” “hostile,” or “offensive” include but are not limited to conduct that has the effect 26	of humiliation, embarrassment, or discomfort. The District will evaluate sexual harassment in 27	light of all circumstances.
28

29	A violation of this policy may result in disciplinary action, up to and including discharge. Any 30	person who knowingly makes false accusation regarding sexual harassment will likewise be
31	subject to disciplinary action, up to and including discharge. 32

33	An aggrieved person who feels comfortable doing so should directly inform the person engaging 34	in sexually harassing conduct or communication that such conduct or communication is
35	offensive and must stop. 36

37	Employees who believe they may have been sexually harassed or intimidated should contact the 38	Title IX Coordinator or an administrator, who will assist them in filing a complaint. An
39	individual with a complaint alleging a violation of this policy shall follow the Uniform 40	Complaint Procedure.
41

42

43

44	Cross Reference:	1700	Uniform Complaint Procedure 45

46

1 2
3

4	Legal Reference: 5

6 7 8 9
10

5012 page 2 of 2

Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq., 29 C.F.R. § 1604.11
Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq. Montana Constitution, Art. X, § 1 - Educational goals and duties
§ 49-2-101, MCA	Human Rights Act
Harris v. Fork Lift Systems, 114 S.Ct. 367 (1993)

11	Policy History: 12	Adopted on:
13	Reviewed on:

14	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Bullying/Harassment/Intimidation

6

5015 page 1 of 2

7	The Board will strive to provide a positive and productive working environment. Bullying,

8	harassment, intimidation, between employees or by third parties, are strictly prohibited and shall 9	not be tolerated. This includes bullying, harassment, or intimidation via electronic
10	communication devices (“cyberbullying”). 11

12	Definitions 13

14	1.	“Third parties” include but are not limited to coaches, school volunteers, parents, school 15                       visitors, service contractors or others engaged in District business, such as employees of 16                       businesses or organizations participating in cooperative work programs with the District, 17                       and others not directly subject to District control at inter-district and intra-District athletic 18                       competitions or other school events.
19

20	2.	“District” includes District facilities, District premises, and non-District property if the 21                       employee is at any District-sponsored, District-approved, or District-related activity or 22                       function, such as field trips or athletic events, where the employee is engaged in District 23                       business.
24

25	3.	“Harassment, intimidation, or bullying” means any act that substantially interferes with 26                       an employee’s opportunities or work performance, that takes place on or immediately 27                       adjacent to school grounds, at any school-sponsored activity, on school-provided
28	transportation, or anywhere conduct may reasonably be considered to be a threat or an 29	attempted intimidation of a staff member or an interference with school purposes or an 30	educational function, and that has the effect of:
31	a.	Physically harming an employee or damaging an employee’s property;

32	b.	Knowingly placing an employee in reasonable fear of physical harm to the 33                                     employee or damage to the employee’s property; or
34	c.	Creating a hostile working environment. 35

36	4.	“Electronic communication device” means any mode of electronic communication, 37                        including, but not limited to, computers, cell phones, PDAs, or the internet.
38

39	Reporting 40

41	All complaints about behavior that may violate this policy shall be promptly investigated. Any 42	employee or third party who has knowledge of conduct in violation of this policy or feels he/she 43	has been a victim of harassment, intimidation, or bullying in violation of this policy is
44	encouraged to immediately report his/her concerns to the building principal or the District

45	Administrator, who have overall responsibility for such investigations. Complaints against the 46	building principal shall be filed with the Superintendent. Complaints against the Superintendent

1 2
3

4	or District Administrator shall be filed with the Board.

5

5015 page 2 of 2

6	The complainant shall be notified of the findings of the investigation and, as appropriate, that 7	remedial action has been taken.
8

9	Responsibilities 10

11	The District Administrator shall be responsible for ensuring that notice of this policy is provided 12	to staff and third parties and for the development of administrative regulations, including
13	reporting and investigative procedures, as needed. 14

15	Consequences 16

17	Staff whose behavior is found to be in violation of this policy will be subject to discipline up to 18	and including dismissal. Third parties whose behavior is found to be in violation of this policy 19	shall be subject to appropriate sanctions as determined and imposed by the District Administrator 20	or the Board. Individuals may also be referred to law enforcement officials.
21

22	Retaliation and Reprisal 23

24	Retaliation is prohibited against any person who reports or is thought to have reported a 25	violation, files a complaint, or otherwise participates in an investigation or inquiry. Such
26	retaliation shall be considered a serious violation of Board policy, whether or not a complaint is 27	substantiated. False charges shall also be regarded as a serious offense and will result in
28	disciplinary action or other appropriate sanctions. 29

30

31

32	Legal Reference: 33
34

10.55.701(1)(g), ARM 10.55.801(1)(d), ARM

Board of Trustees School Climate

35	Policy History:

36	Adopted on:	August 28, 2007 37	Reviewed on:
38	Revised on:	April 14, 2009

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Hiring Process and Criteria

5120 page 1 of 2

6
7	The Superintendent is responsible for recruiting personnel, in compliance with Board policy, and 8	for making hiring recommendations to the Board. The principal will initially screen applicants
9	for educational support positions. The District will hire personnel appropriately licensed and endorsed 10	in accordance with state statutes and Board of Public Education rules, consistent with budget and staffing 11	requirements, and will comply with Board policy and state law on equal employment opportunities and 12	veterans’ preference. All applicants must complete a District application form to be considered for
13	employment.

14

15	The Superintendent has the authority to fill a vacant position with a temporary employee, who 16	shall receive the same salary and benefits as a permanent staff member. The Board will act on 17	the Superintendent’s recommendation to fill the vacancy at its next regular meeting.
18

19	Every applicant must provide the District with written authorization for a criminal background 20	investigation. The Superintendent will keep any conviction record confidential as required by 21	law and District policy. The district will create a determination sheet from the criminal history 22	record. The determination sheet will be kept on file at the District Office. The Criminal History 23	Record with no disqualifiers will be shredded on site immediately after review. The Criminal
24	History Record with disqualifiers will be retained on file at the District Office according to law. 25	Every newly hired employee must complete an Immigration and Naturalization Service form, as 26	required by federal law.
27

28	Certification 29

30	The District requires its contracted certified staff to hold valid Montana teacher or specialist 31	certificates endorsed for the roles and responsibilities for which they are employed. Failure to 32	meet this requirement shall be just cause for termination of employment. No salary warrants 33	may be issued to a staff member, unless a valid certificate for the role to which the teacher has
34	been assigned has been registered with the county superintendent within sixty (60) calendar days 35	after a term of service begins. Every teacher and administrator under contract must bring their 36	current, valid certificate to the personnel office at the time of initial employment, as well as at
37	the time of each renewal of certification. 38

39	The personnel office will register all certificates, noting class and endorsement of certificates, 40	and will update permanent records as necessary. The personnel office also will retain a copy of 41	each valid certificate of a contracted certified employee in that employee’s personnel file.
42

43 44 45 46 47

1 2 3 4
5

6	Cross Reference:

7

5120 page 2 of 2

5122	Fingerprints and Criminal Background Investigations

8

9	Legal Reference: 10

11 12
13

§ 20-4-202, MCA § 39-29-102, MCA

Teacher and specialist certification registration Point preference or alternative preference in initial hiring for certain applicants – substantially equivalent selection procedure

14

15	Policy History: 16	Adopted on:
17	Reviewed on:
18	Revised on:	August 28, 2007, June 25, 2013, 6/27/17

1	Hardin Public Schools 2

3	PERSONNEL	5121 4

5	Applicability of Personnel Policies 6

7	Except where expressly provided to the contrary, personnel policies apply uniformly to the

8	employed staff of the District. However, where there is a conflict between terms of a collective 9	bargaining agreement and District policy, the law provides that the terms of the collective
10	bargaining agreement shall prevail for staff covered by that agreement. 11

12	Board policies will govern when a matter is not specifically provided for in an applicable 13	collective bargaining agreement.
14

15

16

17	Legal Reference:	§ 39-31-102, MCA	Chapter not a limit on legislative authority 18

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL	5122 4

5	Fingerprints and Criminal Background Investigations 6

7	Board policy requires that any finalist recommended to be employed in a paid or volunteer 8	position with the District, involving regular unsupervised access to students in schools, as 9	determined by the Superintendent, shall submit to a name-based and fingerprint criminal
10	background investigation conducted by the appropriate law enforcement agency before

11	consideration of the recommendation for employment or appointment by the Board. The results 12	of the name-based check will be presented to the Board, concurrent with the recommendation for 13	employment or appointment. Any subsequent offer of employment or appointment will be
14	contingent on results of the fingerprint criminal background check, which must be acceptable to 15	the Board, in its sole discretion.
16

17	The following applicants for employment, as a condition for employment, will be required, as a 18	condition of any offer of employment, to authorize, in writing, a name-based and fingerprint
19	criminal background investigation:
20		A certified teacher seeking full- or part-time employment with the District;
21		An educational support personnel employee seeking full- or part-time employment with 22                       the District;
23		An employee of a person or firm holding a contract with the District, if the employee is 24                       assigned to the District;
25		A volunteer assigned to work in the District, who has regular unsupervised access to 26                       students; and
27		Substitute teachers.

28

29	Any requirement of an applicant to submit to a fingerprint background check will be in

30	compliance with the Volunteers for Children Act of 1998 and applicable federal regulations. If 31	an applicant has any prior record of arrest or conviction by any local, state, or federal law
32	enforcement agency for an offense other than a minor traffic violation, the facts must be

33	reviewed by the Superintendent, who will decide whether the applicant will be declared eligible 34	for appointment or employment. Arrests resolved without conviction will not be considered in 35	the hiring process, unless the charges are pending.
36

37	Legal Reference: 38
39 40 41 42 43 44 45
46

§ 44-5-301, MCA	Dissemination of public criminal justice information
§ 44-5-302, MCA	Dissemination of criminal history record information that is not public criminal justice information
§ 44-5-303, MCA	Dissemination of confidential criminal justice information
ARM 10.57.113	Substitute Teachers Public Law 105-251, Volunteers for Children Act

47	Policy History:

48	Adopted on:	July 8, 2003 49	Reviewed on:
50	Revised on:	August 28, 2007

1	Hardin Public Schools 2
3 4
5	5125	PERSONNEL

Adopted on: 01/14/15 Reviewed on:

Revised on:

6
7	Page 1 of 2 8
9	Whistle Blowing and Retaliation 10
11	When district employees know or have reasonable cause to believe that serious instances of wrongful 12	conduct (e.g., mismanagement of district resources, violations of law and/or abuse of authority) have 13	occurred, they should report such wrongful conduct to the Superintendent or Board Chairperson.
14
15	For purposes of this policy, the term “wrongful conduct” shall be defined to include: 16
17		theft of district money, property, or resources;
18		misuse of authority for personal gain or other non-district purpose; 19		fraud;
20		violations of applicable federal and state laws and regulations; and/or 21		serious violations of district policy, regulation, and/or procedure.
22
23	The Board of Trustees will not tolerate any form of reprisal, retaliation or discrimination against: 24
25		Any employee, or applicant for employment, because he/she opposed any practice that he/she 26               reasonably believed to be made unlawful by federal or state laws prohibiting employment 27               discrimination on the basis of sex, sexual orientation, race, color, national origin, age, religion, height, 28               weight, marital status, handicap or disability.
29
30		Any employee, or applicant for employment, because he/she filed a charge, testified, assisted or 31               participated, in any manner, in an investigation, proceeding or hearing under federal or state laws 32               prohibiting employment discrimination on the basis of sex, sexual orientation, race, color, national 33               origin, age, religion, height, weight, marital status, handicap or disability or because he/she reported a 34               suspected violation of such laws according to this policy; or,
35
36		Any employee or applicant because he/she reported, or was about to report, a suspected violation of 37               any federal, state or local law or regulation to a public body (unless the employee knew that the report 38               was false) or because he/she was requested by a public body to participate in an investigation, hearing 39               or inquiry held by that public body or a court.
40
41	An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or 42	discrimination in violation of this policy shall report the incident(s) to the Superintendent or his/her 43	designee. The Board of Trustees guarantees that no employee or applicant for employment who makes 44	such a report will suffer any form of reprisal, retaliation or discrimination for making the report. 45	Individuals are forbidden from preventing or interfering with whistle blowers who make good faith 46	disclosures of misconduct.
47
48	The Board or its agents will not discharge, discipline or otherwise penalize any employee because the 49	employee or someone acting on the employee’s behalf, reports, verbally or in writing, a violation or 50	suspected violation of any state or federal law or regulation or any town/city ordinance or regulation to a

1	5125 2                                                                                                                                                                                   Page 2 of 2 3
4	public body, or because an employee is requested by a public body to participate in an investigation, 5	hearing or inquiry held by that public body, or a court action. Further, the Board or its agents will not 6	discharge, discipline or otherwise penalize any employee because the employee, or a person acting on 7	his/her behalf, reports, verbally or in writing, to a public body, as defined in the statutes, concerning 8	unethical practices, mismanagement or abuse of authority by the employer. This section does not apply 9	when an employee knowingly makes a false report.
10	The District will exercise reasonable efforts to: 11
12		investigate any complaints of retaliation or interference made by whistle blowers; 13		take immediate steps to stop any alleged retaliation; and
14		discipline any person associated with the District found to have retaliated against or interfered with a 15               whistle blower.
16
17	The Board of Trustees considers violations of this policy to be a major offense that will result in 18	disciplinary action, up to and including termination, against the offender, regardless of the offender’s 19	position within the District.
20
21	The Board shall make this policy available to its staff by posting it on its website with its other District 22	policies.
23 24 25
26	Legal References:	Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-3(a) 27                                                    Age Discrimination in Employment Act, 29 U.S.C. §623 (d)
28	Americans with Disabilities Act, 42 U.S.C. §12203(a) and (b) 29	Fair Labor Standards Act, 29 U.S.C. §215(a)(3)
30	Occupational Safety and Health Act, 29 U.S.C. §6660(c) 31	Family and Medical Leave Act, 29 U.S.C. §2615
32	National Labor Relations Act, 29 U.S.C. §158(a) 33

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Staff Health 6

7	Medical Examinations

8

5130 page 1 of 2

9	Through its overall safety program and various policies pertaining to school personnel, the Board 10	will promote the safety of employees during working hours and assist them in the maintenance 11	of good health. The Board will encourage all its employees to maintain optimum health through 12	the practice of good health habits.
13

14	The Board may require physical examinations of its employees, under circumstances defined

15	below. The District will maintain results of physical examinations in medical files separate from 16	the employee’s personnel file and will release them only as permitted by law.
17

18	Physical Examinations 19

20	The District participates in a Pre-Placement Physical Program for all custodial and maintenance 21	personnel and other positions deemed inclusive of this policy as determined by specific Board 22	action. Subsequent to a conditional offer of employment in a position for which the District may 23	require participation in a pre-placement physical but before commencement of work, the District 24	may require an applicant to have a medical examination and to meet any other health
25	requirements which may be imposed by the state. The District may condition an offer of

26	employment on the results of such examination, if all employees who received a conditional

27	offer of employment in the applicable job category are subject to such examination. The report 28	shall certify the employee’s ability to perform the job-related functions of the position for which 29	the employee is being considered. Such examination shall be used only to determine whether the 30	applicant is able to perform with reasonable accommodation job-related functions.
31

32	All bus drivers, whether full-time, regular part-time, or temporary part-time, are required by state 33	law to have a satisfactory medical examination before employment.
34

35	Communicable Diseases 36

37	If a staff member has a communicable disease and has knowledge that a person with

38	compromised or suppressed immunity attends the school, the staff member must notify the

39	school nurse or other responsible person designated by the Board of the communicable disease 40	which could be life threatening to an immune-compromised person. The school nurse or other 41	responsible person designated by the Board must determine, after consultation with and on the 42	advice of public health officials, if the immune-compromised person needs appropriate
43	accommodation to protect their health and safety. 44

45 46

1	5130 2                                                                                                                                                                                  page 2 of 2 3
4	An employee with a communicable disease shall not report to work during the period of time in

5	which the employee is infectious. An employee afflicted with a communicable disease capable of 6	being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) shall
7	be encouraged to report the existence of the illness so that precautions may be taken to protect 8	the health of others. The District reserves the right to require a statement from an employee’s 9	primary care provider, before the employee may return to work.
10

11	Confidentiality 12

13	In all instances, District personnel will respect an individual’s right to privacy and treat any

14	medical diagnosis as confidential information. Any information obtained regarding the medical 15	condition or history of any employee will be collected and maintained on separate forms and in 16	separate medical files and will be treated as confidential information. Only those individuals with 17	a legitimate need to know (i.e., those persons with a direct responsibility for the care of or for
18	determining workplace accommodation for the staff person) will be provided necessary medical 19	information.
20

21	Supervisors and managers may be informed of necessary restrictions on the work or duties of an 22	employee and necessary accommodations. First aid and safety personnel may be informed, when 23	appropriate, if a staff member with a disability might require emergency treatment.
24

25

26

27	Legal Reference: 28
29 30 31 32 33 34 35
36

29 U.S.C. 794, Section 504 of the Rehabilitation Act
42 U.S.C. 12101, et seq.	Americans with Disabilities Act 29 CFR, Section 1630.14(c)(1)(2)(3)
Title 49, Chapter 2, MCA	Illegal Discrimination
Title 49, Chapter 4, MCA	Rights of Persons with Disabilities § 20-10-103(4), MCA	School bus driver qualifications
ARM 16.28.1005	Employee of School – Day Care Facility Care Provider
ARM 37.111.825	Health Supervision and Maintenance

37	Policy History:

38	Adopted on:	August 28, 2007 39	Reviewed on:
40	Revised on:	April 14, 2009

1	Hardin Public Schools 2

3	PERSONNEL	5140 4

5	Classified Employment and Assignment 6

7	Each classified employee will be employed under a written contract of a specified term, of a 8	beginning and ending date, within the meaning of § 39-2-912, MCA, after the employee has 9	satisfied the requisite probationary period of six months. During the probationary period of
10	employment, the employment may be terminated at the will of either the School District or the 11	employee on notice to the other for any reason or no reason. Should the employee satisfy the
12	probationary period, such employee shall have no expectation of continued employment beyond 13	the current contract term.
14

15	The District reserves the right to change employment conditions affecting an employee’s duties, 16	assignment, supervisor, or grade.
17

18	The Board will determine salary and wages for classified personnel. 19

20

21

22	Legal Reference: 23
24 25 26 27 28 29 30 31
32

§ 39-2-904, MCA	Elements of wrongful discharge – presumptive probationary period
§ 39-2-912, MCA        Exceptions to Wrongful Discharge from Employment Act
Hunter v. City of Great Falls (2002), 2002 MT 331 Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999)
Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981) Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989) Stowers v. Community Medical Center, Inc., 2007 MT 309, 340 Mont. 116, 172 P.2d 1252.

33	Policy History:

34	Adopted on:	August 28, 2007 35	Reviewed on:
36	Revised on:	02/14/2012

1	Hardin Public Schools 2

3	PERSONNEL	5210 4

5	Assignments, Reassignments, Transfers 6

7	The Superintendent may assign, reassign, and/or transfer positions and duties of all staff. 8	Teachers will be assigned at the levels and in the subjects for which they are licensed and
9	endorsed, or for which they are enrolled in an internship as defined in ARM 10.55.602 and meet 10	the requirements of ARM 10.55.607. The Superintendent will provide for a system of
11	assignment, reassignment, and transfer of classified staff, including voluntary transfers and 12	promotions. Nothing in this policy prevents reassignment of a staff member during a school 13	year.
14

15	Classified Staff 16

17	The District retains the right of assignment, reassignment, and transfer. Written notice of

18	reassignment or involuntary transfer will be given to the employee. The staff member will be 19	given opportunity to discuss the proposed transfer or reassignment with the Superintendent. 20
21	Teaching 22

23	Notice of their teaching assignments relative to grade level, building, and subject area will be 24	given to teachers before the beginning of the school year. All District employees assigned
25	extracurricular activities as a contract obligation must honor this obligation as a condition of 26	employment unless released from this responsibility by the Board.
27

28	Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be 29	found in negotiated agreements or employee handbooks.
30

31	Legal Reference: 32
33 34 35 36 37
38

Bonner School District No. 14 v. Bonner Education Association, MEA-MFT, NEA, AFT, AFL-CIO, (2008) 2008 MT 9
§ 20-4-402, MCA	Duties of District Superintendent or County High School Principal
ARM 10.55.602	Definition of Internship ARM 10.55.607	Internships

39	Policy History: 40	Adopted on:
41	Reviewed on:

42	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	PERSONNEL	5214 4

5	Job-Sharing Staff Members 6

7	A job-sharing assignment is the sharing of one (1) full-time regular position between two (2)

8	persons. The Superintendent shall be responsible for recommending to the Board those positions 9	and persons where job-sharing would be beneficial to the District.
10

11	The Superintendent shall be responsible for establishing job-sharing procedures, including but 12	not limited to duties, salaries, responsibilities, and benefits.
13

14	The District reserves the right to: 15

16	1.	Determine the number, if any, of job-sharing positions with the District; 17

18	2.	Require job-sharers to attend limited training seminars at one-half (½) normal 19                       compensation;
20

21	3.	Abolish any job-sharing position; 22

23	4.	Change a job-sharing position to a non-job-sharing position at the sole discretion of the 24                       District;
25

26	5.	Deny any staff member’s request to change a job-sharing position to a non-job-sharing 27                       position or vice versa;
28

29	6.	Require job-sharing staff members to work full-time in the event of the termination or 30                       resignation of one (1) of the job-sharing staff members or until such time as such staff 31                       member can be replaced according to the District’s satisfaction and sole discretion.
32

33	The job-sharers shall sign a job-sharing contract to be developed by the Superintendent. The

34	contract shall identify those contingencies that may arise during the course of employment, such 35	as but not limited to the absence or resignation of one of the job-sharers, the computation of
36	employment benefits, and the responsibilities to participate in staff meetings and on committees. 37	The purpose of such a contract is to resolve potential conflicts in an equitable fashion before they 38	arise. Such conditions are not intended to discourage job sharing or impose disproportionate
39	burdens upon job-sharing staff members. 40

41

42

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools
2
3                                                                                                                                      Adopted on: 6/27/17 4                                                                                                                                                Reviewed on:

5	5220	PERSONNEL	Revised on: 6
7
8	Prohibition on Aiding Sexual Abuse 9
10	The district prohibits any employee, contractor or agent from assisting a school employee, 11	contractor or agent in obtaining a new job if the individual or district knows or has probable
12	cause to believe that such school employee, contractor or agent engaged in sexual misconduct 13	regarding a minor or a student in violation of the law. This prohibition does not include the 14	routine transmission of administrative and personnel files.
15
16	This prohibition does not apply under certain conditions specified by the Every Student Succeeds 17	Act (ESSA) such as:
18
19	1. The matter has been reported to law enforcement authorities and it has been officially closed 20            or the school officials have been notified by the prosecutor or police after an investigation 21             that there is insufficient information to establish probable cause, or;
22
23	2. The individual has been acquitted or otherwise cleared of the alleged misconduct, or; 24
25	3. The case remains open without charges for more than 4 years after the information was 26            reported to a law enforcement agency.
27
28	Legal Reference:	ESSA section 8038, § 8546 29

1	Hardin Public Schools 2

3	PERSONNEL	5221 4

5	Work Day 6

7	Length of Work Day - Certified Staff 8

9	The current collective bargaining agreement sets forth all conditions pertaining to the certified 10	work day, preparation periods, lunches, etc. Arrival time shall generally be as directed by the 11	principal or as stipulated in the agreement.
12

13	Length of Work Day - Classified Staff 14

15	The length of a work day for classified staff is governed by the number of hours for which the 16	employee is assigned. A “full-time” employee shall be considered to be an eight-(8)-hour-per-17	day/forty-(40)-hour-per-week employee. The work day is exclusive of lunch but inclusive of
18	breaks unless otherwise and specifically provided for by an individual contract. Supervisors will 19	establish schedules. Normal office hours in the District will be 8:00 a.m. to 4:00 p.m.
20

21

22

23	Legal Reference: 24
25 26 27 28 29 30
31

29 USC 201 to 219 29 CFR 516, et seq. § 39-3-405, MCA
§ 39-4-107, MCA

10.65.103(2), ARM

24.16.102, et seq., ARM

Fair Labor Standards Act of 1985 FLSA Regulations
Overtime compensation
State and municipal governments, school districts, mines, mills, and smelters Program of Approved Pupil Instruction-Related Days
Wages and Hours

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	PERSONNEL	5222 4

5	Evaluation of Non-Administrative Staff 6

7	Each non-administrative staff member’s job performance will be evaluated by the staff member’s 8	direct supervisor. Non-tenured certified staff shall be evaluated, at a minimum, on at least an
9	annual basis. Tenured certified staff members may be evaluated according to the terms stated in 10	the current collective bargaining agreement if applicable. The evaluation model shall be aligned 11	with applicable district goals, standards of the Board of Public Education, and the district’s
12	mentorship and induction program. It shall identify what skill sets are to be evaluated, include 13	both summative and formative elements, and include an assessment of the educator’s
14	effectiveness in supporting every student in meeting rigorous learning goals through the 15	performance of the educator’s duties.
16

17	The supervisor(s) for certified staff will hold a post-evaluation conference according to the

18	current collective bargaining agreement. If the staff member refuses to sign the evaluation, the 19	supervisor should note the refusal and submit the evaluation to the Superintendent.
20

21	Legal Reference:	ARM 10.55.701(4)(a)(b)	Board of Trustees 22

23

24	Policy History: 25	Adopted on:
26	Reviewed on:

27	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	PERSONNEL	5223 4

5	Personal Conduct 6

7	Employees are expected to maintain high standards of honesty, integrity, and impartiality in the 8	conduct of District business.
9

10	In accordance with state law, an employee should not dispense or utilize any information gained 11	from employment with the District, accept gifts or benefits, or participate in business enterprises 12	or employment that creates a conflict of interest with the faithful and impartial discharge of the 13	employee’s District duties. A District employee, before acting in a manner which might impinge 14	on any fiduciary duty, may disclose the nature of the private interest which would create a
15	conflict. Care should be taken to avoid using or avoid the appearance of using official positions 16	and confidential information for personal advantage or gain.
17

18	Further, employees are expected to hold confidential all information deemed not to be for public 19	consumption as determined by state law and Board policy. Employees also will respect the
20	confidentiality of people served in the course of an employee’s duties and use information gained 21	in a responsible manner. The Board may discipline, up to and including discharge, any employee 22	who discloses confidential and/or private information learned during the course of the
23	employee’s duties or learned as a result of the employee’s participation in a closed (executive)

24	session of the Board. Discretion should be used even within the school system’s own network of 25	communication.
26

27	Administrators and supervisors may set forth specific rules and regulations governing staff 28	conduct on the job within a particular building.
29

30

31

32	Legal Reference:	§ 20-1-201, MCA	School officers not to act as agents 33

34	Policy History:

35	Adopted on:	August 28, 2007 36	Reviewed on:
37	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL	5224 4

5	Political Activity 6

7	The Board recognizes its employees’ rights of citizenship, including but not limited to engaging 8	in political activities. A District employee may seek an elective office, provided the employee 9	does not campaign on school property during working hours, and provided all other legal
10	requirements are met. The District assumes no obligation beyond making such opportunities 11	available. An employee elected to office is entitled to take a leave of absence without pay, in 12	accordance with the provisions of § 2-18-620, MCA.
13

14	No person, in or on District property, may attempt to coerce, command, or require a public

15	employee to support or oppose any political committee, the nomination or election of any person 16	to public office, or the passage of a ballot issue.
17

18	No District employee may solicit support for or in opposition to any political committee, the 19	nomination or election of any person to public office, or the passage of a ballot issue, while on 20	the job or in or on District property.
21

22	Nothing in this policy is intended to restrict the right of District employees to express their 23	personal political views.
24

25

26

27	Legal Reference: 28
29 30
31

5 USC 7321, et seq. § 2-18-620, MCA

§ 13-35-226, MCA

Hatch Act
Mandatory leave of absence for employees holding public office – return requirements
Unlawful acts of employers and employees

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Drug-Free Workplace

6

5226 page 1 of 2

7	All District workplaces are drug- and alcohol-free. All employees are prohibited from: 8

9		Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the 10                       influence of a controlled substance while on District premises or while performing work
11	for the District, including employees possessing a “medical marijuana” card.
12		Distributing, consuming, using, possessing, or being under the influence of alcohol while 13                       on District premises or while performing work for the District.

14

15	For purposes of this policy, a controlled substance is one that is: 16

17		Not legally obtainable;

18		Being used in a manner other than as prescribed;

19                   Legally obtainable but has not been legally obtained; or 20                   Referenced in federal or state controlled-substance acts.

21

22	As a condition of employment, each employee will: 23

24		Abide by the terms of the District policy respecting a drug- and alcohol-free workplace;

25	and
26		Notify his or her supervisor of his or her conviction under any criminal drug statute, for a 27                       violation occurring on District premises or while performing work for the District, no
28	later than five (5) days after such conviction.

29

30	In order to make employees aware of dangers of drug and alcohol abuse, the District will 31	endeavor to:
32

33		Provide each employee with a copy of the District drug- and alcohol-free workplace

34	policy;
35		Post notice of the District drug- and alcohol-free workplace policy in a place where other 36                       information for employees is posted;
37		Enlist the aid of community and state agencies with drug and alcohol informational and 38                       rehabilitation programs, to provide information to District employees; and
39		Inform employees of available drug and alcohol counseling, rehabilitation, reentry, and 40                       any employee-assistance programs.

41

42	District Action Upon Violation of Policy 43

44	An employee who violates this policy may be subject to disciplinary action, including

45	termination. Alternatively, the Board may require an employee to successfully complete an 46	appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.

1	5226 2                                                                                                                                                                                  page 2 of 2 3
4	The Board will take disciplinary action with respect to an employee convicted of a drug offense 5	in the workplace, within thirty (30) days of receiving notice of a conviction.
6

7	Should District employees be engaged in the performance of work under a federal contract or 8	grant, or under a state contract or grant, the Superintendent will notify the appropriate state or 9	federal agency from which the District receives contract or grant moneys of an employee’s
10	conviction, within ten (10) days after receiving notice of the conviction. 11

12

13	Legal Reference: 14
15

16

41 USC 702, 703, 706

§ 50-46-205(2)(b), MCA

Drug Free Workplace Requirements For Federal Grant Recipients
Limitations of Medical Marijuana Act

17	Policy History: 18	Adopted on:
19	Reviewed on:

20	Revised on:	August 28, 2007, December 11, 2007, September 14, 2010

1	Hardin Public Schools	R 2

3	PERSONNEL	5228 4

5	Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers 6

7	The District will adhere to federal law and regulations requiring a drug and alcohol testing 8	program for school bus and commercial vehicle drivers.
9

10	The program will comply with requirements of the Code of Federal Regulations, Title 49, §§ 11	382, et seq. The Superintendent will adopt and enact regulations consistent with federal
12	regulations, defining the circumstances and procedures for testing. 13

14

15

16	Legal Reference: 17
18 19 20
21

49 U.S.C. § 45101, Alcohol and Controlled Substances Testing (Omnibus Transportation Employee Testing Act of 1991)
49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs), 382 (Controlled substance and alcohol use and testing), and 395 (Hours of service of drivers)

22	Policy History:

23	Adopted on:	August 28, 2007 24	Reviewed on:
25	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL	5231 4

5	Personnel Records 6

7	The District maintains a complete personnel record for every current and former employee. The 8	employees’ personnel records will be maintained in the District’s administrative office, under the 9	Superintendent’s direct supervision. Employees will be given access to their personnel records,
10	in accordance with guidelines developed by the Superintendent. 11

12	In addition to the Superintendent or other designees, the Board may grant a committee or a

13	member of the Board access to cumulative personnel files. When specifically authorized by the 14	Board, counsel retained by the Board or by the employee will also have access to a cumulative 15	personnel file.
16

17	In accordance with federal law, the District shall release information regarding the professional 18	qualifications and degrees of teachers and the qualifications of paraprofessionals to parents upon 19	request, for any teacher or paraprofessional who is employed by a school receiving Title I funds, 20	and who provides instruction to their child at that school. Access to other information contained 21	in the personnel records of District employees is governed by Policy 4340.
22

23	Personnel records must be kept for 10 years after termination. 24

25	Cross Reference:	4340	Public Access to District Records 26

27	Legal Reference: 28
29

30

Admin. R. Mont. 10.55.701(5)	Board of Trustees No Child Left Behind Act of 2001, (Public Law 107-334)
§ 20-1-212(2), MCA	Destruction of records by school officer.

31	Policy History: 32	Adopted on:
33	Reviewed on:

34	Revised on:	August 28, 2007, June 25, 2013

1	Hardin Public Schools 2

3	PERSONNEL	5232 4

5	Abused and Neglected Child Reporting 6

7	A District employee who has reasonable cause to suspect that a student may be an abused or

8	neglected child shall report such a case to the Montana Department of Public Health and Human 9	Services and notify the Superintendent or principal that a report has been made. An employee
10	does not discharge the obligation to personally report by notifying the Superintendent or 11	principal.
12

13	Any District employee who fails to report a suspected case of abuse or neglect to the Department 14	of Public Health and Human Services, or who prevents another person from doing so, may be
15	civilly liable for damages proximately caused by such failure or prevention and is guilty of a 16	misdemeanor. The employee will also be subject to disciplinary action up to and including 17	termination.
18

19	When a District employee makes a report, the DPHHS may share information with that

20	individual or others as stated in 41-3-201(5). Individuals who receive information pursuant to 21	the above named subsection (5) shall maintain the confidentiality of the information as required 22	in 41-3-205.
23

24

25	Legal Reference: 26
27 28 29
30

§ 41-3-201, MCA § 41-3-202, MCA § 41-3-203, MCA § 41-3-205, MCA § 41-3-207, MCA

Reports
Action on reporting Immunity from liability
Confidentiality – disclosure exceptions Penalty for failure to report

31	Policy History:

32	Adopted on:	August 28, 2007 33	Reviewed on:
34	Revised on:	June 25, 2013

1	Hardin Public Schools	R 2

3	PERSONNEL	5240 4

5	Resolution of Staff Complaints/Problem-Solving 6

7	As circumstances allow, the District will attempt to provide the best working conditions for its

8	employees. Part of this commitment is encouraging an open and frank atmosphere in which any 9	problem, complaint, suggestion, or question is answered quickly and accurately by District
10	supervisors or administration. 11

12	The District will endeavor to promote fair and honest treatment of all employees. Administrators 13	and employees are all expected to treat each other with mutual respect. Each employee has the 14	right to express his or her views concerning policies or practices to the administration in a
15	businesslike manner, without fear of retaliation. Employees are encouraged to offer positive and 16	constructive criticism.
17

18	Each employee is expected to follow established rules of conduct, policies, and practices. Should 19	an employee disagree with a policy or practice, the employee can express his or her disagreement 20	through the District’s grievance procedure. No employee shall be penalized, formally or
21	informally, for voicing a disagreement with the District in a reasonable, businesslike manner or 22	for using the grievance procedure. An employee filing a grievance under a collective
23	bargaining agreement is required to follow the grievance procedure for that particular 24	agreement.
25

26

27

28	Cross Reference:	1700	Uniform Complaint Procedure 29

30	Policy History: 31	Adopted on:
32	Reviewed on:

33	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL	5250 4

5	Non-Renewal of Employment/Dismissal From Employment 6

7	The Board, after receiving the recommendations of the Superintendent, will determine the non-8	renewal or termination of certified and classified staff, in conformity with state statutes and
9	applicable District policy. 10

11

12

13	Cross Reference:	5140	Classified Employment and Assignment 14

15	Legal Reference: 16
17 18
19

§ 20-4-204, MCA § 20-4-206, MCA

§ 20-4-207, MCA

Termination of tenure teacher services Notification of nontenure teacher reelection – acceptance – termination.
Dismissal of teacher under contract

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL	5251 4

5	Resignations 6

7	The Board authorizes the Superintendent, or designee, to accept on its behalf resignations from 8	any school district employee. The Superintendent, or designee, shall provide written acceptance 9	of the resignation, including the date of acceptance, to the employee setting forth the effective
10	date of the resignation. 11

12	Once the Superintendent, or designee, has accepted the resignation it may not be withdrawn by 13	the employee. The resignation and its acceptance should be reported as information to the Board 14	at the next regular or special meeting.
15

16

17	Legal Reference: 18
19 20 21
22

Booth v. Argenbright, 225 M 272, 731 P2d 1318, 44 St. Rep. 227 (1987)

23	Policy History:

24	Adopted on:	August 27, 2007 25	Reviewed on:
26	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL	5253 4

5	Retirement Programs for Employees 6

7	All District employees shall participate in retirement programs under the Federal Social Security 8	Act and either the Teachers’ Retirement System or the Public Employees’ Retirement System in 9	accordance with state retirement regulations.
10

11	Certified employees who intend to retire at the end of the current school year should notify the 12	Superintendent in writing prior to May1 of that year.
13

14	Those employees intending to retire, who are not contractually obligated to complete the school 15	year, should notify the Superintendent as early as possible and no less than thirty (30) days
16	before their retirement date. 17

18	The relevant and most current negotiated agreements for all categories of employees shall 19	specify severance stipends and other retirement conditions and benefits.
20

21	The District will contribute to the PERS whenever a classified employee is employed for more 22	than the equivalent of one hundred twenty (120) full days (960 hours) in any one (1) fiscal year. 23	Part-time employees who are employed for less than 960 hours in a fiscal year may elect PERS 24	coverage, at their option and in accordance with § 19-3-412, MCA.
25

26

27

28	Legal Reference: 29
30

31

Title 19, Chapter 1, MCA Title 19, Chapter 3, MCA Title 19, Chapter 20, MCA

Social Security
Public Employees’ Retirement System Teachers’ Retirement

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL	5255 4

5	Disciplinary Action 6

7	District employees who fail to fulfill their job responsibilities or to follow reasonable directions 8	of their supervisors, or who conduct themselves on or off the job in ways that affect their
9	effectiveness on the job, may be subject to discipline. Behavior, conduct, or action that may call 10	for disciplinary action or dismissal includes but is not limited to reasonable job-related grounds 11	based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or 12	other legitimate reasons.
13

14	Discipline will be reasonably appropriate to the circumstance and will include but not be limited 15	to a supervisor’s right to reprimand an employee and the Superintendent’s right to suspend an 16	employee, with or without pay, or to impose other appropriate disciplinary sanctions. In
17	accordance with Montana law, only the Board may terminate an employee or non-renew 18	employment.
19

20	The District’s restrictions on students who have brought to, or possess a firearm at, any setting 21	that is under the control and supervision of the school district and a student who has been found 22	to have possessed, used or transferred a weapon on school district property apply to all
23	employees of the District pursuant to Policy 3311. 24

25	The Superintendent is authorized to immediately suspend a staff member. 26

27

28	Cross Reference	Policy 3311	Firearms and Weapons 29

30

31

32	Legal Reference: 33
34 35 36
37

§ 20-3-210, MCA	Controversy appeals and hearings § 20-3-324, MCA	Powers and duties
§ 20-4-207, MCA	Dismissal of teacher under contract § 39-2-903, MCA	Definitions
Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.

38	Policy History:

39	Adopted on:	August 28, 2007 40	Reviewed on:
41	Revised on:	September 14, 2010

1	Hardin Public Schools 2

3	PERSONNEL	5322 4

5	Military Leave 6

7	Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and 8	the Montana Military Service Employment Rights, the Superintendent shall grant military leave 9	to employees for voluntary or involuntary service in the uniformed services of the United States,
10	upon receipt of the required notice. Benefits shall be maintained for these employees as required 11	by law and/or collective bargaining agreements. A service member who returns to the District 12	for work following a period of active duty must be reinstated to the same or similar position and 13	at the same rate of pay unless otherwise provided by law.
14

15	Time spent in active military service shall be counted in the same manner as regular employment 16	for purposes of seniority or District service unless otherwise provided in a collective bargaining 17	agreement.
18

19	The District will not discriminate in hiring, reemployment, promotion, or benefits based upon 20	membership or service in the uniformed services.
21

22	All requests for military leave will be submitted to the Superintendent, in writing, accompanied 23	by copies of the proper documentation showing the necessity for the military leave request.
24

25	When possible, all requests for military leave will be submitted at least one (1) full month in 26	advance of the date military service is to begin.
27

28	Persons returning from military leave are asked to give the Superintendent notice of intent to 29	return, in writing, as least one (1) full month in advance of the return date.
30

31

32

33	Legal Reference: 34
35 36 37 38 39 40 41
42

38 U.S.C. §§ 4301-4333

§10-1-1004, MCA §10-1-1005, MCA

§10-1-1006, MCA §10-1-1007, MCA

§10-1-1009, MCA

The Uniformed Services Employment and Reemployment Act of 1994
Rights under federal law Prohibition against employment discrimination
Entitlement to leave of absence
Right to return to employment without loss of benefits – exceptions – definition
Paid military leave for public employees

43	Policy History:

44	Adopted on:	August 28, 2007 45	Reviewed on:
46	Revised on:

1	Hardin Public Schools	R 2

3	PERSONNEL	5325 4

5	Breastfeeding Workplace 6

7	Recognizing that breastfeeding is a normal part of daily life for mothers and infants and that 8	Montana law authorizes mothers to breastfeed their infants where mothers and children are 9	authorized to be, the District will support women who want to continue breastfeeding after
10	returning from maternity leave. 11

12	The District shall provide reasonable unpaid break time each day to an employee who needs to 13	express milk for the employee’s child, if breaks are currently allowed. If breaks are not currently 14	allowed, the District shall consider each case and make accommodations as possible. The
15	District is not required to provide break time if to do so would unduly disrupt the District’s 16	operations. Supervisors are encouraged to consider flexible schedules when accommodating 17	employee’s needs.
18

19	The District will make reasonable efforts to provide a room or other location, in close proximity 20	to the work area, other than a toilet stall, where an employee can express the employee’s breast 21	milk. The available space will include the provision for lighting and electricity for the pump
22	apparatus. If possible, supervisors will ensure that employees are aware of these workplace 23	accommodations prior to maternity leave.
24

25

26

27	Legal Reference:	Title 39, Chapter 2, Part 2, MCA	General Obligations of Employers 28

29	Policy History:

30	Adopted on:	August 28, 2007 31	Reviewed on:
32	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL 4

5

6	Family Medical Leave

7

R

5328 Page 1 of 2

8        In accordance with provisions of the Family Medical Leave Act of 1993 (FMLA), a leave of 9        absence of up to twelve (12) weeks during a twelve-(12)-month period may be granted to an
10	eligible employee for the following reasons: 1) birth of a child; 2) placement of a child for 11	adoption or foster care; 3) a serious health condition which makes the employee unable to
12	perform functions of the job; 4) to care for the employee’s spouse, child, or parent with a serious 13	health condition; 5) because of a qualifying exigency (as the Secretary shall, by regulation,
14	determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is 15	on active duty (or has been notified of an impending call or order to active duty) in the Armed 16	Forces in support of a contingency operation.
17

18	Servicemember Family Leave 19

20	Subject to section 103 of the FMLA of 1993, as amended, an eligible employee who is the

21	spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a 22	total of 26 workweeks of leave during a 12-month period to care for the servicemember. The 23	leave described in this paragraph shall only be available during a single 12-month period.
24

25	Eligibility 26

27	An employee is eligible to take FMLA leave, if the employee has been employed for at least

28	twelve (12) months and has worked at least one thousand two hundred fifty (1,250) hours during 29	the twelve (12) months immediately prior to the date leave is requested and there have been at 30	least fifty (50) District employees within seventy-five (75) miles for each working day during
31	twenty (20) or more workweeks in the current or preceding calendar year. 32

33	The Board has determined that the twelve-(12)-month period during which an employee may 34	take FMLA leave is July 1 to June 30.
35

36	Coordination of Leave 37

38	Employees will be required to use appropriate paid leave while on FMLA leave. Workers’ 39	compensation absences will (not) be designated FMLA leave.
40

41	Medical Certification 42

43	The Superintendent has discretion to require medical certification to determine initial or 44	continued eligibility under FMLA, as well as fitness for duty.
45

46

1

2	5328 3                                                                                                                                                                                  page 2 of 2 4
5	NOTE:	This provision applies to school districts with fifty (50) or more employees. Those 6                                     districts with less than fifty (50) employees must comply with notice and record
7	retention but are not obligated to provide the leave as a benefit of any employee’s 8	employment. The FMLA poster may be obtained by going to the Montana
9	Department of Labor website, highlight “Resources & Services” tab and click on 10	“Required Postings”.
11

12 13 14
15

16	Legal Reference: 17
18 19 20 21 22 23 24
25

29 U.S.C §2601, et seq. - Family and Medical Leave Act of 1993
29 C.F.R. Part 825,	Family and Medical Leave Regulations §§2-18-601, et seq., MCA	Leave Time
§§49-2-301, et seq., MCA	Prohibited Discriminatory Practices Section 585 – National Defense Authorization Act for FY 2008, Public Law [110-181]

26	Policy History:

27	Adopted on:	August 28,2007 28	Reviewed on:
29	Revised on:	June 24, 2008, 02/14/2012 30

1	Hardin Public Schools	R 2

3	PERSONNEL	5336 4

5	Compensatory Time and Overtime for Classified Employees 6

7	Non-exempt classified employees who work more than forty (40) hours in a given workweek 8	may receive overtime pay of one and one-half (1½) times the normal hourly rate, unless the
9	District and the employee agree to the provision of compensation time at a rate of one and one-10	half (1½) times all hours worked in excess of forty (40) hours in any workweek. The
11	Superintendent must approve any overtime work of a classified employee. 12

13	Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not 14	volunteer to work without pay in an assignment similar to the employee’s regular work.
15

16	A non-exempt employee who works overtime without authorization may be subject to 17	disciplinary action.
18

19

20

21	Legal Reference:	29 USC 201, et seq.	Fair Labor Standards Act 22

23	Policy History:

24	Adopted on:	August 28, 2007 25	Reviewed on:
26	Revised on:	October 27, 2009

1	Hardin Public Schools 2

3	PERSONNEL	5337 4

5	Workers’ Compensation Benefits 6

7	All employees of the District are covered by workers’ compensation benefits. In the event of an 8	industrial accident, an employee should:
9

10	1.	Attend to first aid and/or medical treatment during an emergency; 11

12	2.	Correct or report as needing correction a hazardous situation as soon as possible after an 13                       emergency situation is stabilized;
14

15	3.	Report the injury or disabling condition, whether actual or possible, to the immediate

16	supervisor, within forty-eight (48) hours, on the Employer’s First Report of Occupational 17	Injury or Disease; and
18

19	4.	Call or visit the administrative office after medical treatment, if needed, to complete the 20                       necessary report of accident and injury on an Occupational Injury or Disease form.
21

22	The administrator will notify the immediate supervisor of the report and will include the 23	immediate supervisor as necessary in completing the required report.
24

25	An employee who is injured in an industrial accident may be eligible for workers’ compensation 26	benefits. By law, employee use of sick leave must be coordinated with receipt of workers’
27	compensation benefits, on a case-by-case basis, in consultation with the Workers’ Compensation 28	Division, Department of Labor and Industry.
29

30	The District will not automatically and simply defer to a report of industrial accident but will 31	investigate as it deems appropriate to determine: (1) whether continuing hazardous conditions
32	exist which need to be eliminated; and (2) whether in fact an accident attributable to the District 33	working environment occurred as reported. The District may require the employee to authorize 34	the employee’s physician to release pertinent medical information to the District or to a
35	physician of the District’s choice, should an actual claim be filed against the Workers’

36	Compensation Division, which could result in additional fees being levied against the District. 37

38

39

40	Legal Reference:	§§ 39-71-101, et seq., MCA Workers’ Compensation Act 41

42	Policy History:

43	Adopted on:	August 28, 2007 44	Reviewed on:
45	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL	5420 4

5	Paraprofessionals 6

7	Paraprofessionals, as defined in the appropriate job descriptions, are under the supervision of a 8	principal and a teacher to whom the principal may have delegated responsibility for close
9	direction. The nature of the work accomplished by paraprofessionals will encompass a variety of 10	tasks that may be inclusive of “limited instructional duties.”
11

12	Paraprofessionals are employed by the District mainly to assist the teacher. A paraprofessional 13	is an extension of the teacher, who legally has the direct control and supervision of the classroom 14	or playground and responsibility for control and the welfare of the students.
15

16	It is the responsibility of each principal and teacher to provide adequate training for a
17	paraprofessional. This training should take into account the unique situations in which a
18	paraprofessional works and should be designed to cover the general contingencies that might be 19	expected to pertain to that situation. During the first thirty (30) days of employment, the
20	supervising teacher or administrator shall continue to assess the skills and ability of the 21	paraprofessional to assist in reading, writing, and mathematics instruction.
22

23	The Superintendent shall develop and implement procedures for an annual evaluation of 24	paraprofessionals. Evaluation results shall be a factor in future employment decisions. 25
26	If the school receives Title I funds, the District shall notify parents of students attending the 27	school annually that they may request the District to provide information regarding the
28	professional qualifications of their child’s paraprofessionals, if applicable. 29

30	Legal Reference:	20 U.S.C. § 6319	Qualifications for teachers and paraprofessionals 31

32	Policy History:
33	Adopted on:	August 28, 2007 34	Reviewed on:
35	Revised on:	6/27/17

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Volunteers

6

5430 page 1 of 2

7	The District recognizes the valuable contributions made to the total school program by members 8	of the community who act as volunteers. By law, a volunteer is an individual who:
9

10	1.	Has not entered into an express or implied compensation agreement with the District; 11

12	2.	Is excluded from the definition of “employee” under appropriate state and federal 13                       statutes;
14

15	3.	May be paid expenses, reasonable benefits, and/or nominal fees in some situations; and 16

17	4.	Is not employed by the District in the same or similar capacity for which he/she is 18                       volunteering.
19

20	District employees who work with volunteers shall clearly explain duties for supervising children 21	in school, on the playground, and on field trips. An appropriate degree of training and/or
22	supervision of each volunteer shall be administered commensurate with the responsibility 23	undertaken.
24

25	Volunteers who have unsupervised access to children are subject to the District’s policy 26	mandating background checks.
27

28	Chaperones 29

30	The Superintendent may direct that appropriate screening processes be implemented to assure 31	that adult chaperones are suitable and acceptable for accompanying students on field trips or 32	excursions.
33

34	When serving as a chaperone for the District, the parent(s)/guardian(s) or other adult volunteers, 35	including employees of the District, assigned to chaperone, shall not use tobacco products in the 36	presence of students, nor shall they consume any alcoholic beverages or use any illicit drug
37	during the duration of their assignment as a chaperone, including during the hours following the 38	end of the day’s activities for students. The chaperone shall not encourage or allow students to 39	participate in any activity that is in violation of district policy during the field trip or excursion, 40	including during the hours following the end of the day’s activities. Chaperones shall be given a 41	copy of these rules and sign a letter of understanding verifying they are aware of and agree to
42	these District rules before being allowed to accompany students on any field trip or excursion. 43

44	Any chaperone found to have violated these rules shall not be used again as a chaperone for any 45	District-sponsored field trips or excursions and may be excluded from using District-sponsored 46	transportation for the remainder of the field trip or excursion and be responsible for their own

1	5430 2                                                                                                                                                                             page 2 of 2 3
4	transportation back home. Employees found to have violated these rules may be subject to 5	disciplinary action.
6

7

8

9	Cross Reference:	5122	Fingerprints and Criminal Background Investigations 10

11	Policy History:

12	Adopted on:	August 28, 2007 13	Reviewed on:
14	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL 4

5

6	Employee use of Electronic Mail, Internet, and District Equipment

7

5450 Page 1 of 2

8        Electronic mail (“e-mail”) is an electronic message that is transmitted between two or more 9        computers or electronic terminals, whether or not the message is converted to hard copy format 10        after receipt and whether or not the message is viewed upon transmission or stored for later 11        retrieval. Electronic mail includes all electronic messages that are transmitted through a local,
12	regional, or global computer network. 13

14	Because of the unique nature of e-mail/Internet, and because the District desires to protect its

15	interest with regard to its electronic records, the following rules have been established to address 16	e-mail/Internet usage by all employees:
17

18	The District e-mail and Internet systems are intended to be used for educational purposes only, 19	and employees should have no expectation of privacy when using the e-mail or Internet systems 20	for any purpose. Employees have no expectation of privacy in district owned technology
21	equipment, including but not limited to district-owned desktops, laptops, memory storage 22	devices, and cell phones.
23

24	Users of district E-mail and Internet systems are responsible for their appropriate use. All illegal 25	and improper uses of the electronic mail and Internet system, including but not limited to
26	extreme network etiquette violations including mail that degrades or demeans other individuals, 27	pornography, obscenity, harassment, solicitation, gambling and violating copyright or
28	intellectual property rights are prohibited. Abuse of the e-mail or Internet systems, through 29	excessive personal use, or use in violation of the law or District policies, will result in
30	disciplinary action, up to and including termination of employment. 31

32	All e-mail/Internet records are considered District records and should be transmitted only to 33	individuals who have a need to receive them. If the sender of an electronic mail or Internet 34	message does not intend for the mail or Internet message to be forwarded, the sender should 35	clearly mark the message "Do Not Forward".

36

37	In order to keep district electronic mail and Internet systems secure, users may not leave the 38	terminal “signed on” when unattended and may not leave their password available in an obvious 39	place near the terminal or share their password with anyone except the system administrator. 40	The district reserves the right to bypass individual passwords at any time and to monitor the use 41	of such systems by employees.
42

43	Additionally, District records, e-mail/Internet records are subject to disclosure to law

44	enforcement or government officials or to other third parties through subpoena or other process. 45	Consequently, the district retains the right to access stored records in cases where there is
46

1	5450 2                                                                                                                                                                             Page 2 of 2 3
4	reasonable cause to expect wrong-doing or misuse of the system, review, store and disclose all 5	information sent over the district electronic mail systems for any legally permissible reason,
6	including but not limited to determining whether the information is a public record, whether it

7	contains information discoverable in litigation and to access district information in the 

8	employee's absence. E-mail/ Internet messages by employees may not necessarily reflect the 9	views of the District.
10

11	Except as provided herein, district employees are prohibited from accessing another employee's 12	electronic mail without the expressed consent of the employee. All district employees should be 13	aware that electronic mail messages can be retrieved even if they have been deleted and that 14	statements made in electronic mail communications can form the basis of various legal claims 15	against the individual author or the district.
16

17	Electronic mail sent or received by the district or the district’s employees may be considered a 18	public record subject to public disclosure or inspection. All district electronic mail and Internet 19	communications may be monitored.
20

21 22
23

24	Policy History:

25	Adopted on:	August 28, 2007 26	Reviewed on:
27	Revised on:	February 26, 2008, 02/14/2012

1	Hardin School District 2

3	PERSONNEL	5500 4

5	Payment of Wages Upon Termination 6

7	When a District employee separates from employment, wages owed will be paid on the next
8	regular pay day for the pay period in which the employee left employment or within fifteen (15) 9	days, whichever occurs first.
10
11	In the case of an employee discharged for allegations of theft connected to the employee’s work, 12	the District may withhold the value of the theft, provided:
13
14	•	The employee agrees in writing to the withholding; or

15
16	•	The District files a report of the theft with law enforcement within seven (7) business 17                      days of separation.
18
19	If no charges are filed within thirty (30) days of the filing of a report with law enforcement, 20	wages are due within a thirty-(30)-day period.
21

22

23

24	Legal Reference:

25

§ 39-3-205, MCA	 Payment of wages when employee separated from employment prior to payday – exceptions

26

27	Policy History:
28	Adopted on:	June 9, 2009 29	Reviewed on:
30	Revised on:	02/14/2012, 6/12/2018

© MTSBA 2009

1	Hardin Public Schools 2

3	PERSONNEL 4

5	HIPAA 6

7	Note:

8

R

5510 page 1 of 5

9	(1) Any school district offering a group “health care plan” for its employees is affected by

10	HIPAA. School districts offering health plans that are self-insured will be entirely responsible 11	for compliance with HIPAA, despite a third party administrator managing the plan. School
12	districts may also be subject to HIPAA as a “health care provider” by either having a school-13	based health center or a school nurse. School-based health centers staffed and serviced by a 14	hospital or local health department are responsible for complying with HIPAA if there is a
15	sharing of records containing health information. For those districts providing the services of a 16	school nurse, HIPAA regulations issued in 2000 commented that an “educational institution that 17	employs a school nurse is subject to [the] regulations as a health care provider if the school
18	nurse or the school engaged in a HIPAA transaction.” This transaction occurs when a school 19	nurse submits a claim electronically.
20

21	(2) Any personally identifiable health information contained in an “education record” under 22	FERPA is subject to FERPA, not HIPAA.
23

24	Background 25

26	Health Insurance Portability and Accountability Act of 1996 (HIPAA) 27

28	The District’s group health plan is a Covered Entity under the Health Insurance Portability and 29	Accountability Act of 1996 (HIPAA) and its implementing regulations, the Standards for the
30	Privacy of Individually Identifiable Information. In order to comply with HIPAA and its related 31	regulations, the District has implemented the following HIPAA Privacy Policy:
32

33	The HIPAA Privacy Rule 34

35	HIPAA required the federal government to adopt national standards for electronic health care 36	transactions. At the same time, Congress recognized that advances in electronic technology 37	could erode the privacy of health information and determined there was a need for national
38	privacy standards. As a result HIPAA included provisions which mandated the adoption of 39	federal privacy standards for individually identifiable health information.
40

41	The standards found in the Privacy Rule are designed to protect and guard against the misuse of 42	individually identifiable health information, with particular concern regarding employers using 43	an employee’s (or dependent’s) health information from the group health plan to make adverse 44	employment-related decisions. The Privacy Rule states that verbal, written, or electronic
45	information that can be used to connect a person’s name or identity with medical, treatment, or 46	health history information is Protected Health Information (PHI) under the HIPAA Privacy Rule.

1 2
3

4	Under the HIPAA Privacy Rule:

5

5510 page 2 of 5

6	1.	Individuals have a right to access and copy their health record to the extent allowed by 7                       HIPAA.
8

9	2.	Individuals have the right to request an amendment to their health record. The plan may 10                       deny an individual’s request under certain circumstances specified in the HIPAA Privacy 11                       Rule.
12

13	3.	Individuals have the right to an accounting of disclosures of their health record for 14                       reasons other than treatment, payment, or healthcare operations.
15

16	4.	PHI, including health, medical, and claims records, can be used and disclosed without 17                       authorization for specific, limited purposes (treatment, payment, or operations of the
18	group health plan). A valid authorization from the individual must be provided for use or 19	disclosure for other than those purposes.
20

21	5.	Safeguards are required to protect the privacy of health information. 22

23	6.	Covered entities are required to issue a notice of privacy practices to their enrollees. 24

25	7.	Violators are held accountable with civil and criminal penalties for improper use or 26                       disclosure of PHI.
27

28	Compliance 29

30	The District Clerk has been designated Privacy Officer. The Privacy Officer will oversee all

31	ongoing activities related to the development, implementation, maintenance of, and adherence to 32	the District’s policies and procedures covering the privacy of and access to patient health
33	information in compliance with HIPAA, other applicable federal and state laws, and the 34	District’s privacy practices.
35

36	As required for a Covered Entity under HIPAA, the plan has developed these internal privacy 37	policies and procedures to assure that PHI is protected and that access to and use and disclosure
38	of PHI are restricted in a manner consistent with HIPAA’s privacy protections. The policies and 39	procedures recognize routine and recurring disclosures for treatment, payment, and healthcare
40	operations and include physical, electronic, and procedural safeguards to protect PHI. The

41	procedures include safeguards for sending PHI via mail or fax, receiving PHI for plan purposes, 42	and workstation safeguards and procedures for securing and retaining PHI received by the plan. 43	Plan participants are entitled to receive a copy of the plan’s policies and procedures upon
44	request. 45

46	Designating a limited number of privacy contacts allows the District to control who is receiving

1	5510 2                                                                                                                                                                                  page 3 of 5 3
4	PHI from the contract claims payor for plan operations purposes. The contract claims payor will 5	provide only the minimum PHI necessary for the stated purpose and, as required under the
6	Privacy Rule, will provide PHI only to individuals with a legitimate need to know for plan 7	operations purposes.
8

9	The District has distributed a notice of privacy practices to plan participants. The notice informs 10	plan participants of their rights and the District’s privacy practices related to the use and
11	disclosure of PHI. A copy of this notice may be obtained by contacting the Privacy Officer. 12

13	The District has reviewed how PHI is used and disclosed by the plan and has limited disclosure 14	of that information to employees who have a legitimate need to know or possess the PHI for
15	healthcare operations and functions. The District will make reasonable efforts to use de-

16	identified information whenever possible in the operations of the plan and will only use the 17	minimum PHI necessary for the stated purpose.
18

19	Some of the District’s employees need access to PHI in order to properly perform the functions 20	of their jobs. The District has identified these employees and has given them training in the
21	important aspects of the HIPAA Privacy Rule, the privacy policy, and procedures. New

22	employees who will have access to PHI will receive training on the HIPAA Privacy Rule and 23	related policies and procedures as soon as reasonably possible after they are employed.
24	Employees who improperly use or disclose PHI or misuse their access to that information may 25	be subject to discipline, as deemed appropriate.
26

27	In the event the group health plan must disclose PHI in the course of performing necessary plan 28	operations functions or as required by law or a governmental agency, the District has developed 29	a system to record those disclosures and requests for disclosures. An individual may request a 30	list of disclosures of his or her PHI made by the plan for other than treatment or claims payment 31	purposes. All requests for an accounting of PHI disclosures must be made in writing, and the
32	plan may impose fees for the cost of production of this information. Requests will be responded 33	to within sixty (60) days. If the plan is not able to provide the requested information within sixty 34	(60) days, a written notice of delay will be sent to the requesting individual, with the reasons for 35	the delay and an estimated time for response.
36

37        In order to comply with the new privacy regulations, the plan has implemented compliant 38        communication procedures. Except for its use in legitimate healthcare operations, written
39	permission will be required in order for the District to disclose PHI to or discuss it with a third 40	party.
41

42	The HIPAA Privacy Rule prohibits the District from disclosing medical information without the 43	patient’s written permission other than for treatment, payment, or healthcare operations purposes. 44	An authorization signed by the patient and designating specified individuals to whom the District 45	may disclose specified medical information must be on file, before the plan can discuss a
46	patient’s medical information with a third party (such as a spouse, parent, group health plan

1 2
3

4	representative, or other individual). 5

6	The District has taken the following steps to ensure PHI is safeguarded:

5510 page 4 of 5

7

8		The District has implemented policies and procedures to designate who has and who does 9                       not have authorized access to PHI.
10

11		Documents containing PHI are kept in a restricted/locked area. 12

13		Computer files with PHI are password protected and have firewalls making unauthorized 14                       access difficult.
15

16		Copies of PHI will be destroyed when information is no longer needed, unless it is 17                       required by law to be retained for a specified period of time.
18

19		The District will act promptly to take reasonable measures to mitigate any harmful effects 20                       known to the group health plan, due to a use or disclosure of PHI in violation of the
21	plan’s policies, procedures, or requirements of the HIPAA Privacy Rule. 22

23		The District will appropriately discipline employees who violate the District’s group 24                       health plan’s policies, procedures, or the HIPAA Privacy Rule, up to and including 25                       termination of employment if warranted by the circumstances.
26

27	The District has received signed assurances from the plan’s business associates that they

28	understand the HIPAA Privacy Rule, applicable regulations, and the Privacy Policy and will 29	safeguard PHI just as the plan would.
30

31	The contract claims payor and certain other entities outside the group health plan require access 32	on occasion to PHI, if they are business associates of the group health plan and in that role need 33	to use, exchange, or disclose PHI from the group health plan. The plan requires these entities to 34	sign an agreement stating they understand HIPAA’s privacy requirements and will abide by
35	those rules just as the group health plan does, to protect the PHI to which they have access. For 36	example the plan engages a certified public accountant to audit the plan annually and to make 37	sure payments are made in compliance with the Plan Document. In order for the CPA to
38	complete an audit, the auditor reviews a sample of the claims for accuracy. 39

40	The District will ensure health information will not be used in making employment and

41	compensation decisions. The HIPAA Privacy Rule and other applicable laws expressly prohibit 42	an employer from making adverse employment decisions (demotions, terminations, etc.) based 43	on health information received from the group health plan. To the extent possible, the District
44	has separated the plan operations functions from the employment functions and has safeguards in

45	place to prevent PHI from the plan from going to or being used by an employee’s supervisor, 46	manager, or superior to make employment-related decisions.

1 2
3

4	Complaints

5

5510 page 5 of 5

6	If an employee believes their privacy rights have been violated, they may file a written complaint 7	with the Privacy Officer. No retaliation will occur against the employee for filing a complaint.
8	The contact information for the Privacy Officer is: 9

10	District Clerk

11	Hardin Public Schools 12                                                                                        Rt. 1, Box 1001
13	Hardin, MT 59034 14

15

16

17	Policy History:

18	Adopted on:	August 28, 2007 19	Reviewed on:
20	Revised on:

HARDIN PUBLIC SCHOOLS R = required
6000 SERIES ADMINISTRATION

TABLE OF CONTENTS

6000	Goals

R 6110	Superintendent

6121	District Organization 6122	Delegation of Authority
6130	Assignment and Transfer of Administrative Staff

R 6140	Duties and Qualifications of Administrative Staff Other Than Superintendent
6141	Employment Restrictions for Administrative Personnel R 6210	Principals
R 6410	Evaluation of Administrative Staff 6420	Professional Growth and Development

1	Hardin Public Schools 2

3	ADMINISTRATION	6000 4

5	Goals 6

7	The administrative staff’s primary functions are to manage the District and to facilitate the 8	implementation of a quality educational program. It is the goal of the Board that the
9	administrative organization: 10

11	1.	Provide for efficient and responsible supervision, implementation, evaluation, and

12	improvement of the instructional program, consistent with the policies established by the 13	Board;
14

15	2.	Provide effective and responsive communication with staff, students, parents, and other 16                       citizens; and
17

18	3.	Foster staff initiative and rapport. 19

20	The District’s administrative organization will be designed so that all divisions and departments 21	of the District are part of a single system guided by Board policies implemented through the
22	Superintendent. Principals and other administrators are expected to administer their facilities in 23	accordance with Board policy and the Superintendent’s rules and procedures.
24

25

26

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	ADMINISTRATION	6110 4

5	Superintendent 6
7	Duties and Authorities 8
9	The Superintendent is the District’s executive officer and is responsible for the administration and

10	management of District schools, in accordance with Board policies and directives and state and federal 11	law. The Superintendent is authorized to develop administrative procedures to implement Board policy 12	and to delegate duties and responsibilities; however, delegation of a power or duty does not relieve the 13	Superintendent of responsibility for that which was delegated.
14

15	Qualifications and Appointment 16
17	The Superintendent will have the experience and skills necessary to work effectively with the Board,

18	District employees, students, and the community. The Superintendent must be appropriately licensed and 19	endorsed in accordance with state statutes and Board of Public Education rules; or considered
20	appropriately assigned if the Superintendent is enrolled in an internship program as defined in ARM 21	10.55.602 and meets the requirements of ARM 10.55.607 and ARM 10.55.702.
22

23	Evaluation 24
25	At least annually the Board will evaluate the performance of the Superintendent, using standards and

26	objectives developed by the Superintendent and the Board, which are consistent with District mission and 27	goal statements. A specific time shall be designated for a formal evaluation session. The evaluation will 28	include a discussion of professional strengths, as well as performance areas needing improvement.
29

30	Compensation and Benefits 31
32	The Board and the Superintendent will enter into a contract which conforms to this policy and state law. 33	The contract will govern the employment relationship between the Board and the Superintendent.

34

35	Legal Reference: 36
37 38 39
40

§ 20-4-402, MCA

ARM 10.55.602 ARM 10.55.607 ARM 10.55.702

Duties of district superintendent or county high school principal
Definition of Internship Internships
Licensure and Duties of District Administrator – District Superintendent

41

42	Policy History: 43	Adopted on: 44	Reviewed on:
45	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	ADMINISTRATION	6121 4

5	District Organization 6

7	The Superintendent shall develop an organizational chart indicating the channels of authority and 8	reporting relationships for school personnel. These channels should be followed, and no level
9	should be bypassed, except in unusual circumstances. 10

11	The organization of District positions of employment for purposes of supervision, services,

12	leadership, administration of Board policy, and all other operational tasks shall be on a “line and 13	staff” basis. District personnel occupying these positions of employment shall carry out their
14	duties and responsibilities on the basis of line and staff organization. 15

16

17

18	Policy History: 19	Adopted on:
20	Reviewed on:

21	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	ADMINISTRATION	6122 4

5	Delegation of Authority 6

7	Unless otherwise specified, the Superintendent has the authority to designate a staff member to 8	serve in an official capacity for the implementation of District policies or as his/her personal
9	representative. This authorization will include those responsibilities appropriate for the position 10	as designated or directed by the Superintendent.
11

12

13

14	Policy History: 15	Adopted on:
16	Reviewed on:

17	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	ADMINISTRATION	6130 4

5	Assignment and Transfer of Administrative Staff 6

7	Administrative staff are responsible to the Board through the Superintendent. The assignment of 8	administrative staff shall be in accordance with the organizational chart of the District. The
9	Board shall approve the initial assignment of administrative staff at the time of employment and 10	when such assignments involve a transfer from one building to another.
11

12	Subject to the approval of the Board, the Superintendent shall have the authority to reorganize 13	and/or rearrange the specific responsibilities of the administrative and supervisory staff in a
14	manner that will provide for the effective operation of the District. The Superintendent shall, in 15	considering any assignment or transfer, base a decision on such factors as the desired
16	performance and/or expectations inherent in the position, the staff member’s background and

17	preparation, the staff member’s past performance, and the impact on other facets of the District’s 18	operations.
19

20	Administrative staff members shall be informed of their assignments no later than June 15 except 21	that nothing in this policy shall prevent the Superintendent from reassigning an administrative
22	staff member for good cause during the school year. 23

24	Any tenured certified staff member who is being transferred at the expiration of his/her

25	employment contract to any administrative or non-administrative position for which the annual 26	compensation is less than the position currently held by the administrator shall be notified in 27	writing before April 1.
28

29

30

31	Legal Reference: 32
33

34

§ 20-4-203, MCA § 20-4-204, MCA
10.55.203 (2), ARM

Teacher Tenure
Termination of tenure teacher services District Superintendent

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	ADMINISTRATION	6140 4

5	Duties and Qualifications of Administrative Staff Other Than Superintendent 6

7	Duty and Authority 8

9	As authorized by the Superintendent, administrative staff will have full responsibility for day-to-10	day administration of the area to which they are assigned. Administrative staff are governed by 11	Board policies and are responsible for implementing administrative procedures relating to their 12	assigned responsibilities.
13

14	Each administrator’s duties and responsibilities will be set forth in a job description for that 15	particular position.
16

17	Qualifications 18

19	All administrative personnel must be appropriately licensed and endorsed in accordance with state 20	statutes and Board of Public Education rules, or be considered appropriately assigned if the
21	administrator is enrolled in an internship as defined in ARM 10.55.602 and meets the requirements of 22	ARM 10.55.607, and must meet other qualifications as specified in their position’s job description. 23
24	Administrative Work Year 25

26	The administrators’ work year will correspond with the District’s fiscal year, unless otherwise 27	stated in an employment agreement. In addition to legal holidays, the administrators will have 28	vacation periods as approved by the Superintendent.
29

30	Compensation and Benefits 31

32	Administrators will receive compensation and benefits as stated in their employment agreements. 33

34	Legal Reference: 35
36 37 38 39 40
41

§ 20-4-401, MCA

§ 20-4-402, MCA

10.55.701, ARM ARM 10.55.602 ARM 10.55.607

Appointment and dismissal of district superintendent or county high school principal Duties of district superintendent or county high school principal
Board of Trustees Definition of Internship Internships

42	Policy History: 43	Adopted on:
44	Reviewed on:

45	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools 2

3	ADMINISTRATION	6141 4

5	Employment Restrictions for Administrative Personnel 6

7	The Superintendent must give prior approval for time taken by administrators from the regularly 8	assigned work schedules, for such paid activities as consulting, college teaching, lecturing, etc. 9
10	The amount of time lost to the District will be, but is not restricted to being: deducted from

11	vacation time; granted as additional personal leave as specified by a written contract; or prorated 12	to a dollar amount to be deducted in the next regularly scheduled pay period.
13

14	Time taken from the regularly assigned work schedule for non-paid activities shall follow the 15	format established above.
16

17

18

19	Policy History:

20	Adopted on:	August 28, 2007 21	Reviewed on:
22	Revised on:

1	Hardin Public Schools	R 2

3	ADMINISTRATION	6210 4

5	Principals 6

7	Principals are the chief administrators of their assigned schools and are responsible for the day-8	to-day operation of their building. The primary responsibility of Principals is the development 9	and improvement of instruction. The majority of the Principals’ time shall be spent on
10	curriculum and staff development through formal and informal activities, establishing clear lines 11	of communication regarding the school rules, accomplishments, practices, and policies with
12	parents and teachers. Principals are responsible for management of their staff, maintenance of 13	the facility and equipment, administration of the educational program, control of the students 14	attending the school, management of the school’s budget, and communication between the
15	school and the community. Principals will be evaluated in accordance with ARM 16	10.55.701(4)(a)(b).
17

18

19

20	Legal Reference: 21
22

23

§ 20-4-403, MCA 10.55.701, ARM 10.55.703, ARM

Powers and duties of principal Board of Trustees
Licensure and Duties of School Principal

24	Policy History: 25	Adopted on:
26	Reviewed on:

27	Revised on:	August 28, 2007, 4/8/14

1	Hardin Public Schools	R 2

3	ADMINISTRATION	6410 4

5	Evaluation of Administrative Staff 6

7	Each administrator will be evaluated annually, in order to provide guidance and direction to the 8	administrator in the performance of his/her assignment. Such evaluation will be based on job
9	descriptions, accomplishment of annual goals and performance objectives, and established 10	evaluative criteria.
11

12	The Superintendent shall establish procedures for the conduct of these evaluations. Near the

13	beginning of the school year, the Superintendent shall inform the administrator of the criteria to 14	be used for evaluation purposes, including the adopted goals for the District. Such criteria shall 15	include performance statements dealing with leadership; administration and management; school 16	financing; professional preparation; effort toward improvement; interest in students, staff,
17	citizens, and programs; and staff evaluation. 18

19	Both the evaluator and the administrator involved in the evaluation will sign the written

20	evaluation report and retain a copy for their records. A person being evaluated has the right to 21	submit and attach a written statement to the evaluation within a reasonable time following the 22	evaluation conference.
23

24

25

26	Cross Reference: 27
28

6140	Duties and Qualifications of Administrative Staff Other Than Superintendent

29	Legal Reference:	10.55.701, ARM	Board of Trustees 30

31	Policy History: 32	Adopted on:
33	Reviewed on:

34	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	ADMINISTRATION	6420 4

5	Professional Growth and Development 6

7	The Board recognizes that training and study for administrators contribute to skill development 8	necessary to better serve the District’s needs. Each year the Superintendent should develop an 9	administrative in-service program based on the needs of the District, as well as the needs of
10	individual administrators. 11

12	Administrative staff are encouraged to be members of and participate in professional associations 13	which have as their purposes the upgrading of school administration and the continued
14	improvement of education in general. 15

16

17

18	Legal Reference:	§ 20-1-304, MCA	Pupil-instruction-related day 19

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

HARDIN PUBLIC SCHOOLS R = required
7000 SERIES FINANCIAL MANAGEMENT

TABLE OF CONTENTS

7000	Goals 7008	Tuition
7110	Budget and Program Planning 7121	Budget Adjustments
7210	Revenues
7231	Federal Impact Funds
7250	Rental or Lease of District Property
7251	Disposal of School District Property Without a Vote 7260	Endowments, Gifts, and Investments
7310	Budget Implementation and Execution 7320	Purchasing
7326	Documentation and Approval of Claims 7335	Personal Reimbursements
7336	Travel Allowances and Expenses 7400	Credit Card Use
7405	Procurement Cards
7410	Fund Accounting System
7425	Extra- and Co-Curricular Funds 7430	Financial Reporting and Audits 7500	Property Records
7510	Capitalization Policy for Fixed Assets 7515	GASB 54
7520	Independent Investment Accounts 7530	Procurement of Supplies or Services 7540	Bond Compliance Policy

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7000 4

5	Goals 6

7	Because educational programs are dependent on adequate funding and the proper management of 8	those funds, District goals can best be attained through efficient fiscal management. As trustee
9	of local, state, and federal funds allocated for use in public education, the Board shall fulfill its 10	responsibility to see that funds are used to achieve the intended purposes.
11

12	Because of resource limitations, fiscal concerns often overshadow the educational program.

13	Recognizing this, the District must take specific action to ensure that education remains primary. 14	This concept shall be incorporated into Board operations and into all aspects of District
15	management and operation. 16

17	The Board seeks to achieve the following goals in the District’s fiscal management: 18

19	1.	Engage in advance planning, with staff and community involvement, to develop budgets 20                       which will achieve the greatest educational returns in relation to dollars expended.
21

22	2.	Establish levels of funding which shall provide superior education for District students. 23

24	3.	Provide timely and appropriate information to staff who have fiscal responsibilities. 25

26	4.	Establish efficient procedures in all areas of fiscal management. 27

28

29

30	Legal Reference:	Title 20, Chapter 9, MCA	Finance 31

32	Policy History: 33	Adopted on:
34	Reviewed on:

35	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7008 4

5	Tuition 6

7	Whenever a nonresident student is to be enrolled in the District, either by choice or by

8	placement, an attendance agreement must be filed with the Board. Terms of the agreement must 9	include tuition rate, the party responsible for paying tuition and the schedule of payment,
10	transportation charges, if any, and the party responsible for paying transportation costs. 11

12	Tuition rates shall be determined annually, consistent with Montana law and approved by the 13	Board.
14

15

16

17	Legal Reference: 18
19 20 21 22 23 24 25
26

§ 20-5-314, MCA

§ 20-5-320, MCA § 20-5-321, MCA

§ 20-5-322, MCA

§ 20-5-323, MCA 10.10.301, ARM

Reciprocal attendance agreement with adjoining state or province
Attendance with discretionary approval Attendance with mandatory approval – tuition and transportation
Residency determination – notification – appeal for attendance agreement
Tuition and transportation rates Calculating Tuition Rates

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7110 4

5	Budget and Program Planning 6

7	The annual budget is evidence of the Board’s commitment to the objectives of the instruction

8	programs. The budget supports immediate and long-range goals and established priorities within 9	all areas – instructional, noninstructional, and administrative programs.
10

11	Before presentation of a proposed budget for adoption, the Superintendent and business manager 12	will prepare, for the Board’s consideration, recommendations (with supporting documentation) 13	designed to meet the needs of students, within the limits of anticipated revenues.
14

15	Program planning and budget development will provide for staff participation and the sharing of 16	information with patrons before any action by the Board.
17

18

19

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7121 4

5	Budget Adjustments 6

7	When any budgeted fund line item is in excess of the amount required, the Board may transfer 8	any of the excess appropriation to another line item(s) within the same fund.
9

10	The Board authorizes the administration to transfer line items within the same budgeted fund to 11	adjust line item overdrafts or to meet special line item needs. Line item budget transfers to
12	adjust line item overdrafts are at the discretion of the administrators. 13

14	Total budget expenditures for each fund as adopted in the final budget shall constitute the 15	appropriations of the District for the ensuing fiscal year. The Board will be limited in the 16	incurring of expenditures to the total of such appropriations.
17

18	With timely notice of a public meeting, trustees, by majority vote of those present, may declare 19	by resolution that a budget amendment (in addition to the final budget) is necessary. Budget
20	amendments are authorized for specified reasons by § 20-9-161, MCA. The resolution will state 21	the facts of the budget amendment, the estimated amount of funds needed, and the time and place 22	the Board will meet for the purpose of considering and adopting a budget amendment.
23

24	The meeting to adopt a budget amendment will be open and will provide opportunity for any 25	taxpayer to appear and be heard. Budget procedures will be consistent with statutory
26	requirements. When applicable, the District will apply for state financial aid to supplement the 27	amount to be collected from local taxes.
28

29	Legal Reference: 30
31 32 33 34 35 36 37 38 39 40 41
42

§ 20-9-133, MCA

§ 20-9-161, MCA

§ 20-9-162, MCA § 20-9-163, MCA

§ 20-9-164, MCA § 20-9-165, MCA

§ 20-9-166, MCA § 20-9-208, MCA

Adoption and expenditure limitations of final budget
Definition of budget amendment for budgeting purposes
Authorization for budget amendment adoption Resolution for budget amendment – petition to superintendent of public instruction
Notice of budget amendment resolution Budget amendment limitation, preparation, and adoption procedures
State financial aid for budget amendments Transfers among appropriation items of fund – transfers from fund to fund

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7210 4

5	Revenues 6

7	The District will seek and utilize all available sources of revenue for financing its educational 8	programs, including revenues from non-tax, local, state, and federal sources. The District will 9	properly credit all revenues received to appropriate funds and accounts as specified by federal
10	and state statutes and accounting and reporting regulations for Montana school districts. 11

12	The District will collect and deposit all direct receipts of revenues as necessary but at least once 13	monthly. The District will make an effort to collect all revenues due from all sources, including 14	but not limited to rental fees, bus fees, fines, tuition fees, other fees and charges. Uncollectible 15	checks may be turned over to the county attorney for collection.
16

17

18

19	Legal Reference: 20
21 22
23

Title 20, Chapter 9, MCA Title 10, Chapter 10, ARM

Finance
GASB, Codification of Governmental Accounting and Financial Reporting Standards

24	Policy History: 25	Adopted on:
26	Reviewed on:

27	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT 4

5	Federal Impact Funds

6

7231 page 1 of 2

7	It is the intent of the District that all American Indian children of school age have equal access to 8	all programs, services, and activities offered in the District.
9

10	It is also the intent of the District to fully comply with the requirements of Title VIII (Impact Aid 11	Program) of the Elementary and Secondary Education Act and regulations relating thereto. To 12	that end, the District shall:
13

14	1.	Provide tribal officials and parents of Indian children an opportunity to comment on the 15                       participation of Indian children on an equal basis in all programs and activities offered by 16                       the District;
17

18	2.	Annually assess the extent to which Indian students are participating on an equal basis in 19                       the educational programs and activities of the District;
20

21	3.	If and when necessary, modify its educational programs to ensure that Indian children 22                       participate on an equal basis with non-Indian children served by the District;
23

24	4.	Disseminate annually the following materials to tribal officials and Indian parents: 25

26		Title VIII application;

27		Evaluation of programs assisted with Title VIII funds;

28		Program plans and information related to the education programs of the District.

29

30	Such materials will be provided to tribal officials and parents of Indian children in

31	sufficient time to allow tribal officials and parents of Indian children an opportunity to 32	review the materials and make recommendations on the needs of Indian children and 33	provide input on how the District might help those children realize the benefits of the 34	District’s educational programs and activities.
35

36	5.	Solicit information from tribal officials and parents of Indian children on Indian views, 37                       including information on the frequency, location, and time of meetings;
38

39	6.	Notify tribal officials and parents of Indian children of the locations and times of 40                       meetings;
41

42	7.	Consult and involve tribal officials and parents of Indian children in the planning and 43                       development of the District’s educational programs and activities;
44

45	8.	Modify its Indian policies and procedures, if and when necessary, based upon the results 46                       of the assessments referenced below.

1 2
3

4	Assessments

5

7231 page 2 of 2

6	Tribal officials and parents of Indian children are encouraged to assess the effectiveness of their 7	input regarding the participation of Indian children in the District’s educational programs and
8	activities and the development and implementation of the District’s Indian policies and 9	procedures and share the results of such assessment with the District.
10

11

12

13	Legal Reference: 14
15 16 17 18
19

20 U.S.C.S. 7701, et seq.

34 CFR 222.94

The Impact Aid Program Statute (Title VIII of the Elementary and Secondary Education Act of 1965)
What provisions must be included in a local educational agency’s Indian policies and procedures?

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7250 4

5	Rental or Lease of District Property 6

7	When real property of the District is not needed, the Board has the authority to rent or lease any 8	surplus real property. Such property shall be rented or leased for lawful purposes. The rental or 9	lease shall be in the best interests of the District and shall not interfere with the conduct of the
10	District’s educational program and related activities. Proceeds from rental or lease of District 11	property, which are in excess of the operational costs incurred for such rental or lease, shall be 12	deposited in such funds as the Board considers appropriate.
13

14

15

16	Cross Reference:	4330	Use of School Facilities 17

18	Legal Reference: 19
20

21

§ 20-6-607, MCA

§ 82-10-200, MCA

Leasing district property and disposition of any rentals
Lease of local government land

22	Policy History: 23	Adopted on:
24	Reviewed on:

25	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7251 4

5	Disposal of School District Property Without a Vote 6

7	The Board is authorized to dispose of a site, building, or any other real or personal property of 8	the District, that is or is about to become abandoned, obsolete, undesirable, or unsuitable for
9	school purposes. 10

11	To effect proper disposal, the trustees shall pass a resolution stating their decision concerning 12	property disposal. The resolution will not become effective until fourteen (14) days after the 13	resolution is published in a newspaper of general circulation in the District.
14

15	Should any taxpayer properly protest the resolution during the fourteen (14) days after the date 16	of publication, the trustees shall submit testimony to the court with jurisdiction.
17

18	Once the resolution is effective, or if appealed the decision has been upheld by the court, the 19	trustees shall sell or dispose of the real or personal property in a reasonable manner determined
20	to be in the best interests of the District. Proceeds from the sale of fixed assets can be deposited 21	to the general, debt service, building, or any other appropriate fund.
22

23

24

25	Legal Reference: 26
27

§ 20-6-604, MCA	Sale of property when resolution passed after hearing – appeal procedure

28	Policy History: 29	Adopted on:
30	Reviewed on:

31	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7260 4

5	Endowments, Gifts, and Investments 6

7	The Board may accept gifts, endowments, legacies, and devises subject to the lawful conditions 8	imposed by the donor. Endowments received by the District will be deposited to an endowment 9	fund as an expendable or nonexpendable trust. Neither the Board nor the Superintendent will
10	approve any gifts that are inappropriate. Unless conditions of an endowment instrument require 11	immediate disbursement, the Board will invest money deposited in the endowment fund
12	according to the provisions of the Uniform Management of Institutional Funds Act (Title 72, 13	chapter 30, MCA).
14

15	The Board authorizes the Superintendent to establish procedures for determining the suitability 16	or appropriateness of all gifts received and accepted by the District.
17

18	Once accepted, donated funds are public funds subject to state law. Donated funds may not be 19	transferred to a private entity. Benefactors may not adjust or add terms or conditions to donated 20	funds after the donation has been accepted.
21

22	The Board directs that all school funds be invested in a prudent manner so as to achieve
23	maximum economic benefit to the District. Funds not needed for current obligations may be 24	invested in investment options as set out in Montana statutes, whenever it is deemed
25	advantageous for the District to do so. 26

27	Educational Foundations may exist in the community, but are not managed, directed, or 28	approved by the Board of Trustees.

29

30	Legal Reference: 31

32 33 34
35

§ 20-6-601, MCA § 20-7-803, MCA § 20-9-212, MCA
§ 20-9-213(4), MCA § 20-9-604, MCA

Power to accept gifts Authority to accept gifts Duties of county treasurer Duties of trustees
Gifts, legacies, devises, and administration of endowment fund

36

37	Policy History: 38	Adopted on:
39	Reviewed on:
40	Revised on:	August 28, 2007, 6/12/2018

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7310 4

5	Budget Implementation and Execution 6

7	Once adopted by the Board, the operating budget shall be administered by the Superintendent’s 8	designees. All actions of the Superintendent/designees in executing programs and/or activities 9	delineated in that budget are authorized according to these provisions:
10

11	1.	Expenditure of funds for employment and assignment of staff shall meet legal 12                       requirements of the state of Montana and adopted Board policies.
13

14	2.	Funds held for contingencies may not be expended without Board approval. 15

16	3.	A listing of warrants describing goods and/or services for which payment has been made 17                       must be presented for Board ratification each month.
18

19	4.	Purchases will be made according to the legal requirements of the state of Montana and 20                       adopted Board policy.
21

22

23

24	Legal Reference: 25
26

§ 20-3-332, MCA § 20-9-213, MCA

Personal immunity and liability of trustees Duties of trustees

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT 4

5	Purchasing 6

7	Authorization and Control

7320 page 1 of 2

8

9	The Superintendent is authorized to direct expenditures and purchases within limits of the
10	detailed annual budget for the school year. The Board must approve purchase of capital outlay 11	items, when the aggregate total of a requisition exceeds $25,000, except the Superintendent shall 12	have the authority to make capital outlay purchases without advance approval when necessary to 13	protect the interests of the District or the health and safety of staff or students. The
14	Superintendent will establish requisition and purchase order procedures to control and maintain 15	proper accounting of expenditure of funds. Staff who obligate the District without proper
16	authorization may be held personally responsible for payment of such obligations. 17

18	Bids and Contracts 19

20	Whenever it is in the interest of the District, the District will execute a contract for any building 21	furnishing, repairing, purchasing or other work for the benefit of the District. If the sum of the 22	contract or work exceeds Eighty Thousand Dollars ($80,000), the District will call for formal 23	bids by issuing public notice as specified in statute. Specifications will be prepared and made 24	available to all vendors interested in submitting a bid. The contract shall be awarded to the
25	lowest responsible bidder, except that the trustees may reject any or all bids as per § 18-4-307, 26	MCA as stated below in the legal reference. The Board, in making a determination as to which 27	vendor is the lowest responsible bidder, will take into consideration not only the amount of each 28	bid, but will also consider the skill, ability, and integrity of a vendor to do faithful, conscientious 29	work and to promptly fulfill the contract according to its letter and spirit. Bidding requirements 30	do not apply to a registered professional engineer, surveyor, real estate appraiser, or registered 31	architect; a physician, dentist, pharmacist, or other medical, dental, or health care provider; an 32	attorney; a consulting actuary; a private investigator licensed by any jurisdiction; a claims
33	adjuster; or an accountant licensed under Title 37, Chapter 50. 34

35	Advertisement for bid must be made once each week for two (2) consecutive weeks, and a 36	second (2nd) publication must be made not less than five (5) nor more than twelve (12) days 37	before consideration of bids.

38

39	The Superintendent will establish bidding and contract-awarding procedures. Bid procedures 40	will be waived only as specified in statute. Any contract required to be let for bid shall contain 41	language to the following effect:
42

43	In making a determination as to which vendor is the lowest responsible bidder, if 44	any, the District will take into consideration not only the pecuniary ability of a 45	vendor to perform the contract, but will also consider the skill, ability, and
46	integrity of a vendor to do faithful, conscientious work and promptly fulfill the

1	7320 2                                                                                                                                                                             page 2 of 2 3
4	contract according to its letter and spirit. References must be provided and will 5	be contacted. The District further reserves the right to contact others with whom 6	a vendor has conducted business, in addition to those listed as references, in
7	determining whether a vendor is the lowest responsible bidder. Additional
8	information and/or inquiries into a vendor’s skill, ability, and integrity are set 9	forth in the bid specifications.
10

11	Cooperative Purchasing 12

13	The District may enter into cooperative purchasing contracts with one or more districts for
14	procurement of supplies or services. A district participating in a cooperative purchasing group 15	may purchase supplies and services through the group without complying with the provisions of 16	20-9-204(3), MCA if the cooperative purchasing group has a publicly available master list of
17	items available with pricing included and provides an opportunity at least twice yearly for any 18	vendor, including a Montana vendor, to compete, based on a lowest responsible bidder standard, 19	for inclusion of the vendor's supplies and services on the cooperative purchasing group's master 20	list.

21

22	Legal Reference: 23

24 25 26 27 28
29

§ 18-1-101, et seq., MCA	Preferences and General Matters § 18-1-201, et seq., MCA	Bid Security
§ 18-4-307, MCA	Cancellation of invitations for bids or requests for proposals
§ 20-9-204, MCA	Conflicts of interests, letting contracts, and calling for bids - exceptions
§ 20-10-110, MCA	School Bus Purchases – contracts- bids Debcon v. City of Glasgow, 305 Mont. 391 (2001)

30

31	Policy History: 32	Adopted on:
33	Reviewed on:
34	Revised on:	August 28, 2007, July 12, 2011, June 25, 2013, 6/12/2018

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7326 4

5	Documentation and Approval of Claims 6

7	All financial obligations and disbursements must be documented in compliance with statutory

8	provisions and audit guidelines. Documentation will specifically describe acquired goods and/or 9	services, budget appropriations applicable to payment, and required approvals. All purchases,
10	encumbrances and obligations, and disbursements must be approved by the administrator 11	designated with authority, responsibility, and control over budget appropriations. The
12	responsibility for approving these documents cannot be delegated. 13

14	The District business office is responsible for developing procedures and forms to be used in the 15	requisition, purchase, and payment of claims.
16

17

18

19	Policy History: 20	Adopted on:
21	Reviewed on:

22	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7330 4

5	Payroll Procedures/Schedules 6

7        The District will establish one (1) or more days in each month as fixed paydays for payment of 8        wages in accord with the current collective bargaining agreement or District practice. 9        Employees may choose to have their salaries paid in full upon the last pay date following 10        completion of their assignments or may annualize their pay. Employees who choose to receive 11        payment of wages beyond the period in which the wages were earned (deferred payment) will be
12	subject to Internal Revenue Service (IRS) penalties unless they provide a written election of such 13	deferral prior to (the first duty day) (July 1)1 of the year of deferral. Forms for such deferral shall 14	be made available. Any change to the election must be made prior to the first duty day of the 15	fiscal year of the deferment.

16	When a District employee quits, is laid off, or is discharged, wages owed will be paid on the next 17	regular pay day for the pay period in which the employee left employment or within fifteen (15) 18	days, whichever occurs first.
19

20

21	Cross Reference:	BP 5500	Payment of Wages upon Termination 22

23	Legal Reference:	Section 409A, Internal Revenue Code, Deferred Compensation 24

25

26	Policy History:

27	Adopted on:	February 26, 2008 28	Reviewed on:
29	Revised on:

1—District must choose between the first duty day of the deferral year or July 1 of the deferral year.

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7335 4

5	Personal Reimbursements 6

7	While it is recommended that all purchases of goods or services be made within established

8        purchasing procedures, there may be an occasional need for an employee to make a purchase for 9        the benefit of the District from personal funds. In that event, an employee will be reimbursed for
10	a personal purchase under the following criteria: 11

12	1.	It is clearly demonstrated that the purchase is of benefit to the District; 13

14	2.	The purchase was made with the prior approval of an authorized administrator; 15

16	3.	The item purchased was not available from District resources; and 17

18	4.	The claim for personal reimbursement is properly accounted for and documented with an 19                       invoice or receipt.
20

21	The District business office is responsible for developing procedures and forms to be used in 22	processing claims for personal reimbursements.
23

24

25

26	Policy History:

27	Adopted on:	August 28, 2007 28	Reviewed on:
29	Revised on:

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7336 4

5	Travel Allowances and Expenses 6

7	The District will reimburse employees and trustees for travel expenses while traveling outside 8	the District and engaged in official District business. District employees who are not exempted 9	by another policy will be reimbursed according to the current state levels pursuant to Montana
10	law. All travel expenses must be reported on the established travel expense and voucher forms 11	and approved by the employee’s supervisor and the Superintendent.
12

13	The District business office is responsible for development of procedures and forms to be used in 14	connection with travel expense claims and reimbursements.
15

16

17

18	Legal Reference: 19
20 21
22

§ 2-18-501, MCA

§ 2-18-502, MCA § 2-18-503, MCA

Meals, lodging, and transportation of persons in state service
Computation of meal allowance Mileage – allowance

23	Policy History:

24	Adopted on:	August 28, 2007 25	Reviewed on:
26	Revised on:

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7400 4

5	Credit Card Use 6

7	The Board of Trustees permits the use of District credit cards by certain school officials and

8	Board members to pay for actual and necessary expenses incurred in the performance of work-9	related duties for the District. A list of those individuals that will be issued a District credit card
10	will be maintained in the business office and reported to the Board each year at a meeting in 11	January. All credit cards will be pre-approved by the Board and will be in the name of the 12	District.
13

14	Credit cards may only be used for legitimate District business expenditures. The use of credit 15	cards is not intended to circumvent the District’s policy on purchasing.
16

17	Users must take proper care of District credit cards and take all reasonable precautions against 18	damage, loss, or theft. Any damage, loss, or theft must immediately be reported to the business 19	office and to the appropriate financial institution. Failure to take proper care of credit cards or 20	failure to report damage, loss, or theft may subject the employee to financial liability.
21

22	Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature, or 23	violate the intent of this policy may result in credit card revocation and discipline of the
24	employee. 25

26	Users must submit detailed documentation, including itemized receipts for commodities, 27	services, travel, and/or other actual and necessary expenses which have been incurred in 28	connection with school-related business for which the credit card has been used.
29

30	The Superintendent shall establish regulations governing the issuance and use of credit cards. 31	Each cardholder shall be apprised of the procedures governing the use of the credit card, and a 32	copy of this policy and accompanying regulations shall be given to each cardholder.

33

34	The Business Manager/Clerk shall monitor the use of each credit card every month and report 35	any serious problems and/or discrepancies directly to the Superintendent and the Board.
36

37	Cross Reference: 38
39

40

7320	Purchasing
7335	Personal Reimbursement
7336	Travel Allowances and Expenses

41	Legal Reference:	§2-7-503, MCA	Financial reports and audits of local government 42

43	Policy History:

44	Adopted on:	August 28, 2007 45	Reviewed on:
46	Revised on:

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7405 4

5	Procurement Card Use 6

7	The Board of Trustees permits the use of procurement cards for actual and necessary expenses
8	incurred in the performance of work-related duties for the District. A list of those individuals that 9	will be issued a District procurement card will be maintained in the business office and reported
10	to the Board each year at its meeting in October. 11

12	Procurement cards may only be used for legitimate District business expenditures. The use of 13	procurement cards is not intended to circumvent the District’s policy on purchasing.
14

15	Users must take proper care of District credit cards and take all reasonable precautions against 16	damage, loss, or theft. Any damage, loss, or theft must immediately be reported to the business 17	office and to the appropriate financial institution. Failure to take proper care of credit cards or 18	failure to report damage, loss, or theft may subject the employee to financial liability.
19

20	Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature, or 21	violate the intent of this policy may result in procurement card revocation and discipline of the 22	employee.
23

24	Users must submit detailed documentation, including itemized receipts for commodities, 25	services, travel, and/or other actual and necessary expenses which have been incurred in 26	connection with school-related business for which the procurement card has been used. 27
28	The Superintendent shall establish regulations governing the issuance and use of procurement 29	cards. Each cardholder shall be apprised of the procedures governing the use of the procurement 30	card, and a copy of this policy and accompanying regulations shall be given to each cardholder. 31
32	The Business Manager and Accounts Payable Clerk shall monitor the use of each procurement 33	card every month and report any serious problems and/or discrepancies directly to the
34	Superintendent and the Board.

35

36	Cross Reference: 37

38

7320	Purchasing
7335	Personal Reimbursement
7336	Travel Allowances and Expenses

39

40	Legal Reference:	§2-7-503, MCA 41

42	Policy History:
43	Adopted on:	01/26/2016 44	Reviewed on:
45	Revised on:

Financial reports and audits of local government entities

© MTSBA 2013

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7410 4

5	Fund Accounting System 6

7	The accounts of the District are organized on the basis of funds, each of which is considered to 8	be a separate accounting entity. The operations of each fund are accounted for by providing a 9	separate set of self-balancing accounts. The accounts of the District are maintained on the
10	modified accrual basis of accounting. The following funds are maintained by the District: 11

12	High School 13	General Fund
14	Transportation Fund
15	Bus Depreciation Fund 16	Tuition Fund
17	Retirement Fund
18	Miscellaneous Federal Funds 19	Adult Education Fund
20	Sick Leave Reserve Fund 21	Impact Aid Fund
22	Technology Fund 23	Flex Fund
24	Debt Service Fund
25	Building Reserve Fund
26	Liability Insurance Reserve Fund 27	General Fixed Asset Fund
28	General Long Term Debt Fund 29	Traffic Education Fund
30	HCAC Fund
31	Student Activities Fund 32	Payroll Fund
33	Claims Fund

34 35
36

Elementary General Fund Transportation Fund
Bus Depreciation Fund Tuition Fund Retirement Fund
Miscellaneous Federal Funds Adult Education Fund
Sick Leave Reserve Fund Impact Aid Fund Technology Fund
Flex Fund
Debt Service Fund Building Reserve Fund
Liability Insurance Reserve Fund General Fixed Asset Fund General Long Term Debt Fund Food Services Fund
Lease-Rental Fund
Health Insurance Reserve Fund Endowment/Scholarship Fund Interlocal Agreement Fund

37	Legal Reference:	§ 20-9-201, MCA	Definitions and application 38

39	Policy History: 40	Adopted on:
41	Reviewed on:

42	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7425 4

5	Extra- and Co-Curricular Funds 6

7	The Board is responsible for establishment and management of student extra- and co-curricular 8	funds. The purpose of student extra- and co-curricular funds is to account for revenues and
9	disbursements of those funds raised by students through recognized student body organizations 10	and activities. The funds shall be deposited and expended by check, in a bank account
11	maintained by the District for student extra- and co-curricular funds. The use of the student

12	extra- and co-curricular funds is limited to the benefit of the students. Students will be involved 13	in the decision-making process related to use of the funds.
14

15	The Board shall follow the Student Activity Fund Accounting (published by the Montana

16	Association of School Business Officials (MASBO)) in establishing accounting procedures for 17	administration of student extra- and co-curricular funds and will appoint a fund administrator. 18
19	Specific procedures are available in the Clerk’s office. 20

21

22

23	Legal Reference: 24
25

26

§ 2-7-503, MCA

§ 20-9-504, MCA

Financial reports and audits of local government entities
Extracurricular fund for pupil functions

27	Policy History: 28	Adopted on:
29	Reviewed on:

30	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7430 4

5	Financial Reporting and Audits 6

7	The Board directs that financial reports of all District funds be prepared in compliance with 8	statutory provisions and generally accepted accounting and financial reporting standards. In 9	addition to reports required for local, state, and federal agencies, financial reports will be
10	prepared monthly and annually and presented to the Board. Financial reports shall reflect 11	financial activity and status of District funds.
12

13	Appropriate interim financial statements and reports of financial position, operating results, and 14	other pertinent information will be prepared to facilitate management and control of financial 15	operations.
16

17	The Board directs that District audits be conducted in accordance with Montana law. Each audit 18	shall be a comprehensive audit of the affairs of the District and District funds. The audits shall 19	comply with all statutory provisions and generally accepted governmental auditing standards.
20	Each audit may be made every two (2) years and cover the immediately preceding two (2) fiscal 21	years, or it may be conducted annually.
22

23

24

25	Legal Reference: 26
27

28

§§ 2-7-501, et seq., MCA § 20-9-212, MCA
§ 20-9-213, MCA

Audits of Political Subdivisions Duties of county treasurer Duties of trustees

29	Policy History: 30	Adopted on:
31	Reviewed on:

32	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7500 4

5	Property Records 6

7	Property and inventory records will be maintained for all land, buildings, and physical property 8	under District control and will be updated annually.
9

10	For purposes of this policy, “equipment” means a unit of furniture or furnishings, an instrument, 11	a machine, an apparatus or a set of articles which retains its shape and appearance with use, is 12	nonexpendable, and does not lose its identity when incorporated into a more complex unit. The 13	Superintendent will ensure inventories of equipment are systematically and accurately recorded 14	and updated annually. Property records of facilities and other fixed assets will be maintained on 15	an ongoing basis. No equipment will be removed for personal or non-school use except in
16	accordance with Board policy. 17

18	Property records will show, appropriate to the item recorded, the: 19

20	1.	Description and identification 21	2.	Manufacturer
22	3.	Date of purchase 23	4.	Initial cost
24	5.	Location

25	6.	Serial number, if available 26	7.	Model number, if available 27
28	Equipment may be identified with a permanent tag providing appropriate District and equipment 29	identification.
30

31

32

33	Cross Reference:	7510	Capitalization Policy for Fixed Assets 34

35	Legal Reference: 36
37

38

§ 20-6-602, MCA § 20-6-608, MCA

Trustees’ power over property
Authority and duty of trustees to insure district property

39	Policy History: 40	Adopted on:
41	Reviewed on:

42	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7510 4

5	Capitalization Policy for Fixed Assets 6

7	A fixed asset is a property that meets all the following requirements: 8

9	1.	Must be tangible in nature; 10

11	2.	Must have a useful life of longer than the current fiscal year; and 12

13	3.	Must be of significant value. 14

15	Fixed assets may be acquired through donation, purchase, or may be self-constructed. The asset 16	value for a donation will be the fair market value at the time of donation. The asset value for
17	purchases will be the initial cost plus the trade-in value of any old asset given up, plus all costs 18	related to placing the asset into operation. The cost of self-constructed assets will include both 19	the cost of materials used and the cost of labor involved in construction of the asset.
20

21	The following significant values will be used for different classes of assets: 22

23	Class of Fixed Asset 24

25	Equipment and machinery 26

27	Buildings - improvements 28

29	Improvements other than to buildings 30

31	Land 32

33

34

Significant Value

$5000.00 or more

$5000.00 or more

$5000.00 or more

Any amount

35	Cross Reference:	7500	Property Records 36

37	Policy History:

38	Adopted on:	August 28, 2007 39	Reviewed on:
40	Revised on:

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT 4

5

6	Fund Balances 7

8	I. PURPOSE

9

7515 Page 1 of 2

10	The fund balance policy establishes a framework for the management of all excess funds managed by 11	the Hardin School District. The policy is in accordance with GASB Statement 54; management of
12	fund balance. It also provides guidance and direction for elected and appointed officials as well as 13	staff in the use of excess funds at year-end.
14

15	II. SCOPE 16

17	This fund balance policy applies to all funds in the custody of the School District Business

18	Manager/Clerk of the Hardin School District, Hardin, Montana. These funds are accounted for in the

19	District's annual audited financial reports and include, but are not limited to, the following: 20               	General Fund

21		Special Revenue Funds 22		Capital Project Funds 23		Enterprise Funds
24		Any new funds created by the District, unless specifically exempted by the governing body; 25                       in accordance with state law or GASB pronouncements.
26

27	III. CLASSIFICATION OF FUND BALANCES 28

29	The school district shall classify its fund balances in its various funds in one or more of the following 30	five classifications: nonspendable, restricted, committed, assigned, and unassigned.
31

32	IV. DEFINITIONS 33

34	A. Fund balance---means the arithmetic difference between the assets and liabilities reported in a 35	school district fund.
36

37	B. Committed fund balance—amounts constrained to specific purposes by the District itself, 38	using its highest level of decision-making authority; to be reported as committed, amounts
39	cannot be used for any other purpose unless the District takes the same highest-level action to 40	remove or change the constraint
41

42	C. Assigned fund balance—amounts a school district intends to use for a specific purpose; intent 43	can be expressed by the District or by an official to which the Board of Trustees delegates the 44	authority
45

46	D. Nonspendable fund balance—amounts that are not in a spendable form (such as inventory) or 47	are required to be maintained intact (such as the corpus of an endowment fund)

© MTSBA 2011

1	7515 2                                                                                                                                                                                Page 2 of 2 3
4	E. Restricted fund balance—amounts constrained to specific purposes by their providers (such 5	as grantors, bondholders, and higher levels of government), through constitutional
6	provisions, or by enabling legislation 7

8	F. Unassigned fund balance—amounts that are available for any purpose; these amounts are 9	reported only in the general fund.
10

11	V. MINIMUM FUND BALANCE 12
13	The school district will strive to maintain a minimum unassigned general fund balance of 10 14	percent of the annual budget (0.83% months of operating expenses).
15

16	VI. ORDER OF RESOURCE USE 17
18	If resources from more than one fund balance classification could be spent, the school district will 19	strive to spend resources from fund balance classifications in the following order (first to last):
20	restricted, committed, assigned, and unassigned. 21
22	VII. COMMITTING FUND BALANCE 23
24	A majority vote of the school board is required to commit a fund balance to a specific purpose and 25	subsequently to remove or change any constraint so adopted by the board.
26

27	VIII. ASSIGNING FUND BALANCE 28
29	The school board, by majority vote, may assign fund balances to be used for specific purposes when 30	appropriate. The board also delegates the power to assign fund balances to the Superintendent and 31	Business Manager. Assignments so made shall be reported to the school board on a monthly basis,
32	either separately or as part of ongoing reporting by the assigning party if other than the school board. 33
34	An appropriation of an existing fund balance to eliminate a projected budgetary deficit in the

35	subsequent year’s budget in an amount no greater than the projected excess of expected expenditures 36	over expected revenues satisfies the criteria to be classified as an assignment of fund balance.
37

38	X. REVIEW 39
40	The school board will conduct, at a minimum, an annual review of the sufficiency of the minimum 41	unassigned general fund balance level.
42

43	Legal References: Statement No. 54 of the Governmental Accounting Standards Board 44

45	Policy History:

46	Adopted on:	7/12/2011 47	Reviewed on:
48	Revised on:

© MTSBA 2011

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7520 4

5	Independent Investment Accounts 6

7	The Board may establish independent investment accounts separate and apart from those funds

8	maintained by the county treasurer. The Board may transfer cash into an independent investment 9	account from any budgeted or non-budgeted funds. A separate account shall be established for
10	each fund from which transfers are made. The principal and any interest earned must be 11	reallocated to the fund from which the deposit was originally made.
12

13	The District may either: 14

15	1.	Establish and use the account as a non-spending account, returning sufficient funds to the 16                       county treasurer in time to pay all claims against the applicable fund; or
17

18	2.	Establish a subsidiary checking account and make expenditures from the investment 19                       account, provided all transactions are accounted for and reported, as required by
20	applicable accounting principles. If the District desires to establish a subsidiary checking 21	account for purposes of paying for expenditures directly from an investment account, the 22	District must enter into a written agreement with the county treasurer, in accordance with 23	§ 20-9-235, MCA.
24

25

26

27	Legal Reference:	§ 20-9-235, MCA	Authorization for school district investment account 28

29	Policy History:

30	Adopted on:	August 28, 2007 31	Reviewed on:
32	Revised on:

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7530 4

5	Procurement of Supplies or Services 6

7	The Board adopts the following provisions of the Montana Procurement Act (i.e., §§ 18-4-101, et 8	seq., MCA):
9

10	1.	§ 18-4-303, MCA – Competitive sealed bidding. With the exception of construction 11                      contracts, allows the District to negotiate an adjustment of the bid price with the lowest
12	responsible bidder in order to bring the bid within the amount of available funds, if, and 13	only if, all bids exceed available funds and the lowest responsible bid does not exceed 14	available funds by more than five percent (5%).
15

16	2.	§ 18-4-306, MCA – Sole source procurement. A contract may be awarded for a supply or 17                      service item without competition when, the District determines in writing that:
18	(a) there is only one source for the supply or service item;
19	(b) only one source is acceptable or suitable for the supply or service item; or 20	(c) the supply or service item must be compatible with current supplies or
21	services. 22

23	3.	§ 18-4-307, MCA - Cancellation of invitations for bids or requests for proposals. An
24	invitation for bids, a request for proposals, or other solicitation may be cancelled or any 25	or all bids or proposals may be rejected in whole or in part, as may be specified in the 26	solicitation, when it is in the best interests of the state. The reasons therefor must be
27	made part of the contract file. 28

29

30

31	Legal Reference: 32

33 34 35
36

§ 18-4-121, et seq., MCA § 18-4-303, MCA
§ 18-4-306, MCA § 18-4-307, MCA

2.5.604, ARM

Montana Procurement Act Competitive Sealed Bidding
Sole Source Procurement--records Cancellation of invitations for bids or requests for proposals
Sole Source Procurement

37

38	Policy History:
39	Adopted on:	August 28, 2007 40	Reviewed on:
41	Revised on:	February 23, 2010, 6/12/2018

1	Hardin Public Schools	7540 2                                                                                                                                                                             Page 1 of 8 3
4	FINANCIAL MANAGEMENT 5
6	Tax Exempt, Direct Pay Build America, Qualified Zone Academy, and Qualified School 7	Construction Bonds
8
9	 I. Purpose 10
11        To ensure (1) that interest on tax-exempt bonds of the Issuer (or “TEBs”) remains excludable 12        from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the
13	“Code”); (2) that bonds, the interest on which would otherwise be excludable from gross income 14	under Section 103 of Code, intended to be issued as Build America Bonds (Direct Payment)
15	under Section 54AA of the Code (or “BABs”) will be qualified, and will continue to be qualified, 16	as such, with the result that the Issuer shall be entitled to the credit provided in Section 6431 of 17	the Code; and (3) that bonds, the interest on which would otherwise be excludable from gross
18	income under Section 103 of Code, intended to be issued as Qualified Zone Academy Bonds 19	under Section 54E of the Code (or “QZABs”) or Qualified School Construction Bonds under 20	Section 54F of the Code (or “QSCBs”), will be qualified, and will continue to be qualified, as 21	such, with the result that either: (i) the Issuer shall be entitled to a credit, as provided in Section 22	6431 of the Code, or (ii) the purchaser of the bonds is entitled to a federal income tax credit at a 23	rate determined pursuant to Section 54A of the Code.
24
25	These written procedures are intended to memorialize certain policies and practices of the Issuer 26	previously adopted or followed by the Issuer in connection with its issuance of TEBs, BABs,
27	QZABs and QSCBs (collectively, “Bonds”). 28
29	The Issuer’s policy for compliance is as follows: 30
31	II. BAB/QZAB/QSCB Designations & Elections 32
33	A. A BAB “Bond Resolution” (which term shall hereinafter include a Bond Indenture, where 34	applicable), or a certificate of an authorized officer of the Issuer dated and executed not later
35	than the date of issue of the BABs, shall irrevocably designate the BABs as such and irrevocably 36	elect to have Section 54AA(g) of the Code apply to the BABs.
37
38	B. A QZAB Bond Resolution, or a certificate of an authorized officer of the Issuer dated and
39	executed not later than the date of issue of the QZABs, shall, within the bond limitation allocated 40	to the Issuer under Section 54E(c) of the Code, (a) irrevocably designate the QZABs as such and 41	irrevocably elect to have Section 54E of the Code apply to the QZABs, and (b) represent or find 42	that it has written assurances that the private business contribution requirement of Section 54E(b) 43	will be met, that it is an eligible local education agency, that the school facilities at which the
44	Project will be undertaken constitute a qualified zone academy, that a comprehensive education 45	plan has been designed, and, unless a project is located in a federally-designated empowerment 46

1	Page 2 of 8 2
3	zone or renewal community as of the date of enactment of the American Recovery and
4	Reinvestment Act of 2009 (the “Act”), that for the required period at least 35% of the students 5	attending the financed facilities will be eligible for free or reduced-cost lunches under the
6	National School Lunch Act. In the Bond Resolution, the Issuer shall irrevocably elect whether to 7	receive federal payments under Section 6431 of the Code, or whether the Bonds shall provide
8	individual federal income tax credits for bondholders under Section 54A of the Code. 9
10	C. A QSCB Bond Resolution, or a certificate of an authorized officer of the Issuer dated and
11	executed not later than the date of issue of the QSCBs, shall, within the bond limitation allocated 12	to the Issuer under Section 54F(d) of the Code, irrevocably designate the QSCBs as such, and
13	irrevocably elect to have Section 54F of the Code apply to the QSCBs. In the Bond Resolution, 14	the Issuer shall irrevocably elect whether to receive federal payments under Section 6431 of the 15	Code, or whether the Bonds shall provide individual federal income tax credits for bondholders 16	under Section 54A of the Code.
17
18	D. Where the federal tax credit is pledged to pay principal of and interest on BABs, QZABs or 19	QSCBs, the Issuer shall, by the Bond Resolution, covenant and agree with the registered owners 20	from time to time of the BABs/QZABs/QSCBs that it will not take or permit to be taken by any 21	of its officers, employees or agents, any action which would cause the BABs/QZABs/QSCBs to 22	lose their status as such under the Code and applicable Treasury Regulations, and shall covenant 23	to take any and all actions within the Issuer’s powers to ensure that the BABs/QZABs/QSCBs 24	will remain such under the Code and Treasury Regulations.
25
26	E. In an Official Statement for BABs/QZABs/QSCBs, as applicable, the Issuer shall state that (a) 27	interest on the BABs/QZABs/QSCBs is includible in gross income for federal income tax
28	purposes (or they are “taxable”), (b) the BABs and, in the event that federal direct payments to 29	the Issuer are elected, the QZABs/QSCBs are “direct payment,” and (c) holders of the BABs, 30	and, in the event that federal direct payments to the Issuer are elected, holders of the
31	QZABs/QSCBs, are not entitled to a tax credit as a result of ownership such bonds. 32
33	III. BABs/QZABs/QSCBs De Minimis Premium and Bond Yield Calculation 34
35	A. Each Notice/Terms of Sale distributed for BABs and, in the event that federal direct payments 36	to the Issuer are elected, for QZABs/QSCBs, shall clearly state that (i) the expected reoffering
37	price of such BABs/QZABs/QSCBs must be specified for each maturity, (ii) each such
38	reoffering price cannot exceed the par amount of the maturity by more than 0.25% multiplied by 39	the number of complete years to the earlier of the maturity date or the first optional redemption 40	date for the maturity of such BABs/QZABs/QSCBs, and (iii) in the initial offering, no such
41	BABs/QZABs/QSCBs may be sold for a price in excess of such limit unless the Internal 42	Revenue Service provides authoritative guidance to the contrary.
43
44	B. Each Notice/Terms of Sale distributed for BABs and, in the event that federal direct payments 45	to the Issuer are elected, for QZABs/QSCBs, shall include a table listing the maximum permitted 46	reoffering price for each maturity of such BABs/QZABs/QSCBs.

1	Page 3 of 8 2
3	C. Prior to acceptance of a proposal for the purchase of BABs and, in the event that federal direct 4	payments to the Issuer are elected, of QZABs/QSCBs, the Business Manager shall
5	be responsible for computations to verify that the expected reoffering price, as certified by the
6	purchaser, does not exceed the par amount of the maturity by more than 0.25% multiplied by the 7	number of complete years to the earlier of the maturity date or the first optional redemption date 8	for the maturity of such BABs/QZABs/QSCBs, which computation shall be confirmed by the
9	Issuer’s financial advisor. 10
11	D. The Certificate of Purchaser shall include certifications that: (a) the Bonds of each maturity 12	were initially reoffered to the public at the prices shown therein or in the final Official Statement 13	and (b) as of the date of sale of the Bonds, the purchaser reasonably expected that at least 10% of 14	each maturity of the Bonds would be sold to members of the public (other than
15	bond houses and brokers, or similar persons or organizations acting in the capacity of 16	underwriters or wholesalers) at said public offering prices.
17
18	E. The Certificate of Purchaser shall provide a certification that, as of the date of issue of the
19	Bonds, the purchaser has actually sold at least 10% of each maturity of the Bonds to members of 20	the public at the public offering prices expected as of the date of sale; provided, however, that if 21	the purchaser cannot provide this certification, the Issuer’s financial advisor or bond counsel
22	shall inquire as to the circumstances preventing sales at such prices and, for negotiated sales, the 23	purchaser may be required to put an explanation in writing.
24
25	F. The Issuer’s Tax Certificate for BABs/QZABs/QSCBs shall certify that the “issue price” of 26	the BABs/QZABs/QSCBs is the initial reoffering price of the BABs/QZABs/QSCBs to the
27	public, and as shown in the Certificate of Purchaser, the issue price of the BABs and, in the event 28	that federal direct payments to the Issuer are elected, of the QZABs/QSCBs, does not include
29	more than a de minimis amount of premium. 30
31	G. The Business Manager shall take reasonable steps as necessary to enable records of secondary 32	market trading activity for Issuer Bonds to be available through the Municipal Securities
33	Rulemaking Board’s Electronic Municipal Market Access System (“EMMA”). 34
35	H. The Business Manager or the Issuer’s financial advisor shall review records available through 36	EMMA (or through other readily accessible and available sources) of the secondary market
37	trading activity for Bonds between the sale date and the date of issue of the Bonds to determine if 38	there is reason to question the reasonableness of the expectations of the purchaser as of the date 39	of sale of the Bonds.
40
41	I. Financial advisors shall be advised that the yield on BABs and, in the event that federal direct 42	payments to the Issuer are elected, on QZABs/QSCBs, is to be computed in accordance with
43	Section 148 of the Code and reduced as required by Section 6431(c) of the Code to reflect the 44	federal credit allowed to the Issuer.
45	Page 4 of 8 46

1	J. Financial advisors shall certify to the Issuer that the offer accepted by the Issuer for the
2	purchase of Bonds is a reasonable offer under customary standards applicable in the municipal 3	bond market for similar bonds and that, based upon their review of publicly available
4	information relating to secondary market trades of the Bonds between the date of sale and the 5	date of pre-closing and their knowledge of the conditions generally prevailing in the municipal 6	bond market between such dates, nothing has come to their attention that would lead them to
7	question the representations of the purchaser contained in the Certificate of Purchaser. 8
9	IV. Expenditure/Use of Bond Proceeds 10
11	A. Expenditure of Bond proceeds will be reviewed by the Superintendent. 12
13	B. All requisitions of Bond proceeds shall be submitted to the Business Manager and such
14	requisitions must identify the financed property in conformity with the Issuer’s Tax Certificate 15	executed at closing of the Bonds, including certifications as to the character and average
16	economic life of the Bond-financed property. 17
18	C. None of the proceeds of the Bonds will be used to reimburse the Issuer for costs of a capital 19	project paid prior to the date of issuance of the BABs unless the Issuer shall have fully complied 20	with the provisions of Section 1.150-2 of the Treasury Regulations, and for
21	BABs/QZABs/QSCBs, the Act, with respect to such reimbursed amounts. 22
23	D. “Available Project Proceeds” for a BABs/QZABs/QSCBs issue shall be calculated as (a) the 24	excess of the proceeds from the sale of the issue, over the issuance costs financed by the issue (to 25	the extent that such costs do not exceed 2 percent of such proceeds), and (b) the proceeds from 26	any investment of the excess described in (a).
27
28	E. The amount of sale proceeds applied to finance issuance costs of the BABs/QZABs/QSCBs 29	shall not in any case exceed 2% of the sale proceeds of the BABs/QZABs/QSCBs.
30
31	F. 100% of the Available Project Proceeds for a BAB issue, less an amount in a reasonably
32	required reserve fund (within the meaning of Section 150(a)(3) of the Code) with respect to such 33	issue, will be used for capital expenditures. No portion of any proceeds will be used for working 34	capital.
35
36	G. 100% of the Available Project Proceeds for a QSCB issue will be used for the construction, 37	rehabilitation, or repair of a public school facility or for the acquisition of land on which such a 38	facility is to be constructed with part of the proceeds of such issue.
39
40	H. 100% of the Available Project Proceeds for a QZAB will be used for rehabilitating or 41	repairing the public school facility in which the academy is established. No portion of any 42	proceeds will be used for new construction or land acquisition.
43 44
45	Page 5 of 8 46

1	I. The Issuer shall acknowledge in its Tax Certificate that a failure to use proceeds of the
2	BABs/QZABs/QSCBs for purposes specified in such certificate may result in the retroactive loss 3	of the federal tax credit that the Issuer or bondholder, as applicable, otherwise would be entitled 4	to receive.
5
6	J. Requisitions will be summarized in a “final allocation” of Bond proceeds to uses not later than 7	18 months after the in-service date of the Bond-financed property (and in any event not later than 8	5 years and 60 days after the issuance of the Bonds or not later than 60 days after earlier
9	retirement of issue) in a manner consistent with allocations made to determine compliance with 10	arbitrage yield restriction and rebate requirements.
11
12	K. Expenditure of proceeds of the TEBs will be measured against the Issuer’s Tax Certificate 13	expectation to spend or commit 5% of net sale proceeds within 6 months, to spend 85% of net 14	sale proceeds within 3 years, and to proceed with due diligence to complete the capital project
15	and fully spend the net sale and investment proceeds. In the case of QZABs/QSCBs, 100% of the 16	Available Project Proceeds must be spent within three years from the date of issuance and the
17	Issuer must also enter into a binding commitment with a third party to spend at least 10% of the 18	available project proceeds within six months of the date of issuance.
19
20	L. If there are any TEB proceeds remaining in the Construction Account established pursuant to 21	the Bond Resolution after completion of the project, such proceeds shall be transferred to the
22	Debt Service Account securing the TEBs. 23
24	M. If there are any BAB/QZAB/QSCB proceeds remaining in the Construction Account
25	established pursuant to the Bond Resolution after completion of the project that has not been 26	applied to capital expenditures, the Superintendent shall consult with bond counsel.
27
28	N. The Issuer’s Tax Certificate for BABs and, in the event that federal direct payments to the 29	Issuer are elected, for QZABs/QSCBs shall provide, and the Business Manager shall ensure, if 30	the credit is deposited in the Debt Service Account created by the Bond Resolution, that such 31	BABs/QZABs/QSCBs proceeds deposited in the Debt Service Account shall be applied to the 32	payment of the portion of the interest due on such BABs/QZABs/QSCBs that is not paid by the 33	IRS on the first interest payment date.
34
35	V. Use of Bond-Financed Property 36
37	A. Use of Bond-financed property when completed and placed in service will be reviewed by the 38	Business Manager. Appropriate department/facility managers shall be advised in writing
39	concerning restrictions on the use of the proceeds and the facilities financed thereby and
40	instructed to consult with bond counsel regarding any third-party contract concerning use of the 41	facilities, including without limitation leases, use, management or service contracts, and research 42	contracts.
43 44
45	Page 6 of 8 46

1	B. Upon issuance of Bonds, there shall be no expectation that the Bond-financed property will be 2	sold or otherwise disposed of by the Issuer during the term of the Bonds.
3
4	C. Agreements with business users for lease, use, management, or any other service with respect 5	to, or non-governmental use of, Bond-financed property will be reviewed prior to execution for 6	compliance with the Code. Such agreement will be approved by bond counsel, who will be
7	responsible for determining whether the proposed agreement (1) results in private business use of 8	the facilities, and (2) if applicable, meets the compensation, term and other requirements under
9	Revenue Procedures 97-13 and 2007-47; all upon advice of bond counsel, as necessary. 10
11	D. No item of Bond-financed property will be sold or transferred by the Issuer without approval 12	of the Superintendent upon advice of bond counsel or advance arrangement of a “remedial
13	action” under the applicable Treasury Regulations. 14
15	VI. Investments 16
17	A. Investment of Bond proceeds in compliance with the arbitrage and rebate requirements of the 18	Code and applicable Treasury Regulations will be supervised by the Business Manager.
19
20	B. At closing, the Issuer will consult with the purchaser or financial advisor to the Issuer as to an 21	estimate of the reasonably expected investment earnings on the sale proceeds of the
22	BABs/QZABs/QSCBs, and such estimate shall be included in the Issuer’s Tax Certificate. 23
24	C. Investment of the gross proceeds of BABs/QZABs/QSCBs s prior to expenditure thereof and 25	of moneys from time to time on hand in a sinking fund for the payment of BABs/QZABs/QSCBs 26	will be made only as permitted by the Bond Resolution and Tax Certificate (and, if applicable, a 27	custodial agreement for the sinking fund for the payment of QZABs/QSCBs), and all
28	investments will be purchased only at fair market value, as determined under applicable Treasury 29	Regulations. Deposits to the sinking fund for the payment of QZABs/QSCBs in each year will be 30	reviewed by the Business Manager to assure that the funding of the sinking fund complies with 31	the requirements of the Bond Resolution, Tax Certificate and any custodial agreement.
32
33	D. Guaranteed investment contracts (“GICs”) will be purchased only according to the fair market 34	value provisions of applicable Treasury Regulations, including bid requirements and fee
35	limitations. Certificates of deposit (“CDs”) will be purchased only according to the fair market 36	value provisions of applicable Treasury Regulations.
37
38	E. Calculations of rebate liability will be performed by outside consultants and reviewed by the 39	Business Manager of the Issuer. Such calculations shall be made annually on or before the
40	anniversary of the date of issue of the Bonds and prior to each 5 year anniversary of the date of 41	issue of the Bonds.
42
43	F. Upon final expenditure of the gross proceeds of Bonds, and in any event promptly following 44	the fifth anniversary of the date of issuance of the Bonds or earlier retirement of the
45	Page 7 of 8 46

1	Bonds, the Business Manager will consult a qualified professional to prepare a spending 2	exception report or an arbitrage rebate computation (as applicable) for the issue of Bonds. 3
4	G. Rebate payments, as required based upon the advice of a qualified professional, will be made 5	with Form 8038-T no later than 60 days after (a) each fifth anniversary of the date of issuance of 6	the Bonds and (b) the final retirement of the Bond issue.
7
8	VII. Requests for Credit for BABs/QZABs/QSCBs 9
10	A. Requests for the refundable credit for BABs/QZABs/QSCBs, including the calculation of the 11	credit payable and timely filing of requests for payment pursuant to Form 8038-CP and in
12	accordance with the closing letter of bond counsel, shall be the responsibility of the Business 13	Manager, who shall verify eligibility for the credit.
14
15	B. For fixed rate BABs/QZABs/QSCBs, interest payments calculated by the purchaser shall be 16	verified by the Business Manager or the Issuer’s financial advisor.
17
18	C. For variable rate BABs/QZABs/QSCBs, interest payments shall be as calculated pursuant to 19	the Bond Resolution and shall be verified by the Business Manager or the Issuer’s financial
20	advisor. 21
22	D. For QZABs/QSCBs where the Issuer elects to forego direct pay federal credit and instead 23	provide bondholders with an individual federal income tax credit, the Issuer is not entitled to a 24	refundable credit.
25
26	E. Payment of the credit shall be directed to the Issuer or to such other party as provided in the 27	Bond Resolution.
28
29	VIII. Record Management and Retention 30
31	A. Management and retention of records related to Bond issues will be supervised by the 32	Business Manager.
33
34	B. Records for Bonds will be retained for the life of the Bonds, plus any refunding bonds, plus 35	three years. Such records may be in the form of documents or electronic copies of documents, 36	appropriately indexed to specific Bond issues and compliance functions.
37
38	C. Retainable records pertaining to Bond issuance shall include a transcript of documents
39	executed in connection with the issuance of the Bonds and any amendments; copies of requests 40	for refundable credits for BABs/QZABs/QSCBs; and copies of rebate calculations and records of 41	payments, including Forms 8038-T.
42
43	D. Retainable records pertaining to expenditures of Bond proceeds include requisitions; trustee 44	statements, if applicable; and final allocation of proceeds.
45	Page 8 of 8 46

1	E. Retainable records pertaining to use of Bond-financed property include all third-party
2	contracts concerning use of the facilities, including (without limitation) leases, use, management 3	or service contracts, and research contracts.
4
5	F. Retainable records pertaining to investments include GIC documents under the Treasury 6	Regulations, records of purchase and sale of other investments, and records of investment
7	activity sufficient to permit calculation of arbitrage rebate or demonstration that no rebate is due. 8
9	IX. Overall Responsibility 10
11	A. Overall administration and coordination of this policy and the procedures set forth herein are 12	the responsibility of the Superintendent.
13
14	B. Review of compliance with this policy and the procedures set forth herein shall be undertaken 15	periodically, and in any event, not less than annually.
16
17	C. The Issuer understands that failure to comply with these policies and procedures could result 18	in the retroactive loss of (1) the exclusion of interest on TEBs from federal gross income, and (2) 19	the federal tax credit with respect to BABs and, in the event that federal direct payments to the 20	Issuer are elected, to QZABs/QSCBs, and (3) the loss of the individual federal tax credit for
21	bondholders for QZABs/QSCBs where such individual income tax credit was elected; and, thus, 22	it would be advisable to consult with bond counsel in advance regarding deviations from the
23	facts and expectations as set forth in the closing certifications relating to any issue of Bonds. 24
25	D. The Superintendent will promptly engage qualified consultants and bond counsel to
26	investigate any potential violations of federal tax requirements or undertake appropriate remedial 27	actions, which actions shall be approved by the governing body of the Issuer.
28 29 30 31
32	Policy History 33
34	Adopted on:	July 13, 2010 35	Reviewed on:
36	Revised on:

HARDIN PUBLIC SCHOOLS R = required
8000 SERIES NONINSTRUCTIONAL OPERATIONS

TABLE OF CONTENTS

8000	Goals
8100	Transportation
8102	Contracting for Transportation Services 8110	Bus Routes and Schedules
8111	Transportation of Students With Disabilities 8121	District-Owned Vehicles
8123	Driver Training and Responsibility 8124	Student Conduct on Buses
8125	School Bus Emergencies 8132	Activity Trips
R 8200	Food Services
R 8205	Meal Charge Policy
R 8210	Procurement Policy for Food Service Purchases 8225	Tobacco Free Policy
8300	Risk Management 8301	District Safety 8320	Property Damage
8400	Sale of Real Property
8410	Operation and Maintenance of District Facilities 8420	District-Wide Asbestos Program
8421	Lead Renovation 8425	Service Animals 8430	Records Management 8440	Computer Software
8450	Automatic External Defibrillators (AED)

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8000 4

5	Goals 6

7	In order for students to obtain the maximum benefits from their educational program, a complex 8	set of support services must be provided by the District. These services are essential to the
9	success of the District, and the staff that provides them is an integral part of the educational 10	enterprise. Because resources are always scarce, all assets of District operations, including 11	noninstructional support services, shall be carefully managed in order to obtain maximum
12	efficiency and economy. To that end, the goal of the District is to seek new ways of supporting 13	the instructional program, which shall maximize the resources directly available for students’ 14	learning programs.
15

16

17

18	Policy History:

19	Adopted on:	August 28, 2007 20	Reviewed on:
21	Revised on:

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Transportation 6

7	The District may provide transportation to and from school for a student who:

8

8100 page 1 of 2

9	1.	Resides three (3) or more miles, over the shortest practical route, from the nearest 10                       operating public elementary or public high school;
11

12	2.	Is a student with a disability, whose IEP identifies transportation as a related service; or 13

14	3.	Has another compelling and legally sufficient reason to receive transportation services. 15

16	The District may elect to reimburse the parent or guardian of a student for individually 17	transporting any eligible student.
18

19	The District may provide transportation by school bus or other vehicle or through individual 20	transportation such as paying the parent or guardian for individually transporting the student.
21	The Board may pay board and room reimbursements, provide supervised correspondence study, 22	or provide supervised home study. The Board may authorize children attending an approved
23	private school to ride a school bus, provided that space is available and a fee to cover the per-seat 24	cost for such transportation is collected. The District may transport and charge for an ineligible 25	public school student, provided the parent or guardian pays a proportionate share of
26	transportation services. Fees collected for transportation of ineligible students shall be deposited 27	in the transportation fund. Transportation issues that cannot be resolved by the trustees may be 28	appealed to the county transportation committee.
29

30	Homeless students shall be transported in accordance with the McKinney Homeless Assistance 31	Act and state law.
32

33	In-Town Busing 34

35	In-town busing is defined as the busing of students within three (3) miles of their school. In-36	town busing is a privilege the District can discontinue at any time. The Superintendent will 37	establish guidelines under which a student may request in-town busing.
38

39

40

41	Legal Reference: 42
43 44 45
46

§ 20-7-441, MCA

§ 20-10-101, MCA § 20-10-121, MCA

Special education child eligibility for transportation
Definitions
Duty of trustees to provide transportation – types of transportation – bus riding time limitation

1	8100 2                                                                                                                                                                                  page 2 of 2 3
4	§ 20-10-122, MCA	Discretionary provision of transportation 5                                                                                                               and payment for this transportation
6	§ 20-10-123, MCA	Provision of transportation for nonpublic 7                                                                                                               school children
8	10.7.101, et seq., ARM	Pupil transportation 9	10.64.101-700, et seq., ARM Transportation
10	No Child Left Behind Act of 2001 (P.L. 107-110) 11

12	Policy History: 13	Adopted on:
14	Reviewed on:

15	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8102 4

5	Contracting for Transportation Services 6

7	If the Board enters into a contract for transportation services, the contractor shall operate such

8	equipment in accordance with District policy and the rules and regulations of the Board of Public 9	Education. The contract shall be in effect for not more than five (5) years. Before entering into
10	the first such contract, the District shall determine that the cost of contracting for the ensuing 11	term will not exceed projected costs of operating its own system. Before any transportation 12	contract is awarded to a private party or contractor, the trustees shall:
13

14	1.	Secure bids by advertising for a twenty-one-(21)-day period (three (3) consecutive 15                       weeks); or
16

17	2.	Negotiate a new contract with the current contractor, provided the new contract does not 18                       exceed by more than twelve percent (12%) per year the basic costs of the previous
19	contract. 20

21	No money shall be expended, unless a contract with a private carrier has been executed. The 22	Board Chairperson will sign such contracts on behalf of the District.
23

24	The District reserves the right to own, operate, and to choose with respect to any other form of 25	transportation, whether it be regular school, co-curricular, extracurricular, or District business 26	programs, the means of transportation which best fits District needs at that particular time, as 27	determined by the Board.
28

29

30

31	Legal Reference: 32
33 34 35
36

§ 20-10-102, MCA § 20-10-107, MCA § 20-10-125, MCA

10.7.108, ARM

School bus requirements Power of trustees
Bid letting for contract bus – payments under transportation contract
Bus Contracts

37	Policy History: 38	Adopted on:
39	Reviewed on:

40	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Bus Routes and Schedules

6

8110 page 1 of 3

7	The Superintendent’s designee is responsible for scheduling bus transportation, including 8	determination of routes and bus stops. Such routes are subject to approval of the county
9	transportation committee. The purpose of bus scheduling and routing is to achieve maximum 10	service with a minimum fleet of buses consistent with providing safe and reasonably equal
11	service to all bus students. 12

13	In order to operate the transportation system as safely and efficiently as possible, the following 14	factors shall be considered in establishing bus routes:
15

16	1.	A school bus route shall be established with due consideration of the sum total of local 17                       conditions affecting the safety, economic soundness, and convenience of its operation, 18                       including road conditions, condition of bridges and culverts, hazardous crossings,
19	presence of railroad tracks and arterial highways, extreme weather conditions and

20	variations, length of route, number of families and children to be serviced, availability of 21	turnaround points, capacity of bus, and related factors.
22

23	2.	The District may extend a bus route across another transportation service area, if it is 24                       necessary in order to provide transportation to students in the District’s own
25	transportation service area. A district may not transport students from outside its 26	transportation service area.
27

28	3.	No school child attending an elementary school shall be required to ride the school bus 29                       under average road conditions more than one (1) hour without consent of the child’s
30	parent or guardian. 31

32	4.	School bus drivers are encouraged to make recommendations in regard to establishing or 33                       changing routes.
34

35	5.	Parents should be referred to the Superintendent for any request of change in routes, 36                       stops, or schedules.
37

38	The Board reserves the right to change, alter, add, or delete any route at any time such changes 39	are deemed in the best interest of the District, subject to approval by the county transportation 40	committee.
41

42	Bus Stops 43

44	Buses should stop only at designated places approved by school authorities. Exceptions should 45	be made only in cases of emergency and inclement weather conditions.
46

1	8110 2                                                                                                                                                                                  page 2 of 3 3
4	Bus stops shall be chosen with safety in mind. Points shall be selected where motorists

5	approaching from either direction will have a clear view of the bus for a distance of at least three 6	hundred (300) to five hundred (500) feet.
7

8	School loading and unloading zones are to be established and marked to provide safe and orderly 9	loading and unloading of students. The principal of each building is responsible for the conduct
10	of students waiting in loading zones. 11

12	Responsibilities - Students 13

14	Students must realize that safety is based on group conduct. Talk should be in conversational

15	tones at all times. There should be no shouting or loud talking which may distract the bus driver. 16	There should be no shouting at passersby. Students should instantly obey any command or
17	suggestions from the driver and/or his/her assistants. 18

19	Responsibilities - Parents 20

21	The interest and assistance of each parent is a valued asset to the transportation program.

22	Parents’ efforts toward making each bus trip a safe and pleasant experience are requested and 23	appreciated. The following suggestions are only three of the many ways parents can assist: 24
25	1.	Ensure that students are at the bus stop in sufficient time to efficiently meet the bus. 26	2.	Properly prepare children for weather conditions.
27	3.	Encourage school bus safety at home. Caution children regarding safe behavior and 28                       conduct while riding the school bus.
29

30	Safety 31

32	The Superintendent will develop written rules establishing procedures for bus safety and 33	emergency exit drills and for student conduct while riding buses.
34

35	If the bus and driver are present, the driver is responsible for the safety of his/her passengers,

36	particularly for those who must cross a roadway prior to loading or after leaving the bus. Except 37	in emergencies, no bus driver shall order or allow a student to board or disembark at other than 38	his/her assigned stop unless so authorized by the Superintendent. In order to assure the safety of 39	all, the bus driver may hold students accountable for their conduct during the course of
40	transportation and may recommend corrective action against a student. Bus drivers are expressly 41	prohibited from using corporal punishment.
42

43	The bus driver is responsible for the use of the warning and stop signaling systems and the

44	consequent protection of his/her passengers. Failure to use the system constitutes negligence on 45	the part of the driver.
46

1 2
3

4	Inclement Weather

5

8110 page 3 of 3

6	The Board recognizes the unpredictability and resulting dangers associated with weather in

7	Montana. In the interest of safety and operational efficiency, the Superintendent is empowered 8	to make decisions as to emergency operation of buses, cancellation of bus routes, and closing of 9	school, in accordance with his or her best judgment. The Board may develop guidelines in
10	cooperation with the Superintendent to assist the Superintendent in making such decisions. 11

12	NOTE: To receive full state/county reimbursement, budgets must have enough funds to cover 13	the costs of any changes to the route.
14

15	NOTE: The county transportation committee has authority to establish transportation service 16	areas, should circumstances and/or geography (demographics) warrant.
17

18

19

20	Legal Reference: 21
22 23
24

§ 20-10-106, MCA § 20-10-132, MCA § 20-10-121, MCA

Determination of mileage distances Duties of county transportation committee
Duty of trustees to provide transportation – types of transportation – bus riding time limitation

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8111 4

5	Transportation of Students With Disabilities 6

7	Transportation shall be provided as a related service, when a student with a disability requires 8	special transportation in order to benefit from special education or to have access to an
9	appropriate education placement. Transportation is defined as: 10

11	(a)	Travel to and from school and between schools; 12

13	(b)	Travel in and around school buildings or to those activities that are a regular part of the 14                       student’s instructional program;
15

16	(c)	Specialized equipment (such as special or adapted buses, lifts, and ramps) if required to 17                       provide special transportation for a student with disabilities.
18

19	The Evaluation Team that develops the disabled student’s Individualized Education Program will 20	determine, on an individual basis, when a student with a disability requires this related service. 21	Such recommendations must be specified on the student’s IEP. Only those children with
22	disabilities who qualify for transportation as a related service under the provisions of the IDEA 23	shall be entitled to special transportation. All other children with disabilities in the District have 24	access to the District’s regular transportation system under policies and procedures applicable to 25	all District students. Utilizing the District’s regular transportation service shall be viewed as a 26	“least restrictive environment.”
27

28	Mode of Transportation 29

30	Buses will be the preferred mode of transportation. Exceptions may be made in situations where 31	buses are prohibited from entering certain subdivisions due to inadequate turning space, or when 32	distance from school may seriously impact bus scheduling. In such situations other
33	arrangements, such as an individual transportation contract, may be arranged with parents. Such 34	voluntary agreement will stipulate in writing the terms of reimbursement.
35

36

37

38	Cross Reference:	3300	Corrective Actions and Punishment 39

40	Legal Reference: 41
42

10.16.3820, ARM	Transportation for Special Education Students with Disabilities

43	Policy History: 44	Adopted on:
45	Reviewed on:

46	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8121 4

5	District-Owned Vehicles 6

7	The District owns and maintains certain vehicles. Included among them are pickups, school

8	buses, and cars. These are for use by properly authorized personnel of the District for District 9	business purposes.
10

11	Any driver who receives a citation for a driving violation while operating a District vehicle shall 12	personally pay all fines levied. All citations received while the driver is a District employee,
13	whether operating a District vehicle or not, must be reported and may result in disciplinary action 14	up to and including termination.
15

16	Bus and Vehicle Maintenance, District 17

18	Buses used in the District’s transportation program shall be in safe and legal operating condition. 19	All buses shall be inspected by the Department of Justice, Montana Highway Patrol, before the 20	beginning of each semester. The Superintendent will establish a specific list of tasks bus drivers 21	will perform on a daily basis. All other District vehicles shall be maintained following
22	established programs developed by the Superintendent. 23

24

25

26	Policy History: 27	Adopted on:
28	Reviewed on:

29	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8123 4

5	Driver Training and Responsibility 6

7	Bus drivers shall observe all state statutes and administrative rules governing traffic safety and

8	school bus operation. At the beginning of each school year, the District will provide each driver 9	with a copy of the District’s written rules for bus drivers and for student conduct on buses.
10

11	Each bus driver will meet the qualifications established by the Superintendent of Public

12	Instruction, including possession of a valid Montana commercial driver’s license (with school 13	bus “S” and passenger “P” endorsements), receive ten (10) hours of in-service annually, and 14	Department of Transportation-approved physician’s certification that he or she is medically
15	qualified for employment as a bus driver. The bus driver shall secure a valid standard first aid 16	certificate from an authorized instructor, within two (2) months after being employed, and
17	maintain a valid first aid certificate throughout employment as a bus driver. The bus driver must 18	have five (5) years driving experience.
19

20	A school bus driver is prohibited from operating a school bus while using a cellular phone, 21	including hands free cellular phone devices, except:
22	(1) During an emergency situation;

23	(2) To call for assistance if there is a mechanical breakdown or other mechanical 24                              problem;
25	(3) When the school bus is parked. 26

27	A teacher, coach, or other certified staff member assigned to accompany students on a bus will 28	have primary responsibility for behavior of students in his or her charge. The bus driver has final 29	authority and responsibility for the bus. The Superintendent will establish written procedures for 30	bus drivers.
31

32

33

34	Legal Reference: 35
36

37

§ 20-10-103, MCA 10.7.111, ARM 10.64.201, ARM

School bus driver qualifications Qualification of Bus Drivers Drivers

38	Policy History: 39	Adopted on:
40	Reviewed on:

41	Revised on:	August 28, 2007, February 23, 2010

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8124 4

5	Student Conduct on Buses 6

7	The Superintendent will establish written rules of conduct for students riding school buses. Such 8	rules will be reviewed annually by the Superintendent and revised if necessary. If rules are
9	substantially revised, they will be submitted to the Board for approval. 10

11	At the beginning of each school year, a copy of the rules of conduct for students riding buses will 12	be provided to students, and the classroom teacher and bus driver will review the rules with the 13	students. A copy of the rules will be posted in each bus and will be available upon request at the 14	District office and in each building principal’s office.
15

16	The bus driver is responsible for enforcing the rules and will work closely with a parent and

17	building principal to modify a student’s behavior. Rules shall include consistent consequences 18	for student misbehavior. A recommendation for permanent termination of bus privileges,
19	accompanied by a written record of the incident(s) that led to the recommendation, shall be 20	referred to the respective building principal notification given to the Superintendent. The
21	student’s parent or guardian may appeal a termination to the Board. No further appeal shall be 22	allowed.
23

24

25

26	Cross Reference: 27
28

3310	Student Discipline
8111	Transportation of Students with Disabilities

29	Legal Reference: 30
31

32

§ 20-4-302, MCA

§ 20-5-201, MCA

Discipline and punishment of pupils – definition of corporal punishment – penalty – defense
Duties and sanctions

33	Policy History: 34	Adopted on:
35	Reviewed on:

36	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8125 4

5	School Bus Emergencies 6

7	In the event of an accident or other emergency, the bus driver shall follow the emergency

8	procedures developed by the Superintendent. A copy of the emergency procedures shall be

9	located in every bus. To ensure the success of such emergency procedures, every bus driver will 10	conduct an emergency evacuation drill within the first six (6) weeks of each school semester.
11	The District will conduct such other drills and procedures as may be necessary. 12

13

14

15	Policy History: 16	Adopted on:
17	Reviewed on:

18	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8132 4

5	Activity Trips 6

7	Whenever practical, buses are to be used for transportation to and from athletic or any other

8	school activities. Any deviation from this rule must be approved by the administration, but in 9	any event, cars are not to be driven by students.
10

11	The use of school buses is strictly limited to school activities. Buses may not be loaned or leased 12	to non-school groups, unless permission is specifically granted by the Board. Buses will be
13	operated by a qualified bus driver on all activity runs, and only authorized activity participants, 14	professional staff, and chaperones assigned by the administration may ride the bus.
15

16	A duplicate copy of the passenger list will be made for all activity trips. One (1) copy will

17	remain with the professional staff member in charge on the bus, and one (1) copy will be given 18	to the building main office before the bus departs.
19

20

21

22	Policy History: 23	Adopted on:
24	Reviewed on:

25	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Food Services

6

R

8200 page 1 of 2

7        The District supports the philosophy of the National School Lunch Program and will provide 8        wholesome, appetizing, and nutritious meals for children in District schools. The Board may
9	authorize a portion of federal funds received in lieu of taxes to be used to provide free meals for 10	federally connected indigent students.
11

12	Because of the potential liability of the District, the food services program will not accept

13	donations of food without approval of the Board. Should the Board approve a food donation, the 14	Superintendent will establish inspection and handling procedures for the food and determine that 15	provisions of all state and local laws have been met before selling the food as part of school
16	meals. 17

18	Commodities 19

20	The District will use food commodities made available under the Federal Food Commodity 21	Program for school meals.
22

23	Free and Reduced-Price Food Services 24

25	The District will provide free and reduced-price meals to students, according to the terms of the 26	National School Lunch Program and the laws, rules, and regulations of the state. The District 27	will inform parents of the eligibility standards for free or reduced-price meals. Identity of
28	students receiving free or reduced-price meals will be confidential, in accordance with National 29	School Lunch Program guidelines. A parent has the right to appeal to a designated hearing
30	official any decision with respect to his or her application for free or reduced-price food services. 31

32	The Board may establish programs whereby meals may be provided in the District in accordance 33	with National School Lunch Program guidelines.
34

35	The amount charged for such meals shall be sufficient to cover all costs of the meals, including 36	preparation labor and food, handling, utility, and equipment depreciation costs.
37

38	Delinquent Student/Staff School Food Program Accounts 39

40	Any student or staff member, delinquent in excess of Twenty-Five Dollars ($25) in the school 41	food program, shall not be eligible to participate in the school breakfast and/or lunch program, 42	until such time as the delinquency has been paid.
43

44

45

46	Legal Reference:	§ 20-10-204, MCA	Duties of trustees

1 2
3

4	§ 20-10-205, MCA 5

6	§ 20-10-207, MCA 7

8	Policy History: 9	Adopted on:
10	Reviewed on:

11	Revised on:	August 28, 2007

8200 page 2 of 2

Allocation of federal funds to school food services fund for federally connected, indigent pupils School food services fund

1 2 3 4 5
6	8205 – R

Hardin Public Schools

NONINSTRUCTIONAL OPERATIONS

Adopted on: 5/9/17 Reviewed on: Revised on:

7	Page 1 of 1 8
9	Meal Charge Policy 10
11	The Hardin School District has eliminated the risk for unpaid meal charges by participating in the

12	Community Eligibility Provisions (CEP) program, which is a meal service option for schools and school 13	districts operating the school meal programs in high-poverty communities. CEP allows the school to
14	provide breakfast and lunch at no cost to all enrolled children without the need to collect applications or 15	establish individual eligibility for a four-year period, thereby increasing access to school meals and
16	eliminating unpaid meal charges. 17
18	Delinquent Staff Food Program Accounts 19
20	Any staff member, delinquent in excess of Twenty-Five Dollars ($25) in the school food program, shall 21	not be eligible to participate in the school breakfast and/or lunch program, until such time as the
22	delinquency has been paid. 23
24

25	Legal Reference:	https://www.fns.usda.gov/school-meals/policy

26	Child Nutrition and WIC Reauthorization Act of 2004, PL 108-265

27	Child Nutrition Act 1966, 42 Unites States Code (USC) Section 1771 et seq. 28	Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) 29	Section 794 et seq.
30	Individuals with Disabilities Education Act (IDEA), 20 Unites States Code 31	(USC) Sections 1400-1485
32	7 Code of Federal Regulations (CFR) Parts 15B, 210 and 220

1 2 3 4 5
6	8210 – R

Hardin Public Schools

NONINSTRUCTIONAL OPERATIONS

Adopted on: 5/9/17 Reviewed on: Revised on:

7	Page 1 of 2 8        Procurement Policy for School Food Purchases
9
10	The Hardin School District will adhere to the following requirements for any procurement related to 11	food service:
12
13	Purchases:
14	•	Purchases greater than $80,000:
15	o If the aggregate amount exceeds eighty thousand dollars ($80,000), the contract must be 16                                     awarded through a formal bid process and a call for bids or request for proposals shall be 17                                     published according to 20-9-204, MCA. No contract shall be divided for the purpose of 18                                     avoiding the formal procurement process.
19	o The District may enter into a cooperative purchasing contract for procurement of supplies 20                                     with one or more districts or a Cooperative Services Program. This allows the District to 21                                     participate in a cooperative purchasing group to purchases supplies through the group
22	without bidding if the cooperative purchasing group has a publicly available master list of 23	items available with pricing included and provides an opportunity at least twice yearly for 24	any vendor, including a Montana vendor, to compete, based on a lowest responsible
25	bidder standard. 26
27	•	Purchases greater than $3,500 and less than $80,000:
28	o Any purchase greater than $3,500 and less than eighty thousand ($80,000) will be 29                                     handled in a fair and equitable manner consistent with district policy on purchasing.
30	o The Hardin School District will obtain two or more estimates when any purchase will 31                                     cost more than $3,500 and less than eighty thousand ($80,000).
32	o The District may enter into a cooperative purchasing contract for procurement of supplies 33                                     with one or more districts or a Cooperative Services Program. This allows the District to 34                                     participate in a cooperative purchasing group to purchases supplies through the group
35	without bidding if the cooperative purchasing group has a publicly available master list of 36	items available with pricing included and provides an opportunity at least twice yearly for 37	any vendor, including a Montana vendor, to compete, based on a lowest responsible
38	bidder standard. 39
40	Bid Specifications: 41
42	The Hardin School District contracts will not be awarded to any potential vendors who write any of
43	the bid specifications, the solicitation documents, or any of the contract language. The district must take 44	care that any bids for services and supplies are written in the broadest possible terms to allow for
45	participation by the largest number of potential vendors. 46
47	Identical bid specifications and/or request for proposals will be provided to all potential vendors. 48

1	8210 2                                                                                                                                                                                Page 2 of 2 3
4	Geographic Preference: 5
6	No Geographic Preference (advantage based on location) is allowed with federal funds except for
7	documented Farm to School (Farm to Plate) efforts. Therefore, as part of Farm to School, Hardin School 8	District may choose to apply a geographic preference when procuring unprocessed locally grown or
9	locally raised agricultural products only. 10
11	Buy American: 12
13	The District will adhere to “Buy American” for the food service program. Therefore, Food Service is 14	required to purchase, to the maximum extent possible, domestic products for use in meals served in our 15	Child Nutrition Program. However, exceptions are allowed when:
16	--Food preferences can only be met with foreign goods
17	--Insufficient quantity and/or quality is available in the USA 18	--Domestic cost is significantly higher
19
20	Standards of Conduct for District Employees:
21	•	The Hardin School District maintains the following code of conduct for any employees engaged 22                      in award and administration of contracts supported by Federal Funds:
23
24	•	No District employee will engage in any procurement when there is a conflict of interest, real or 25                      perceived, and District employees cannot solicit or accept any gratuities, favors or anything of
26	monetary value from prospective vendors. This shall not preclude district personnel from serving 27	on boards or participating in organizations that support the district’s need to obtain quality
28	services and supplies. 29
30	•	No District employee shall participate in the selection, award or administration of a contract when 31                      any of the following persons have a financial interest in the firm selected for award:
32	o The employee
33	o Any member of his/her immediate family
34	o People with whom there is an intimate personal relationship
35	o An organization which employs or is about to employ any of the above 36
37	•	The District would like all employees to behave with the utmost integrity and never be self-38                      serving, be fair in all aspects of the procurement process, be alert to conflicts of interest, and 39                      avoid any compromising situations.
40
41	•	Employees found to be in violation of this policy are subject to disciplinary action, up to and 42                      including termination.

1	Hardin Public Schools 2

3	NON-INSTRUCTIONAL OPERATIONS	8225 4

5	Tobacco Free Policy 6

7	The District maintains tobacco-free buildings and grounds. Tobacco includes but is not limited to 8	cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, nicotine and any other tobacco
9	innovation. 10

11	Use of tobacco products in a public school building or on public school property is prohibited, 12	unless used in a classroom or on other school property as part of a lecture, demonstration, or
13	educational forum sanctioned by a school administrator or faculty member, concerning the risks 14	associated with using tobacco products or in connection with Native American cultural activities. 15
16	For the purpose of this policy, “public school building or public school property” means: 17

18		Public land, fixtures, buildings, or other property owned or occupied by an institution for 19                       the teaching of minor children, that is established and maintained under the laws of the 20                       state of Montana at public expense; and
21

22		Includes playgrounds, school steps, parking lots, administration buildings, athletic 23                       facilities, gymnasiums, locker rooms, and school vehicles.
24

25

26	Violation of the policy by students and staff will be subject to actions outlined in District 27	discipline policies.
28

29

30	Legal Reference: 31
32 33
34

§ 20-1-220, MCA

§§ 50-40-101, et seq., MCA ARM 37.111.825

Use of tobacco product in public school building or property prohibited Montana Clean Indoor Air Act of 1979 Health Supervision and Maintenance

35	Policy History: 36	Adopted on:
37	Reviewed on:

38	Revised on:	August 28, 2007, February 23, 2010

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8300 4

5	Risk Management 6

7	The Board believes the District must identify and measure risks of loss which may result from

8	damage to or destruction of District property or claims against the District by persons claiming to 9	have been harmed by action or inaction of the District, its officers or staff. The District will
10	implement a risk management program to reduce or eliminate risks where possible and to 11	determine which risks the District can afford to assume. Such program will consider the
12	benefits, if any, of joining with other units of local government for joint purchasing of insurance, 13	joint self-insuring, or joint employment of a risk manager. The Board will assign primary
14	responsibility for administration and supervision of the risk management program to a single 15	person and will review the status of the risk management program each year.
16

17	The District will purchase surety bonds for the Superintendent, Clerk, and such other staff and in 18	such amounts as the Board shall from time to time determine to be necessary for honest
19	performance of the staff in the conduct of the District’s financial operations. 20

21

22

23	Legal Reference: 24
25 26 27 28 29
30

§ 20-6-608, MCA

§ 20-3-331, MCA
§§ 2-9-101, et seq., MCA § 2-9-211, MCA
§ 2-9-501, MCA

Authority and duty of trustees to insure district property
Purchase of insurance – self-insurance plan Liability Exposure
Political subdivision insurance General Provisions Related to Official Bonds

31	Policy History: 32	Adopted on:
33	Reviewed on:

34	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	NON-INSTRUCTIONAL OPERATIONS	8301 4
5	District Safety 6
7	For purposes of this policy, “disaster means the occurrence or imminent threat of damage, injury, or loss 8	of life or property”.
9
10	The Board recognizes that safety and health standards should be incorporated into all aspects of the
11	operation of the District. Rules for safety and prevention of accidents will be posted in compliance with 12	the Montana Safety Culture Act and the Montana Safety Act. Injuries and accidents will be reported to 13	the District office.
14
15	The board of trustees has identified the following local hazards that exists within the boundaries of its 16	school district:
17	[Fire, Earthquake, Avalanche, High Winds, Tornadoes, Intruders, Firearms, etc.] 18
19	The building principal shall design and incorporate drills in its school safety or emergency operations
20	plan to address the above stated hazards. The trustees shall certify to the office of public instruction that a 21	school safety or emergency operations plan has been adopted. This plan and procedures will be discussed 22	and distributed to each teacher at the beginning of each school year. There will be at least eight (8)
23	disaster drills a year in a school. All teachers will discuss safety drill procedures with their class at the 24	beginning of each year and will have them posted in a conspicuous place next to the exit door. Drills 25	must be held at different hours of the day or evening to avoid distinction between drills and actual
26	disasters. A record will be kept of all fire drills. 27
28	The trustees shall review the school safety or emergency operations plan periodically and update the plan 29	as determined necessary by the trustees based on changing circumstances pertaining to school safety.
30	Once the trustees have made the certification to the office of public instruction, the trustees may transfer 31	funds pursuant to Section 2, 20-1-401, MCA to make improvements to school safety and security.
32
33	The Superintendent will develop safety and health standards which comply with the Montana Safety 34	Culture Act.

35
36	Legal Reference: 37
38 39 40 41 42

§ 20-1-401, MCA

§ 20-1-402, MCA

§§ 39-71-1501, et seq., MCA §§ 50-71-311, MCA

Disaster drills to be conducted regularly – districts to identify disaster risks and adopt school safety plan
Number of disaster drills required – time of drills to vary
Montana Safety Culture Act Montana Safety Act

43
44	Policy History: 45	Adopted on: 46	Reviewed on:
47	Revised on:	August 28, 2007, June 25, 2013, June 23, 2015

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8320 4

5	Property Damage 6

7	The District will maintain a comprehensive insurance program which will provide adequate

8        coverage, as determined by the Board, in the event of loss or damage to school buildings and/or 9        equipment, including motor vehicles. The comprehensive insurance program will maximize the
10	District’s protection and coverage while minimizing costs for insurance. This program may

11	include alternatives for sharing the risk between the District and an insurance carrier and through 12	self-insurance plans.
13

14	Privately Owned Property 15

16	The District will not assume responsibility for maintenance, repair, or replacement of any

17	privately owned property brought to a school or to a District function, unless the use or presence 18	of such property has been specifically requested in writing by the administration.
19

20

21

22	Legal Reference: 23
24

§ 20-6-608, MCA	Authority and duty of trustees to insure district property

25	Policy History: 26	Adopted on:
27	Reviewed on:

28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8400 4

5	Sale of Real Property 6

7	Unless the property can be disposed of without a vote, the Board has the power to dispose of all 8	District property, only when the qualified electors of the District approve of such action at an
9	election called for such approval or when the trustees adopt a resolution stating their intention to 10	dispose of the property. When the trustees adopt such a resolution, they shall schedule a meeting 11	to consider a resolution to authorize the sale of the real property. The conduct of the meeting and 12	any such subsequent appeals shall be in accord with § 20-6-604, MCA.
13

14	Receipts from a sale of real property shall be placed in the debt service fund, building fund, 15	general fund, or in any combination of these three (3) funds, at the Board’s discretion.
16

17

18

19	Legal Reference: 20
21 22
23

§ 20-6-603, MCA

§ 20-6-604, MCA

Trustees’ authority to acquire or dispose of sites and buildings – when election required
Sale of property when resolution passed after hearing – appeal procedure

24	Policy History:

25	Adopted on:	August 28, 2007 26	Reviewed on:
27	Revised on:

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8410 4

5	Operation and Maintenance of District Facilities 6

7	The District seeks to maintain and operate facilities in a safe and healthful condition. The 8	facilities manager, in cooperation with principals, fire chief, and county sanitarian, will
9	periodically inspect plant and facilities. The facilities manager will develop a program to

10	maintain the District physical plant by way of a continuous program of repair, maintenance, and 11	reconditioning. Budget recommendations will be made each year to meet these needs and any 12	such needs arising from an emergency.
13

14	The facilities manager will formulate and implement energy conservation measures. Principals 15	and staff are encouraged to exercise other cost-saving procedures in order to conserve District 16	resources in their buildings.
17

18

19

20	Legal Reference:	10.55.908, ARM	School Facilities 21

22	Policy History: 23	Adopted on:
24	Reviewed on:

25	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8420 4

5	District-Wide Asbestos Program 6

7	It is the intent of the District that the Asbestos Hazard Emergency Response Act (AHERA) and 8	all of its amendments and changes be complied with by all District employees, vendors, and
9	contractors. 10

11

12

13	Legal Reference:	15 USC § 2641	Congressional findings and purpose 14

15	Policy History:

16	Adopted on:	August 28, 2007 17	Reviewed on:
18	Revised on:

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Lead Renovation

6

8421 Page 1 of 2

7	In accordance with the requirements of the Environmental Protection Agency (EPA), the Hardin 8	School District has this Lead Renovation Policy that is designed to recognize, control and
9	mitigate lead hazards at all District owned facilities and grounds. 10

11	The Lead-based paint renovation, repair and painting program (RRP) is a federal regulatory 12	program affecting contractors, property managers, and others who disturb painted surfaces. It 13	applies to child-occupied facilities such as schools and day-care centers built prior to 1978.
14

15	“Renovation” is broadly defined as any activity that disturbs painted surfaces and includes most 16	repair, remodeling, and maintenance activities, including window replacement.
17

18	The District has implemented this policy to identify, inspect, control, maintain and improve the 19	handling of lead related issues across the district facilities and grounds. In an effort to reduce 20	potential hazards, the District through training has put together maintenance programs that will 21	not only better protect the environment, but the students and employees of the District as well. 22
23	The District’s Lead Renovation Policy shall apply too not only employees of the maintenance

24	department but to outside contractors as well. No outside painting contractor will be permitted to 25	work for the District after April 22, 2010 unless they can show proof of training relative to lead 26	renovation or maintenance from an accredited training institution.
27

28	Information Distribution Requirements 29

30	No more than 60 days before beginning renovation activities in any school facility of the District, 31	the company performing the renovation must:
32	1.	Provide the Superintendent with EPA pamphlet titled Renovate Right: Important Lead 33                       Hazard Information for Families, Child Care Providers and Schools.
34	2.	Obtain, from the District, a written acknowledgement that the District has received the 35                       pamphlet.
36	3.	Provide the parents and guardians of children using the facility with the pamphlet and 37                       information describing the general nature and locations of the renovation and the
38	anticipated completion date by complying with one of the following:

39	(i) Mail or hand-deliver the pamphlet and the renovation information to each 40	parent or guardian of a child using the child-occupied facility.
41	(ii) While the renovation is ongoing, post informational signs describing the 42	general nature and locations of the renovation and the anticipated completion
43	date. These signs must be posted in areas where they can be seen by the parents or 44	guardians of the children frequenting the child-occupied facility. The signs must 45	be accompanied by a posted copy of the pamphlet or information on how
46

© MTSBA 2009

1	8421 2                                                                                                                                                                             Page 2 of 2 3
4	interested parents or guardians can review a copy of the pamphlet or obtain a copy 5	from the renovation firm at no cost to the parents or guardians.
6	4.	The renovation company must prepare, sign, and date a statement describing the step

7	performed to notify all parents and guardians of the intended renovation activities and to 8	provide the pamphlet.
9

10	Recordkeeping Requirements * 11

12	All documents must be retained for three (3) years following the completion of a renovation. 13               	Records that must be retained include:
14		Reports certifying that lead-based paint is not present. 15		Records relating to the distribution of the lead pamphlet.
16		Documentation of compliance with the requirements of the Lead-Based Paint 17                       Renovation, Repair, and Painting Program.

18

19	*Note: The MTSBA recommends that districts follow the same record retention schedule as they 20	do for Asbestos abatement (forever).
21

22	Legal Reference: 23
24 25
26

40 CFR Part 745, Subpart E

15 U.S.C. 2682 and 2886

Lead-based paint poisoning in certain residential structures
Toxic Substances Control Act, Sections 402 and 406

27	Policy History:

28	Adopted on:	September 14, 2010 29	Reviewed on:
30	Revised on:

© MTSBA 2009

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8425 4

5	Service Animals 6
7	For the purposes of this policy, state law defines a service animal as a dog or any other animal that is

8	individually trained to do work or perform tasks for the benefit of an individual with a disability. Federal 9	law definition of a disability includes a physical, sensory, psychiatric, intellectual, or other mental
10	disability. 11
12	The District shall permit the use of a miniature horse by an individual with a disability, according to the 13	assessments factors as outlined in Policy 8425P, if the miniature horse has been individually trained to do 14	work or perform tasks for the benefit of the individual with a disability.
15

16	The Hardin School District will permit the use of service animals by an individual with a disability 17	according to federal regulations. The work or tasks performed by a service animal must be directly 18	related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting
19	individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are 20	deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue
21	work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of 22	allergens, retrieving items such as medicine or the telephone, providing physical support and assistance 23	with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric 24	and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
25

26	The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, 27	comfort, or companionship do not constitute work or tasks for the purposes of this definition.
28

29	The District may ask an individual with a disability to remove a service animal from the premises if:
30		The animal is out of control and the animal’s handler does not take effective action to control it; 31                       or
32		The animal is not housebroken

33

34	The District is not responsible for the care or supervision of the service animal. 35
36	Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of 37	the District’s facilities where members of the public, participants in services, programs or activities, or 38	invitees, as relevant, are allowed to go.

39
40	Cross Reference:	Policy 8425P 41                                                    Policy 8425F 42                                                    Policy 2161 43                                                    Policy 2162 44
45        Legal Reference:                 28 CFR 35.136 46                                                    28 CFR 35.104
47	49-4-203(2), MCA 48        Policy History:
49	Adopted on:	7/12/2011 50	Reviewed on:
51	Revised on:	09/25/2012

Procedure for allowance of service animals Service Animals in District Facilities Form Special Education
Section 504 of the Rehabilitation Act of 1973

Service Animals Definitions Definitions

© MTSBA 2011

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Records Management

6

R

8430 page 1 of 2

7	The District will retain, in a manner consistent with applicable law and the state’s Rules for

8	Disposition of Local Government Records, such records as are required by law or regulations to 9	be created and/or maintained, and such other records as are related to students, school personnel,
10	and the operations of the schools. 11

12	For the purpose of this policy, “records” are all documentary materials, regardless of media or 13	characteristics, made or received and maintained by the school unit in transaction of its business. 14	Records include email and other digital communications sent and received.
15

16	Records may be created, received, and stored in multiple formats, including but not limited to 17	print, microfiche, audio and videotapes, and various digital forms (on hard drives, computer 18	disks and CDs, servers, flash drives, etc.).
19

20	The Superintendent will be responsible for developing and implementing a records management 21	program for the cataloging, maintenance, storage, retrieval, and disposition of school records.
22	The Superintendent will also be responsible for developing guidelines to assist school employees 23	in understanding the kinds of information that must be saved and those which can be disposed of 24	or deleted. The Superintendent may delegate records-management responsibilities to other
25	school personnel at his/her discretion to facilitate implementation of this policy. 26

27	Litigation Holds for Electronic Stored Information (ESI) 28

29	The school district will have an ESI Team. The ESI Team is a designated group of individuals 30	who implement and monitor litigation holds, a directive not to destroy ESI that might be relevant 31	to a pending or imminent legal proceeding. The ESI Team will include a designated school
32	administrator, an attorney, and a member from the Technology Department. In the case of a 33	litigation hold, the ESI Team shall direct employees and the Technology Department, as
34	necessary, to suspend the normal retention procedure for all related records. 35

36	Inspections of ESI 37

38	Any requests for ESI records should be made in writing and will be reviewed by the 39	Superintendent or designee, in consultation with an attorney if needed, and released in 40	accordance with Montana public records law.
41

42	Delegated Authority

43

44	The Board delegates to the Superintendent or designees the right to implement and enforce 45	additional procedures or directives relating to ESI retention consistent with this policy, as 46	needed.

© MTSBA 2009

1 2 3
4

5	Cross Reference: 6

7 8
9

1402
3600, 3600P 5231, 5231P 5450

School Board Use of Electronic Mail Student Records
Personnel Records Employee Electronic Mail

8430 page 2 of 2

10	Legal Reference: 11
12 13 14 15 16 17 18
19

Montana Secretary of State (Rules for Disposition of Local Government Records)
Federal Rules of Civil Procedure (FRCP)
§ 2-6-403, MCA	Duties and responsibilities
§ 20-1-212, MCA	Destruction of records by school officer § 20-7-101(2), MCA Standards of accreditation
§ 20-9-215, MCA	Destruction of certain financial records 24.9.805 (4), ARM	Employment Records

20	Policy History: 21	Adopted on:
22	Reviewed on:

23	Revised on:	August 28, 2007, October 27, 2009

© MTSBA 2009

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8440 4

5	Computer Software 6

7	Unauthorized copying of any computer software licensed or protected by copyright is theft. 8	Failure to observe software copyrights and/or license agreements may result in disciplinary 9	action by the District and/or legal action by a copyright owner.
10

11	No District-owned computing resources should be used for unauthorized commercial purposes. 12

13

14

15	Policy History:

16	Adopted on:	August 28, 2007 17	Reviewed on:
18	Revised on:

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS 4

5	Automatic External Defibrillators (AED)

6

8450 page 1 of 2

7	The Board of Trustees of Hardin Public Schools recognizes that from time to time emergencies 8	may arise that justify the use of an Automated External Defibrillator (AED). The Board has
9	purchased one or more of these units for use by qualified personnel. The Board of Trustees 10	approves the use of AED units, subject to the following conditions:
11

12	1.	Establish a program for the use of an AED that includes a written plan that must specify: 13                       	Where the AED will be placed;
14		The individuals who are authorized to operate the AED;
15		How AED use will be coordinated with an emergency medical service providing 16                                     services in the area where the AED is located;
17		The medical supervision that will be provided;
18		The maintenance that will be performed on the AED; 19		Records that will be kept by the program;
20		Reports that will be made of AED use;
21		The name, location, and telephone number of a physician, or other individual 22                                     designated by the physician, designated to provide medical supervision of the 23                                     AED program; and
24		Other matters as specified by the Department of Public Health and Human 25                                     Services;
26	2.	Adhere to the written plan required by subsection (1);
27	3.	Ensure that before using the AED, an individual authorized to operate the AED receives 28                       appropriate training approved by the DPHHS in cardiopulmonary resuscitation and the 29                       proper use of an AED;
30	4.	Maintain, test, and operate the AED according to the manufacturer’s guidelines and 31                       maintain written records of all maintenance and testing performed on the AED;
32	5.	Ensure that the physician or other individual designated by the physician to supervise the 33                       AED program supervises the AED program to ensure compliance with the written plan, 34                       this part, and rules adopted by the District and reviews each case in which the AED is
35	used;
36	6.	Each time an AED is used for an individual in cardiac arrest, require that an emergency 37                       medical service is summoned to provide assistance as soon as possible and that the AED 38                       use is reported to the supervising physician or the person designated by the physician and 39                       to the District as required by the written plan;
40	7.	Before allowing any use of an AED, provide the following to all licensed emergency 41                       services and any public safety answering point or emergency dispatch center providing 42                       services to the area where the AED is located:
43	a.	A copy of the plan prepared pursuant to this section; and
44	b.	Written notice, in a format prescribed by the DPHHS rules, stating:
45	i.	That an AED program has been established by the District; 46                                                ii.	Where the AED is located; and

1 2
3

4	iii. 5

6

7	Liability Limitations

8

8450 page 2 of 2

How the use of the AED is to be coordinated with the local emergency medical service system.

9	An individual who provides emergency care or treatment by using an AED in compliance with 10	this policy and an individual providing cardiopulmonary resuscitation to an individual upon
11	whom an AED is or may be used are immune from civil liability for a personal injury that result 12	from that care or treatment.
13

14	An individual who provides emergency care or treatment by using an AED in compliance with 15	this policy and an individual providing cardiopulmonary resuscitation to an individual upon
16	whom an AED is or may be used are immune from civil liability as a result of any act or failure 17	to act in providing or arranging further medical treatment for the individual upon whom the AED 18	was used, unless the individual using the AED or the person providing CPR, as applicable, acts 19	with gross negligence or with willful or wanton disregard for the care of the person upon whom 20	the AED is or may be used.
21

22	The following individuals or entities are immune from civil liability for any personal injury that 23	results from an act or omission that does not amount to willful or wanton misconduct or gross 24	negligence, if applicable provisions of this part have been met by the individual or entity:
25

26	a.	A person providing medical oversight of the AED program, as designated in the plan; 27	b.	The entity responsible for the AED program, as designated in the plan;
28	c.	An individual providing training to others on the use of an AED. 29

30

31

32	Legal Reference: 33
34 35 36 37
38

Title 37, Chapter 104, subchapter 6, ARM – Automated External Defibrillators (AED)
§50-6-501, MCA	Definitions
§50-6-502, MCA	AED program – requirements for AED use §50-6-503, MCA	Rulemaking
§50-6-505, MCA	Liability limitations

39	Policy History:

40	Adopted on:	August 28, 2007 41	Reviewed on:
42	Revised on:	September 14, 2010

HARDIN PUBLIC SCHOOLS R = required
1000 SERIES

THE BOARD OF TRUSTEES

TABLE OF CONTENTS

Procedures

1113P	Vacancies

R 1420F	Notice Regarding Public Comment 1620P	Evaluation of the Board

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1113P 4

5	Vacancies 6

7	When a vacancy occurs on the Board, it is in the best interest of the District to encourage as 8	many able citizens as possible to consider becoming a trustee. To that end, the following
9	procedures shall be used to identify and appoint citizens to fill Board vacancies: 10

11	1.	Announcement of the vacancy and the procedure for filling it shall be made in the general 12                       news media as well as District publications to patrons.
13

14	2.	All citizens shall be invited to nominate candidates for the position, provided that the 15                       nominees shall be residents of the District.
16

17	3.	The Board Clerk shall notify all nominees by sending them a summary of trustee

18	responsibilities and soliciting from them a biographical sketch as well as a statement

19	about their interest in being a board member. Upon their request, the Board Clerk shall 20	provide candidates with orientation information.
21

22	4.	The Board shall screen the candidates. 23

24	a. If there are more than five (5) nominees, it shall select for interviews the five (5) 25                                     whose prior experience and expressed interest suggest that they will be most able 26                                     to contribute breadth of view to the board’s deliberations as well as effectively 27                                     represent a large segment of the community.
28

29	b. The Board shall individually interview the finalists in a regular or special meeting 30                                     and appoint the candidate who in the judgment of the Board is most likely to
31	contribute to the growth and development of the district’s educational programs 32	and operations.
33

34	5.	The Board Clerk shall prepare a letter thanking all candidates for the position and 35                       commending them for their interest in the District.
36

37

38

39	Procedure History: 40	Promulgated on: 41	Reviewed on:
42	Revised on:	August 28, 2007

1	Hardin Public Schools	R 2

3	THE BOARD OF TRUSTEES	1420F 4

5	Notice Regarding Public Comment 6

7	MTSBA recommends that you attach the following notice to your agendas for your regular 8	Board meetings and/or have the Board Chairperson read it aloud at the beginning of the
9	Board meeting, until the public becomes educated about the process: 10

11	Montana law requires school districts and other public agencies to include on the agenda for 12	public meetings an item allowing public comment on any public matter not otherwise
13	specifically listed on the agenda that is within the jurisdiction of the agency. As has also been 14	the practice of the District, and in accordance with Montana law, if any member desires to speak 15	to an item that is specifically listed/identified on the agenda, you will be allowed to do so when 16	the item comes up for discussion and action. The public comment portion of the agenda is not 17	the time designated to hear items that are specifically listed/identified on the agenda.
18

19	For those individuals who desire to address the Board during the “public comment” portion of 20	the meeting, if you haven’t already done so, please sign your name to the sheet located at the 21	door and indicate the general topic on which you will be commenting. The Board Chairperson 22	will call individuals to speak in the order listed on the sheet provided. The Board would like to
23	remind everyone in attendance that to avoid violations of individual rights of privacy, a member 24	of the public wishing to address the Board during this time will not be allowed to make
25	comments about any student, staff member, or member of the general public during his/her

26	designated time to speak. In addition the Board will not hear comments on contested cases or 27	other adjudicative proceedings.
28

29	Depending on the number of persons who wish to address the Board, the Board Chairperson may 30	place reasonable time limits on comments, in order to maintain and ensure effective and efficient 31	operations of the Board.
32

33	By law the District cannot take any action on any matter discussed during the “public comment” 34	portion of the meeting, until such time as the matter is specifically noticed on the agenda, and the 35	public has been allowed the opportunity to comment.

1	Hardin Public Schools 2

3	THE BOARD OF TRUSTEES	1620P 4

5	Evaluation of the Board 6

7	Each trustee shall annually review the code of ethics as a basis for evaluating his/her own

8	conduct as an elected representative of the Board. Collectively, the Board may evaluate its own 9	performance in terms of its four (4) major functions:
10

11	1.	Curriculum and Instruction. The Board should demonstrate its responsibility for 12                       providing educational leadership by:
13	a.	Assessing the nature of the programs desired by the community;

14	b.	Formulating educational goals based on the needs and values of the community; 15	c.	Encouraging curriculum development activities directed towards goals;
16	d.	Approving materials, equipment, and/or methods consistent with goals; and 17	e.	Requiring and monitoring periodic evaluations of school programs.
18

19	2.	Policy Development. The Board shall demonstrate its policy development 20                       responsibilities by:
21	a.	Enacting policies that provide a definite course of action;

22	b.	Soliciting input from staff, students, and citizens before final adoption; 23	c.	Monitoring the implementation of policies;
24	d.	Reviewing policy and revising policy when change is necessary; and

25	e.	Reviewing Board and administrative procedures for consistency with policy. 26

27	3.	Management. The Board should demonstrate its management responsibility by: 28                       a.	Reviewing budget proposals;
29                       b.          Reviewing revenues and expenditures; 30                       c.          Reviewing proposed labor agreements;
31	d.	Reviewing staffing recommendations and evaluations;

32	e.	Reviewing building and grounds maintenance and needs; 33	f.	Reviewing transportation services; and
34	g.	Initiating and reviewing internal and external audits. 35

36	4.	Communication With the Public. The Board should facilitate an interaction between 37                       school and community by:
38	a.	Distributing newsletters, descriptive reports, etc.;

39	b.	Holding planning and informational meetings in the community;

40	c.	Encouraging and providing for representative citizens to serve on special 41                                     committees;
42	d.	Soliciting opinion through the use of surveys and other means; and 43	e.	Establishing and maintaining positive media contacts.
44

45	Policy History: 46	Adopted on:
47	Reviewed on:

48	Revised on:	August 28, 2007

HARDIN PUBLIC SCHOOLS R = required
2000 SERIES INSTRUCTION

TABLE OF CONTENTS

Procedures

2150P	Extracurricular Program R 2160P	Title I Parent Involvement R 2161P	Special Education
R 2162P	Section 504 of the Rehabilitation Act of 1973 (“Section 504”) 2170P	Montana Digital Academy Classes
R 2310P	Selection of Library Materials

R 2311P	Selection, Adoption, and Removal of Textbooks and Instructional Materials
2311F	Citizen’s Request for Reconsideration of Instructional Materials R 2312P	Copyright Compliance
2421F	Promotion and Retention

1	Hardin Public Schools 2

3	INSTRUCTION	2150P 4

5	Extracurricular Program 6

7	The extracurricular program, as defined in policy, consists of: 8

9	1.	Activities which are recognized by the student activity account; or

10	2.	Those activities which satisfy the conditions and criteria incorporated into Policy 2150. 11

12	Activities which operate within the student activity account program must have met all 13	conditions as specified in the student body constitution.
14

15	When an activity does not satisfy the extracurricular program conditions, or such association is 16	not found to be necessary or beneficial, the group and a proposed staff member/sponsor may 17	seek approval and recognition from the school principal. Each approved group shall operate 18	under the guidelines set forth by the principal, including but not limited to objectives,
19	membership, supervision, proposed activities, and funding. 20

21	Recognized extracurricular groups shall have use of school facilities and equipment under terms 22	set forth by the school principal. Groups that are not recognized as a part of the extracurricular 23	program may apply for use of school facilities under conditions set forth in Policy 4330 – Use of 24	School Facilities.
25

26	When organizations involving boys and/or girls of student age wish to announce and/or promote 27	a forthcoming activity through the school (bulletin board, etc.), the organization shall be
28	requested to describe its plans to the principal, through the student council, prior to any activity 29	being announced or promoted within the school. Ticket sales and other promotional activities 30	may be permitted at the school, subject to the approval and conditions set forth by the principal. 31	This cooperation shall in no way require the classroom teacher to supervise or assist with the
32	activity, shall carry no direct or implied endorsement, shall not be disruptive to classroom 33	instruction, and shall involve the principal only to the extent that he/she approves, denies, or 34	modifies the proposed promotional activity. Such advertising promotion and ticket sales for
35	independent activities shall carry a statement indicating the sponsor of the activity. Should the 36	sponsoring group wish to hold these activities on campus, appropriate rental arrangements may 37	be made through Policy 4330 – Use of School Facilities.
38

39

40

41	Policy History: 42	Promulgated on: 43	Reviewed on:
44	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Title I Parent Involvement

6

R

2160P page 1 of 2

7	In order to achieve the level of Title I parent involvement desired by District policy on this topic, 8	these procedures guide the development of each school’s annual plan designed to foster a
9	cooperative effort among parents, school, and community. 10

11	Guidelines 12

13	Parent involvement activities developed at each school will include opportunities for: 14

15		Volunteering;

16		Parent education;

17		Home support for the child’s education;

18		Parent participation in school decision making.

19

20	The school system will provide opportunities for professional development and resources for 21	staff and parents/community regarding effective parent involvement practices.
22

23	Roles and Responsibilities 24

25	Parents 26

27	It is the responsibility of the parent to:

28

29	 30	 31	

32

33	 34

35	Staff

36

Actively communicate with school staff;
Be aware of rules and regulations of school;
Take an active role in the child’s education by reinforcing at home the skills and knowledge the student has learned in school;
Utilize opportunities for participation in school activities.

37	It is the responsibility of staff to: 38

39		Develop and implement a school plan for parent involvement; 40		Promote and encourage parent involvement activities;
41		Effectively and actively communicate with all parents about skills, knowledge, and

42	attributes students are learning in school and suggestions for reinforcement;
43		Send information to parents of Title I children in a format and, to the extent practicable, 44                       in a language the parents can understand.

45 46

1 2 3
4	Community

5
6	Community members who volunteer in the schools have the responsibility to:

2160P page 2 of 2

7

8		Be aware of rules and regulations of the school;

9		Utilize opportunities for participation in school activities.

10

11	Administration 12

13	It is the responsibility of the administration to: 14

15		Facilitate and implement the Title I Parent Involvement Policy and Plan; 16		Provide training and space for parent involvement activities;
17		Provide resources to support successful parent involvement practices;

18		Provide in-service education to staff regarding the value and use of contributions of

19	parents and how to communicate and work with parents as equal partners;
20		Send information to parents of Title I children in a format and, to the extent practicable, 21                       in a language the parents can understand.

22 23
24

25	Procedure History: 26	Promulgated on: 27	Reviewed on:
28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Special Education

6

R

2161P page 1 of 5

7	The Superintendent shall place the annual application on the agenda of a regular meeting of the 8	Board, for action prior to submission to the state educational agency for final approval.
9

10	Child Find 11

12	The District shall be responsible for the coordination and management of locating, identifying, 13	and evaluating all disabled children ages zero (-0-) through twenty-one (21). Appropriate staff 14	will design the District’s Child Find plan in compliance with all state and federal requirements 15	and with assistance from special education personnel who are delegated responsibility for
16	implementing the plan. 17

18	The District’s plan will contain procedures for identifying suspected disabled students in private 19	schools as identified in 34 C.F.R. 530.130 and 530.131(f), students who are home schooled,
20	homeless children, as well as public facilities located within the geographic boundaries of the 21	District. These procedures shall include screening and development criteria for further
22	assessment. The plan must include locating, identifying, and evaluating highly mobile children 23	with disabilities and children who are suspected of being a child with a disability and in need of 24	special education, even though the child is and has been advancing from grade to grade. The
25	District’s Child Find Plan must set forth the following: 26

27	1.	Procedures used to annually inform the public of all child find activities, for children zero 28                       through twenty-one;
29	2.	Identity of the special education coordinator;

30	3.	Procedures used for collecting, maintaining, and reporting data on child identification; 31	4.	Procedures for Child Find Activities (including audiological, health, speech/language, 32                       and visual screening and review of data or records for students who have been or are
33	being considered for retention, delayed admittance, long-term suspension or expulsion or 34	waiver of learner outcomes) in each of the following age groups:
35	A.	Infants and Toddlers (Birth through Age 2)

36	Procedures for referral of infants and toddlers to the appropriate early intervention 37	agency, or procedures for conducting child find.
38	B.	Preschool (Ages 3 through 5)

39	Part C Transition planning conferences; frequency and location of screenings; 40	coordination with other agencies; follow-up procedures for referral and
41	evaluation; and procedures for responding to individual referrals. 42                       C.	In-School (Ages 6 through 18)
43	Referral procedures, including teacher assistance teams, parent referrals, and

44	referrals from other sources; and follow-up procedures for referral and evaluation. 45                       D.	Post-School (Ages 19 through 21)
46	Individuals who have not graduated from high school with a regular diploma and

1	2161P 2                                                                                                                                                                                  page 2 of 5 3
4	who were not previously identified. Describe coordination efforts with other 5	agencies.
6	E.	Private Schools (This includes home schools.)

7	Child find procedures addressing the provisions of A.R.M. 10.16.3125(1); follow-8	up procedures for referral and evaluation.
9	F.	Homeless Children 10

11	Procedures for Evaluation and Determination of Eligibility 12

13	Procedures for evaluation and determination of eligibility for special education and related 14	services are conducted in accordance with the procedures and requirements of 34 C.F.R. 15	300.301-300.311 and the following state administrative rules:
16

17	10.16.3320 - Referral;

18	10.60.103 - Identification of Children with Disabilities;

19	10.16.3321 - Comprehensive Educational Evaluation Process. 20

21	Procedural Safeguards and Parental Notification 22

23	The District implements the procedural safeguard procedures as identified in 34 C.F.R. 300.500 -24	300.530.
25

26	A copy of the procedural safeguards available to the parents of a child with a disability must be 27	given to the parents only one time a school year, except that a copy also must be given to the
28	parents:
29		Upon initial referral or parent request for evaluation;
30		Upon receipt of the first State complaint under 34 CFR 300.151 through 300.153 and 31                       upon receipt of the first due process complaint under 34 CFR 300.507 in a school year; 32		In accordance with the discipline procedures in 34 CFR 300.530(h) (…on the date on
33	which the decision is made to make a removal that constitutes a change of placement of a 34	child with a disability because of a violation of a code of student conduct, the LEA
35	must…provide the parents the procedural safeguards notice); and 36               	Upon request by a parent.

37

38	A public agency also may place a current copy of the procedural safeguard notice on its internet 39	website, if a web site exists. [34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]
40

41	The referral for special education consideration may be initiated from any source, including

42	school personnel. To initiate the process, an official referral form must be completed and signed 43	by the person making the referral. The District shall accommodate a parent who cannot speak 44	English and therefore cannot complete the District referral form. Recognizing that the referral 45	form is a legal document, District personnel with knowledge of the referral shall bring the
46	referral promptly to the attention of the Evaluation Team.

1	2161P 2                                                                                                                                                                                  page 3 of 5 3
4	The District shall give written notice to the parent of its recommendation to evaluate or not to 5	evaluate the student. The parent will be fully informed concerning the reasons for which the
6	consent to evaluate is sought. Written parental consent will be obtained before conducting the 7	initial evaluation or before reevaluating the student.
8

9	The recommendation to conduct an initial evaluation or reevaluation shall be presented to the

10	parents in their native language or another mode of communication appropriate to the parent. An 11	explanation of all the procedural safeguards shall be made available to the parents when their
12	consent for evaluation is sought. These safeguards will include a statement of the parents’ rights 13	relative to granting the consent.
14

15	Evaluation of Eligibility 16

17	Evaluation of eligibility for special education services will be consistent with the requirements of 18	34 C.F.R. 300.301 through 300.311 regarding Procedures for Evaluation and Determination of 19	Eligibility; and shall also comply with A.R.M. 10.16.3321.
20

21	Individualized Education Programs 22

23	The District develops, implements, reviews, and revises individualized education programs (IEP) 24	in accordance with the requirements and procedures of 34 C.F.R. 300.320-300.328.
25

26	Least Restrictive Environment 27

28	To the maximum extent appropriate, children with disabilities, including children in public or 29	private institutions or other care facilities, are educated with children who are nondisabled, and
30	special classes, separate schooling, or other removal of children with disabilities from the regular 31	class occurs only if the nature or severity of the disability is such that education in regular
32	classes, with the use of supplementary aids and services, cannot be achieved satisfactorily. 33	Educational placement decisions are made in accordance with A.R.M. 10.16.3340 and the 34	requirements of 34 C.F.R. 300.114 - 300.120, and a continuum of alternate placements is 35	available as required in 34 C.F.R. 300.551.
36

37	Children in Private Schools/Out-of District Placement 38

39	Children with a disability placed in or referred to a private school or facility by the District, or 40	other appropriate agency, shall receive special education and related services in accordance with 41	the requirements and procedures of 34 C.F.R. 300.145 through 300.147 and A.R.M. 10.16.3122 42
43	As set forth under 34 C.F.R. 300.137, children with a disability placed in or referred to a private 44	school or facility by parents do not have an individual right to special education and related
45	services at the District’s expense. When services are provided to children with disabilities placed 46	by parents in private schools, the services will be in accordance with the requirements and

1 2
3

4	procedures of 34 C.F.R. 300.130 through 300.144 and 300.148. 5

6	Impartial Due Process Hearing

7

2161P page 4 of 5

8	The District shall conduct the impartial hearing in compliance with the Montana Administrative 9	Rules on matters pertaining to special education controversies.
10

11	Special Education Records and Confidentiality of Personally Identifiable Information 12

13	A.	Confidentiality of Information 14

15	The District follows the provisions under the Family Educational Rights and Privacy Act and 16	implements the procedures in 34 C.F.R. 300.610-300.627, § 20-1-213, MCA, and A.R.M.
17	10.16.3560. 18

19	B.	Access Rights 20

21	Parents of disabled students and students eighteen (18) years or older, or their representative, 22	may review any educational records which are designated as student records collected,
23	maintained, and used by the District. Review shall normally occur within five (5) school days 24	and in no case longer than forty-five (45) days. Parents shall have the right to an explanation or 25	interpretation of information contained in the record. Non-custodial parents shall have the same 26	right of access as custodial parents, unless there is a legally binding document specifically
27	removing that right. 28

29	C.	List of Types and Locations of Information. 30

31	A list of the records maintained on disabled students shall be available in the District office.

32	Disabled student records shall be located in the respective special education classrooms, where 33	they are available for review by authorized District personnel, parents, and adult students.
34	Special education teachers will maintain an IEP file in their classrooms. These records will be

35	maintained under the direct supervision of the teacher and will be located in a locked file cabinet. 36	A record-of-access sheet in each special education file will specify the District personnel who
37	have a legitimate interest in viewing these records. 38

39	D.	Safeguards 40

41	The District will identify in writing the employees who have access to personally identifiable 42	information, and provide training on an annual basis to those staff members.
43

44	E.	Destruction of Information 45

46	The District will inform parents five (5) years after the termination of special education services

1	2161P 2                                                                                                                                                                                  page 5 of 5 3
4	that personally identifiable information is no longer needed for program purposes. The parent 5	will be advised that such information may be important to establish eligibility for certain adult 6	benefits. At the parent’s request, the record information shall either be destroyed or made
7	available to the parent or to the student if eighteen (18) years or older. Reasonable effort shall be 8	made to provide the parent with notification sixty (60) days prior to taking any action on
9	destruction of records. Unless consent has been received from the parent to destroy the record, 10	confidential information will be retained for five (5) years beyond legal school age.
11

12	F.	Children’s Rights 13

14	Privacy rights shall be transferred from the parent to an adult student at the time the student

15	attains eighteen (18) years of age, unless some form of legal guardianship has been designated 16	due to the severity of the disabling condition.
17

18	Discipline 19

20	Students with disabilities may be suspended from school the same as students without disabilities 21	for the same infractions or violations for up to ten (10) consecutive school days. Students with 22	disabilities may be suspended for additional periods of not longer than ten (10) consecutive
23	school days for separate, unrelated incidents, so long as such removals do not constitute a change 24	in the student’s educational placement. However, for any additional days of removal over and
25	above ten (10) school days in the same school year, the District will provide educational services 26	to a disabled student, which will be determined in consultation with at least one of the child’s
27	teachers, determining the location in which the services will be provided. The District will 28	implement the disciplinary procedures in accord with the requirements of CFR 300.530 -29	300.537.
30

31	Legal Reference: 32
33 34 35 36 37 38 39 40 41 42
43

34 CFR 300.1, et seq. § 20-1-213, MCA 10.16.3122 ARM

10.16.3129 ARM 10.16.3220 ARM 10.16.3321 ARM 10.16.3322 ARM 10.16.3340 ARM

10.16.3342 ARM 10.16.3560 ARM 10.60.103 ARM

Individuals with Disabilities Act (IDEA) Transfer of school records
Local Educational Agency Responsibility for Students with Disabilities
Parental Involvement Program Narrative
Comprehensive Educational Evaluation Process Composition of a Child Study Team Individualized Education Program and Placement Decisions
Transfer Students: Intrastate and Interstate Special Education Records
Identification of Children with Disabilities

44

45	Procedure History: 46	Promulgated on: 47	Reviewed on:
48	Revised on:	1/13/09

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Section 504 of the Rehabilitation Act of 1973 (“Section 504”)

6

R

2162P page 1 of 2

7	(1)	Impartial Due Process Hearing. If the parent or legal guardian of a student who qualifies 8                       under Section 504 for special instruction or related services disagrees with a decision of 9                       the District with respect to: (1) the identification of the child as qualifying for Section
10	504; (2) the District’s evaluation of the child; and/or (3) the educational placement of the 11	child, the parents of the student are entitled to certain procedural safeguards. The student 12	shall remain in his/her current placement until the matter has been resolved through the 13	process set forth herein.
14

15	A.	The District shall provide written notice to the parent or legal guardian of a 16                                     Section 504 student, prior to initiating an evaluation of the child and/or
17	determining the appropriate educational placement of the child, including special 18	instruction and/or related services;
19

20	B.	Upon request, the parent or legal guardian of the student shall be allowed to 21                                     examine all relevant records relating to the child’s education and the District’s 22                                     identification, evaluation, and/or placement decision;
23

24	C.	The parent or legal guardian of the student may make a request in writing for an 25                                     impartial due process hearing. The written request for an impartial due process 26                                     hearing shall identify with specificity the areas in which the parent or legal
27	guardian is in disagreement with the District; 28

29	D.	Upon receipt of a written request for an impartial due process hearing, a copy of 30                                     the written request shall be forwarded to all interested parties within three (3)
31	business days; 32

33	E.	Within ten (10) days of receipt of a written request for an impartial due process 34                                     hearing, the District shall select and appoint an impartial hearing officer who has 35                                     no professional or personal interest in the matter. In that regard, the District may 36                                     select a hearing officer from the list of special education hearing examiners
37	available at the Office of Public Instruction, the county superintendent or any 38	other person who would conduct the hearing in an impartial and fair manner; 39
40	F.	Once the District has selected an impartial hearing officer, the District shall

41	provide the parent or legal guardian and all other interested parties with notice of 42	the person selected;
43

44	G.	Within five (5) days of the District’s selection of a hearing officer, a pre-hearing 45                                     conference shall be scheduled to set a date and time for a hearing, identify the 46                                     issues to be heard, and stipulate to undisputed facts to narrow the contested

1 2
3

4	factual issues;

5

2162P page 2 of 2

6	H.	The hearing officer shall, in writing, notify all parties of the date, time, and 7                                     location of the due process hearing;
8

9	I.	Anytime prior to the hearing, the parties may mutually agree to submit the matter 10                                     to mediation. A mediator may be selected from the Office of Public Instruction’s 11                                     list of trained mediators;
12

13	J.	At the hearing, the District and the parent or legal guardian may be represented by 14                                     counsel;
15

16	K.	The hearing shall be conducted in an informal but orderly manner. Either party 17                                     may request that the hearing be recorded. Should either party request that the 18                                     hearing be recorded, it shall be recorded using either appropriate equipment or a 19                                     court reporter. The District shall be allowed to present its case first. Thereafter 20                                     the parent or legal guardian shall be allowed to present its case. Witnesses may 21                                     be called to testify, and documentary evidence may be admitted; however,
22	witnesses will not be subject to cross-examination, and the Montana Rules of

23	Evidence will not apply. The hearing officer shall make all decisions relating to 24	the relevancy of all evidence intended to be presented by the parties. Once all 25	evidence has been received, the hearing officer shall close the hearing. The
26	hearing officer may request that both parties submit proposed findings of fact, 27	conclusions, and decision;
28

29	L.	Within twenty (20) days of the hearing, the hearing examiner should issue a 30                                     written report of his/her decision to the parties;
31

32	M.	Appeals may be taken as provided by law. The parent or legal guardian may

33	contact the Office of Civil Rights, 1244 Speer Boulevard, Suite 310, Denver, CO 34	80204-3582; (303) 844-5695 or (303) 844-5696.
35

36	(2)	Uniform Complaint Procedure. If a parent or legal guardian of the student alleges that 37                       the District and/or any employee of the District has engaged in discrimination or
38	harassment of the student, the parent or legal guardian will be required to proceed 39	through the District’s Uniform Complaint Procedure.
40

41	Legal Reference: 42

43	Procedure History: 44	Promulgated on: 45	Reviewed on:
46	Revised on:

34 C.F.R. 104.36	Procedural safeguards

August 28, 2007

1	Hardin Public Schools	R 2

3	INSTRUCTION	2310P 4

5	Selection of Library Materials 6

7	Selection of library materials is a professional task conducted by library staff. In selecting 8	library materials, the librarian will evaluate the existing collection; assess curricula needs; 9	examine materials; and consult reputable, professionally prepared selection aids.
10

11	Weeding 12

13	When materials no longer meet criteria for selection, they will be weeded. Weeding is a

14	necessary aspect of selection, since every library will contain works which may have answered a 15	need at the time of acquisition, but which, with the passage of time, have become obsolete,
16	dated, unappealing, or worn out. 17

18	Discarded materials will be clearly stamped: 19

20	“WITHDRAWAL FROM HARDIN PUBLIC SCHOOLS LIBRARY” 21

22	Materials will be discarded in compliance with § 20-6-604, MCA. When the decision to sell or 23	dispose of library materials is made, the Board will adopt a resolution to sell or otherwise
24	dispose of the material because it is or is about to become abandoned, obsolete, undesirable, or 25	unsuitable for the school purposes of the District. The Board will publish a notice of the
26	resolution in the newspaper of general circulation in Hardin. The resolution may not become 27	effective for fourteen (14) days after notice is published.
28

29	Gifts 30

31	Gift materials may be accepted with the understanding they must meet criteria set for book 32	selection.
33

34

35

36	Procedure History: 37	Promulgated on: 38	Reviewed on:
39	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION	2311F 4

5	Citizen’s Request for Reconsideration of Instructional Materials 6

7	Request Initiated by: ________________________________________________ 8

9	Telephone: ___________________ Address: _____________________________ 10

11	Complainant Represents: __________________________Himself

12	_______________________________________________(Name of Organization) 13

14	The material I (we) object to is of the following type: 15

16	Film _____	Recording _____	Magazine _____	Pamphlet _____ 17	Library book _____	Text book _____	Other _____
18

19	Is this material, to your knowledge, on a student reading list? _____Yes	_____No 20

21	Title __________________________Publisher____________________________ 22

23	1.	Are you familiar with the District’s objectives in using this material? ___________ 24

25	2. Are you familiar with the District’s philosophy regarding selection of instructional 26                       materials? ___________________________________________________________ 27
28	3. To what in the material(s) do you object? Please be specific, cite pages or selections. 29                       ____________________________________________________________________ 30                       ____________________________________________________________________ 31
32	4. What do you feel might be the result of reading, seeing, or using this material?______ 33                       _____________________________________________________________________ 34                       _____________________________________________________________________ 35
36	5. For what age group would you recommend this material(s) _____________________ 37

38	6. Is there anything of value in this material? ___________________________________ 39                       _____________________________________________________________________ 40
41	7. Did you read, hear, or see the entire content? _________________________________ 42                       If not, what parts did you read, hear, or see. __________________________________ 43
44	8. Are you aware of the judgment of this material by literary or subject matter critics?___ 45

46

Page 1 of 2

1

2	9. What do you believe is the theme of this material? _____________________________ 3                       ______________________________________________________________________ 4
5	10. What would you like the school to do about this material? 6                              a. Do not assign it to my child: ________________ 7                              b. Do not give it to my child: __________________ 8                              c. Withhold it from all students: _______________ 9
10	In its place, what material of equal quality would you recommend that would convey as valuable 11	a picture and perspective? ________________________________________________________ 12	_____________________________________________________________________________ 13

14

15	_______________________________________ 16	Signature

____________________________ Date

Page 2 of 2

1	Hardin Public Schools	R 2

3	INSTRUCTION	2311P 4

5	Selection, Adoption, and Removal of Textbooks and Instructional Materials 6

7	Content area committees will generally be responsible to recommend textbooks and major

8	instructional materials purchases. Recommendations will be made to the Superintendent. The 9	function of the committees is to ensure that materials are selected in conformance with stated
10	criteria and established District goals and objectives. A content area committee may consist of 11	only those members in a particular department. The same basic selection procedures should be 12	followed as with District-wide committees.
13

14	Selection and Adoption 15

16	Textbooks shall be selected by a curriculum committee representing the various staff who will 17	likely be using the text. In most, but not all, cases an administrator will chair the committee. 18	Each committee should develop, prior to selection, a set of selection criteria against which
19	textbooks will be evaluated. The criteria should include the following, along with other 20	appropriate criteria. Textbooks shall:
21

22		Be congruent with identified instructional objectives;

23		Present more than one viewpoint on controversial issues; 24		Present minorities realistically;
25		Present non-stereotypic models;

26		Facilitate the sharing of cultural differences; 27		Be priced appropriately.

28

29	Removal 30

31	Textbooks may be removed when they no longer meet the criteria for initial selection, when they 32	are worn out, or when they have been judged inappropriate through the Learning Materials
33	Review Process. 34

35

36

37	Procedure History: 38	Promulgated on: 39	Reviewed on:
40	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	INSTRUCTION 4

5	Copyright Compliance 6

7	Authorized Reproduction and Use of Copyrighted Material in Print

R

2312P page 1 of 5

8
9		Materials on the Internet should be used with caution since they may, and likely are, 10                       copyrighted.
11		Proper attribution (author, title, publisher, place and date of publication) should always 12                       be given.
13		Notice should be taken of any alterations to copyrighted works, and such alterations 14                       should only be made for specific instructional objectives.
15		Care should be taken in circumventing any technological protection measures. While 16                       materials copied pursuant to fair use may be copied after circumventing technological 17                       protections against unauthorized copying, technological protection measures to block 18                       access to materials may not be circumvented.

19

20	In preparing for instruction, a teacher may make or have made a single copy of a chapter from a 21	book; an article from a newspaper or periodical; a short story, short essay, or short poem; or a 22	chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. A
23	teacher may make multiple copies, not exceeding more than one (1) per student, for classroom 24	use if the copying meets the tests of “brevity, spontaneity and cumulative effect” set by the
25	following guidelines. Each copy must include a notice of copyright. 26

27	1.	Brevity 28

29	a.	A complete poem, if less than 250 words and two pages long, may be copied; 30                                     excerpts from longer poems cannot exceed 250 words.
31	b.	Complete articles, stories or essays of less than 2500 words or excerpts from

32	prose works less than 1000 words or 10% of the work, whichever is less, may be 33	copied; in any event, the minimum is 500 words. (Each numerical limit may be 34	expanded to permit the completion of an unfinished line of a poem or prose
35	paragraph.)

36	c.	One chart, graph, diagram, drawing, cartoon, or picture per book or periodical

37	issue may be copied. “Special” works cannot be reproduced in full; this includes 38	children’s books combining poetry, prose, or poetic prose.
39

40	2.	Spontaneity. Should be at the “instance and inspiration” of the individual teacher when 41                       there is not a reasonable length of time to request and receive permission to copy.
42

43	3.	Cumulative Effect. Teachers are limited to using copied material for only one (1) course 44                       in the school in which copies are made. No more than one (1) short poem, article, story 45                       or two (2) excerpts from the same author may be copied, and no more than three (3)
46	works can be copied from a collective work or periodical issue during one (1) class term.

1	2312P 2                                                                                                                                                                                  page 2 of 5 3
4	Teachers are limited to nine (9) instances of multiple copying for one (1) course during

5	one (1) class term. Limitations do not apply to current news periodicals, newspapers, and 6	current news sections of other periodicals.
7

8	Performances by teachers or students of copyrighted dramatic works without authorization from 9	the copyright owner are permitted as part of a teaching activity in a classroom or instructional
10	setting. All other performances require permission from the copyright owner. 11

12	The copyright law prohibits using copies to replace or substitute for anthologies, consumable

13	works, compilations, or collective works. “Consumable” works include: workbooks, exercises, 14	standardized tests, test booklets, and answer sheets. Teachers cannot substitute copies for the 15	purchase of books, publishers’ reprints or periodicals, nor can they repeatedly copy the same
16	item from term-to-term. Copying cannot be directed by a “higher authority,” and students cannot 17	be charged more than actual cost of photocopying. Teachers may use copyrighted materials in
18	overhead or opaque projectors for instructional purposes. 19

20	Authorized Reproduction and Use of Copyrighted Materials in the Library 21

22	A library may make a single copy or three digital copies of an unpublished work which is in its 23	collection; a published work in order to replace it because it is damaged, deteriorated, lost or 24	stolen, provided the unused replacement cannot be obtained at a fair price; and a work that is
25	being considered for acquisition, although use is strictly limited to that decision. Technological 26	protection measures may be circumvented for purposes of copying materials in order to make an 27	acquisition decision.
28

29	A library may provide a single copy of copyrighted material to a student or staff member at no 30	more than the actual cost of photocopying. The copy must be limited to one (1) article of a
31	periodical issue or a small part of other material, unless the library finds that the copyrighted 32	work cannot be obtained elsewhere at a fair price. In the latter circumstance, the entire work 33	may be copied. In any case, the copy shall contain the notice of copyright, and the student or 34	staff member shall be notified that the copy is to be used only for private study, scholarship, or 35	research. Any other use may subject the person to liability for copyright infringement.
36

37	At the request of a teacher, copies may be made for reserve use. The same limits apply as for 38	single or multiple copies designated in “Authorized Reproduction and Use of Copyrighted
39	Material in Print.” 40

41	Authorized Reproduction and Use of Copyrighted Music or Dramatic Works 42

43	Teachers may:
44		Make a single copy of a song, movement, or short section from a printed musical or dramatic 45                       work that is unavailable except in a larger work for purposes of preparing for instruction;
46		Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical 47                       work if it is to be used for academic purposes other than performance, provided that the excerpt

1	2312P 2                                                                                                                                                                         page 3 of 5 3
4	does not comprise a part of the whole musical work which would constitute a performable unit 5	such as a complete section, movement, or song;
6		In an emergency, a teacher may make and use replacement copies of printed music for an 7                       imminent musical performance when the purchased copies have been lost, destroyed or are 8                       otherwise not available.
9		Make and retain a single recording of student performances of copyrighted material when it is 10                       made for purposes of evaluation or rehearsal;
11		Make and retain a single copy of excerpts from recordings of copyrighted musical works for use 12                       as aural exercises or examination questions; and,
13		Edit or simplify purchased copies of music or plays provided that the fundamental character of 14                       the work is not distorted. Lyrics shall not be altered or added if none exist.
15
16	Performance by teachers or students of copyrighted musical or dramatic works is permitted without the 17	authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting. 18	The purpose shall be instructional rather than for entertainment.
19
20	Performances of nondramatic musical works that are copyrighted are permitted without the authorization 21	of the copyright owner, provided that:
22		The performance is not for a commercial purpose;
23		None of the performers, promoters or organizers are compensated; and, 24		Admission fees are used for educational or charitable purposes only.

25

26	All other musical and dramatic performances require permission from the copyright owner. Parents or 27	others wishing to record a performance should check with the sponsor to ensure compliance with
28	copyright. 29

30	Recording of Copyrighted Programs 31

32	Television programs, excluding news programs, transmitted by commercial and non-commercial 33	television stations for reception by the general public without charge may be recorded off-air
34	simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained 35	by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of 36	recording. Upon conclusion of this retention period, all off-air recordings must be erased or destroyed
37	immediately. Certain programming such as that provided on public television may be exempt from this 38	provision; check with the [principal, teacher or teacher librarian – choose all that apply or add others] 39	or the subscription database, e.g. unitedstreaming.
40 41
42	USE OF INFORMATION RESOURCES REGULATION 43

44	Off-air recording may be used once by individual teachers in the course of instructional activities, and 45	repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive 46	school days, excluding scheduled interruptions, in the 45 calendar day retention period. Off-air
47	recordings may be made only at the request of and used by individual teachers, and may not be regularly 48	recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the 49	request of the same teacher, regardless of the number of times the program may be broadcast. A limited 50

1	2312P 2                                                                                                                                                                                 page 4 of 5 3
4	number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers. 5	Each additional copy shall be subject to all provisions governing the original recording.
6
7	After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar 8	day retention period only for evaluation purposes, i.e., to determine whether or not to include the
9	broadcast program in the teaching curriculum. Permission must be secured from the publisher before the 10	recording can be used for instructional purposes after the 10 day period.
11
12	Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from 13	their original content. Off-air recordings may not be physically or electronically combined or merged to 14	constitute teaching anthologies or compilations. All copies of off-air recordings must include the
15	copyright notice on the broadcast program as recorded. 16
17	Authorized Reproduction and Use of Copyrighted Computer Software 18

19	Schools have a valid need for high-quality software at reasonable prices. To assure a fair return to the 20	authors of software programs, the school district shall support the legal and ethical issues involved in
21	copyright laws and any usage agreements that are incorporated into the acquisition of software programs. 22	To this end, the following guidelines shall be in effect:
23		All copyright laws and publisher license agreements between the vendor and the school 24                              district shall be observed;
25		Staff members shall take reasonable precautions to prevent copying or the use of 26                              unauthorized copies on school equipment;
27		A back-up copy shall be purchased, for use as a replacement when a program is lost or
28	damaged. If the vendor is not able to supply a replacement, the school district shall make a 29	back-up copy that will be used for replacement purposes only;
30                            A copy of the software license agreement shall be retained by the, [board secretary, 31                              technology director or teacher-librarian - choose all that apply or add others]; and,
32		A computer program may be adapted by adding to the content or changing the language. The 33                              adapted program may not be distributed.
34	
35	Fair Use Guidelines for Educational Multimedia 36

37	Students may incorporate portions of copyrighted materials in producing educational multimedia projects 38	such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or 39	retain the projects.

40
41	USE OF INFORMATION RESOURCES REGULATION 42

43	Educators may perform or display their own multimedia projects to students in support of curriculum-44	based instructional activities. These projects may be used:
45		In face-to-face instruction;
46		In demonstrations and presentations, including conferences; 47		In assignments to students;
48		For remote instruction if distribution of the signal is limited;
49		Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be 50                       saved on-site only; or,

1	2312P 2                                                                                                                                                                                 page 5 of 5 3

4		In their personal portfolios.
5	Educators may use copyrighted materials in a multimedia project for two years, after that permission must 6	be requested and received.
7
8	The following limitations restrict the portion of any given work that may be used pursuant of fair use in 9	an educational multimedia project:
10		Motion media: ten percent or three minutes, whichever is less; 11		Text materials: ten percent or 1,000 words, whichever is less;
12		Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author 13                       or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 250 14                       words may be used, but no more than three excerpts from one poet or five excerpts from an
15	anthology;
16		Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations 17                       that change the basic melody or fundamental character of the work;
18		Illustrations, cartoons and photographs: No more that five images by an artist, and no more than 19                       ten percent or fifteen images whichever is less from a collective work;
20		Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less; 21

22	Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of
23	copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before 24	such projects are placed online. The opening screen of such presentations shall include notice that
25	permission was granted and materials are restricted from further use.

26

27

28	Procedure History: 29	Promulgated on: 30	Reviewed on:
31	Revised on:	August 28, 2007, September 25, 2012

1	Hardin Public Schools 2

3	INSTRUCTION	2421F 4

5	PROMOTION AND RETENTION 6

7	Name of Student ___________________________________________Grade ________ 8

9	Summary of Initial Conference:	Conference date:

10	______________________________________________________________________________ 11	______________________________________________________________________________ 12	______________________________________________________________________________ 13	______________________________________________________________________________ 14
15	Summaries of Follow-Up Conferences (include dates):

16	______________________________________________________________________________ 17	______________________________________________________________________________ 18	______________________________________________________________________________ 19	______________________________________________________________________________ 20
21	Final Recommendation of Teacher:

22	______________________________________________________________________________ 23	______________________________________________________________________________ 24
25	Final Parent Response: I do	do not concur that my child should be retained in grade ___. 26	I understand the academic deficiencies as noted by the teacher. I wish to have my child
27	promoted to grade ______________. 28

29	Other comments: _______________________________________________________________ 30	_____________________________________________________________________________ 31
32	Date: _______________________	Signature of Parent: _______________________________ 33

34	Final decision of the District: The student will be ______ promoted _____ retained. 35

36

37	Date: ______________________	Signature of Principal: _____________________________

HARDIN PUBLIC SCHOOLS R = required
3000 SERIES STUDENTS

TABLE OF CONTENTS

Procedures

3121P 3125F 3225F 3231P
R 3300P 3310P 3350F 3415P 3415F 3416F 3431F
3600P - 3600F R 3606F
R 3612P R 3612F

Enrollment and Attendance Records
McKinney-Vento Homeless Assistance Dispute Resolution Form Harassment Reporting Form for Students
Searches and Seizure
Corrective Actions and Punishment Discipline of Students With Disabilities
Activities Mandatory Drug Testing Consent Form Management of Sports Related Concussions
Student Athlete & Parent/Legal Custodian Concussion Statement Montana Authorization to Carry and Self-Administer Medication Accident Report
Student Records Records Certification
Acceptable Use of Electronic Networks Internet Access Conduct Agreement

1	Hardin Public Schools 2

3	STUDENTS 4

5	Enrollment and Attendance Records 6

7	Average Number Belonging

3121P page 1 of 2

8

9        Average Number Belonging (ANB) is the enrollment measure used for the State Foundation 10        Program calculations as defined in § 20-9-311, MCA. The ANB of one year is based on the
11	attendance records of the preceding year. Funding for districts is based on ANB, which is based 12	on “aggregate hours” per year and must be accurate. “Aggregate hours” means the hours of
13	pupil instruction for which a school course or program is offered or for which a pupil is enrolled. 14

15	For a child to be counted for ANB purposes: 16

17	a)	The child must meet the definition of pupil as found in § 20-1-101(11), MCA; 18

19	b)	Attending 181 to 359 aggregate hours = One-quarter time enrollment 20

21	c)	Attending 360 to 539 aggregate hours = One-half time enrollment 22

23	d)	Attending 540 to 719 aggregate hours = Three-quarter time enrollment 24

25	e)	Attending 720 aggregate hours or more = Full-time enrollment 26

27	Enrollment in a program for fewer than 180 aggregate hours of pupil instruction per school year 28	may not be included for ANB purposes, unless the pupil has demonstrated proficiency in the
29	content ordinarily covered by the instruction as determined by the school board using district 30	assessments. The ANB must be converted to an hourly equivalent based on the hours of
31	instruction ordinarily provided for the content over which the student has demonstrated 32	proficiency. 20-9-311(4)(d).
33

34	Homebound Students 35

36	Students who are receiving instructional services, who were in the education program and, due to 37	medical reasons certified by a medical doctor, are unable to be present for pupil instruction, may 38	be counted as enrolled for ANB purposes, if the student:
39

40	a)	Is enrolled and is currently receiving organized and supervised pupil instruction; 41

42	b)	Is in a home or facility which does not offer a regular educational program; and 43

44	c)	Has instructional costs during the absence, which are financed by the District’s general 45                      fund.
46

1	3121P 2                                                                                                                                                                             page 2 of 2 3
4	If a homebound student does not meet the criteria set forth above, the District may request a
5	variance through the Office of Public Instruction, for consideration of the student in the 6	enrollment count for ANB purposes beyond the tenth (10th) day of absence.

7

8	Attendance Accounting 9

10	Days present and absent for every student are to be recorded in each building, for the purpose of 11	informing parents of a student’s attendance record.
12
13	On the first (1st) Monday in October and on February 1st (or the next school day if those dates do 14	not fall on a school day), the number of all enrolled students (whether present or absent) by grade 15	level and class will be recorded on the forms provided by the District. Special education children 16	who are enrolled in special programs sixteen (16) hours or more a week will be listed separately. 17	The Director of Special Education should be contacted to verify this count. Monthly student
18	counts of enrolled children by grade and classroom will be provided by the office.

19 20

21

22	Legal Reference:

23

10.20.102, ARM § 20-1-101, MCA

Calculation of Average Number Belonging (ANB) Definitions

24

25	Procedure History: 26	Promulgated on: 27	Reviewed on:
28	Revised on:	August 28, 2007, June 25, 2013, June 23, 2015

Hardin Public Schools

Adopted on: 6/27/2017 Reviewed on:
3125F	STUDENTS	Revised on:

MCKINNEY-VENTO HOMELESS EDUCATION ASSISTANCE DISPUTE RESOLUTION FORM

School District ___________________________	Liaison _____________________ Telephone __________________

Date of first contact by homeless individual, guardian, or representative ____________

Homeless Student’s Name ________________________________________________

Describe the issue(s) in question ___________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

School District Contact _____________________ Telephone __________________ (Superintendent/Principal)
Date	_______________ (within 7 business days)
Resolution of Liaison/School District Level (describe below)	____	or Forwarded to OPI Homeless Coordinator [please contact at (406) 444-2036) ____

Date	_______________ (within 15 business days)
Resolution to OPI Homeless Coordinator Level (describe below)	____	or Forwarded to Superintendent of Public Instruction ____

Describe Resolution Results _____________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Homeless Coordinator Signature __________________________________________

This form must be filed with	Heather Denny Homeless Coordinator
Office of Public Instruction Po Box 202501
Helena, MT 59620-2501

1	Hardin Public Schools	3225F 2

3	Harassment Reporting Form for Students 4

5	School ______________________________________________ Date ___________________ 6

7	Student’s name _________________________________________________________________ 8                       (If you feel uncomfortable leaving your name, you may submit an anonymous report, but
9	please understand that an anonymous report will be much more difficult to investigate. 10	We assure you that we’ll use our best efforts to keep your report confidential.)

11

12		Who was responsible for the harassment or incident(s)? ______________________________ 13	______________________________________________________________________________ 14

15		Describe the incident(s). ______________________________________________________ 16	______________________________________________________________________________ 17	______________________________________________________________________________ 18
19		Date(s), time(s), and place(s) the incident(s) occurred. _______________________________ 20	______________________________________________________________________________ 21	______________________________________________________________________________ 22
23		Were other individuals involved in the incident(s)? yes	no

24	If so, name the individual(s) and explain their roles. ____________________________________ 25	______________________________________________________________________________ 26	______________________________________________________________________________ 27	______________________________________________________________________________ 28
29		Did anyone witness the incident(s)? yes	no

30	If so, name the witnesses. ________________________________________________________ 31	______________________________________________________________________________ 32	______________________________________________________________________________ 33	______________________________________________________________________________ 34
35		Did you take any action in response to the incident? yes	no

36	If yes, what action did you take? ___________________________________________________ 37	______________________________________________________________________________ 38	______________________________________________________________________________ 39	______________________________________________________________________________ 40
41		Were there any prior incidents? yes	no

42	If so, describe any prior incidents. __________________________________________________ 43	______________________________________________________________________________ 44	______________________________________________________________________________ 45
46	Signature of complainant _________________________________________________________ 47

48	Signatures of parents/legal guardians _______________________________________________

1	Hardin Public Schools 2

3	STUDENTS	3231P 4

5	Searches and Seizure 6

7	The following rules shall apply to any searches and the seizure of any property by school 8	personnel:
9

10	1.	The Superintendent, principal, and the authorized assistants of either shall be authorized 11                       to conduct any searches or to seize property on or near school premises, as further
12	provided in this procedure. 13

14	2. If the authorized administrator has reasonable suspicion to believe that any locker, car, or 15                       other container of any kind on school premises contains any item or substance which 16                       constitutes an imminent danger to the health and safety of any person or to the property 17                       of any person or the District, the administrator is authorized to conduct a search of any 18                       car, locker, or container and to seize any such item or substance of any kind on school 19                       premises without notice or consent.
20

21	3.	No student shall hinder, obstruct, or prevent any search authorized by this procedure. 22

23	4.	Whenever circumstances allow, any search or seizure authorized in this procedure shall 24                       be conducted in the presence of at least one (1) adult witness, and a written record of the 25                       time, date, and results shall be made by the administrator. A copy shall be forwarded to 26                       the Superintendent as soon as possible.
27

28	5.	In any instance where an item or substance is found which would appear to be in

29	violation of the law, the circumstance shall be reported promptly to the appropriate law 30	enforcement agency.
31

32

33	Procedure History: 34	Promulgated on: 35	Reviewed on:
36	Revised on:	August 28, 2007, 4/8/14

Hardin Public Schools

STUDENTS

Discipline of Students With Disabilities

3310P page 1 of 8

Code of Conduct Violations by Students With Disabilities, Resulting in Disciplinary Consequences of Ten (10) School Days or Less

Student commits code of conduct violation for which the disciplinary consequence would result in removal from the student’s placement for ten (10) consecutive school days or less.

↓

School personnel may assign the consequence applicable to non-disabled students for a similar period of time, not to exceed ten (10) consecutive school days. Reg. 300.520(a)(1)(i).
↓

During the first (1st) ten (10) cumulative school days in one (1) school year, the school does not have to provide any services to the student if non-disabled students would not receive services. Reg. 300.121(d)(1).
↓

School personnel may continue to remove the student for disciplinary reasons for up to ten (10) school days at a time throughout the same school year for separate incidents of misconduct, so long as the removals do not constitute a change of placement under Reg. 300.519(b) and are those which would be applied to non-disabled students. Reg. 300.520(a)(1)(i).

- - -

A series of disciplinary removals, each for ten (10) consecutive school days or less, may result in a change of placement if they cumulate to more than ten (10) school days in one (1) school year. School personnel should analyze the length of each removal, the proximity of the removals to each other, and the total amount of time the child is removed. Reg. 300.519(b). If a removal would result in a change of placement, a manifestation determination review (MDR) must first be done. Reg. 300.523(a).

↓

Beginning with the eleventh (11th) day of disciplinary removals in a school year, educational services must be provided.	Reg. 300.520(a)(1)(ii); Reg. 300.121(d)(2)(i)(A). If the removal does not result in a change of placement, school personnel, in consultation with the student’s special education teacher, determine the services to be provided. Reg. 300.121(d)(3)(i).

The educational services to be provided	must	meet	the standard of enabling the student
- - -      to appropriately progress in the general         curriculum         and

appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(A).

↓

3310P page 2 of 8

Beginning with the eleventh (11th) day of disciplinary removals in a school year, the IEP Team must address behavioral issues. If the removal does not result in a change of placement, the IEP Team must meet within ten (10) business days of first removing the student for more than ten (10) school days in a school year, to develop a plan to conduct a functional behavioral assessment, if one was not conducted before the behavior that resulted in the removal. Reg. 300.520(b)(1)(i).

↓

After the functional behavioral assessment is completed, the IEP Team meets as soon as practicable to develop a behavioral intervention plan to address the behavior and implement the plan. Reg. 300.520(b)(2).

↓

If the student is assigned subsequent disciplinary removals in a school year for ten (10) days or less that do not result in a change of placement, the IEP Team members (including the parent) informally review the behavior intervention plan and its implementation to determine if modifications are necessary. Reg. 300.520(c)(2).

- - -

←

If the student’s IEP already includes a behavior intervention plan, within ten (10) business days of first removing the student for more than ten (10) school days in a school year, the IEP Team must meet to review the behavior interven-tion plan and its implementa-tion, and modify the plan and its implementation as necessary to address the behavior. Reg. 300.520(b)(1)(ii).

↓

If one or more team members believe modifications are needed, the IEP Team must meet to modify the plan and its implementation to the extent the IEP Team deems necessary. Reg. 300.520(c)(2).

Code of Conduct Violations by Students With Disabilities for Which Recommended Disciplinary Consequences Would Result in Change of Placement for More Than Ten (10) School Days (Excluding Drug and Weapon Offenses)

Student violates code of conduct, and the recommended disciplinary consequence would result in a removal from the current educational placement for more than ten (10) consecutive school days (alternate placement, expulsion). This constitutes a change of placement.	Reg. 300.519(a).

↓

- - -

The recommended disciplinary consequence may be for a removal from the current educational placement for less than ten (10) consecutive school days, but may constitute a change of placement because the student has already been removed for disciplinary reasons for ten (10) or more school days in the current school year, and the length of each removal, their proximity to each other, and the total amount of time the student has been removed result in a change of placement. Reg. 300.519(b).

3310P page 3 of 8

School personnel may remove from current educational placement for ten (10) school days or less (Reg. 300.520(a)(1)(i)) and recommend further discipline according to the code of conduct. (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled. See pp. 1-2 for educational services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and law enforcement authorities to whom the crime was reported must be provided special education and disciplinary records to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9). Reg. 300.529.
↓

At the time the decision is made to take this action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504.	Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).
↓

Within ten (10) business days, IEP Team and other qualified personnel must meet and review relationship between disability and the behavior subject to disciplinary action (manifestation determination review – MDR). Sec. 1415(k)(4)(A); Reg. 300.523(a)(2), (b). If there has been no previous functional behavioral assessment and creation of a behavior intervention plan, the IEP Team must develop an assessment plan. Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). If the IEP contains a behavior intervention plan, the IEP Team reviews the plan and its implementation and modifies them as necessary to address the behavior.	Reg.
300.520(b)(1)(ii).
↓

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement. The misbehavior is not a manifestation of the disability, if the IEP Team finds that in relationship to the misbehavior subject to discipline:
	The IEP and placement were appropriate;
	Consistent with the content of the student’s IEP and placement, special education services, supplementary aids, and behavior intervention strategies were actually provided;
	The disability did not impair the ability of the student to understand the impact and consequences of the misbehavior; and
	The disability did not impair the ability of the student to control the misbehavior. Sec. 1415(k)(4)(C); Reg. 300.523(c).
↓

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed. Reg. 300.523(d). If IEP Team identified deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

↓

-

3310P page 4 of 8

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(k)(6); Reg. 300.525(a), (b).

If the IEP Team determines the misbehavior	was	not	a manifestation of the disability, regular disciplinary consequences may be applied to the student,
except that the student must	- - -continue to be provided a free

appropriate public education. Sec. 1415(k)(5)(A); Sec. 1412 (a)(1)(A); Reg. 300.121(a); Reg. 300.524(a). The campus must ensure that special education and disciplinary records are transmitted for consideration by the	school	district	person making the final determination regarding       the	disciplinary action. Sec. 1415(k)(5)(B); Reg.
300.524(b).	- - -

Parent may appeal decision to place student in forty-five-(45)-day interim placement.	The hearing is expedited before a special education hearing officer, who applies the standards regarding a dangerous student in Reg. 300.521. Sec. 1415(k)(6)(B)(ii); Reg. 300.525(b)(2).

When a parent requests a hearing in a drug or weapon case to challenge the interim alternative placement or the manifestation determination, student remains in interim placement until decision of hearing officer or forty-five (45) days expires, whichever comes first, unless the parent and school agree otherwise. Reg. 300.526(a). Then student returns to current placement (defined as placement prior to interim alternative educational setting). School can ask for expedited hearing before special education hearing officer to prevent this return, if the student is substantially likely to injure self or others. Reg. 300.526(b), (c). The hearing officer applies the standards in Reg. 300.121. Reg. 300.526(c). Hearing officer can order another placement for up to forty-five (45) days.	Reg. 300.526(c)(3). This procedure may be repeated as necessary. Sec. 1415(k)(7); Reg. 300.526(c)(4).

The standard the educational services must meet is to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121(d)(2)(i)(B); Reg. 300.524(a).	The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121(d)(3)(ii).

Drug and Weapon Offenses by Students With Disabilities

Student carries weapon to school, or possesses, uses, sells, or solicits sale of illegal or controlled substance on school property or at a school function.

↓

Illegal drug – controlled substance. Excludes legally used and possessed prescription drugs.     Sec. 1415(k)(10)(B); Reg. 300.520(d)(2).

Controlled substance – drug or substance in 21 U.S.C. § 812(c), Schedules I-V. Sec. 1415(k)(10)(A); Reg. 300.520 (d)(1).

Weapon – A firearm and more. Something used for or readily capable of causing death or serious bodily injury. Excludes pocket knife with blade of 2½ inches or less. Sec. 1415(k)(10)(D); Reg. 300.520(d)(3).

3310P page 5 of 8

School personnel may remove from current educational placement for ten (10) school days or less, and recommend further discipline according to the code of conduct.	Sec. 1415(k)(1)(A)(i); Reg. 300.520(a)(1)(i). (The ten-(10)-day-or-less alternative must be one equally applicable to non-disabled students.	See pp. 1-2 for education services to be provided during a short removal.) If a criminal act has been committed, charges may be filed, and special education and disciplinary records will be transmitted to law enforcement authorities to whom the crime was reported, to the extent disclosure is permitted by FERPA. Sec. 1415(k)(9); Reg. 300.529.

↓

At time decision is made to take this disciplinary action, school personnel must notify parent of decision and provide procedural safeguards notice in Reg. 300.504.	Sec. 1415(k)(4)(A)(i); Reg. 300.523(a)(1).

↓

Within ten (10) business days, IEP Team must meet and may extend the removal by placing student in appropriate interim alternative educational setting applicable to non-disabled student for same amount of time non-disabled student would be assigned, but not more than forty-five (45) calendar days.	Sec. 1415 (k)(1)(A)(ii) and (3)(A); Reg. 300.520(a)(2); Reg. 300.522(a). IEP Team must review the behavior intervention plan, if one exists, and its implementation and modify, as necessary, to address behavior. Reg. 300.520(b)(1)(ii). If there has been no previous functional behavioral assessment and creation of behavior intervention plan, IEP Team must develop assessment plan. Sec. 1415(k)(1)(B); Reg. 300.520(b)(1)(i). As soon as practicable after the assessment, the IEP Team must meet again to develop and implement the behavior intervention plan. Reg. 300.520(b)(2). The IEP Team and other qualified personnel must review the relationship between disability and the behavior subject to disciplinary action (manifestation determination review-MDR).	Sec. 1415(k)(4)(A); Reg. 300.523 (a)(2)(b).

- - -

The forty-five-(45)-day alterna-tive interim placement must:
	Enable student to progress in	general	curriculum, although in another setting;
	Enable student to continue to receive those services and modifications, includ-ing those described in the student’s IEP, that will enable the student to meet the goals set out in that IEP; and
	Include	services	and modifications designed to address the drug or weapon offense so that it does not recur. Sec. 1415(k)(3)(B); Reg. 300.522; Reg. 300.121 (d)(2)(ii).

Comments	to	regulations: Students may be subject to multiple forty - five - (45) - day interim placements for separate drug and weapon offenses. The forty - five - (45) - day interim placement may be completed even if drug or weapon offense was manifestation of disability. If     misbehavior     was     not     a manifestation      of      disability, regular disciplinary consequence can be applied in addition to forty - five - (45) - day interim placement.

↓

3310P page 6 of 8

For the MDR, the IEP Team must look at all information relevant to the behavior subject to discipline, such as evaluation and diagnostic results, including such results and other relevant information from the parent, observation of the student, and the student’s IEP and placement.	The misbehavior is not a manifestation of the disability if the IEP Team finds that, in relationship to the misbehavior subject to discipline:
	The IEP and placement were appropriate;
	Consistent with the content of the student’s IEP and placement, special education services, supplementary aids and services, and behavior intervention strategies were actually provided;
	The disability did not impair the ability of student to understand the impact and consequences of the misbehavior; and
	The disability did not impair the ability of the student to control the misbehavior.
Sec. 1415(k)(4)(C); Reg. 300.523(c).

↓

If the IEP Team determines any of the standards were not met, the misbehavior was a manifestation of the disability, and no punishment may be assessed.	Reg. 300.523(d).	If IEP Team identifies deficiencies in IEP, placement, or implementation, it must take immediate steps to remedy. Reg. 300.523(f).

- or -

If the IEP Team determines the misbehavior was not a manifestation of the disability, regular disciplinary consequences may be applied to the student, except that the student must continue to be provided a free appropriate public education.	Sec. 1415(k)(5)(A); Sec. 1412(a)(1)(A).	Reg. 300.121(a).       Reg. 300.524(a). The campus must ensure that special education and disciplinary record are transmitted for consideration by the school district person making the final determination regarding the disciplinary action. Sec. 1415(k)(5)(B); Reg. 300.524(b).

- - -

- - -

Parent may appeal a finding that the misbehavior was not a manifestation of the disability. The hearing is expedited before a special education hearing officer, who applies the same standards as the IEP Team. Sec. 1415(i)(6); Reg. 300.525 (a), (b).

If	IEP	Team	finds	no manifestation	and      changes placement to comply with the disciplinary     recommendation, parent       may       appeal       the placement      decision.          The hearing is expedited before a special       education       hearing officer.       Sec. 1415(k)(6)(A); Reg. 300.525(a)(2).

During	appeals,	stay	put applies.     Reg. 300.524(c).     If child is substantially likely to injure self or others in the current placement, the school can	request	an      expedited hearing and request the hearing officer to remove to an interim alternative educational place-ment for up to forty-five (45) days. Standards to be met are those in Sec. 1415(k)(2) and Reg. 300.521.

The standard the education services must meet is to enable the	child	to	appropriately progress       in       the	general curriculum and appropriately advance toward achieving the goals in the IEP. Reg. 300.121 (d)(2)(i)(B); Reg. 300.524(a). The IEP Team must determine what services are necessary to meet this standard. Reg. 300.121 (d)(3)(ii).

3310P page 7 of 8

Students Dangerous to Self or Others

IDEA discipline procedures are followed for a non-drug or weapon offense, the penalty for which would result in expulsion or removal from the student’s placement for more than ten (10) school days.

IEP Team meets, determines no manifestation and recommends discipline proceed.     Parent disagrees and requests a due-process hearing. Stay put applies, and child stays in the current placement, unless school acts to change the placement. Reg. 300.524.

↓

School requests hearing officer to change the placement during the pendency of the hearing because of the

likelihood of injury to self or others. Sec. 1415(k)(2); Reg. 300.521.

↓

Hearing officer holds expedited hearing to consider request. School has burden of proof to show by more than a preponderance of the
evidence that maintaining the child in the current placement is substantially likely to result in injury to self or others.	Sec.	- - -1415(k)(2)(A), (10)(D); Reg. 300.521(a).	Hearing officer must

also:
	Consider the appropriateness of the current placement.
	Consider whether the school has made reasonable effort to minimize the risk of harm in the current placement, including the use of supplemental aids and services.
	Determine that the interim alternative setting proposed by the school personnel, in consultation with special education teacher:
o Enables the student to participate in the general curriculum, although in another setting;
o Enables the student to continue to receive those services and modifications, including those described in the student’s current IEP, that will enable the student to meet the goals set out in the IEP; and
o Include services and modification designed to address the behavior so that it does not recur.
Sec. 1415(k)(2); Reg. 300.521(b), (c), (d); Reg. 300.522(b); Reg. 300.121(d)(2)(ii)(B).

If parent appeals forty-five-(45)-day	interim	alternative placement by IEP Team in drug or weapon case, hearing officer applies     these	standards	in expedited      hearing.            Sec. 1415(k)(6)(B)(ii); Reg. 300.525 (b)(2).

↓

If all requirements are met, hearing officer may order a change of placement to the interim alternative educational setting for up to forty-five (45) days. Sec. 1415(k)(2); Reg. 300.521.

↓

3310P page 8 of 8

Student returns to his or her current placement (the placement prior to the interim alternative educational setting) at end of forty-five (45) days, if no decision has been issued by hearing officer in pending due-process hearing.	If school believes it would be dangerous for student to return to current placement while hearing is still pending, school may request another expedited hearing to again place student in forty-five-(45)-day interim placement while hearing continues to be pending. Reg. 300.526(b), (c)(4). Hearing officer holds same type of hearing initially held when hearing officer ordered first forty-five-(45)-day interim placement.     Sec. 1415(k)(7); Reg. 300.526.	Any subsequent forty-five-(45)-day interim setting must meet the standards in Reg. 300.522.

Procedure History:

Promulgated on:	August 28, 2007 Reviewed on:
Revised on:

1	3350F 2                                       HARDIN PUBLIC SCHOOLS ACTIVITIES MANDATORY
3	DRUG TESTING CONSENT FORM 4

5

6	In order for students to participate in M.H.S.A. and/or Hardin High School sponsored 7	Activities, students and a parent/guardian or caretaker relative must sign this consent 8	form.
9

10	I understand fully that my performance as a participant and the reputation of my school is 11	dependant in part on my conduct as an individual. I hereby agree to accept and abide by the
12	standards, rules, and regulations set forth by the Hardin Public Schools Board of Trustees and the 13	sponsors for the activity in which I participate.
14

15	I authorize the Hardin Public Schools to conduct an Oral Fluids (saliva) Drug Screen Test, which 16	I provide, to test for any illegal drugs, non-prescribed drugs, and/or alcohol use. This test may 17	be done without prior notice at any time during which I am participating in sports/activities. The 18	specimen will be collected by high school personnel from the Activities office and Medical staff. 19	Results will be confirmed by no less than two (2) adults and disclosed to only the Activities
20	office and the principal. Positive tests will be sent to an independent lab for confirmation. Only 21	after two (2) consecutive positive results will a test be deemed positive.

22	Date: ____________________, 20__ 23

24	___________________________________ 25	Student Name (please print)
26

27	___________________________________ 28	Student Signature
29

Date: ________________, 20__

_______________________________________ Parent/Guardian/Caretaker Name (please print)

_______________________________________ Parent/Guardian/Caretaker Signature

30	Home Address: ________________________________________ 31                                        ________________________________________ 32
33	Home Phone:	________________________________________

34	****************************************************************************** 35

36	List of any medication that the student takes regularly or has taken during the past thirty (30) 37	days:
38	_____________________________________________________________________________ 39	_____________________________________________________________________________ 40	_____________________________________________________________________________ 41

42

43	This form must be on file in the Activities Office, before a student will be allowed to 44                                                                      participate in any sport/activity.

Student-Athlete & Parent/Legal Custodian Concussion Statement 3415F

Because of the passage of the Dylan Steiger’s Protection of Youth Athletes Act, schools are required to distribute information sheets for the purpose of informing and educating student-athletes and their parents of the nature and risk of concussion and head injury to student athletes, including the risks of continuing to play after concussion or head injury.     Montana law requires that each year, before beginning practice for an organized activity, a student-athlete and the student-athlete’s parent(s)/legal guardian(s) must be given an information sheet, and both parties must sign and return a form acknowledging receipt of the information to an official designated by the school or school district prior to the student-athletes participation during the designated school year. The law further states that a student-athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from play at the time of injury and may not return to play until the student-athlete has received a written clearance from a licensed health care provider.

Student-Athlete Name:	

This form must be completed for each student-athlete, even if there are multiple student-athletes in each household.

Parent/Legal Custodian Name(s):	

□ We have read the Student-Athlete & Parent/Legal Custodian Concussion Information Sheet. If true, please check box

After reading the information sheet, I am aware of the following information:

Student-Athlete Initials
		Parent/Legal Custodian Initials
	
	A concussion is a brain injury, which should be reported to my parents, my coach(es), or a medical professional if one is available.
		
	A concussion can affect the ability to perform everyday activities such as the ability to think, balance, and classroom performance.
		
	A concussion cannot be “seen.” Some symptoms might be present right away. Other symptoms can show up hours or days after an injury.
		
	I will tell my parents, my coach, and/or a medical professional about my injuries and illnesses.
	N/A
	
	If I think a teammate has a concussion, I should tell my coach(es), parents, or licensed health care professional about the concussion.
	N/A
	
	I will not return to play in a game or practice if a hit to my head or body causes any concussion-related symptoms.
	N/A
	
	I will/my child will need written permission from a licensed health care professional to return to play or practice after a concussion.
		
	After a concussion, the brain needs time to heal. I understand that I am/my child is much more likely to have another concussion or more serious brain injury if return to play or practice occurs before concussion symptoms go away.
		
	Sometimes, repeat concussions can cause serious and long lasting problems.
		
	I have read the concussion symptoms on the Concussion fact sheet.

Signature of Student-Athlete	Date

Signature of Parent/Legal Custodian	Date

A concussion is a type of traumatic brain injury, or TBI, caused by a bump, blow, or jolt to the head that can change the way your brain normally works. Concussions can also occur from a blow to the body that causes the head to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be mild bump or blow to the head can be serious. Concussions can occur in any sport or recreation activity. So, all coaches, parents, and athletes need to learn concussion signs and symptoms and what to do if a concussion occurs.

SIGNS AND SYMPTOMS OF A CONCUSSION

SIGNS OBSERVED BY PARENTS OR GUARDIANS
	SYMPTOMS REPORTED BY YOUR CHILD OR TEEN

•Appears dazed or stunned •Is confused about events •Answers questions slowly •Repeats questions
•Can’t recall events prior to the hit, bump, or fall
•Can’t recall events after the hit, bump, or fall
•Loses	consciousness	(even briefly)
•Shows behavior or personality changes
•Forgets	class	schedule	or assignments
	Thinking/Remembering: •Difficulty thinking clearly
•Difficulty	concentrating	or remembering
•Feeling more slowed down
•Feeling     sluggish,     hazy,     foggy,     or groggy

Physical:
•Headache or “pressure” in head •Nausea or vomiting
•Balance problems or dizziness •Fatigue or feeling tired •Blurry or double vision •Sensitivity to light or noise •Numbness or tingling
•Does not “feel right”
	Emotional: •Irritable •Sad
•More emotional than usual •Nervous

Sleep*: •Drowsy
•Sleeps lessthan usual •Sleeps morethan usual •Has trouble falling asleep

*Only ask about sleep symptoms if the injury occurred on a prior day.

LINKS TO OTHER RESOURCES

•	CDC –Concussion in Sports

o http://www.cdc.gov/concussion/sports/index.html

•	National Federation of State High School Association/ Concussion in Sports - What You Need To Know
o www.nfhslearn.com

•	Montana High School Association – Sports Medicine Page

o http://www.mhsa.org/SportsMedicine/SportsMed.htm

A Fact Sheet for ATHLETES

WHAT IS A CONCUSSION?
A concussion is a brain injury that:
•	Is caused by a bump or blow to the head
•	Can change the way your brain normally works
•	Can occur during practices or games in any sport
•	Can happen even if you haven’t been knocked out
•	Can be serious even if you’ve just been “dinged”

WHAT ARE THE SYMPTOMS OF A CONCUSSION?
•	Headache or “pressure” in head •	Nausea or vomiting
•	Balance problems or dizziness •	Double or blurry vision
•	Bothered by light •	Bothered by noise
•	Feeling sluggish, hazy, foggy, or groggy •	Difficulty paying attention
•	Memory problems •	Confusion
•	Does not “feel right”

WHAT SHOULD I DO IF I THINK I HAVE A CONCUSSION?
•	Tell your coaches and your parents. Never ignore a bump or blow to the head even if you feel fine. Also, tell your coach if one of your teammates might have a concussion.

•	Get a medical checkup. A doctor or health care professional can tell you if you have a concussion and when you are OK to return to play.
•	Give yourself time to get better. If you have had a concussion, your brain needs time to heal. While your brain is still healing, you are much more likely to have a second	concussion.	Second	or	later concussions can cause damage to your brain. It is important to rest until you get approval from a doctor or health care professional to return to play.

HOW CAN I PREVENT A CONCUSSION? Every sport is different, but there are steps you can take to protect yourself.
•	Follow your coach’s rules for safety and the rules of the sport.
•	Practice good sportsmanship at all times.
•	Use the proper sports equipment, including personal protective equipment (such as helmets, padding, shin guards, and eye and mouth guards). In order for equipment to protect you, it must be:

> The right equipment for the game, position, or activity
> Worn correctly and fit well > Used every time you play

Remember, when in doubt, sit them out!

It’s better to miss one game than the whole season.

A Fact Sheet for PARENTS

WHAT IS A CONCUSSION?
A concussion is a brain injury. Concussions are caused by a bump or blow to the head. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump or blow to the head can be serious.
You can’t see a concussion. Signs and symptoms of concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If your child reports any symptoms of concussion, or if you notice the symptoms yourself, seek medical attention right away.

WHAT ARE THE SIGNS AND SYMPTOMS OF A CONCUSSION?
Signs Observed by Parents or Guardians
If your child has experienced a bump or blow to the head during a game or practice, look for any of the following signs and symptoms of a concussion:
•	Appears dazed or stunned
•	Is confused about assignment or position •	Forgets an instruction
•	Is unsure of game, score, or opponent
•	Moves clumsily • Answers questions slowly •	Loses consciousness (even briefly)
•	Shows behavior or personality changes •	Can’t recall events prior to hit or fall
•	Can’t recall events after hit or fall

Symptoms Reported by Athlete
•	Headache or “pressure” in head •	Nausea or vomiting
•	Balance problems or dizziness •	Double or blurry vision
•	Sensitivity to light •	Sensitivity to noise
•	Feeling sluggish, hazy, foggy, or groggy •	Concentration or memory problems
•	Confusion
•	Does not “feel right”

HOW CAN YOU HELP YOUR CHILD PREVENT A CONCUSSION?
Every sport is different, but there are steps your children can take to protect themselves from concussion.
•	Ensure that they follow their coach’s rules for safety and the rules of the sport.
•	Encourage them to practice good sportsmanship at all times.
•	Make sure they wear the right protective equipment for their activity (such as helmets, padding, shin guards, and eye and mouth guards). Protective equipment should fit properly, be well maintained, and be worn consistently and correctly.
•	Learn the signs and symptoms of a concussion.

WHAT SHOULD YOU DO IF YOU THINK YOUR CHILD HAS A CONCUSSION?

1. Seek medical attention right away. A health care professional will be able to decide how serious the concussion is and when it is safe for your child to return to sports.
2. Keep your child out of play. Concussions take time to heal. Don’t let your child return to play until a health care professional says it’s OK. Children who return to play too soon—while the brain is still healing—risk a greater chance of having a second concussion. Second or later concussions can be very serious. They can cause permanent brain damage, affecting your child for a lifetime.
3. Tell your child’s coach about any recent concussion. Coaches should know if your child had a recent concussion in ANY sport. Your child’s coach may not know about a concussion your child received in another sport or activity unless you tell the coach.

Remember, when in doubt, sit them out!

It’s better to miss one game than the whole season.

1	Hardin Public Schools 2

3	STUDENTS	3415P 4

5	Management of Sports Related Concussions 6
7	A. Athletic Director or Administrator in Charge of Athletic Duties:

8	1. Updating: Each spring, the athletic director, or the administrator in charge of athletics if there 9                       is no athletic director, shall review any changes that have been made in procedures required
10	for concussion and head injury management or other serious injury by consulting with the 11	MHSA or the MHSA Web site, U.S. DPHHS, and CDCP web site. If there are any updated 12	procedures, they will be adopted and used for the upcoming school year.

13	2. Identified Sports: Identified sports include all organized youth athletic activity sponsored by 14                       the school or school district.

15	B. Training: All coaches, athletic trainers, and officials, including volunteers shall undergo training 16               in head injury and concussion management at least once each school years by one of the
17	following means: (1) through viewing the MHSA sport-specific rules clinic; or (2) through 18	viewing the MHSA concussion clinic found on the MHSA Sports Medicine page at
19	www.mhsa.org; or by the district inviting the participation of appropriate advocacy groups and 20	appropriate sports governing bodies to facilitate the training requirements.

21	C. Parent Information Sheet: On a yearly basis, a concussion and head injury information sheet 22               shall be distributed to the youth-athlete and the athlete's parent and/or guardian prior to the
23	youth-athlete's initial practice or competition. This information sheet may be incorporated into 24	the parent permission sheet which allows students to participate in extracurricular athletics and 25	should include resources found on the MHSA Sports Medicine page at www.mhsa.org, U.S. 26	DPHHS, and CDCP websites.

27	D. Responsibility: An athletic trainer, coach, or official shall immediately remove from play, 28               practice, tryouts, training exercises, preparation for an athletic game, or sport camp a youth-29               athlete who is suspected of sustaining a concussion or head injury or other serious injury.

30	E. Return to Play After Concussion or Head Injury: In accordance with MHSA Return to Play 31               Rules and Regulations and MCA, a youth-athlete who has been removed from play, practice,
32	tryouts, taining exercises, preparation for an athletic game, or sport camp may not return until the 33	athlete is cleared by a licensed health care professional (registered, licensed, certified, or
34	otherwise statutorily recorgnized health care professional). The health care provider may be a 35	volunteer.

36

37	Policy History:

38	Adopted on:	June 25, 2013 39	Reviewed on:
40	Revised on:

© MTSBA 2010

3416F1 Montana Authorization to Possess or Self-Administer Asthma, Severe Allergy, or Anaphylaxis Medication
For this student to possess or self-administer asthma, severe allergy, or anaphylaxis medication while in school, while at a school sponsored activity, while under the supervision of school personnel, before or after normal school activities (such as while in before-school or after-school care on school-operated property), or while in transit to or from school or school-sponsored activities, this form must be fully completed by 1) the prescribing physician/ physician assistant/advanced practice registered nurse, and 2) an authorizing parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or legal guardian.

Student’s Name:_______________________________ Sex: (Please circle) Female/Male
Birth Date: _____/_____/____

School:________________________ City/Town: ____________________
School Year: ______ (Must be renewed annually)

Physician’s Authorization:
The above named student has my authorization to carry and self administer the following medication: Medication: (1)________________________	Dosage: (1) ___________________

(2) ________________________	(2) ___________________

Reason for prescription(s): ______________________________________________________________________ Medication(s) to be used under the following conditions (times or special circumstances): ____________________________________________________________________________________________ ____________________________________________________________________________________________

I confirm that this student has been instructed in the proper use of this medication and is able to self-administer this medication without school personnel supervision. I have formulated and provided to the parent/guardian or caretaker relative a written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes and for medication use by this student during school hours and school activities.

_______________________ Signature of Physician/PA/APRN

_______________________ Phone Number

_______________________ Date

Authorization by Parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or guardian:
As the parent, individual who has executed a caretaker relative educational or medical authorization affidavit, or guardian of the above named student, I confirm this student has been instructed by his/her health care provider on the proper use of this/these medication(s). He/she has demonstrated to me that he/she understands the proper use of this medication. He/she is physically, mentally, and behaviorally capable to assume this responsibility. He/she has my permission to self-medicate as listed above, if needed. If he/she has used epinephrine during school hours, he/she understands the need to alert the school nurse or other adult at the school who will provide follow-up care, including making a 9-1-1 emergency call.
I acknowledge the school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the self-administration of medication by the student and I indemnify and hold them harmless for such injury, unless the claim is based on an act or omission that is the result of gross negligence, willful and wanton conduct, or an intentional tort. I agree to work with the school in establishing a plan for use and storage of backup medication. This will include a predetermined location to keep backup medication to which my child has access in the event of an asthma, severe allergy, or anaphylaxis emergency. I have provided the following backup medication: ______________________________________________________

I understand that in the event the medication dosage is altered, a new “self-administration form” must be completed, or the health care provider may rewrite the order on his/her prescription pad and I, the parent/caretaker relative/guardian, will sign the new form and assure the new order is attached.
I understand it is my responsibility to pick up any unused medication at the end of the school year, and the medication that is not picked up will be disposed of.
I authorize the school administration to release this information to appropriate school personnel and classroom teachers.

Parent/Guardian, caretaker relative signature: _____________________________	Date: __________________

(Original signed authorization to the school; a copy of the signed authorization to the parent/guardian and health care provider) See generally Mont. Code Ann. §20-5-420

STUDENTS		3431F Accident Report

This form is to be completed by the appropriate employee(s) as soon as possible after an accident occurs. Please Print or Type.

District Name ______________________________________ School Name _______________________ Principal’s Name ___________________________________ School Phone _______________________ Date of Accident: ___________ Time: ____ AM PM	Supervising Employee _______________

Claimant’s Name ____________________________________ _________________________ _________________ Last Name	First Name	Middle Initial
Claimant’s Address __________________________________________ __________________ ________________ City	State	ZIP Code

Claimant’s SS # _____________________________ Home Phone Number (_____) __________________________ Claimant’s Age _______ Date of Birth ______________________ Sex __________ Grade ____________________ Parent’s Name (if student) _____________________________ Work Phone Number (_____) __________________

Nature of Injury
	
Scratch
	Concussion
	
Fracture
	Head Injury
	
Bruise
	Sprain/Strain
	
Burn
	Cut/Puncture
	
Dislocation
	Bite
	
Other _______________________

Place of Accident
	
Classroom
	Gymnasium
	
Hallway
	Parking Lot
	
Bathroom
	Sidewalk
	
Cafeteria
	Stairs
	
Playground
	Athletic Field
	
Other ______________________

Body Part Injured
	
Ankle
	Foot
	Leg
	
Arm
	Face
	Nose
	
Back
	Finger
	Teeth
	
Neck
	Hand
	Wrist
	
Eye
	Knee
	Shoulder
	
Other ________________________

Describe accident and injury in detail (attach additional description as necessary): ________________

____________________________________________________________________________________

____________________________________________________________________________________

Were efforts made to contact the parent/guardian about the accident? Yes No

Was first aid administered? Yes	No	By whom? __________________________________

Was the student Sent home Sent to physician Sent to hospital

Is student covered by Student Accident Insurance? Yes No        If “yes,” please list Company Name, address, and phone number ______________________________________________________________

If medical or hospital treatment was required, please complete the following information. (Attach a copy of medical bills, if available.)

Name and address of doctor or hospital ____________________________________________________

Witnesses (Name, Address, and Phone) ____________________________________________________

____________________________________________________________________________________

__________________________________________________________

Signature/Name of Person Completing the Report

__________________

Date

Page 1 of 1

1	Hardin Public Schools 2

3	STUDENTS 4

5	Student Records

6

3600F page 1 of 4

7	Notification to Parents and Students of Rights Concerning a Student’s School Records 8

9	This notification may be distributed by any means likely to reach the parent(s)/guardian(s). 10

11	The District will maintain two (2) sets of school records for each student: a permanent record 12	and a cumulative record. The permanent record will include:
13

14	Basic identifying information

15	Academic work completed (transcripts)

16	Level of achievement (grades, standardized achievement tests) 17	Immunization records (per § 20-5-506, MCA)
18	Attendance record

19	Record of any disciplinary action taken against the student, which is educationally related 20

21	The cumulative record may include: 22

23	Intelligence and aptitude scores 24	Psychological reports
25	Participation in extracurricular activities 26	Honors and awards
27	Teacher anecdotal records

28	Verified reports or information from non-educational persons

29	Verified information of clear relevance to the student’s education 30	Information pertaining to release of this record
31	Disciplinary information 32

33	The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students 34	over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s
35	education records. They are: 36

37	1.	The right to inspect and copy the student’s education records, within a reasonable 38                       time from the day the District receives a request for access.
39

40	Students less than eighteen (18) years of age have the right to inspect and copy their

41	permanent record. Parents/guardians or students should submit to the school principal (or 42	appropriate school official) a written request identifying the record(s) they wish to
43	inspect. The principal will make, within forty-five (45) days, arrangements for access 44	and notify the parent(s)/ guardian(s) or eligible student of the time and place the records 45	may be inspected. The District charges a nominal fee for copying, but no one will be
46	denied their right to copies of their records for inability to pay this cost.

1	3600F 2                                                                                                                                                                                  page 2 of 4 3
4	The rights contained in this section are denied to any person against whom an order of 5	protection has been entered concerning a student.
6

7	2.	The right to request amendment of the student’s education records which the 8                       parent(s)/guardian(s) or eligible student believes are inaccurate, misleading, 9                       irrelevant, or improper.
10

11	Parents/guardians or eligible students may ask the District to amend a record they believe 12	is inaccurate, misleading, irrelevant, or improper. They should write the school principal 13	or records custodian, clearly identifying the part of the record they want changed, and
14	specify the reason. 15

16	If the District decides not to amend the record as requested by the parent(s)/guardian(s) or 17	eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the 18	decision and advise him or her of their right to a hearing regarding the request for
19	amendment. Additional information regarding the hearing procedures will be provided to 20	the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.
21

22	3.	The right to permit disclosure of personally identifiable information contained in 23                       the student’s education records, except to the extent that FERPA or state law
24	authorizes disclosure without consent. 25

26	Disclosure is permitted without consent to school officials with legitimate educational or 27	administrative interests. A school official is a person employed by the District as an
28	administrator, supervisor, instructor, or support staff member (including health or 29	medical staff and law enforcement unit personnel); a person serving on the Board; a
30	person or company with whom the District has contracted to perform a special task (such 31	as contractors, attorneys, auditors, consultants, or therapists); volunteers; other outside
32	parties to whom an educational agency or institution has outsourced institutional services 33	or functions that it would otherwise use employees to perform; or a parent(s)/guardian(s) 34	or student serving on an official committee, such as a disciplinary or grievance
35	committee, or assisting another school official in performing his or her tasks. 36

37	A school official has a legitimate educational interest, if the official needs to review an 38	education record in order to fulfill his or her professional responsibility.
39

40	Upon request, the District discloses education records, without consent, to officials of 41	another school district in which a student has enrolled or intends to enroll, as well as to 42	any person as specifically required by state or federal law. Before information is
43	released to individuals described in this paragraph, the parent(s)/guardian(s) will receive 44	written notice of the nature and substance of the information and an opportunity to
45                       inspect, copy, and challenge such records. The right to challenge school student records 46                       does not apply to: (1) academic grades of their child, and (2) references to expulsions or

1	3600F 2                                                                                                                                                                                  page 3 of 4 3
4	out-of-school suspensions, if the challenge is made at the time the student’s school 5	student records are forwarded to another school to which the student is transferring. 6
7	Disclosure is also permitted without consent to: any person for research, statistical

8	reporting, or planning, provided that no student or parent(s)/guardian(s) can be identified; 9	any person named in a court order; and appropriate persons if the knowledge of such
10	information is necessary to protect the health or safety of the student or other persons. 11

12	4.	The right to a copy of any school student record proposed to be destroyed or 13                       deleted.
14

15	5.	The right to prohibit the release of directory information concerning the parent’s/ 16                       guardian’s child.
17

18	Throughout the school year, the District may release directory information regarding 19	students, limited to:
20

21	Student’s name 22	Address
23	Telephone listing

24	Electronic mail address

25	Photograph (including electronic version) 26	Date and place of birth
27	Major field of study 28	Dates of attendance 29	Grade level
30	Enrollment status (e.g., undergraduate or graduate; full-time or part-time) 31	Participation in officially recognized activities and sports
32	Weight and height of members of athletic teams 33	Degrees
34	Honors and awards received

35	Most recent educational agency or institution attended 36

37	Any parent(s)/guardian(s) or eligible student may prohibit the release of any or all of the 38	above information by delivering written objection to the building principal within ten
39	(10) days of the date of this notice. No directory information will be released within this 40	time period, unless the parent(s)/guardian(s) or eligible student are specifically informed 41	otherwise. When a student transfers, leaves the District, or graduates, the school must
42	continue to honor a decision to opt-out, unless the parent or student recinds the decision. 43

44	A parent or student 18 years of age or an emancipated student, may not opt out of 45	directory information to prevent the district from disclosing or requiring a student to
46	disclose their name [identifier, institutional email address in a class in which the student

1	3600F 2                                                                                                                                                                                  page 4 of 4 3
4	is enrolled] or from requiring a student to disclose a student ID card or badge that

5	exhibits information that has been properly designated directory information by the 6	district in this policy.
7

8	6.	The right to request that information not be released to military recruiters and/or 9                       institutions of higher education.
10

11	Pursuant to federal law, the District is required to release the names, addresses, and 12	telephone numbers of all high school students to military recruiters and institutions of 13	higher education upon request.
14

15	Parent(s)/guardian(s) or eligible students may request that the District not release this 16	information, and the District will comply with the request.
17

18	7.	The right to file a complaint with the U.S. Department of Education, concerning 19                       alleged failures by the District to comply with the requirements of FERPA.
20

21	The name and address of the office that administers FERPA is: 22

23	Family Policy Compliance Office 24                                                                          U.S. Department of Education 25                                                                             400 Maryland Avenue, SW
26	Washington, DC 20202-4605

1	Hardin Public Schools 2

3	STUDENTS 4

5	Student Records 6
7	Maintenance of School Student Records

3600P page 1 of 5

8

9	The District maintains two (2) sets of school records for each student – a permanent record and a 10	cumulative record.
11

12	The permanent record will include: 13
14	Basic identifying information

15	Academic work completed (transcripts)

16	Level of achievement (grades, standardized achievement tests) 17	Immunization records (per § 20-5-506, MCA)
18	Attendance record

19	Statewide student identifier assigned by the Office of Public Instruction 20
21	Each student’s permanent file, as defined by the board of public education, must be permanently kept in a 22	secure location.
23

24	The cumulative record may include: 25
26	Intelligence and aptitude scores 27	Psychological reports
28	Participation in extracurricular activities 29	Honors and awards
30	Teacher anecdotal records

31	Verified reports or information from non-educational persons

32	Verified information of clear relevance to the student’s education 33	Information pertaining to release of this record
34	Disciplinary information

35	Camera footage only for those students directly involved in the incident 36
37	Information in the permanent record will indicate authorship and date and will be maintained in

38	perpetuity for every student who has been enrolled in the District. Cumulative records will be maintained 39	for eight (8) years after the student graduates or permanently leaves the District. Cumulative records
40	which may be of continued assistance to a student with disabilities, who graduates or permanently

41	withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the 42	student has succeeded to the rights of the parents.
43

44	The building principal will be responsible for maintenance, retention, or destruction of a student’s 45	permanent or cumulative records, in accordance with District procedure established by the
46	Superintendent. 47
48	Access to Student Records 49
50	The District will grant access to student records as follows:

1	3600P 2                                                                                                                                                                                    page 2 of 5 3
4	1.	The District or any District employee will not release, disclose, or grant access to information 5                       found in any student record except under the conditions set forth in this document.
6

7	2.	The parents of a student under eighteen (18) years of age will be entitled to inspect and copy

8	information in the child’s school records. Such requests will be made in writing and directed to 9	the records custodian. A parent of any student is allowed to view the footage but is not permitted
10	to receive a copy unless the parents of the other involved students provide consent. Consent from 11	parents of students in the background is not required. Access to the records will be granted
12	within fifteen (15) days of the District’s receipt of such request. 13
14	Where the parents are divorced or separated, both will be permitted to inspect and copy the

15	student’s school records, unless a court order indicates otherwise. The District will send copies 16	of the following to both parents at either one’s request, unless a court order indicates otherwise: 17
18	a.	Academic progress reports or records; 19	b.	Health reports;
20	c.	Notices of parent-teacher conferences;

21	d.	School calendars distributed to parents/guardians; and

22	e.	Notices about open houses and other major school events, including student-parent 23                                     interaction.
24

25	Once a student reaches 18 years of age or attends a postsecondary institution, all rights formerly 26	given to parents under FERPA transfer to the student.
27

28	Access will not be granted to the parent or the student to confidential letters and

29	recommendations concerning admission to a post-secondary educational institution, applications 30	for employment, or receipt of an honor or award, if the student has waived his or her right of
31	access after being advised of his or her right to obtain the names of all persons making such 32	confidential letters or statements.
33

34	3.	The District may grant access to or release information from student records without prior written 35                       consent to school officials with a legitimate educational interest in the information. A school
36	official is a person employed by the District in an administrative, supervisory, academic, or 37	support staff position (including, but not limited to administrators, teachers, counselors,
38	paraprofessionals, coaches, and bus drivers ), and the board of trustees. A school official may 39	also include a volunteer or contractor not employed by the District but who performs an
40	educational service or function for which the District would otherwise use its own employees and 41	who is under the direct control of the District with respect to the use and maintenance of
42	personally identifying information from education records, or such other third parties under 43	contract with the District to provide professional services related to the District’s educational
44	mission, including, but not limited to, attorneys and auditors. A school official has a legitimate 45	educational interest in student education information when the official needs the information in 46	order to fulfill his or her professional responsibilities for the District. Access by school officials 47	to student education information will be restricted to that portion of a student’s records necessary 48	for the school official to perform or accomplish their official or professional duties.
49 50 51

1	3600P 2                                                                                                                                                                                    page 3 of 5 3
4	4.	The District may grant access to or release information from student records without parental 5                       consent or notification to any person, for the purpose of research, statistical reporting, or
6	planning, provided that no student or parent can be identified from the information released, and 7	the person to whom the information is released signs an affidavit agreeing to comply with all
8	applicable statutes and rules pertaining to school student records. 9
10	5.	The District may grant release of a child’s education records to child welfare agencies without the 11                       prior written consent of the parents.
12

13	6.	The District will grant access to or release information from a student’s records pursuant to a 14                       court order, upon receipt of such order, of its terms, the nature and substance of the information 15                       proposed to be released, and an opportunity to inspect and copy such records and to challenge 16                       their contents.
17

18	7.	The District will grant access to or release information from any student record, as specifically 19                       required by federal or state statute.
20

21	8.	The District will grant access to or release information from student records to any person

22	possessing a written, dated consent, signed by the parent or eligible student, with particularity as 23	to whom the records may be released, the information or record to be released, and reason for the 24	release. One (1) copy of the consent form will be kept in the records, and one (1) copy will be 25	mailed to the parent or eligible student by the Superintendent. Whenever the District requests
26	consent to release certain records, the records custodian will inform the parent or eligible student 27	of the right to limit such consent to specific portions of information in the records.
28

29	9.	The District may release student records to the superintendent or an official with similar

30	responsibilities in a school in which the student has enrolled or intends to enroll, upon written 31	request from such official. School officials may also include those listed in #3 above.
32

33	10.	Prior to release of any records or information under items 5, 6, 7, and 8, above, the District will 34                       provide prompt written notice to the parents or eligible student of this intended action. This
35	notification will include a statement concerning the nature and substance of the records to be 36	released and the right to inspect, copy, and challenge the contents.
37

38	11.	The District may release student records or information in connection with an emergency,

39	without parental consent, if the knowledge of such information is necessary to protect the health 40	or safety of the student or other persons. The records custodian will make this decision, taking 41	into consideration the nature of the emergency, the seriousness of the threat to the health and
42	safety of the student or other persons, the need for such records to meet the emergency, and 43	whether the persons to whom such records are released are in a position to deal with the
44	emergency. The District will notify the parents or eligible student, as soon as possible, of the

45	information released, date of the release, the person, agency, or organization to whom the release 46	was made, and the purpose of the release.
47

48	12.	The District may disclose, without parental consent, student records or information to the youth 49                       court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act 50                       or criminal laws by the student.
51

1	3600P 2                                                                                                                                                                                    page 4 of 5 3
4	13.	The District will comply with an ex parte order requiring it to permit the U.S. Attorney

5	General or designee to have access to a student’s school records without notice to or consent of 6	the student’s parent(s)/guardian(s).
7

8	14.	The District charges a nominal fee for copying information in the student’s records. No parent or 9                       student will be precluded from copying information because of financial hardship.
10

11	15.	A record of all releases of information from student records (including all instances of access

12	granted, whether or not records were copied) will be kept and maintained as part of such records. 13	This record will be maintained for the life of the student record and will be accessible only to the 14	parent or eligible student, records custodian, or other person. The record of release will include: 15
16	a.	Information released or made accessible.

17	b.	Name and signature of the records custodian.

18	c.	Name and position of the person obtaining the release or access. 19	d.	Date of release or grant of access.
20	e.	Copy of any consent to such release. 21
22	Directory Information 23
24	The District may release certain directory information regarding students, except that parents may 25	prohibit such a release. Directory information will be limited to:
26

27	Student’s name 28	Address
29	Telephone listing

30	Electronic mail address

31	Photograph (including electronic version) 32	Date and place of birth
33	Major field of study 34	Dates of attendance 35	Grade level
36	Enrollment status (e.g., undergraduate or graduate; full-time or part-time) 37	Participation in officially recognized activities and sports
38	Weight and height of members of athletic teams 39	Degrees
40	Honors and awards received

41	Most recent educational agency or institution attended 42
43	The notification to parents and students concerning school records will inform them of their right to 44	object to the release of directory information.
45

46	Military Recruiters/Institutions of Higher Education 47
48	Pursuant to federal law, the District is required to release the names, addresses, and telephone

49	numbers of all high school students to military recruiters and institutions of higher education upon

50	request. The notification to parents and students concerning school records will inform them of their right 51	to object to the release of this information.

1 2 3
4	Student Record Challenges

3600P page 5 of 5

5
6	The District shall give a parent or eligible student, on request, an opportunity for a hearing to challenge 7	content of the student’s education records on the grounds that the information contained in the education 8	records is inaccurate, misleading, or in violation of the privacy rights of the student.
9
10	The hearing required by 34 C.F.R. 99.21 must meet, at a minimum, the following requirements:
11		The District shall hold the hearing within a reasonable time after it has received the request for 12                       the hearing from the parent or eligible student.
13		The District shall give the parent or eligible student notice of the date, time, and place, reasonably 14                       in advance of the hearing.
15		The hearing may be conducted by any individual including an official of the District who does 16                       not have direct interest in the outcome of the hearing.
17		The District shall make its decision in writing within a reasonable amount of time after the 18                       hearing.
19		The decision must be based solely on the evidence presented at the hearing, and must include a 20                       summary of the evidence and the reasons for the decision.
21
22	The parent or eligible student has: 23

24		The right to present evidence and to call witnesses; 25		The right to cross-examine witnesses;
26		The right to counsel;
27		The right to a written statement of any decision and the reasons therefor; 28

29	The parents may insert a written statement of reasonable length describing their position on disputed 30	information. The school will maintain the statement with the contested part of the record for as long as
31	the record is maintained and will disclose the statement whenever it discloses the portion of the record to 32	which the statement relates.

33

34	Legal Reference: 35
36 37 38 39 40 41
42	Procedure History: 43	Promulgated on: 44	Reviewed on:
45	Revised on:

Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2011); 34 C.F.R. 99 (2011)
§ 20-5-201, MCA	Duties and sanctions

§ 40-4-225, MCA	Access to records by parent

§ 41-5-215, MCA	Youth court and department records – notification of school
10.55.909, ARM	Student records

August 28, 2007

September 25, 2012, June 25, 2013, 4/8/14, 01/14/15

1	R 2

3	3612F 4

5	INTERNET ACCESS CONDUCT AGREEMENT 6

7

8	Every student, regardless of age, must read and sign below: 9

10	I have read, understand, and agree to abide by the terms of Hardin Public Schools’ policy

11	regarding District-Provided Access to Electronic Information, Services, and Networks (Policy 12	No. 3612). Should I commit any violation or in any way misuse my access to the District’s 13	computer network and/or the Internet, I understand and agree that my access privilege may be 14	revoked and school disciplinary action may be taken against me.
15

16	User’s Name (Print): ________________________ Home Phone:________________________ 17	User’s Signature: ___________________________ Date: ______________________________ 18	Address:______________________________________________________________________ 19
20	Status:	Student ____	Staff ____	Patron ____	I am 18 or older ____	I am under 18 ____ 21

22	If I am signing this policy when I am under 18, I understand that when I turn 18, this policy will 23	continue to be in full force and effect and agree to abide by this policy.
24

25	Parent or Legal Guardian. (If applicant is under 18 years of age, a parent/legal guardian must 26	also read and sign this agreement.) As the parent or legal guardian of the above-named student, I 27	have read, understand, and agree that my child shall comply with the terms of the District’s
28	policy regarding District-Provided Access to Electronic Information, Services, and Networks for 29	the student’s access to the District’s computer network and/or the Internet. I understand that
30	access is being provided to the students for educational purposes only. However, I also

31	understand that it is impossible for the school to restrict access to all offensive and controversial 32	materials and understand my child’s responsibility for abiding by the policy. I am, therefore,
33	signing this Agreement and agree to indemnify and hold harmless the District, the Trustees, 34	Administrators, teachers, and other staff against all claims, damages, losses, and costs, of 35	whatever kind, that may result from my child’s use of or access to such networks or his/her 36	violation of the District’s policy. Further, I accept full responsibility for supervision of my 37	child’s use of his/her access account if and when such access is not in the school setting. I
38	hereby give my child permission to use the building-approved account to access the District’s 39	computer network and the Internet.
40

41	Parent/Legal Guardian (Print): _____________________________________________________ 42	Signature: _____________________________________________________________________ 43	Home Phone: ___________________	Address: _____________________________________ 44	Date: _________________________
45

46	This Agreement is valid for the _________________ school year only.

1	Hardin Public Schools 2

3	STUDENTS 4

5	Acceptable Use of Electronic Networks

6

R

3612P page 1 of 5

7	All use of electronic networks shall be consistent with the District’s goal of promoting

8	educational excellence by facilitating resource sharing, innovation, and communication. These 9	procedures do not attempt to state all required or proscribed behaviors by users. However, some
10	specific examples are provided. The failure of any user to follow these procedures will result 11	in the loss of privileges, disciplinary action, and/or appropriate legal action.
12

13	Terms and Conditions 14

15	1.	Acceptable Use – Access to the District’s electronic networks must be: (a) for the

16	purpose of education or research and consistent with the educational objectives of the 17	District; or (b) for legitimate business use.
18

19	2.	Privileges – The use of the District’s electronic networks is a privilege, not a right, and

20	inappropriate use will result in cancellation of those privileges. The system administrator 21	(and/or building principal) will make all decisions regarding whether or not a user has
22	violated these procedures and may deny, revoke, or suspend access at any time. That 23	decision is final.
24

25	3.	Unacceptable Use – The user is responsible for his or her actions and activities involving 26                       the network. Some examples of unacceptable uses are:
27

28	a.	Using the network for any illegal activity, including violation of copyright or 29                                     other contracts, or transmitting any material in violation of any federal or state 30                                     law;
31

32	b.	Unauthorized downloading of software, regardless of whether it is copyrighted or 33                                     devirused;
34

35	c.	Downloading copyrighted material for other than personal use; 36

37	d.	Using the network for private financial or commercial gain; 38

39	e.	Wastefully using resources, such as file space; 40

41	f.	Hacking or gaining unauthorized access to files, resources, or entities; 42

43	g.	Invading the privacy of individuals, which includes the unauthorized disclosure, 44                                     dissemination, and use of information of a personal nature about anyone;
45

46	h.	Using another user’s account or password;

1	3612P 2                                                                                                                                                                                  page 2 of 5 3
4	i.	Posting material authored or created by another, without his/her consent; 5

6	j.	Posting anonymous messages; 7

8	k.	Using the network for commercial or private advertising; 9

10	l.	Accessing, submitting, posting, publishing, or displaying any defamatory,

11	inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially 12	offensive, harassing, or illegal material; and
13

14	m.	Using the network while access privileges are suspended or revoked. 15

16	4.	Network Etiquette – The user is expected to abide by the generally accepted rules of 17                       network etiquette. These include but are not limited to the following:
18

19	a.	Be polite. Do not become abusive in messages to others. 20

21	b.	Use appropriate language. Do not swear or use vulgarities or any other 22                                     inappropriate language.
23

24	c.	Do not reveal personal information, including the addresses or telephone 25                                     numbers, of students or colleagues.
26

27	d.	Recognize that electronic mail (e-mail) is not private. People who operate the 28                                     system have access to all mail. Messages relating to or in support of illegal 29                                     activities may be reported to the authorities.
30

31	e.	Do not use the network in any way that would disrupt its use by other users. 32

33	f.	Consider all communications and information accessible via the network to be 34                                     private property.
35

36	5.	No Warranties – The District makes no warranties of any kind, whether expressed or 37                       implied, for the service it is providing. The District will not be responsible for any
38	damages the user suffers. This includes loss of data resulting from delays, non-deliveries, 39	missed deliveries, or service interruptions caused by its negligence or the user’s errors or 40	omissions. Use of any information obtained via the Internet is at the user’s own risk.
41	The District specifically denies any responsibility for the accuracy or quality of 42	information obtained through its services.
43

44	6.	Indemnification – The user agrees to indemnify the District for any losses, costs, or 45                       damages, including reasonable attorney fees, incurred by the District, relating to or 46                       arising out of any violation of these procedures.

1	3612P 2                                                                                                                                                                                  page 3 of 5 3
4	7.	Security – Network security is a high priority. If the user can identify a security problem 5                       on the Internet, the user must notify the system administrator or building principal. Do
6	not demonstrate the problem to other users. Keep your account and password

7	confidential. Do not use another individual’s account without written permission from

8	that individual. Attempts to log on to the Internet as a system administrator will result in 9	cancellation of user privileges. Any user identified as a security risk may be denied
10	access to the network. 11

12	8.	Vandalism – Vandalism will result in cancellation of privileges, and other disciplinary

13	action. Vandalism is defined as any malicious attempt to harm or destroy data of another 14	user, the Internet, or any other network. This includes but is not limited to uploading or 15	creation of computer viruses.
16

17	9.	Telephone Charges – The District assumes no responsibility for any unauthorized charges 18                       or fees, including telephone charges, long-distance charges, per-minute surcharges, and/ 19                       or equipment or line costs.
20

21	10.	Copyright Web Publishing Rules – Copyright law and District policy prohibit the

22	republishing of text or graphics found on the Web or on District Websites or file servers, 23	without explicit written permission.
24

25	a.	For each republication (on a Website or file server) of a graphic or text file that 26                                     was produced externally, there must be a notice at the bottom of the page
27	crediting the original producer and noting how and when permission was granted. 28	If possible, the notice should also include the Web address of the original source. 29
30	b.	Students and staff engaged in producing Web pages must provide library media 31                                     specialists with e-mail or hard copy permissions before the Web pages are
32	published. Printed evidence of the status of “public domain” documents must be 33	provided.
34

35	c.	The absence of a copyright notice may not be interpreted as permission to copy 36                                     the materials. Only the copyright owner may provide the permission. The
37	manager of the Website displaying the material may not be considered a source of 38	permission.
39

40	d.	The “fair use” rules governing student reports in classrooms are less stringent and 41                                     permit limited use of graphics and text.
42

43	e.	Student work may only be published if there is written permission from both the 44                                     parent/guardian and the student.
45

46

1 2 3
4	[OPTIONAL]

5

3612P page 4 of 5

6	11.	Use of Electronic Mail. 7

8                       a.          The District’s electronic mail system, and its constituent software, hardware, and 9                                     data files, are owned and controlled by the District. The District provides e-mail
10	to aid students and staff members in fulfilling their duties and responsibilities and 11	as an education tool.
12

13	b.	The District reserves the right to access and disclose the contents of any account 14                                     on its system without prior notice or permission from the account’s user.
15	Unauthorized access by any student or staff member to an electronic mail account 16	is strictly prohibited.
17

18	c.	Each person should use the same degree of care in drafting an electronic mail 19                                     message as would be put into a written memorandum or document. Nothing
20	should be transmitted in an e-mail message that would be inappropriate in a letter 21	or memorandum.
22

23                       d.          Electronic messages transmitted via the District’s Internet gateway carry with 24                                     them an identification of the user’s Internet “domain.” This domain name is a
25	registered domain name and identifies the author as being with the District. Great 26	care should be taken, therefore, in the composition of such messages and how
27	such messages might reflect on the name and reputation of this District. Users 28	will be held personally responsible for the content of any and all electronic mail 29	messages transmitted to external recipients.
30

31	e.	Any message received from an unknown sender via the Internet should either be 32                                     immediately deleted or forwarded to the system administrator. Downloading any 33                                     file attached to any Internet-based message is prohibited, unless the user is certain 34                                     of that message’s authenticity and the nature of the file so transmitted.
35

36	f.	Use of the District’s electronic mail system constitutes consent to these 37                                     regulations.
38

39	Internet Safety 40

41	1.	Internet access is limited to only those “acceptable uses,” as detailed in these procedures. 42                       Internet safety is almost assured if users will not engage in “unacceptable uses,” as
43	detailed in these procedures, and will otherwise follow these procedures. 44

45	2.	Staff members shall supervise students while students are using District Internet access, 46                       to ensure that the students abide by the Terms and Conditions for Internet access, as

1 2
3

4	contained in these procedures.

5

3612P page 5 of 5

6	3.	Each District computer with Internet access has a filtering device that blocks entry to

7	visual depictions that are: (1) obscene; (2) pornographic; or (3) harmful or inappropriate 8	for students, as defined by the Children’s Internet Protection Act and determined by the 9	Superintendent or designee.
10

11	4.	The district shall provide age-appropriate instruction to students regarding appropriate online 12                       behavior. Such instruction shall include, but not be limited to: positive interactions with
13	others online, including on social networking sites and in chat rooms; proper online social 14	etiquette; protection from online predators and personal safety; and how to recognize and 15	respond to cyberbullying and other threats.
16

17	5.	The system administrator and building principals shall monitor student Internet access. 18

19

20

21	Legal Reference: 22
23 24 25 26
27
28	Procedure History: 29	Promulgated on: 30	Reviewed on:
31	Revised:

Children’s Internet Protection Act, P.L. 106-554
Broadband Data Services Improvement Act/Protecting Children in the 21st Century Act of 2008 (P.L. 110-385)
20 U.S.C. § 6801, et seq.	Language instruction for limited English proficient and immigrant students
47 U.S.C. § 254(h) and (l)	Universal service

August 28, 2007

02/14/2012

HARDIN PUBLIC SCHOOLS R = required
4000 SERIES COMMUNITY RELATIONS

TABLE OF CONTENTS

Procedures

4120P	Public Information Program 4301P	Visitors to Schools
4330F	Facilities Use Agreement
4330P	Rules and Regulations for Building Use 4333P	Community Schools’ Program

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4120P 4

5	Public Information Program 6

7	Principals are encouraged to initiate media coverage of their school programs and activities. The 8	Superintendent shall authorize the release of information when the topic being covered involves 9	more than one (1) building. The following guidelines relate to the public information program:
10

11	1.	Media representatives shall be supplied factual information, with the request that they not 12                      publish or broadcast any facts which are injurious to staff or students.
13

14	2.	Any photograph which is of a controversial nature or which might invade an individual’s 15                      right of privacy should not be sanctioned. A release form should be completed before a 16                      special education student or a student whose parents have signed a form to withhold
17	directory information is interviewed or photographed. 18

19	3.	During regular school hours, all media representatives must report to the building office 20                      for identification and authorization before going to any part of the building or contacting 21                      any individual.
22

23

24

25	Policy History: 26	Promulgated on: 27	Reviewed on:
28	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4301P 4

5	Visitors to Schools 6

7	The following guidelines are established to permit visitors to observe the educational program 8	with minimal disruption:
9

10	1.	All visitors must register at the school office upon their arrival at school. 11

12	2.	Visitors whose purpose is to influence or solicit students shall not be permitted on school 13                      grounds, unless the visit furthers the educational program of the District.
14

15	3.	If the visitor wishes to observe a classroom, the times shall be arranged by the principal. 16

17	4.	If the purpose of the classroom visitation is to observe learning and teaching activities, 18                      the visitor may be required to confer with the teacher before or after the observation to 19                      enhance understanding of the activities.
20

21	5.	The principal may withhold approval, if particular events such as testing would be
22	adversely affected by the visit. Similarly, if a visitor’s presence becomes disruptive, the 23	principal may withdraw approval. In either case, the principal shall give reasons for the 24	action.
25

26	6.	If a dispute arises regarding limitations upon or withholding of approval for visits: 27

28	a.	The visitor shall first discuss the matter with the principal; 29

30	b.	If it is not satisfactorily resolved, the visitor may request a meeting with the
31	Superintendent. The latter shall promptly meet with the visitor, investigate the 32	dispute, and render a written decision, which shall be final, subject only to the 33	citizen’s right to raise an issue in open meeting at a regular session of the Board. 34

35

36

37	Policy History: 38	Promulgated on: 39	Reviewed on:
40	Revised on:	August 28, 2007

4330F FACILITIES USE AGREEMENT
Hardin Public Schools

Organization or Individual Requesting Facility Use: ____________________________________________ Facility Requested: _________________________ Day(s) of Use: _______________________________ Date and Hours of Requested Use: __________________________________________________________ Purpose of Use: _________________________________________________________________________ Equipment or Apparatus Needed by User: ____________________________________________________ Will there be an admission fee? ______	If so, how much? _______________

Premises and Conditions
Conditions of Facilities Use - Use of District facilities is conditioned upon the following covenants:
1.	That no alcoholic beverages, tobacco, nicotine products or other drugs are sold or consumed on the premises by the requesting organization or individual or any of its employees, patrons, agents, or members.
2.	That no illegal games of chance or lotteries will be permitted.
3.	That no functional alteration of the premises or functional changes in the use of such premises shall be made without specific written consent of the District.
4.	That adequate supervision is provided by the requesting organization or individual to ensure proper care and use of District facilities.

Rent and Deposit
The requesting organization or individual may be required to make a damage/cleaning deposit of at least One Hundred Dollars ($100) to be refunded after use if no damage has occurred and the facility has been cleaned.

Insurance and Indemnification
The requesting organization or individual, by signature below, hereby guarantees that the organization shall indemnify, defend, and hold harmless the District and any of its employees or agents, from any liability, expenses, costs (including attorney’s fees), damages, and/or losses arising out of injury or death to any person or persons or damage to any property of any kind in connection with the organization or individual’s use of the District facility, which are not the result of fraud, willful injury to a person or property, or willful or negligent violation of a law.
The requesting organization or individual shall provide the District with a certificate of insurance prior to the use of the facility. The certificate shall show coverage for comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000) for injuries to or death of any person or damage to or loss of property arising out of or in any way resulting from the described use of the facility.

Special Events Coverage
The District requires the event holder to purchase a special event liability policy for the event, and to name the district as an additional insured on the policy. The event holder should provide the district with a certificate insurance outlining the coverage limits and that the district has been named as an additional insured on the policy. Minimum coverage limits of $1,000,0000 per occurrence and $2,000,000 aggregate should be purchased.

Assumption of Risk
The requesting organization agrees to indemnify, release and hold harmless the District, inclusive of its employees, administration, board of trustees, and insurers form any and all civil liability involving any and all forms of injury except those that may arise as a result of willful, wanton or reckless conduct by the District or its agents adding unwarranted danger to participation in such event.

The requesting organization understands that the District will take all reasonable precautions to insure the risk of injury to individuals accessing the facilities or grounds is minimized. However, even though these precautions are taken there is still a chance of injury, and in rare instances even severe injury and death. The requesting organization understands the risks involved.

The School District DOES NOT provide medical insurance for any individuals who choose to access and use the facilities.

Non-Discrimination
The requesting organization or individual agrees to abide by non-discrimination clauses as contained in the Montana Human Rights Act and the Governmental Code of Fair Practices.

District’s Rights
The District reserves the right to cancel this Agreement, when it is determined by the District that the facilities are needed for school purposes.

DATED this _____ day of _______________, 20__.

Hardin Public Schools:	Requesting Organization or Individual:

By __________________________	By________________________________ Address ___________________________ Phone ____________________________
Additional Obligations ____________________________________________________________________ _______________________________________________________________________________________

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS 4

5	Rules and Regulations for Building Use

4330P page 1 of 2

6

7	1.	Applications requesting use of the school facility must be presented to the Activities
8	Director or building principal prior to the time desired and must be signed by a qualified 9	representative of the organization desiring to use the building.
10

11	2.	Generally, there will not be a charge for the use of a school facility except when: 12                      •	An admission is charged to the event conducted in the school, or
13	•	There is a private business profit motive in the school facility use.

14

15	3.	When a fee for use of the facility is required, the fee shall be in accordance with the 16                      following schedule:

17

18	High School Stadium 19

20

21	High School Gymnasium 22

23	High School Locker Rooms 24

25	Middle School Gymnasium 26

27	Intermediate School Gymnasium 28

29	Middle School Auditorium 30

31	Activity Center Pool 32

33	High School Cafeteria 34

35	Elementary Multi-Purpose Rooms

$50.00 per afternoon session $75.00 per night session

$200.00 per daily use

$100.00 per daily use

$75.00 per daily use

$50.00 per daily use

$75.00 per daily use

$100.00 per daily use

$50.00 per daily use

$3.00 per hour

36

37	The rate of any other school facility shall be determined by the Superintendent, Activity 38	Director, and/or building principal.
39

40	The fee for use of kitchen facilities will be determined by the staff supervisor. Fees will 41	be based upon the preparation, service, and cleanup related to an event.
42

43	4.	The use of the school premises will be denied, when, in the opinion of the Superintendent 44                      or the Board, such use may be construed to be solely for commercial purposes, there is a 45                      probability of damage or injury to school property, or the activity is deemed to be
46	improper to hold in school buildings.

1	4330P 2                                                                                                                                                                             page 2 of 2 3
4	5.	In case of loss or damage to school property, the organization and/or individual signing 5                      the request shall be fully responsible and liable.
6

7	6.	The District reserves the right to require a certificate of insurance from the renting 8                      agency.
9

10	7.	No furniture or apparatus shall be moved or displaced without permission. 11

12	8.	No access to other rooms in the building shall be permitted unless designated by 13                      agreement.
14

15	9.	There shall be no narcotics, drugs (including tobacco or nicotine products), stimulants, or 16                      alcohol used or sold in or about school buildings and premises, nor shall profane
17	language, quarreling, fighting, or illegal gambling be permitted. Violations of this rule 18	by any organization during occupancy shall be sufficient cause for denying further use of 19	school premises to the organization.
20

21	10.	Wax or other preparations ordinarily used on dance floors is not to be used on 22                      gymnasium floors.
23

24	11.	The Superintendent may require a school employee to be present during use of the
25	building by the non-school organization. In such case, the requesting organization will 26	pay for the employee expense (i.e., custodians, overtime).
27

28	12.	When the school official finds it necessary that police or other security personnel be
29	retained for crowd control, such requirement may be added as a condition of the Facilities 30	Use Agreement.
31

32

33

34	Procedure History: 35	Promulgated on: 36	Reviewed on:
37	Revised on:	August 28, 2007, February 23, 2010

1	Hardin Public Schools 2

3	COMMUNITY RELATIONS	4333P 4

5	Community Schools’ Program 6

7	Offerings for Community Education shall be coordinated through the District Administrative 8	Office. Interested persons should contact the Director’s Office to offer their services or to
9	request facility use. 10

11	The Director shall publicize available offerings. 12

13	Use of District buses shall be limited to school activities. 14

15

16
17	Policy History: 18	Promulgated on: 19	Reviewed on:
20	Revised on:

July 28, 1998

August 28, 2007

HARDIN PUBLIC SCHOOLS R = required
5000 SERIES PERSONNEL

TABLE OF CONTENTS

Procedures

R 5228P	Drug and Alcohol Testing Procedure for School Bus and Commercial Vehicle Drivers
5231P	Personnel Records
5232F	Report of Suspected Child Abuse or Neglect R 5328P	Family Medical Leave
5420F	ESSA Qualifications Notification Request Form

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

R

5228P page 1 of 5

6

7	School bus and commercial vehicle drivers shall be subject to a drug and alcohol testing program 8	that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382.
9

10	Other persons who drive vehicles designed to transport sixteen (16) or more passengers, 11	including the driver, are likewise subject to the drug and alcohol testing program.
12

13	Testing procedures and facilities used for the tests shall conform with the requirements of the 14	Code of Federal Regulations, Title 49, §§ 40, et seq.
15

16	Pre-Employment Tests 17

18	Tests shall be conducted before the first time a driver performs any safety-sensitive function for 19	the District.
20

21	Safety-sensitive functions include all on-duty functions performed from the time a driver begins 22	work or is required to be ready to work, until he/she is relieved from work and all responsibility 23	for performing work. It includes driving; waiting to be dispatched; inspecting and servicing
24	equipment; supervising, performing, or assisting in loading and unloading; repairing or obtaining 25	and waiting for help with a disabled vehicle; performing driver requirements related to accidents; 26	and performing any other work for the District or paid work for any entity.
27

28	The tests shall be required of an applicant only after he/she has been offered the position. 29

30	Exceptions may be made for drivers who have had the alcohol test required by law within the 31	previous six (6) months and participated in the drug testing program required by law within the 32	previous thirty (30) days, provided that the District has been able to make all verifications
33	required by law. 34

35	Post-Accident Tests 36

37	Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable 38	on any driver:
39

40	1.	Who was performing safety-sensitive functions with respect to the vehicle, if the accident 41                      involved loss of human life; or
42

43	2.	Who receives a citation under state or local law, for a moving traffic violation arising 44                      from the accident.
45

46	Drivers shall make themselves readily available for testing, absent the need for immediate

1 2
3
4	medical attention.

5228P page 2 of 5

5

6	No such driver shall use alcohol for eight (8) hours after the accident, or until after he/she 7	undergoes a post-accident alcohol test, whichever occurs first.
8

9	If an alcohol test is not administered within two (2) hours or if a drug test is not administered 10	within thirty-two (32) hours, the District shall prepare and maintain records explaining why the 11	test was not conducted. Tests will not be given if not administered within eight (8) hours after 12	the accident for alcohol or within thirty-two (32) hours for drugs.
13

14	Tests conducted by authorized federal, state, or local officials will fulfill post-accident testing 15	requirements, provided they conform to applicable legal requirements and are obtained by the 16	District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled 17	substance testing obligations.
18

19	Random Tests 20

21	Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for 22	alcohol shall be conducted just before, during, or just after the performance of safety-sensitive 23	functions. The number of random alcohol tests annually must equal twenty-five percent (25%)
24	of the average number of driver positions. The number of random drug tests annually must equal 25	fifty percent (50%) of the average number of driver positions. Drivers shall be selected by a
26	scientifically valid random process, and each driver shall have an equal chance of being tested 27	each time selections are made.
28

29	Reasonable Suspicion Tests 30

31	Tests shall be conducted when a supervisor or District official trained in accordance with law has 32	reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions. This 33	reasonable suspicion must be based on specific, contemporaneous, articulable observations
34	concerning the driver’s appearance, behavior, speech, or body odors. The observations may 35	include indications of the chronic and withdrawal effects of controlled substances.
36

37	Alcohol tests are authorized for reasonable suspicion only if the required observations are made 38	during, just before, or just after the period of the work day when the driver must comply with 39	alcohol prohibitions. An alcohol test may not be conducted by the person who determines that 40	reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within
41	two (2) hours of a determination of reasonable suspicion, the District shall prepare and maintain 42	a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate
43	after eight (8) hours. 44

45	A supervisor or District official who makes observations leading to a controlled substance
46	reasonable suspicion test shall make a written record of his/her observations within twenty-four

1	5228P 2                                                                                                                                                                             page 3 of 5 3
4	(24) hours of the observed behavior or before the results of the drug test are released, whichever 5        is earlier.
6

7	Enforcement 8

9	Any driver who refuses to submit to a post-accident, random, reasonable suspicion, or follow-up 10	test shall not perform or continue to perform safety-sensitive functions.
11

12	Drivers who test positive for alcohol or drugs shall be subject to disciplinary action up to and 13	including dismissal.
14

15	A driver who violates District prohibitions related to drugs and alcohol shall receive from the 16	District the names, addresses, and telephone numbers of substance abuse professionals and 17	counseling and treatment programs available to evaluate and resolve drug and alcohol-related 18	problems. The employee shall be evaluated by a substance abuse professional who shall
19	determine what help, if any, the driver needs in resolving such a problem. Any substance abuse 20	professional who determines that a driver needs assistance shall not refer the driver to a private 21	practice, person, or organization in which he/she has a financial interest, except under
22	circumstances allowed by law. 23

24	An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated 25	by a substance abuse professional to determine that he/she has properly followed the prescribed 26	rehabilitation program and shall be subject to unannounced follow-up tests after returning to
27	duty. 28

29	Return-to-Duty Tests 30

31	A drug or alcohol test shall be conducted when a driver who has violated the District’s drug or 32	alcohol prohibition returns to performing safety-sensitive duties.
33

34	Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function 35	until the return-to-duty drug test produces a verified negative result.
36

37	Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function 38	until the return-to-duty alcohol test produces a verified result that meets federal and District
39	standards. 40

41	Follow-Up Tests 42

43	A driver who violates the District’s drug or alcohol prohibition and is subsequently identified by 44	a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall 45	be subject to unannounced follow-up testing as directed by the substance abuse professional in 46	accordance with law. Follow-up alcohol testing shall be conducted just before, during, or just

1 2
3

4	after the time when the driver is performing safety-sensitive functions. 5

6	Records

5228P page 4 of 5

7

8	Employee drug and alcohol test results and records shall be maintained under strict
9	confidentiality and released only in accordance with law. Upon written request, a driver shall 10	receive copies of any records pertaining to his/her use of drugs or alcohol, including any records 11	pertaining to his/her drug or alcohol tests. Records shall be made available to a subsequent
12	employer or other identified persons only as expressly requested in writing by the driver. 13

14	Notifications 15

16	Each driver shall receive educational materials that explain the requirements of the Code of 17	Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and
18	regulations for meeting these requirements. Representatives of employee organizations shall be 19	notified of the availability of this information. The information shall identify:
20

21	1.	The person designated by the District to answer driver questions about the materials; 22

23	2.	The categories of drivers who are subject to the Code of Federal Regulations, Title 49, 24                      Part 382;
25

26	3.	Sufficient information about the safety-sensitive functions performed by drivers to make 27                      clear what period of the work day the driver is required to comply with Part 382;
28

29	4.	Specific information concerning driver conduct that is prohibited by Part 382; 30

31	5.	The circumstances under which a driver will be tested for drugs and/or alcohol under Part 32                      382;
33

34	6.	The procedures that will be used to test for the presence of drugs and alcohol, protect the 35                      driver and the integrity of the testing processes, safeguard the validity of test results, and 36                      ensure that test results are attributed to the correct driver;
37

38	7.	The requirement that a driver submit to drug and alcohol tests administered in accordance 39                      with Part 382;
40

41	8.	An explanation of what constitutes a refusal to submit to a drug or alcohol test and the 42                      attendant consequences;
43

44	9.	The consequences for drivers found to have violated the drug and alcohol prohibitions of 45                      Part 382, including the requirement that the driver be removed immediately from safety-46                      sensitive functions and the procedures for referral, evaluation, and treatment;

1	5228P 2                                                                                                                                                                             page 5 of 5 3
4	10.	The consequences for drivers found to have an alcohol concentration of 0.02 or greater 5                      but less than 0.04; and
6

7	11.	Information concerning the effects of drugs and alcohol on an individual’s health, work, 8                      and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a
9	coworker’s); and available methods of intervening when a drug or alcohol problem is 10	suspected, including confrontation, referral to an employee assistance program, and/or 11	referral to management.
12

13	Drivers shall also receive information about legal requirements, District policies, and 14	disciplinary consequences related to the use of alcohol and drugs.
15

16	Each driver shall sign a statement certifying that he/she has received a copy of the above 17	materials.
18

19	Before any driver operates a commercial motor vehicle, the District shall provide him/her with 20	post-accident procedures that will make it possible to comply with post-accident testing
21	requirements. 22

23	Before drug and alcohol tests are performed, the District shall inform drivers that the tests are 24	given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be
25	provided only after the compliance date specified in law. 26

27	The District shall notify a driver of the results of a pre-employment drug test if the driver
28	requests such results within sixty (60) calendar days of being notified of the disposition of his/ 29	her employment application.
30

31	The District shall notify a driver of the results of random, reasonable suspicion, and post-
32	accident drug tests if the test results are verified positive. The District shall also tell the driver 33	which controlled substance(s) were verified as positive.
34

35	Drivers shall inform their supervisors if at any time they are using a controlled substance which 36	their physician has prescribed for therapeutic purposes. Such a substance may be used only if 37	the physician has advised the driver that it will not adversely affect his/her ability to safely
38	operate a commercial motor vehicle. 39

40

41

42	Procedure History:
43	Promulgated on:	August 28, 2007 44	Reviewed on:
45	Revised on:

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Personnel Records

5231P page 1 of 2

6

7	The District shall maintain a cumulative personnel file in the administrative office for each of its 8	employees, as required by the Office of Public Instruction and current personnel policies. These 9	records are not to leave the administrative office except as specifically authorized by the
10	Superintendent, and then only by signed receipt. Payroll records are maintained separately. 11

12	Contents of Personnel Files 13

14	A personnel file may contain but is not limited to transcripts from colleges or universities,
15	information allowed by statute, a record of previous employment (other than college placement 16	papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and 17	copies of letters of recommendation requested by an employee. All material in the personnel file 18	must be related to the employee’s work, position, salary, or employment status in the District.
19	All documents, communications, and records dealing with the processing of a grievance shall be 20	filed separately from the personnel files of the participants.
21

22	No material derogatory to an employee’s conduct, service, character, or personality shall be
23	placed in the file, unless such placement is authorized by the Superintendent, as indicated by the 24	Superintendent’s initials, and unless the employee has had adequate opportunity to read the
25	material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the
26	employee’s initials or signature verifying that the employee has received a copy of the material. 27	If the employee refuses to sign the document indicating that the employee has had an opportunity 28	to read it, the Superintendent will place an addendum to the document, noting that the employee 29	was given a copy but refused to sign. The Superintendent will date and sign the addendum.
30

31	Disposition of Personnel Files 32

33	An employee, upon termination, may request transcripts of college and university work. Any
34	confidential college or university placement papers shall be returned to the sender or destroyed at 35	the time of employment. All other documents shall be retained and safeguarded by the District 36	for such periods as prescribed by law.
37

38	Record-Keeping Requirements Under the Fair Labor Standards Act 39

40	1.	Records required for ALL employees: 41

42	A.	Name in full (same name as used for Social Security); 43	B.	Employee’s home address, including zip code;
44	C.	Date of birth if under the age of nineteen (19);
45	D.	Sex (may be indicated with Male/Female, M/F, Mr./Mrs./Miss/Ms.);
46	E.	Time of day and day of week on which the employee’s workweek begins;

1 2
3
4	F.	Basis on which wages are paid (such as $5/hour, $200/week, etc.);
5	G.	Any payment made which is not counted as part of the “regular rate”; 6	H.	Total wages paid each pay period.

5231P page 2 of 2

7

8	2.	Additional records required for non-exempt employees: 9

10	A.	Regular hourly rate of pay during any week when overtime is worked;
11	B.	Hours worked in any workday (consecutive twenty-four-(24)-hour period); 12	C.	Hours worked in any workweek (or work period in case of 207[k]);
13	D.	Total daily or weekly straight-time earnings (including payment for hours in 14                                     excess of forty (40) per week but excluding premium pay for overtime);
15	E.	Total overtime premium pay for a workweek; 16	F.	Date of payment and the pay period covered;
17	G.	Total deductions from or additions to wages each pay period;
18	H.	Itemization of dates, amounts, and reason for the deduction or addition, 19                                     maintained on an individual basis for each employee;
20	I.	Number of hours of compensatory time earned each pay period; 21	J.	Number of hours of compensatory time used each pay period;
22	K.	Number of hours of compensatory time compensated in cash, the total amount 23                                     paid, and the dates of such payments;
24	L.	The collective bargaining agreements which discuss compensatory time, or 25                                     written understandings with individual non-union employees.
26

27	All records obtained in the application and hiring process shall be maintained for at least two (2) 28	years.
29

30

31

32	Legal Reference: 33

34

29 USC 201, et seq.
§§ 2-6-101, et seq., MCA 24.9.805, ARM

Fair Labor Standards Act Public Records Employment Records

35

36	Procedure History: 37	Promulgated on: 38	Reviewed on:
39	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	PERSONNEL	5232F 4

5 6 7
8

9	Original to: 10	Copy to:
11

12	From: 13

14	School:

15

Hardin Public Schools
Report of Suspected Child Abuse or Neglect Hot Line Number – 866-820-5437

Department of Public Health and Human Services Building Principal

Title: ______________________________

Phone: _____________________________

16	Persons contacted: □Principal	□Teacher	□School Nurse	□Other ______________

17

18	Name of Minor: 19

20	Address: 21

22	Date of Report:

Date of Birth: __________________

Phone: _______________________

Attendance Pattern: _______________________________

23

24	Father: 25

26	Mother: 27

28	Guardian or
29	Stepparent:

Address:

Address:

Address:

Phone: __________

Phone: __________

Phone: __________

30

31	Any suspicion of injury/neglect to other family members: ______________________________ 32

33	Nature and extent of the child’s injuries, including any evidence of previous injuries, and any 34	other information which may be helpful in showing abuse or neglect, including all acts which 35	lead you to believe the child has been abused or neglected: ______________________________ 36	______________________________________________________________________________ 37	______________________________________________________________________________ 38	Previous action taken, if any: _____________________________________________________ 39	______________________________________________________________________________ 40	______________________________________________________________________________ 41

42	Follow-up by Department of Public Health and Human Services (DPHHS to complete and return 43	copy to the Building Principal):
44

45	Date Received:	Date of Investigation: ________________

1	Hardin Public Schools 2

3	PERSONNEL 4

5	Family Medical Leave 6

7	Who Is Eligible

R

5328P page 1 of 5

8

9	Employees are eligible if they have worked for the District for at least one (1) year, and for one 10	thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there have 11	been at least fifty (50) District employees within seventy-five (75) miles for each working day
12	during twenty (20) or more workweeks in the current or preceding calendar year. 13

14	Benefit 15

16	Under certain conditions, eligible employees, if qualified, may be entitled to up to twelve (12) 17	weeks or twenty-six (26) weeks leave with continuing participation in the District’s group
18	insurance plan. 19

20	Reasons for Taking Leave 21

22	Unpaid leave will be granted to eligible employees for any of the following reasons: 23

24	a.	To care for the employee’s child after birth, or placement for adoption or foster care;
25	b.	To care for the employee’s spouse, child, or parent (does not include parents-in-law) who 26                      has a serious health condition; or
27	c.	For a serious health condition that makes the employee unable to perform the employee’s 28                      job.
29

30	Military Family Leave 31

32	a.	military caregiver leave
33	1. an eligible employee who is a relative of a servicemember can take up to 26 34	weeks in a 12 month period in order to care for a covered servicemember who is 35	seriously ill or injured in the line of duty.
36	b.	qualified exigency leave (only applies to eligible employees with family members who 37                      are in the National Guard or Reserves, not the Regular Armed Forces
38	1. An eligible employee can take up to the normal 12 weeks of leave if a family 39                                     member who is a member of the National Guard or Reserve is call up to active 40                                     duty on a contingency mission.
41                             2.    Qualifying Exigencies include: 42                                            a. Short-notice deployment
43	b. Military events and related activities 44	c. Childcare and school activities
45	d. Financial and legal arrangements 46	e. Counseling

1	5328P 2                                                                                                                                                                             page 2 of 5 3
4	f. Rest and recuperation
5	g. Post-deployment activities; and
6	h. Additional activities agreed to by the employer and the employee. 7

8	Substitution of Paid Leave 9

10	Paid leave will be substituted for unpaid leave under the following circumstances: 11

12	a.	Accumulated sick/personal leave will be utilized concurrently with any FMLA leave that 13                      is taken for a serious health reason as described in (b) or (c) above.
14	b.	Accumulated vacation/personal leave will be utilized concurrently with any FMLA leave 15                      that is taken for a family reason as described in (a) above.
16	c.	Accumulated sick leave will be utilized concurrently with FMLA leave, whenever the
17	FMLA leave is taken for reasons which qualify for sick leave benefits pursuant to District 18	policy or an applicable collective bargaining agreement.
19	d.	Whenever appropriate workers’ compensation absences shall be designated FMLA leave. 20	e.	Servicemember FMLA runs concurrent with other leave entitlements provided under
21	federal, state and local law. 22

23	When Both Parents Are District Employees 24

25	If both parents of a child are employed by the District, they each are entitled to a total of twelve 26	(12) weeks of leave per year. However, leave may be granted to only one (1) parent at a time, 27	and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for 28	placement of a child for adoption or foster care, or to care for the child after placement; or (3) to 29	care for a parent (but not a parent-in-law) with a serious health condition.
30

31	If spouses are employed by the same employer, the aggregate number of weeks of leave that can 32	be taken is twenty-six (26) weeks in a single twelve (12) month period for serviceperson leave or 33	a combination of exigency and serviceperson leave. The aggregate number of weeks of leave
34	that can be taken by a husband and wife who work for the same employer is twelve (12) weeks if 35	for exigency leave only.
36

37	Employee Notice Requirement 38

39	The employee must follow the employer’s standard notice and procedural policies for taking 40	FMLA.
41

42	Employer Notice Requirement (29 C.F.R. §825.300) 43

44	Employers are required to provide employees with notice explaining the FMLA through a poster 45	and either a handbook or information upon hire. If an employee requests FMLA leave, an
46	employer must provide notice to the employee within five (5) business days of whether the

1	5328P 2                                                                                                                                                                             page 3 of 5 3

4        employee meets the FMLA eligibility requirements. If an employee is not eligible to take 5        FMLA, the employer must provide a reason. The employer must also provide a rights and
6	responsibilities notice outlining expectations and obligations relating to FMLA leave. If FMLA 7	leave is approved by the employer, it must provide th employee with a designation notice stating 8	the amount of leave that will be counted against an employee’s FMLA entitlement.
9

10

11	Notice For Leave Due To Active Duty Of Family Member 12

13	In any case in which the necessity for leave is foreseeable, whether because the spouse, or a son, 14	daughter, or parent, of the employee is on active duty, or because of notification of an impending 15	call or order to active duty in support of a contingency operation, the employee shall provide
16	such notice to the employer as is reasonable and practicable. 17

18	Requests 19

20	A sick leave request form is to be completed whenever an employee is absent from work for 21	more than three (3) days or when an employee has need to be absent from work for continuing 22	treatment by (or under the supervision of) a health care provider.
23

24	An employer may require that a request for leave be supported by a certification issued at such 25	time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a 26	regulation requiring such certification, the employee shall provide, in a timely manner, a copy of 27	such certification to the employer.
28

29	Medical Certification 30

31	The District will require medical certification to support a request for leave or any other absence 32	because of a serious health condition (at employee expense) and may require second or third
33	opinions (at the employer’s expense) and a fitness-for-duty report or return-to-work statement. 34

35	Intermittent/Reduced Leave 36

37	FMLA leave may be taken “intermittently or on a reduced leave schedule” under certain
38	circumstances. Where leave is taken because of birth or placement of a child for adoption or
39	foster care, an employee may take leave intermittently or on a reduced leave schedule only with 40	District approval. Where FMLA leave is taken to care for a sick family member or for an
41	employee’s own serious health condition, leave may be taken intermittently or on a reduced 42	leave schedule when medically necessary. An employee may be reassigned to accommodate
43	intermittent or reduced leave. When an employee takes intermittent leave or leave on a reduced 44	leave schedule, increments will be limited to the shortest period of time that the District’s payroll 45	system uses to account for absences or use of leave.
46

1 2
3
4	Insurance

5328P page 4 of 5

5

6	An employee out on FMLA leave is entitled to continued participation in the appropriate group 7	health plan, but it is incumbent upon the employee to continue paying the usual premiums
8	throughout the leave period. An employee’s eligibility to maintain health insurance coverage will 9	lapse if the premium payment is more than thirty (30) days late. The District will mail notice of
10	delinquency at least fifteen (15) days before coverage will cease. 11

12	Return 13

14	Upon return from FMLA leave, reasonable effort shall be made to place the employee in the 15	original or equivalent position with equivalent pay, benefits, and other employment terms. 16
17	Recordkeeping 18

19	Employees, supervisors, and building administrators will forward requests, forms, and other 20	material to payroll to facilitate proper recordkeeping.
21

22	Summer Vacation 23

24	The period during the summer vacation or other scheduled breaks (i.e., Christmas) an employee 25	would not have been required to work will not count against that employee’s FMLA leave
26	entitlement. 27

28

29	SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES 30

31	Leave More Than Five (5) Weeks Before End of Term 32

33	If an instructional employee begins FMLA leave more than five (5) weeks before the end of
34	term, the District may require the employee to continue taking leave until the end of a semester 35	term, if:
36

37	a.	The leave is at least three (3) weeks; and
38	b.	The employee’s return would take place during the last three-(3)-week period of the 39                      semester term.
40

41	Leave Less Than Five (5) Weeks Before End of Term 42

43	If an instructional employee begins FMLA leave for a purpose other than that employee’s own 44	serious health condition less than five (5) weeks before the end of term, the District may require 45	the employee to continue taking leave until the end of a semester term, if:
46

1	5328P 2                                                                                                                                                                             page 5 of 5 3
4	a.	The leave is longer than two (2) weeks; and
5	b.	The employee’s return would take place during the last two-(2)-week period of the 6                      semester term.
7

8	Leave Less Than Three (3) Weeks Before End of Term 9

10	If an instructional employee begins FMLA leave for a purpose other than that employee’s own 11	serious health condition less than three (3) weeks before the end of term, the District may require 12	the employee to continue taking leave until the end of the academic term if the leave is longer
13	than five (5) days. 14

15	Intermittent or Reduced Leave 16

17	Under certain conditions, an instructional employee needing intermittent or reduced leave for
18	more than twenty percent (20%) of the total working days over the leave period may be required 19	by the District to:
20

21	a.	Take leave for a period(s) of particular duration not to exceed the duration of treatment; 22                      or
23	b.	Transfer to an alternate but equivalent position. 24

25	Procedure History: 26	Promulgated on: 27	Reviewed on:
28	Revised on:	June 24, 2008, May 12, 2009

1	Hardin Public Schools
2 3 4
5	5420F	PERSONNEL 6
7

8 9 10 11
12	ESSA Qualification Notifications

Adopted on: 6/27/17 Reviewed on:

Revised on:

13

14	ANNUAL NOTIFICATION -OPTION TO REQUEST PROFESSIONAL QUALIFICATIONS 15

16	TO: ______________________________________	FROM _______________________ 17                                   Parent’s Name                                                                              School Name
18	DATE ________________	RE _______________________________	GRADE _________ 19                                                                              Student’s Name

20 21
22	Dear Parent/Guardian, 23
24	Because our District receives federal funds for Title I programs as a part of the Every Student 25	Succeeds Act (ESSA), you may request information regarding the professional qualifications of 26	your child’s teacher(s) and paraprofessional(s), if applicable.
27
28	If you would like to request this information, please contact _____________________________ 29	by phone at ___________________________ or by e-mail at __________________________. 30
31
32	Sincerely, _________________________________ 33                                          Principal/designee
34

HARDIN PUBLIC SCHOOLS R = required
6000 SERIES ADMINISTRATION

TABLE OF CONTENTS

Procedures

R 6110P	Superintendent – Board Responsibilities 6121P	District Organization Chart

Hardin Public Schools

ADMINISTRATION

Superintendent

R

6110P page 1 of 2

The Board will:
	The Superintendent will:
	
Select the Superintendent and delegate to him/her all necessary administrative powers.
	Serve as chief executive officer of the District.
	
Adopt policies for the operations of the school system and review administrative procedures.
	Recommend policies or policy changes to the Board and develop procedures which implement Board policy.
	
Formulate a statement of goals reflecting the philosophy of the District.
	Provide leadership in the development, operation, supervision, and evaluation of the educational program.
	
Adopt annual objectives for improvement of the District.
	Recommend annual objectives for improvement of the District.
	
Approve courses of study.
	Recommend courses of study.
	
Approve textbooks.
	Recommend textbooks.
	
Approve the annual budget.
	Prepare and submit the annual budget.
	
Employ certificated and classified staff, in its discretion, upon recommendation of the Superintendent.
	Recommend candidates for employment as certificated and classified staff.
	
Authorize the allocation of certificated and classified staff.
	Recommend staff needs based on student enrollment, direct and assign teachers and other employees of the schools under his/her supervision; shall organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, as best serves the District, subject to the approval of the Board.
	
Approve contracts for major construction, remodeling, or maintenance.
	Recommend contracts for major construction, remodeling, or maintenance.
	
Approve payment of vouchers and payroll.
	Recommend payment of vouchers and payroll.
	
Approve proposed major changes of school plant and facilities.
	Prepare reports regarding school plant and facilities needs.

6110P page 2 of 2

The Board will:
	The Superintendent will:
	
Approve collective bargaining agreements.
	Supervise negotiation of collective bargaining agreements.
	
Assure that appropriate criteria and processes for evaluating staff are in place.
	Establish criteria and processes for evaluating staff.
	
Appoint citizens and staff to serve on special Board committees, if necessary.
	Recommend formation of ad hoc citizens’ committees.
	
Conduct regular meetings.
	As necessary, attend all Board meetings and all Board and citizen committee meetings, serve as an ex-officio member of all Board committees, and provide administrative recommendations on each item of business considered by each of these groups.
	
Serve as final arbitrator for staff, citizens, and students.
	Inform the Board of appeals and implement any such forthcoming Board decisions.
	
Promptly refer to the Superintendent all criticisms, complaints, and suggestions called to its attention.
	Respond and take action on all criticism, complaints, and suggestions, as appropriate.
	
Authorize the ongoing professional enrichment of its administrative leader, as feasible.
	Undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations.
	
Approve appropriate District expenditures recommended by the Superintendent for the purpose of ongoing District operations.
	Diligently investigate and make purchases that benefit the most efficient and functional operation of the District.

Procedure History: Promulgated on: Reviewed on:
Revised on:	August 28, 2007

		
Counselors

		
Specialists

		
Lunchroom Personnel

		
Building Cooks

		
Head Cook

		
Superintendent

	District Business Office

		
Building Principals

		
Office Staff

		
Building Custodians

		
Head Building Custodian

		
Other Support Staff

		
Classroom Teachers

		
Classroom Aides

1	Hardin Public Schools 2

3	ADMINISTRATION 4

5 6 7
8

6121P

District Organizational Chart

HARDIN SCHOOL BOARD

9 10 11 12 13 14 15 16 17 18 19 20 21 22
23 24 25

26 27 28 29 30 31 32
33

Transportation Director

Facilities Manager

			
		
	Activity Director

Parents	Coaches and Advisors

Assistant Coaches

		
Parents

HARDIN PUBLIC SCHOOLS R = required
7000 SERIES FINANCIAL MANAGEMENT

TABLE OF CONTENTS

Procedures

7231P	Federal Impact Funds
7251P	Disposal of Surplus Equipment and/or Materials 7330F	Payroll Procedures – Schedules Form

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7231P 4

5	Federal Impact Funds 6

7	The Board adopts the following procedures as required by Title VIII (Impact Aid Program) of 8	the Elementary and Secondary Education Act:
9

10	The Board recognizes the establishment of an Indian Advisory Committee to function under a 11	constitution and bylaws approved by the Committee and the Board. Membership on the
12	committee board will be open to but not limited to guardians and legal representatives of 13	children residing on Indian lands.
14

15	The Indian Advisory Committee will serve in an advisory capacity to the Board and the
16	administration of School District 17H and 1, in matters concerning applications, evaluations, and 17	plans of education for Indian children.
18

19	The Committee is granted the authority and responsibility designated by statute in federally
20	funded education programs, specifically: Johnson-O’Malley Act of 1934 (48 stat. 596, 29 stat. 21	1458); the Indian Education Act, Title IV of ESEA, 1965, amended 1972 (20 USC 241 aa-241ff, 22	1211a, 1221h, 3385, 3385a, and 34 CFR Parts 250-262); and the Bilingual Education Act, Title 23	VII of ESEA, 1965, amended 1978 and 1984 (20 USC 3223-3231 and 34 CFR Parts 500-501). 24
25	The committee will also serve as the liaison between the District and parents of Indian children. 26	Any parent may contact any member of the Board or attend any of the regularly scheduled
27	meetings to express concerns or views on the District’s educational program and its operations. 28	If action is requested, a representative of the District’s administration or the Chairman of the
29	Indian Advisory Committee will pursue the matter to the Superintendent or the Board. 30

31	Parental input will be solicited by the District from the Indian Advisory Committee and in turn 32	their parent constituency on programmatic plans and applications. The Committee’s
33	recommendations will be submitted to the Board prior to Board action. A public hearing will be 34	held to provide a second opportunity for input as required by statute or regulation for federal
35	funding of education programs. Notice of the hearing will be published in the Hardin Herald, 36	and communications will be sent home periodically with the children of the District. Copies of 37	all programs directly affecting Indian education will be available for public inspection at a cost 38	not to exceed the cost of duplication.

39

40	Legal Reference: 41

42 43 44
45

20 U.S.C.S. 7701, et seq.

34 CFR 222.94

The Impact Aid Program Statute (Title VIII of the Elementary and Secondary Education Act of 1965)
What provisions must be included in a local educational agency’s Indian policies and procedures?

46

47	Procedure History: 48	Promulgated on: 49	Reviewed on:
50	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7251P 4

5	Disposal of Surplus Equipment and/or Materials 6

7	The procedure for the sale of obsolete and/or surplus equipment, supplies, furniture, and other 8	District personal property is as follows:
9

10	1.	The principal or department advisor shall supply a written rationale which supports the 11                      obsolescence of the item.
12

13	2.	All other departments and/or buildings shall have the opportunity to view the item during 14                      a two-(2)-week period.
15

16	3.	If the item is not claimed during the two-(2)-week period, a value shall be placed on the 17                      item by two (2) staff members who are familiar with items of a similar nature. The value 18                      of textbooks shall be established as follows:

19

20	New Books Purchased During Current Term 21

22	Books 2 years old 23                                                   3 years old 24                                                   4 years old
25	Over 4 years old

Full Cost

80% 60% 40% 20%

26

27	4.	The remaining items shall be available for purchase by the general public. 28

29	5.	The District shall publicize the sale, which shall be open to the general public. 30

31	6.	The Board shall specify the nature and conduct of any sale of property which exceeds the 32                      limits specified in Policy 7251.
33

34

35

36	Policy History: 37	Promulgated on: 38	Reviewed on:
39	Revised on:	August 28, 2007

1	Hardin Public Schools 2

3	FINANCIAL MANAGEMENT	7330F 4
5	PAYROLL PROCEDURES / SCHEDULES

6	(Deferred Wage Payment Election Form)

7        By my signature I hereby acknowledge that I have read and understand the School 8        District's policy on deferred wages. Furthermore, by my signature on this form I am 9        electing to defer payment of my wages on an annualized basis consisting of 10        _____________ payments.      I understand that any change from an annualized 11        election of payment requires that I notify the District prior to the beginning of duty
12	for the fiscal year in which the change is being given.

13	_________________________________________ 14	Signature

15	_________________________________________ 16	Printed name

17

18
19	Policy History:
20	Adopted on:	February 26, 2008 21	Reviewed on:
22	Revised on:

___________________________ Position

___________________________ Date signed

HARDIN PUBLIC SCHOOLS R = required
8000 SERIES
NON-INSTRUCTIONAL OPERATION

TABLE OF CONTENTS

Procedures

8425P	Service Animals
8425F	Service Animals in School District Facilities Form

8425F

Service Animals in District Facilities

Please provide the following information about the service animal.

1.	Parent/Staff and/or emergency contact information: 	

_____ 2.	Type of service animal (breed, age, and history): 	__________

3.	Insurance company insuring the service animal: 	_____ Attached proof of insurance:	□ Received □ Not Received
4.	Agent name and address: 	

5.	Phone number: 	

Proof of current and proper vaccinations:	□ Received □ Not Received

Documentation of Public Access Test (PAT):□ Received □ Not Received

8.	Name of trainer or organization who administered the PAT: 	

9.	Address of trainer or organization: 	

10.	Phone number of trainer or organization: 	

11.	List and attach any letters or other documentation from medical providers or other service providers
regarding the student’s/staff’s need for the service animal: 	
□ Received □ Not Received
12.	 Has the student/staff member requesting use of the animal been trained as the animal’s handler? □ Yes □ No

If no, who will act as the trained handler for the animal during the school/work day? 	

13.	Is the student/staff able to independently care for the service animal’s needs (i.e., bathroom, feeding, cleaning up messes, hygiene, etc.) □ Yes □ No

14.	Describe the manner in which the service animal will meet the student’s/staff’s individual needs:

1	Hardin Public Schools 2

3	NONINSTRUCTIONAL OPERATIONS	8425P 4

5	Service Animal Allowance Procedure 6
7	The following procedures have been developed which will help guide the administration when a request 8	for the use of a service animal has been presented by an individual with a disability.
9
10	Inquiries: The administration shall not ask about the nature or extent of a person's disability, but 11	may make two inquiries to determine whether an animal qualifies as a service animal. The
12	administration may ask if the animal is required because of a disability and what work or task the 13	animal has been trained to perform. The administration shall not require documentation, such as 14	proof that the animal has been certified, trained, or licensed as a service animal. Generally, the
15	administration may not make these inquiries about a service animal when it is readily apparent 16	that an animal is trained to do work or perform tasks for an individual with a disability ( e.g., the 17	dog is observed guiding an individual who is blind or has low vision, pulling a person's
18	wheelchair, or providing assistance with stability or balance to an individual with an observable 19	mobility disability).
20
21	Exclusions: The administration may ask the individual to remove the service animal from the premises if 22	the animal is out of control and the handler does not take effective action to control it, or if the animal is 23	not housebroken. If the administration properly excludes the service animal, it shall give the individual 24	the opportunity to participate in the service, program, or activity without having the service animal on the 25	premises.
26
27	Surcharges: The administration shall not ask or require the individual to pay a surcharge, even if people 28	who are accompanied by pets are required to pay fees, or to comply with other requirements generally not 29	applicable to people without pets. If the District normally charges individuals for the damage they cause, 30	the individual may be charged for damage caused by his or her service animal.
31
32	Miniature horses assessment factors: In determining whether reasonable modifications can be made to 33	allow a miniature horse into a specific facility, the District shall consider:
34
35               •     The type, size, and weight of the miniature horse 36               •     Whether the miniature horse is housebroken, and
37	•	Whether the miniature horse’s presence in a specific facility compromises legitimate safety 38                      requirements that are necessary for safe operation.
39 40
41	Policy History:
42	Promulgated on:	7/12/2011 43	Reviewed on:
44	Revised on:

© MTSBA 2011