Midvale School District #433 - Policy Manual

1010 - FACILITY SECTION

1011.1 - Facility Use Regulations & Charges

1011.2 - Facility Use

1011.3 - Student Use of Buildings: Equal Access

1012.1 - Co-Sponsored Activities

1013.1 - Non-Smoking Policy

1014.1 - Internet Use Agreement

1021.2 - Board-Staff Communications

1022.1 - Filing of Grievances

1023.1 - Filing of Complaints

1031.1 - Retention & Destruction of Records

1032.1 - Maintenance of Student Records

1050 - HEALTH RELATED ISSUES

1051.1 - Acquired Immune Deficiency Syndrome/HIV (AIDS)

Policy 1011.1 - Facility Use Regulations and Charges

Use and Priority Classification

The following primary classifications shall apply, in order, for the purpose of setting fees and establishing priorities for use:

	Classification A – District sponsored or co-sponsored activities
	Classification B – Open activities. Education or recreational activities, open to the public, that are conducted by local, non-profit groups.
	Classification C – Restricted activities. Educational or recreational activities that are conducted by local, non-profit groups for the benefit of their membership.
	Classification D – Private Activities. Activities restricted to the membership of the group or by private invitation such as parties, weddings or receptions.
	Classification E – Commercial activities conducted for commercial purposes.

The following sub-classifications shall be considered in the determination of fees and priorities of use:

	Sub-classification 1 – Unorganized group. An organized group shall have preference over an unorganized group.
	Sub-classification 2 – Non-resident individual or group. Any individual who resides outside the district boundaries or any group whose make-up consists of over 50% non-residents.

The following procedures will be utilized when scheduling district facilities for activities:

Fund raising activities, be each classification group, will be required to obtain:

• Superintendent approval.

• Midvale Student Council Approval. Classification groups may obtain approval for fund raising activities by making a written request to the Superintendent or Student Council Advisor, or by attending Student Council meetings and making the request personally.

• A permit may be obtained from 2 days to 4 months in advance.
• The school may cancel any reservation when it is necessary to use the facility for school activities.
• The individual signing the permit will be responsible for setting up, cleaning up and care of the facility.
• The person signing the permit must pick up a key the day before the activity and return it the next day. The key may be picked up on Friday and returned on Monday for weekend activities. Exceptions must be approved by the Superintendent.
• A $25.00 deposit will be required when picking up a key and will be reimbursed when the key is returned.

Policy 1011.2 - Policy and Rules on Facilities Use

Policy on Facility Use

• A use permit is required of all individuals or groups. The permit must be signed by a responsible party who agrees to accept responsibility for enforcing the provisions of this policy.
• Use of tobacco or alcoholic beverages are prohibited in school facilities. Any violator will be removed from the facility.
• The Superintendent may require an individual or group to furnish liability insurance if it is deemed to be in the best interest of the District.

CLASSIFICATIONS FOR USE. Priorities for use are in the following order:

• School sponsored or co-sponsored activities.
• Educational or recreational activities, open to the public and sponsored by local, non-profit groups.
• Educational or recreational activities, restricted to membership or invitation, and sponsored by local, non-profit groups.
• Activities such as parties, weddings or receptions.
• Commercial activities.

SUB-CLASSIFICATIONS:

• Unorganized groups.
• Non-resident group or individual.

• A permit may be obtained from 2 days to 4 months in advance.
• The school may cancel any reservation when it is necessary to use the facility for school activities.
• The individual signing the permit will be responsible for setting up, cleaning up and care of the facility.
• The person signing the permit must pick up a key the day before the activity and return it the next day. The key may be picked up on Friday and returned on Monday for weekend activities. Exceptions must be approved by the Superintendent.

Policy 1011.3 - Student Use of Buildings: Equal Access

Non-curriculum related secondary school student organizations may conduct meetings on school premises without intervention on the basis of the religious, political, philosophical, or other content of the meeting.

The following criteria must be met:

• 1. The meeting is voluntary and student-initiated.
• 2. There is no sponsorship of the meeting by the school, the government, or its agents or employees.
• 3. The meeting must occur during non-instructional time on regular school days.
• 4. Employees or agents of the school or government are present only in a non-participatory capacity.
• 5. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.
• 6. Non-school persons may not direct, conduct, control, or regularly attend activities.

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

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

Policy 1012.1 - Co-Sponsored Activities

When the district chooses to co-sponsor an activity on school property and there is to be a fee charged for participation, the following shall apply:

• The fee must be approved by the Superintendent.
• The fee shall not be excessive when considered in light of the instructor’s salary, supplies, etc.
• The fee must be collected by the non-school sponsor.
• The school shall collect ten (10) percent of the fee and credit the amount collected to a maintenance fund for the facility used.

Policy 1013.1 - Non-Smoking Resolution

WHEREAS, the State Board of Education is concerned about the health and safety of all students, employees, and patrons of the public schools of the State of Idaho; and

WHEREAS, research has indicated that the second-hand smoke is harmful to the health of individuals subjected to it; and

WHEREAS, smoking is currently prohibited in all state buildings;

NOW THEREFORE be it resolved that the State Board of Education, exercising its constitutional authority to supervise public institutions of education of the State of Idaho, hereby prohibits smoking in all buildings and on all property owned or leased by public school districts in Idaho.

Policy 1014.1 - Internet Use Agreement

Please read this document carefully before signing.

Internet access is now available to students and teachers in the Midvale School District. We are very pleased to bring this access to Midvale School District and believe the Internet offers vast, diverse, and unique resources to both students and teachers. Our goal in providing this service to teachers and students is to promote educational excellence in schools by facilitating resource sharing, innovation, and communication.

The Internet is an electronic highway connecting thousands of computers all over the world and millions of individual subscribers. Students and teachers have access to:

• electronic mail communication with people all over the world.
• information and news from NASA as well as the opportunity to correspond with the scientists at NASA and other research institutions.
• public domain software and shareware of all types.
• discussion groups on a plethora of topics ranging from Chinese culture to the environment to music to politics.
• access to many University Library Catalogs, the Library of Congress and ERIC.

With access to computers and people all over the world also comes the availability of material that may not be considered to be of educational value in the context of the school setting. Midvale School District has taken precautions to restrict access to controversial materials. However, on a global network it is impossible to control all materials and an industrious user may discover controversial information. We (Midvale School District) firmly believe that the valuable information and interaction available of this worldwide network far outweighs the possibility that users may procure material that is not consistent with the educational goals of the District.

Internet access is coordinated through a complex association of government agencies, and regional and state networks. In addition, the smooth operation of the network relies upon the proper conduct of the end users who must adhere to strict guidelines. These guidelines are provided here so that you are aware of the responsibilities you are about to acquire. In general this requires efficient, ethical and legal utilization of the network resources. If a Midvale School District user violates any of these provisions, his or her account will be terminated and future access could possibly be denied. The signature(s) at the end of this document is (are) legally binding and indicates the party (parties) who signed has (have) read the terms and conditions carefully and understand(s) their significance.

Acceptable Use - The use of your account must be in support of education and research and consistent with the educational objectives of the Midvale School District. Use of other organization’s network or computing resources must comply with the rules appropriate for that network. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. Use for commercial activities is generally not acceptable. Use for product advertisement or political lobbying is also prohibited.

Privileges - The use of the Internet is a privilege, not a right, and inappropriate use will result in a cancellation of those privileges. (Each student who receives an account will be part of a discussion with a Midvale School District faculty member pertaining to the proper use of the network.) The system administrator will deem what is inappropriate use and their decision is final. Also, the system administrators may close an account at any time as required. The administration, faculty, and staff of Midvale School District may request the system administrator to deny, revoke, or suspend specific user accounts. In an effort to may students accountable the district may assess a user fee.

Network Etiquette - You are expected to abide by the generally accepted rules of network etiquette. These include (but are not limited to) the following:

• Be polite. Do not get abusive in your messages to others.
• Use appropriate language. Do not swear, use vulgarities or any other inappropriate language. Illegal activities are strictly forbidden.
• All use of the Internet must be in support of education and research consistent with the mission of Midvale School District. Intentionally using the Internet to access or process inappropriate materials is strictly prohibited.
• Do not reveal your personal address or phone numbers or those of other students or colleagues.
• Note that electronic mail (e-mail) is not guaranteed to be private. People who operate the system do have access to all mail. Messages relating to or in support of illegal activities may be reported to the authorities.
• Do not use the network in such a way that you would disrupt the use of the network by other users.
• All communications and information accessible via the network should be assumed to be private property.

Midvale School District makes no warranties of any kind

 Security - Security on any computer system is a high priority, especially when the system involves many users. If you feel you can identify a security problem on the Internet, you must notify a system administrator. Do not demonstrate the problem to other users. Do not use another individual’s account without written permission from that individual. Attempts to log on to the Internet as a system administrator will result in cancellation of user privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the Internet. Vandalism - Vandalism will result in cancellation of privileges. Vandalism is defined as any malicious attempt to harm or destroy data of another user, Internet, or any of the above listed agencies or other networks that are connected to the Internet. This includes, but is not limited to, the uploading or creation of computer viruses.

Copyright - All material on the Internet is to be considered copyrighted and will not be used by individuals without permission from the author(s). Proper documentation will be provided for all works cited or used in all projects. The license agreement on all software used on school equipment will be strictly adhered to by all students and faculty of the Midvale School District.

I understand and will abide by the above Internet Use Agreement. I further understand that any violation of the regulations above is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges may be revoked, school disciplinary action may be taken, and/or appropriate legal action.

_________________________________                                                             __________________________________

Student Signature                                                                                         Date of Signature

As the parent or guardian of this student, I have read the Internet Use Agreement. I understand that this access is designed for educational purposes. Midvale School District has taken precautions to eliminate controversial material. However, I also recognize it is impossible for Midvale School District to restrict access to all controversial materials and I will not hold them responsible for materials acquired on the network. Further, I accept full responsibility for supervision if any when my child’s use is not in a school setting. I hereby give permission to issue an account for my child and certify that the information contained on this form is correct.

_______________________                     _____________________________                             _______________________

Name of Parent/Guardian                     Signature of Parent/Guardian                                    Date of Signature

I have read the Internet Use Agreement and agree to promote this agreement with the student. Because the student may use the network for individual work or in the context of another class, I cannot be held responsible for the student’s use of the network. As the sponsoring teacher I do agree to instruct the student on acceptable use of the network and proper network etiquette.

_______________________                 _____________________________                     _______________________

Name of Teacher                             Signature of Teacher                                     Date of Signature

Policy 1021.2 - Board-Staff Communications

The board of trustees recognizes that the success of the district’s educational program requires effective and open communication between the board and staff members to facilitate the sharing of ideas and matters of mutual interest, as well as resolving personnel issues as they arise. The superintendent, as administrator of the district and chief executive of the board, will establish the avenues for board-staff communications.

"Official communications" is defined as those oral or written statements which are relevant to the staff member as an employee of the district. Official communications include statements regarding internal policies or practices which are relevant only to the district employees. Excluded from official communications are 1) oral or written statements between the board and a staff member in his/her capacity as a district patron or parent; and 2) oral or written statements which specifically address matters of public concern.

In order to ensure the orderly conduct of district business, all official communications to the board or individual board members from staff members will be submitted to the board through the superintendent. The superintendent will develop a system to efficiently facilitate official communications from staff members to the board. However, this requirement will not be construed as denying any staff member’s right to appeal administrative decisions to the board, provided that the superintendent has been notified of the forthcoming appeal and it is processed according to applicable procedures.

All official board communications, policies, directives and actions will be communicated to staff members through the superintendent. The superintendent will develop appropriate methods to keep staff fully informed of the board’s problems, concerns and actions.

Any staff member who wishes to address the board in the employee’s capacity as a parent or district patron, rather than as an employee, may do so by following the district policies regarding patron complaints and communications.

Policy 1022.1 - Grievance Procedure for Employees

DEFINITIONS

Grievance is an employee’s written allegation of unfair treatment or a violation of district policy by the board, district administrator or other staff member which effects the employee’s employment.

PROCEDURE

An employee may file a grievance about any matter related to his or her employment, provided that neither the employee’s rate of salary or wage nor the decision to terminate a non-certificated employee for cause during the initial one hundred eighty (180) days of employment will be a proper subject for consideration under this grievance procedure.

A grievance must be in writing and received by the employee’s immediate supervisor within six (6) working days of the incident giving rise to the grievance. The grievance must state the nature of the grievance and the remedies sought.

The immediate supervisor will investigate and provide a written response to the employee within six (6) working days of receipt of a grievance.

If the employee is not satisfied with the immediate supervisor’s response, or if there is no response within six (6) working days, the employee may appeal the grievance to the superintendent or designee within five (5) working days after receiving a response or within five (5) working days from the date a response should have been received.

In an effort to resolve the appeal, the superintendent or designee will investigate and communicate with the employee within six (6) working days of receiving the appeal. Within five (5) working days of communicating with the employee, the superintendent or designee will provide a written response to the employee.

If the employee is not satisfied with the response of a superintendent or designee, or if no response was received, the employee may request a review of the grievance by a panel within five (5) working days of receipt of the response or failure to receive a response.

The board will convene a panel consisting of three (3) persons within ten (10) working days of receipt of the appeal. The panel will consist of one (1) individual designated by the superintendent, one (1) individual designated by the employee, and one (1) individual agreed upon by the two (2) appointed members for the purpose of reviewing the appeal.

The panel will submit its written decision within five (5) working days following completion of its review to the employee, the superintendent, and the board.

The panel’s decision will be the final and conclusive resolution of the grievance unless the board overturns the panel’s decision by resolution at the board’s next regularly scheduled public meeting. Either party may, within forty-two (42) calendar days of the filing of the board’s decision, appeal to the district court of this county.

An employee filing a grievance will be entitled to a representative of the employee’s choice at each step of the grievance procedure. The district’s representative will also be entitled to representation at each step of the grievance procedure.

The time lines set forth in this policy may be waived or modified by mutual agreement.

Utilization of the grievance procedure will not constitute a waiver of any right of appeal available pursuant to law or regulation.

Neither the board nor any member of the administration will take reprisals affecting the employment status of any party in interest.

Policy 1023.1 - Filing of Complaints

General

State and Federal laws and regulations guarantee students and staff alike varying degrees of due process before they are deprived of certain privileges or activities. In certain instances due process guarantees a person the right to face the person registering the complaint.

The purpose of this policy is to establish guidelines to protect the Board, the Administrator and the party against whom a complaint has been filed, and to guarantee consistency of procedures.

Complaints, other than grievances defined in Policy 1002.1, should be discussed by and between the parties involved. Should this discussion not resolve the issue, then the following more formal procedures should be followed.

The Board recognizes that the district’s patrons may have complaints or concerns regarding the district’s operation and educational programs. District patrons include individuals who reside within the district’s boundaries and parents who have students attending district schools.

Individual members of the board of trustees may listen to the problems brought to their attention by a patron of the district, but will take no action except to refer the individual to the building principal or superintendent. A board member may bring any matter for review to the attention of any member of the administration and/or to the attention of the board sitting as a whole.

Patrons are encouraged to make every effort to resolve a complaint or concern informally by discussing the matter with the responsible staff member.

Complaints by staff members must be made in writing, signed, dated and delivered to the Superintendent. Staff members shall not discuss complaints or problems with school employees, students, or patrons with individual Board members.

Complaints by students should be resolved when possible without written statements. However, when in the opinion of the Superintendent, the complaint is of such a nature as to be considered serious the complaint shall be put in writing, signed and dated.

When a written complaint has been filed, the following procedure shall be followed:

• If the complaint cannot be resolved informally or the patron, staff or student is unwilling to discuss the matter directly with the staff member, a written complaint may be filed with the district. The written complaint must identify the complainant and the staff member(s) involved, and include a summary of the nature of the complaint, the relevant facts and the efforts made in informally resolve the issue. The written complaint must be filed within ten (10) working days of the date of the incident giving rise to the complaint.
• All written complaints regarding staff members shall be initially filed with the building principal or immediate supervisor. Complaints regarding an administrator shall be filed with the superintendent or designee. Complaints regarding the superintendent shall be filed with the board chairman.
• If the complaint does not involve a personnel issue, the written complaint must be filed with the administrator overseeing the educational program or other operation.
• The administrator receiving the complaint shall investigate and attempt to resolve the issues raised consistently with the district’s policies and educational goals. Employees against whom complaints are lodged will be notified in a timely manner that a complaint has been filed and given an opportunity to write a response. At his/her discretion, the administrator will document his/her findings and recommendations for resolution. The complainant and employee will be notified, in writing, of the administrator’s findings and recommendations for resolution within ten (10) working days of the date the complaint was filed with the district.
• If the complaint remains unresolved after an initial review by the administrator, it may be appealed to the superintendent. The appeal must be filed by the complainant or employee within five (5) working days of the date notice of the administrator’s findings and recommendations for resolution were mailed or hand delivered to the parties. The superintendent will review the complaint and information obtained during the investigation, and the recommendations for resolution. The superintendent may conduct further investigations and/or meetings as he/she deems necessary. The superintendent will affirm or modify the administrator’s recommendations for resolution. The complainant and employee will be notified, in writing, of the administrator’s findings and recommendations for resolution within ten (10) working days of the date the appeal was filed.

If the complaint remains unresolved after the superintendent’s review, it may be appealed to the board of trustees. The appeal must be filed by the complainant or employee within five (5) working days of the date notice of the superintendent’s findings and recommendations for resolution were mailed or hand delivered to the parties. The complaint will be taken up at the board’s next regularly scheduled meeting for which it may be placed on the agenda. The complainant, employee, or superintendent may request to address the board. Unless the complaint is directed against the superintendent, no party may address the board unless the superintendent’s report regarding the complaint and recommended resolution has been received by the board.

Complaints before the board concerning an employee shall be addressed in executive session except that the employee may require that the hearing be conducted in open session.

All parties to a complaint may be asked to attend the board meeting for the purpose of presenting all available evidence and allowing every opportunity for explaining and clarifying the issue. Individuals must identify whom they represent and may be asked questions regarding their presentation. The board reserved the right to set time limitations for presentations and speakers.

The board’s decision regarding resolution of the complaint will be final.

Policy 1031.1 - Retention and Destruction of Records

General

The records listed below may be destroyed after the prescribed retention period. When such records are destroyed, the Superintendent shall report the same to the Board of Trustees.

The following inactive records shall be retained for five (5) years after the close of the fiscal year to which they apply unless there is pending litigation relating to them:

• Contracts or agreements.
• Advertising, job opening announcements, interviews, and related documents.

The following inactive records shall be retained for ten (10) years after the close of the fiscal year to which they apply unless there is pending litigation relating to them:

• Federal compliance reports.
• Transcripts and exhibits from administrative hearings.
• Expired insurance policies.

The following records shall be retained permanently:

• Titles to all real property.
• Blueprints of buildings.
• Board meeting minutes.
• Permanent records of all employees which shall include dates of employment, salary paid, certification records, training data, and data relating to employment problems.
• Permanent student records.
• Legal description of school district boundaries.
• Legal description of trustee zones.
• Records of enrollment and attendance by grades for each year.
• Deeds of certificates for water rights.
• Policy manuals and revisions.

Policy 1032.1 - Maintenance of Student Records

General

The district shall keep a cumulative folder on all students. The folders shall be stored in a fireproofed, locked file in the administrator’s or counselor’s office. In addition, students enrolled in special service programs may have separate supporting records maintained in the resource room.

The school counselor shall serve as records manager for regular files and the special services program folder shall be managed by the special program coordinator.

All records shall be confidential and access logs shall be signed by all who review the records.

Student records shall contain accurate, permanent or semi-permanent information on student grades, test results, attendance and health that will assist the student, staff, and parents in reaching academic, personal, social, and vocational decisions.

Records may be reviewed by school employees with a legitimate educational interest without parental or student consent. Records may be released to certain educational agencies and other parties identified by law without prior parental or student consent. Before information in released to others not specified above parental or student (if 18 or over,) consent must be given in writing.

Parents and students have the right to review student records at reasonable times and to obtain copies at no cost to the parent or student.

Each year, parents and students shall be notified by press release and/or handouts at registration, of their rights to inspect records and where those records are kept.

Records shall be purged of information no longer needed and parents or students shall be notified.

Parents or eligible students have a right to request and have outdated or irrelevant information deleted from records.

The district shall use the booklet "Guidelines For the Management of Student Records" published by the State Department of Education, August 1980, as the district guideline for records management and the accompanying forms, amended as needed, shall be used.

Policy 1051.1 - Acquired Immune Deficiency Syndrome/HIV (AIDS)

For the purposes of the guidelines set forth in this policy, the terms "infected individual" includes "infected students" and "infected employees". These terms are defined as those persons who have been diagnosed as having AIDS or ARC (AIDS Related Complex) and to persons who are asymptomatic carriers who have serologic evidence of infection.

No infected student (employee) shall attend school or school activities until the following review process has been completed. The determination whether an infected student (employee) shall be permitted to attend classes and participate in school activities with other students shall be recommended by an evaluation team on a case by case basis to the Board of Trustees.

The Board of Trustees shall consider the evaluation team’s recommendation and make a final non-precedential determination. The evaluation team shall be composed of public health personnel, the student’s (employee’s) physician, the student’s parent or guardian, school district legal counsel, and appropriate school personnel as determined by the Board of Trustees. In making this recommendation, the team shall consider in each case:

• 1. The behavior neurological development and physical condition of the student (employee);
• 2. The expected type of interaction with others in the school setting;
• 3. The risks and benefits to both the infected individual and others in the school setting.

All school personnel and all others involved in the review process must keep all information confidential including the name of the person suspected of having AIDS. The school district will take every reasonable step to maintain confidentiality, however, there is no guarantee of confidentiality nor is there any implied or expressed recognition of a right of privacy.