LEAD-DEADWOOD SCHOOL
DISTRICT 40-1
POLICY BOOK
TABLE OF CONTENTS
by
Section A: Foundations and Basic Commitments
Section B: School Board Governance and Operations
Section C: General School Administration
Section F: Facilities Development
Section K: School-Community Relations
Section L: Education Agency Relations
Below is listing of Lead-Deadwood School District policies in Section A that have been approved by the Lead-Deadwood Board of Education.
AGA
The Board will, from time to time, recognize outstanding service or accomplishments on behalf of the school district by students, staff members, Board members or other citizens. One form of recognition will be the adoption of a resolution citing such service or accomplishment. Another will be letters of commendation from the Board. The Board may invite individuals or groups that have made important school-related contributions or achievements to the Board meeting at which time they will be commended.
The Board of Education will recognize those persons who are or have completed at least one (1) three (3)-year term on the Board of Education to which they were elected or appointed and will no longer be members of the Board of Education with a plaque and a life time pass for all activities of the school district which the Board of Education controls.
The Board of Education may recognize those individuals who have served less than one (1) three (3)-year term but have made outstanding contributions and/or service to the Board of Education.
Revised: February 10, 1997
Revised: January 10, 2017
AC Nondiscrimination in Federal Programs
The District will not violate any of the provisions of applicable federal programs, statutes or regulations, including but not limited to Title IX, ESEA/Title I, Rehabilitation Act Section 504, Title II (Americans with Disabilities Act), ESSA, and McKinney-Vento Act (homeless children). The District will not discriminate in any of its policies and programs on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
The District will provide the following:
1. An adequate, reliable, and impartial investigation of complaints, including the opportunity for the complainant and alleged perpetrator to present witnesses and provide evidence;
2. Evaluation of all relevant information and documentation relating to a complaint of discrimination;
3. Specific, reasonably prompt time frames at each stage of the grievance process;
4. Written notice to all parties within a specified timeframe of the outcome or disposition of the grievance at each stage of the process;
5. An opportunity to appeal the findings or remedy, or both;
6. An assurance that the District will take steps to prevent recurrence of any discrimination and correct discriminatory effects on others; and
7. Language in the policies and grievance procedures indicating that any attempts to informally or voluntarily resolve the complaint or grievance should not delay the commencement of the District’s investigation.
In compliance with applicable federal laws and regulations, the Board has appointed the Superintendent as the District’s Compliance Officer to coordinate program compliance with federal programs. The Superintendent can be reached at:
Lead-Deadwood 40-1
320 S. Main St.
Lead, SD 57754
Phone #: (605) 717-3890
A complaint may also be filed with the United States Office for Civil Rights, U.S. Department of Education at: 1010 Walnut Street, Suite 320, Kansas City, Missouri 64106: Telephone: (816) 268-0550; Facsimile: (816)268-0599; Telecommunication Device for the Deaf: (877) 521.2172; E-mail: OCR.KansasCity@ed.gov.
COMPLAINT PROCEDURE
The Board has adopted a specific procedure to ensure that parental/student/public complaints related to the provisions of applicable federal programs, statutes or regulations, including claims of retaliation. The Board will not discriminate, in any of its policies and programs, on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
The purpose of this complaint procedure is to outline a procedure for addressing parental/student/public complaints about federal program compliance and/or discrimination. Complaints against school employees and complaints related to sexual harassment, bullying, and instructional and library materials are addressed through other School District policies and not through this policy.
For the purposes of this policy, a “complaint” is a perceived or alleged violation of federal programs, statutes or regulations (e.g., Title IX, ESEA/Title I, Rehabilitation Act Section 504, Title II (Americans with Disabilities Act), ESSA, McKinney-Vento Act (homeless children), etc.) and/or discrimination in a policy and/or program on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
To protect the confidentiality of all concerned, it is imperative that any school employee in receipt of a complaint treat the complaint as confidential and that the complaint not be reproduced in any form, nor disclosed or discussed with any person other than those identified as proper recipients of the complaint (i.e., the principal, superintendent, school board).
When a federal program compliance complaint or discrimination/harassment complaint based on race, color, national origin, age or sex (excluding sexual harassment complaints) is brought directly to an individual board member or the entire Board, the board member or entire Board may listen to the person’s complaint but shall take no action unless there has been compliance with this Policy. The person bringing the complaint will be directed to the procedure as set forth below. The following procedure is designed to ensure the proper balance in protecting the rights of the person(s) bringing the complaint and the rights of the employee against whom the complaint is made. It is only when the person having the complaint and the employee involved cannot resolve the problem, and the complaint cannot be resolved at the administrative level, will the Board and board members become involved.
Should it be determined that discrimination or harassment occurred based on race, color, national origin, age or sex, the District will take steps to prevent recurrence of any discrimination or harassment and to correct its discriminatory effects on others, if appropriate.
STEP 1: Initial Complaint
A. The person having the complaint related to federal program compliance or discrimination/harassment complaint based on race, color, national origin, age or sex (excluding sexual harassment complaints), the person must initiate the complaint procedure in one of the following ways:
OR
1. If the Complainant met with the Employee and the complaint was not resolved, the Complainant must meet and discuss the complaint with the Employee’s Principal within ten (10) calendar days of the meeting with the Employee. The Principal shall complete a Complaint Form, Exhibit AC-E(1). The Complainant shall sign and date the Complaint Form verifying the accuracy of its content.
2. If the Complainant initiates the complaint by meeting with the Principal, the Principal shall complete a Complaint Form, Exhibit AC-E(1). The Complainant shall sign and date the Complaint Form verifying the accuracy of its contents.
B. Upon the Complaint Form being signed and dated by the Complainant, the Principal shall give a copy of the complaint to the District’s Compliance Officer (Superintendent). The Principal shall also give a copy of the complaint to the Employee and schedule an informal meeting with only the Complainant, Employee and Principal present. At the meeting, the Principal shall attempt to facilitate discussion between the Complainant and Employee by seeking clarification of the issue(s) and seeking a resolution to the complaint. However, attempts to informally or voluntarily resolve the complaint should not delay the commencement of the District’s investigation. Should a resolution be obtained, the resolution shall be noted on the Complaint Form. Should a resolution not be obtained, the Complainant and/or the Employee may request a decision by the Principal on the merits of the complaint by making the request on the Complaint Form.
C. If the Principal is asked to make a decision on the merits of the complaint, the Principal has the authority to investigate the complaint beyond the information received from the Complainant and Employee during the meeting with the Complainant, Employee and Principal. During the Principal’s investigation the complainant and alleged perpetrator shall both have the opportunity, at separate times, to present witnesses and provide evidence to the Principal. The Principal shall evaluate all relevant information and documentation related to the complaint of discrimination or harassment and shall render a decision in writing within fourteen (14) calendar days of the request for a decision on the merits of the complaint. The time frame for rendering a decision by the Principal may be extended by the Principal for good cause and upon written notification to the Complainant and Employee. The notification shall identify the reason for the extension and the date on or before which the decision shall be rendered. The Complainant and the Employee shall receive written notification of the Principal’s determination/resolution.
D. The Principal’s decision may be appealed by the Complainant or Employee to the Superintendent within (10) ten calendar days of receipt of the Principal’s written decision pursuant to Step 2. If the Principal does not render a written decision within the required time frame (14 days unless extended) the Complainant or Employee may appeal to the Superintendent pursuant to Step 2.
Should the complaint be against a Principal, the Superintendent shall address the complaint through the procedure set forth in Step 1. An appeal by the Complainant pursuant to Step 1D may be filed with the School Board pursuant to Step 3.
Should the complaint be against the Superintendent (or the Principal who also is the Superintendent) the Complaint Form, Exhibit AC-E(1), shall be given to the Business Manager. The Business Manager shall give the Complaint Form to the School Board President or Chairperson. At the next School Board meeting, the School Board will designate a person who is not an Employee of the District to address the complaint through the procedure set forth in Step 1. An appeal by the Complainant pursuant to Step 1D may be filed with the School Board pursuant to Step 3.
STEP 2: Appeal to the Superintendent
The following procedure shall be used to address an appeal of the Principal’s decision made in Step 1, or if the Principal failed to render a decision in the required time frame:
A. The appeal shall be in writing using Exhibit AC-E(2). The appealing party must attach the complaint and the Principal’s written decision, if a decision was rendered.
B. Upon receipt of an appeal, the Superintendent will provide a copy of the appeal to the other party. Within five (5) calendar days, the other party may submit a written response to the appeal. The Superintendent shall provide a copy of the response to the appealing party.
C. In the Superintendent’s sole discretion, the Superintendent may (a) meet and discuss the matter with the Complainant and Employee, (b) meet and discuss the matter with the Complainant, Employee and Principal, or (c) meet and discuss the matter with the Principal.
D. Within fourteen (14) calendar days from the date the appeal was filed with the Superintendent, the Superintendent shall render a decision in writing. The time frame for rendering a decision by the Superintendent may be extended by the Superintendent for good cause and upon written notification to the Complainant and Employee; the notification shall identify the reason for the extension and the date on or before which the decision shall be rendered. The Complainant, Employee and Principal shall receive copies of the decision. The Superintendent may uphold, reverse or modify the Principal’s decision. The Superintendent may also refer the matter back to the Principal for further investigation. The Principal may uphold, modify or reverse his or her initial decision. After a matter has been referred back to the Principal, and the Principal rendered a second decision, that decision may also be appealed to the Superintendent.
E. The Superintendent’s decision may be appealed by the
Complainant to the School Board within (10) ten calendar days of receipt of the Superintendent’s written decision pursuant to Step 3. If the Superintendent does not render a written decision within the required time frame (14 calendar days unless extended) the Complainant may appeal to the School Board pursuant to Step 3.
F. If the Employee believes the Superintendent’s decision constitutes a violation, misinterpretation or inequitable application of School Board policy or collective bargaining agreement applicable to the Employee, the Employee may file a grievance pursuant to the applicable grievance policy. A grievance filed pursuant to this provision shall be initiated at the Superintendent level.
STEP 3: Complainant’s Appeal to the School Board
The following procedure shall be used to address an appeal of the Superintendent’s decision made in Step 2, or if the Superintendent failed to render a decision in the required time frame:
A. An appeal to the School Board shall be in writing using Exhibit AC-E(3).
The Complainant must attach the complaint, the Principal’s written decision if a decision was rendered, the appeal to the Superintendent, the response to the appeal if any, and the Superintendent’s decision if one was rendered.
B. The appeal must be filed with the President/Chairperson of the School Board or Business Manager within ten (10) calendar days of Complainant’s receipt of the Superintendent’s written decision, or within ten (10) days of the deadline for the Superintendent’s written decision, whichever comes first.
C. Upon receipt by the Board President/Chairperson of an appeal by the Complainant, a copy of the appeal shall be given to the Employee involved.
D. Upon receipt of an appeal to the School Board, the School Board shall schedule a date, time and location for the appeal hearing.
E. The following procedure shall be applicable at the appeal hearing before the School Board:
1. The School Board shall appoint a school board member or a person who is not an employee of the school district as the Hearing Officer.
2. Within thirty (30) calendar days of an appeal being filed with the School Board, the School Board shall conduct a hearing in executive session.
3. The Complainant, Employee and Superintendent each have the right to be represented at the hearing.
4. The School Board shall make a verbatim record of the hearing by means of an electronic device or a court reporter. This record and any exhibits must be sealed and must remain with the Hearing Officer until the appeal process has been completed.
5. The issue on appeal is whether the Superintendent’s decision should be upheld, reversed or modified by the School Board; in the absence of a decision by the Superintendent, the School Board will make a decision on the merits of the complaint.
6. All parties shall be given the opportunity to make an opening statement, with the Complainant being given the first opportunity, followed by the Employee and then the Superintendent.
7. The Complainant shall present his or her case first, and the Employee shall then present his or her case. Both parties shall have the opportunity to ask questions of the other’s witnesses. The Hearing Officer and school board members may ask questions of any witness.
8. After the Complainant and the Employee have presented their respective cases, the Superintendent shall then present the basis of his/her decision which led to the appeal, if a decision was rendered. The Complainant and Employee shall have the opportunity to ask the Superintendent questions. The Hearing Officer and board members may also ask questions of the Superintendent.
9. Unless a witness is a party to the appeal, witnesses may be present only when testifying unless the Hearing Officer rules otherwise. All witnesses must take an oath or affirmation administered by the School Board President/ Chairperson, Hearing Officer or other person authorized by law to take oaths and affirmations.
10. The Hearing Officer shall admit all relevant evidence. The Hearing Officer may limit unproductive or repetitious evidence. The strict rules of evidence do not apply. Moran v. Rapid City Area School Dist., 281 N.W.2d 595. 602 (S.D. 1979) (“This [school board hearing related to teacher contract nonrenewal] does not mandate nor necessitate the use of strict evidentiary rules.”).
11. Both parties shall be given the opportunity to make a closing statement, with the Complainant having the first opportunity, followed by the Employee, and then the Superintendent. The Complainant shall be given the opportunity for a brief rebuttal.
12. After the evidentiary hearing, the School Board shall continue to meet in executive session for deliberations. No one other than the Hearing Officer may meet with the Board during deliberations. During deliberations, the Board may seek advice from an attorney who did not represent any of the parties in the hearing. Consultation with any other person during deliberation may occur only if a representative of the Complainant, Employee and Superintendent are present. The Board may, in its sole discretion, continue the proceedings and make a final decision on the appeal at a later date.
13. Within twenty (20) calendar days of the hearing, the School Board shall render its decision and issue its written Findings of Fact, Conclusions of Law and Decision. The time frame for rendering a decision may be extended by the Board President for good cause and upon written notification to the Complainant, Employee and Superintendent. The notification shall identify the reason for the extension and the date on or before which the decision shall be rendered.
14. The decision of the School Board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The Board will reconvene in open session. The Board may uphold, reverse, or modify the Superintendent’s decision, or render a decision on the merits of the complaint in the absence of a Superintendent’s decision. Findings of Fact, Conclusions of Law and Decision, consistent with the Board motion, shall be in writing and approved by the Board. The Complainant, Employee, Principal and Superintendent will receive copies after the Findings of Fact, Conclusions of Law and Decision are approved by the School Board.
15. If the Complainant is dissatisfied with the School Board’s decision, the Complainant may appeal the decision by filing an appeal to the circuit court pursuant to SDCL Ch. 13-46.\
State Reference Description
SD Constitution Article 6 Bill of Rights
SDCL 13-37 Special assistance and related services
SDCL 20-13 Human rights
Federal Reference Description
Public Law 94-142 Education for All Handicapped Children Act of 1975
USC Title 20 §1681-1688 Nondiscrimination on the Basis of Sex in Educational Programs & Activities
USC Title 20 §6301 et.seq. Every Student Succeeds Act, Elementary and Secondary Act of 1965
USC Title 29 Chapter 14 Age Discrimination in Employment
USC Title 29 Chapter 16 Vocational Rehabilitation
USC Title 42 §11431 McKinney-Vento Homeless Children Act
USC Title 42 §2000 Civil rights Act of 1964 (Prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin)
USC Title 42 §6101-6103 Age discrimination in Federally Assisted Programs
Adopted: January 10, 2017
AC-E(1) Nondiscrimination in Federal Programs - Complaint Report Form
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT REPORT FORM
Date Form Completed: _______________________________________________________
Form Completed by: _________________________________________________________
Person Filing the Complaint (Complainant):____________________________________ ______________________________________________________________________________
Address/Phone # of Complainant:_____________________________________________ ______________________________________________________________________________
Employee Involved:___________________________________________________________
Nature of Complaint: The person making the complaint shall with specificity identify the basis of the complaint (i.e., what, when, where, witnesses, and any other pertinent information.
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Was a meeting held between the person having the complaint and the employee?
Yes _______ No________
If a meeting was held, when was it held, what happened at the meeting and what was the outcome of the meeting: ___________________________________________________________________________________________________________________________________________________________.
If a meeting was not held, explain why not: ___________________________________________________________________________________________________________________________________________________________.
Resolution requested/sought by complainant: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
Date Complainant
__________________ _____________________________________
Date School Official Completing the Report Form
Step 1 mutually agreeable resolution was reached:
Yes _______ No________
If resolution, manner in which the complaint was resolved: ________________________________________________________________________ ________________________________________________________________________.
Complainant (initial/date) ____________ Employee (initial/date) _______________
If no mutually agreed upon resolution was reached, I request a decision by the Principal on the merits of the complaint:
Yes ____ No _____ Complainant (initial _________) Date __________________
Yes ____ No _____ Employee (initial ___________) Date __________________
Adopted: January 10, 2017
AC-E(2) Nondiscrimination in Federal Programs - Complaint Appeal to the Superintendent
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT APPEAL TO THE SUPERINTENDENT
I/We Appeal the Principal’s Step 1 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Principal’s decision is wrong]:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE COMPLAINT REPORT AND THE PRINCIPAL’S DECISION.
____________ ______________________________________
Date Complainant
____________ ______________________________________
Date Received Superintendent
Adopted: January 10, 2017
AC-E(3) Nondiscrimination in Federal Programs - Complaint Appeal to the School Board
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT APPEAL TO THE SCHOOL BOARD
I/We Appeal the Superintendent’s step 2 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Superintendent’s decision is wrong]:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE COMPLAINT, PRINCIPAL’S DECISION, APPEAL TO THE SUPERINTENDENT, STEP 2 WRITTEN RESPONSE(S) IF ANY, AND THE SUPERINTENDENT’S DECISION.
____________ ____________________________________________
Date Complainant
____________ ____________________________________________
Date Received Board President/Chairperson – Business Manager:
Adopted: January 10, 2017
ACAA Sexual Harassment
SECTION 1 – Policy Statement
The District is committed to a school environment which is free from sexual harassment and conducive to all students’ educational opportunities. Sexual harassment can inhibit a student’s educational opportunities and an employee’s work. Sexual harassment of students attending school in the District or students from other schools who are at a District activity, and sexual harassment of school employees, school volunteers, parents, guests, visitors and vendors of the District shall also not be tolerated and is strictly prohibited.
All students, school employees, school volunteers, parents, guests, visitors and vendors shall conduct themselves in a civil and responsible manner and in a manner consistent with school policies. This policy prohibiting sexual harassment shall apply to all students, school employees, school volunteers, parents, guests, visitors and vendors while on school property, while attending or participating in school activities, on school-owned property or on non-school property, while in any school-owned or leased vehicle, while at a school bus stop, or when in a private vehicle located on school property during school or during school activities.
The District shall investigate all reported instances involving sexual harassment. Attempts to informally or voluntarily resolve the complaint should not delay the commencement of the District’s investigation. Unless a different person is designated by the Superintendent to conduct the investigation, the school administrator of the school attendance center where the sexual harassment is alleged to have occurred is responsible for investigating the alleged sexual harassment. Allegations of sexual harassment may also be reported by the administration to other authorities, including but not limited to law enforcement.
The District will maintain confidentiality to the maximum extent possible under the circumstances. However, a person reporting sexual harassing conduct must understand that should the administrator who is investigating the report determine there is reasonable cause to suspect that sexual harassment did occur which could result in administrative discipline or a referral to the School Board, the person alleged to have sexually harassed another person may have the right to know the identity of the person(s) making the report in order that he/ she may have an opportunity to defend himself/herself.
The District strictly prohibits retaliation against any person because he or she has made a report, testified, assisted, or participated in the investigation of a report of alleged sexual harassment. Retaliation includes, but is not limited to, any form of verbal or physical reprisal or adverse pressure. The person(s) alleged to have sexually harassed another person shall not directly or indirectly (such as through a third person) harass, pressure, or retaliate against any other person because of the complaint being reported. A violation of this provision may lead to separate disciplinary action based on the retaliation. Any person who believes he or she is being subjected to retaliation because of his or her involvement with a sexual harassment report should immediately contact a school administrator.
Students who violate this policy shall be subject to appropriate disciplinary action, up to and including expulsion. Employees who violate this policy shall be subject to appropriate disciplinary action, up to and including termination of employment. School volunteers, parents, guests, visitors, and vendors who violate this policy may be prohibited from being on school property.
Complaints against school employees and complaints related to bullying are addressed through other school district policies and not through this policy.
SECTION 2 – Sexual Harassment Defined
Sexual harassment is defined as sexually oriented words and actions which tend to annoy, alarm or be physically or verbally abusive toward another person and which serve no legitimate or valid purpose regardless of the intent of the person accused of the sexually harassing conduct. Not all harassment falls within the definition of sexual harassment (i.e., harassment that is of a sexual nature). Other laws, regulations and policies also prohibit inappropriate conduct and provide a means for addressing inappropriate conduct should it occur.
Sexual harassment is a specific type of harassment which is prohibited under this policy. Examples of sexual harassment include, but not limited to:
1. Unwelcome sexual flirtations, advances or propositions;
2. Verbal comments, jokes, or abuse of a sexual nature;
3. Graphic verbal comments about an individual's body;
4. Sexually degrading words used to describe an individual;
5. Displaying pornographic material;
6. Physical contact or language of a sexually suggestive nature.
SECTION 3 – Sexual Harassment Reporting Procedure
Any individual who believes that he or she has been or is being subjected to sexual harassment or has reason to suspect another person has been or is being subjected to sexual harassment should immediately report it to a teacher, guidance counselor, or school administrator. The report may be made verbally or in writing. A report may be made anonymously, although disciplinary action may not be based solely on an anonymous report. If disciplinary action is being requested, the individual reporting the sexual harassment will be asked to either submit a signed written complaint or sign a completed Sexual Harassment Report Form, Exhibit ACAA-E(1), verifying the accuracy of its content. The written complaint or Sexual Harassment Report Form must include the following:
• the date the written complaint was filed or the Sexual Harassment
Report Form was completed,
• the school employee receiving the complaint (if applicable),
• the name of the person reporting the sexual harassment,
• the address/phone # of the person reporting the sexual harassment,
• the specific conduct or nature of the sexual harassment complaint
including the person(s) alleged to have sexually harassed the
complaining party or another person, the date(s) and location where
the conduct occurred, witnesses, etc.,
• the date the school employee completed the form (if applicable),
• the date and signature of the person reporting the sexual harassment.
If the signed written complaint was given to a teacher or guidance counselor, or if the Sexual Harassment Report Form was completed by a teacher or guidance counselor, the teacher or guidance counselor shall forward the complaint or Sexual Harassment Report Form to the teacher’s building school administrator.
SECTION 4 – Procedure for Addressing Sexual Harassment Complaints
STEP 1: School Administrator Investigation and Determination.
Should there be a report which alleges a District student, employee, school volunteer, parent, guest, visitor or vendor has been subjected to sexual harassment, an investigation into the alleged sexual harassment will be initiated. The District’s investigation may include, but is not limited to, such things as interviewing individuals with actual or possible knowledge regarding the conduct in question, identifying facts related to the conduct in question, identifying when and over what period of time the conduct is to have occurred, determining whether the conduct negatively affects the educational opportunities or employment condition of the victim, identifying prior history of a similar nature by any of the individuals involved, and attempting to obtain possible verification from other persons. The investigation by the school administrator responsible for the investigation shall be conducted promptly and completed in a reasonable time frame given the nature of the complaint. Unless the nature of the complaint and investigation dictate otherwise, the investigation should be completed and determination made by the school administrator on the merits of the complaint within thirty (30) calendar days of receipt of the complaint.
The person alleged to have sexually harassed another person will be notified that a complaint has been filed pursuant to this policy and that the complaint is being investigated. The name of the person making the complaint will not be disclosed to the person alleged to have violated this policy unless and until the investigation results in a determination that there is reasonable cause to suspect that sexual harassment did occur.
Upon reasonable suspicion by the school administrator responsible for the investigation that the allegation of sexual harassment may be true, the employee, student or third person accused of sexual harassment conduct shall be notified in writing that reasonable suspicion exists that the complaint may be valid, including a statement of the facts supporting the determination that reasonable suspicion exists, and the name of the alleged victim.
The person alleged to have sexually harassed another person in violation of this policy shall be afforded an opportunity to respond to the allegation of sexual harassment but is not required to submit a response.
Pending the outcome of the investigation the school administrator responsible for conducting the investigation may take such action consistent with school policy and state law as deemed appropriate in order to facilitate the investigation and protect the rights of all persons involved. If there is reasonable suspicion to believe that a third person sexually harassed a student, employee or guest while at school or at a school activity on non-school property in violation of this policy, the administration may prohibit that person from being on school property or at school activities.
At the conclusion of the investigation, the school administrator shall make a determination as to whether sexual harassment did occur or whether the facts are insufficient to determine that a determination that sexual harassment occurred. The complainant and the person alleged to have sexually harassed another person will receive written notice of the school administrator’s determination. Should the school administrator conclude that sexual harassment did occur, the school administrator shall take such action as deemed appropriate, which may include imposing disciplinary consequences on the person found to have violated this policy prohibiting sexual harassment.
STEP 2: Appeal to the Superintendent
The following procedure shall be used to address an appeal of the school administrator’s decision in Step 1 to the Superintendent:
1. If either party is not satisfied with the school administrator’s decision, or if the school administrator does not render a written decision within fourteen (14) calendar days of the request for a decision on the merits of the complaint, that party may appeal to the Superintendent by filing form ACAA-E(2). The appeal must be filed within ten (10) calendar days of receipt of the school administrator’s written decision, or ten (10) days of the deadline for the school administrator’s written decision, whichever comes first. The appealing party must attach the school administrator’s written decision.
2. Within fourteen (14) calendar days from the date the appeal was filed, the Superintendent shall render a decision in writing. All parties shall receive copies of the decision. The Superintendent shall uphold, reverse, modify the school administrator’s decision, or the Superintendent may refer the matter back to the school administrator for further investigation and supplemental decision which decision may restate, modify or reverse the school administrator’s initial decision. A supplemental decision by the school administrator after a referral back to the school administrator is subject to appeal to the Superintendent. The time frame for rendering a decision by the Superintendent may be extended by the Superintendent for good cause and upon written notification to all parties, which notification shall identify the reason for the extension and the date on or before which the decision shall be rendered.
STEP 3: Appeal to the Board
If either party is not satisfied with the Superintendent’s decision, or if the Superintendent does not render a written decision within fourteen (14) calendar days of the receipt of the appeal, that party may appeal to the School Board by filing with the Business Manager using Form ACAA-E (3) within ten (10) calendar days of receipt of the Superintendent’s written decision, or ten (10) days of the deadline for the Superintendent’s written decision, whichever comes first. The appeal shall be in writing and the appealing party must attach to the appeal the school administrator’s written decision, the appeal to the Superintendent, and the Superintendent’s written decision or notice of the Superintendent’s failure to render a written decision.
The following procedure shall be used by the Board to address an appeal of the Superintendent’s decision on the merits related to a sexual harassment complaint:
1. Upon receipt by the Board President/Chairperson of an appeal by the Complainant, a copy of the appeal shall be given to the person alleged to have violated the sexual harassment policy.
2. Upon receipt of an appeal, the Board shall at its next meeting schedule a date, time and location for the appeal hearing.
3. The following procedure shall be applicable at the appeal hearing
before the Board:
A. the Board shall appoint a board member or a person who is not an employee of the school district as the hearing officer;
B. Within thirty (30) calendar days of an appeal being filed with the Board, the Board shall conduct a hearing in executive session;
C. the Complainant, person alleged to have violated the bullying policy, and Superintendent each have the right to be represented at the hearing;
D. the Board shall make a verbatim record of the hearing by means of an electronic or mechanical device or by court reporter. This record and any exhibits must be sealed and must remain with the hearing officer until the appeal process has been completed;
E. the issue on appeal is whether the Superintendent’s decision should be upheld, reversed or modified;
F. All parties shall be given the opportunity to make an opening statement, with the appealing party being given the first opportunity, followed by the other party, and then the Superintendent;
G. The appealing party shall present his or her case first, and the other party shall then present his or her case. Both parties shall have the opportunity to ask questions of the other’s witnesses. The hearing officer and board members may ask questions of any witness;
H. the Superintendent shall present the basis of his/her decision which led to the appeal. Both parties shall have the opportunity to ask the Superintendent questions. The hearing officer and board members may also ask questions of the Superintendent;
I. Unless a witness is a party to the appeal, witnesses may be present only when testifying unless the hearing officer rules otherwise. All witnesses must take an oath or affirmation administered by the School Board president, hearing officer or other person authorized by law to take oaths and affirmations;
J. The hearing officer shall admit all relevant evidence. The hearing officer may limit unproductive or repetitious evidence. The strict rules of evidence do not apply. Moran v. Rapid City Area School Dist., 281 N.W.2d 595. 602 (S.D. 1979).
K. All parties shall be given the opportunity to make a closing statement, with the appealing party having the first opportunity, followed by the other party, and then the Superintendent. The appealing party shall be given the opportunity for a brief rebuttal;
L. After the evidentiary hearing, the Board shall continue to meet in executive session for deliberations. No one other than the hearing officer may meet with the Board during deliberations. The Board may seek advice during deliberation from an attorney who has not represented any of the parties to the hearing. Consultation with any other person during deliberation may occur only if a representative of both parties and Superintendent are present. The Board may, in its sole discretion, continue the proceedings and make a final decision on the appeal at a later date. Within twenty (20) calendar days of the hearing, the Board shall render its decision and issue its written Findings of Fact, Conclusions of Law and Decision. The time frame for rendering a decision may be extended by the Board President for good cause and upon written notification to both parties and the Superintendent, and the notification shall identify the reason for the extension and the date on or before which the decision shall be rendered;
M. The decision of the School Board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The Board will convene in open session and a motion to uphold, reverse, or modify the Superintendent’s decision shall be made and voted upon. Findings of Fact, Conclusions of Law and Decision, consistent with the Board motion shall be in writing and approved by the Board. Both parties, the school administrator and the Superintendent will receive copies after the Findings of Fact, Conclusions of Law and Decision are approved by the Board.
N. Following the Board hearing, should the Board determine there has been a violation of this policy prohibiting sexual harassment, Board action may include but is not limited to the following: (1) suspend or expel a student from any or all school programs, including but not limited to classes, extracurricular activities, or attendance at school activities; (2) pursuant to statute, reprimand, suspend without pay, or terminate the contract of an employee, or (3) prohibit a third person from being on school property or at school activities for such time as may be determined by the Board.
O. If either party is dissatisfied with the Board’s decision, that party may appeal the decision by filing an appeal pursuant to law.
State Reference Description
*Moran v. Rapid City Area School Dist. Employee hearing due process
Federal Reference Description
USC Title 20 §1681-1688 Nondiscrimination on the Basis of Sex in Educational Programs and Activities
Adopted: January 10, 2017
ACAA-E(1) Sexual Harassment - Complaint Report Form
SEXUAL HARASSMENT COMPLAINT REPORT FORM
Date Form Completed: _______________________________________________________
Form Completed by: _________________________________________________________
Person Reporting the Sexual Harassment: ______________________________________ ______________________________________________________________________________
Address/Phone # of the Person Reporting the Sexual Harassment: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Nature of Complaint: (With specificity, identify the person(s) alleged to have sexually harassed, the conduct which is the basis of the sexual harassment complaint, when/where the conduct occurred, the person(s) alleged to have sexually harassed, witnesses, and any other pertinent information):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(use additional sheets if necessary).
___________ _______________________________________________________
Date School Employee Completing the Sexual Harassment Report Form
___________ _______________________________________________________
Date Person Reporting the Sexual Harassment
Adopted: January 10, 2017
ACAA-E(2) Sexual Harassment - Complaint Appeal to the Superintendent
SEXUAL HARASSMENT COMPLAINT APPEAL TO THE SUPERINTENDENT
I/We Appeal the Principal’s Step 1 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Principal’s decision is wrong]: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE SEXUAL HARASSMENT REPORT AND THE PRINCIPAL’S DECISION.
____________ ________________________________________
Date Complainant
____________ ________________________________________
Date Received Superintendent
Adopted: January 10, 2017
ACAA-E(3) Sexual Harassment - Complaint Appeal to the School Board
SEXUAL HARASSMENT COMPLAINT APPEAL TO THE SCHOOL BOARD
I/We Appeal the Superintendent’s Step 2 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Superintendent’s decision is wrong]:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE SEXUAL HARASSMENT REPORT, PRINCIPAL’S DECISION, APPEAL TO THE SUPERINTENDENT (Exhibit ACAA-E(2)), EMPLOYEE’S STEP 2 WRITTEN RESPONSE, AND SUPERINTENDENT’S DECISION.
____________ __________________________________________________
Date Complainant
____________ __________________________________________________
Date Received Business Manager
Adopted: January 10, 2017
AEA Tobacco-Free AH Conflict Disclosure and Authorization
The District recognizes its duty to promote the health and safety of students, staff and citizens on district property and during school-sponsored activities. In accordance with this responsibility, it is the intent of the School Board to establish a tobacco-free school environment that demonstrates a commitment to helping students resist tobacco use and that emphasizes the importance of adult role modeling. The use, possession, or promotion of tobacco on school property by students, employees, vendors, visitors and invitees is prohibited. Students and employees are also prohibited from using or promoting tobacco at school-sponsored activities off school property. Students participating in school activities are also subject to such rules as may exist pursuant to an applicable activity code of conduct.
For the purposes of this policy:
1. “Tobacco” means any substance or item, in any form, containing
tobacco and electronic nicotine delivery devices (e-cigarettes), which
may not contain tobacco;
2. “School property” means all district-owned, rented or leased buildings,
grounds and vehicles;
3. “School-sponsored activity” means any planned, organized, endorsed,
or supervised activity involving district students or staff that occurs either
before, during or after regular school hours;
4. “Promotion” means the use or display of tobacco-related clothing,
bags, lighters, or other material that is designed to encourage the
acceptance or use of tobacco.
* A student in violation of this policy, first offense, shall be required to complete a written assignment. The assignment is for the purpose of helping the student understand the consequences of tobacco use. It shall be given to the building principal or principal’s designee, will be grade appropriate for purposes of length and content, and may include, but is not limited to, research on South Dakota QuitLine. Students violating this policy on subsequent occasion(s) shall be subject to disciplinary action pursuant to district policy.
District employees in violation of this policy will be subject to disciplinary action. Visitors, vendors and invitees in violation of this policy will be subject to appropriate consequences, which may include being directed to leave school property.
The superintendent shall provide reasonable public notification of the district’s policy within student and staff handbooks.
Notes: A school district may prefer to use the following paragraph related to student discipline as it authorizes but does not require the administration to assign a written assignment.
* Students violating this policy shall be subject to disciplinary action pursuant to district policy. A student in violation of this policy may also be required to complete a written assignment. The assignment is for the purpose of helping the student understand the consequences of tobacco use. It shall be given to the building principal or principal’s designee, will be grade appropriate for purposes of length and content, and may include, but is not limited to, research on South Dakota QuitLine.
State Reference Description
SDCL 13-8-39 Management of schools by board - general powers
SDCL 34-46-14 Smoking in public or place of employment prohibited
Adopted: January 10, 2017
AH-E(1) Conflict Disclosure and Authorization - Request for School board Waiver
REQUEST FOR SCHOOL BOARD WAIVER
Date: __________________________
Name of the school board member, school administrator or school business manager requesting the waiver: ______________________________________________________________________________
Brief explanation of the potential conflict of interest:
Brief explanation of the essential terms of the contract(s) or transaction(s) from which a potential conflict of interest may arise, including:
(1) all parties to the contract
(2) the person’s role in the contract or transaction
(3) the purpose(s)/objective(s) of the contract
(4) the consideration or benefit conferred or agreed to be conferred upon each party
(5) the length of time of the contract
(6) any other relevant information
Brief explanation of how or why the transaction or the terms of the contract are fair, reasonable, and not contrary to the public interest such that a waiver should be granted.
Signature of Person Requesting Waiver:________________________________________
THIS IS A PUBLIC DOCUMENT
Adopted: January 10, 2017
AH-E(2) Conflict Disclosure and Authorization - Waiver Authorization pursuant to SDCL 3-23-3
WAIVER AUTHORIZATION PURSUANT TO SDCL3-23-3
A written request for waiver of conflict, dated _______________________________,
was received from _________________________________________________________.
The request was acted upon by the members of the__________________________
School District School Board during a meeting held on ________________________.
_____The request for waiver was denied because the terms of the contract were not considered fair and reasonable, or contrary to the public interest.
_____The request for waiver was authorized because the terms of the contract are fair and reasonable, and not contrary to the public interest such that a waiver should be granted.
_____The request for waiver was authorized because the terms of the contract are fair and reasonable, and not contrary to the public interest such that a waiver should be granted, subject to the following conditions:
Signature of School Board President /Chairperson or Authorized Member
_____________________________________________________________________
Printed Name: _______________________________________________________
Date: ________________________________________________________________
Date mailed to Auditor General:______________________________________
Adopted: January 10, 2017
SECTION B: SCHOOL BOARD GOVERNANCE AND OPERATIONS
Below is listing of Lead-Deadwood School District policies in Section B that have been approved by the Lead-Deadwood Board of Education.
Under the laws of South Dakota, the School Board acts as the governing body of the public schools with full powers of direction and control. The Board derives its authority from the state legislature and will function within the framework of state and federal laws and regulations, court decisions and attorney general’s opinions.
Recognizing the authority of the state, the board considers the following its general functions:
1. To select and employ a superintendent of schools and support him/her in the discharge of his/her responsibilities.
2. To formulate and enact policy and to delegate the application of policies to the superintendent and his/her staff, who will be held responsible for the effective administration and supervision of the entire school system.
3. To provide for the planning, expansion, improvement, financing, construction and maintenance of the physical plant of the school system.
4. To establish and maintain the records, accounts, archives, management methods and procedures incidental to the conduct of school business.
5. To approve the budget, financial reports, audits, major expenditures, payment of obligations and policies that enable the administration to formulate regulations and other guides for the orderly accomplishment of business.
6. To estimate and levy taxes for the operation, support, maintenance, improvement and extension of the school system.
7. To adopt courses of study and provide instructional materials.
8. To employee personnel to carry out school programs and provide fair and equitable compensation.
9. To evaluate the educational program to determine the effectiveness with which the schools are achieving the educational purpose of the school system.
10. To provide for the dissemination of school district information to the public and maintain open lines of communication with the community.
Revised: February 10, 1997
The powers delegated to a school board by the state are delegated to the board as a whole. No authority is granted board members acting as individuals.
The board exercises its powers and duties only in properly called meetings where a majority of the board constitutes a quorum to transact business. Except when performing a specific duty as ordered by the board, the decision and actions of a single member of the board are not binding on the entire board.
LEGAL REF: 13-8-33
Adopted: November 1983
Revised: April 11, 2000
Revised: January 10, 201
The president will preside at all meetings of the Board and will perform other duties as directed by law, state regulations and by this Board. In carrying out these responsibilities the president will:
1. Countersign all orders drawn by the business manager for claims
approved by the Board;
2. Appoint or provide for the election of all committees, of which he or she
will be an ex-officio member;
3. Confer with the superintendent as may be necessary and desirable on
school or related matters;
4. Call special meetings of the Board;
5. Be entitled to vote and discuss on all matters before the Board; and
6. Perform such other duties as may be prescribed by the Board.
The Vice-President of the Board will assume the duties and responsibilities of the President in his or her absence. He or she will also perform such other duties as may be assigned by the Board.
Adopted: January 10, 2017
BOARD MEMBER QUALIFICATIONS
A person is legally qualified to become a member of a school board if he/she is a United States citizen, complies with the provisions of law relating to the registration of votes and is a qualified elector, at least eighteen (18) years of age and not otherwise disqualified.
In accordance with state law, no elective county, municipal or state officer or holder of any other office, whose duties are incompatible or inconsistent with the duties of the school board members will be eligible for such membership. This includes the elected offices of legislator, county commissioner and member of the State Vocational Educational Board.
Established by law
LEGAL REFS: SDCL 3-1-4; 31a-6; 12-3-1; 13-7-3
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBB
SCHOOL BOARD ELECTIONS
The school board shall select the date of the annual school election by resolution no later than the first regular meeting after January first of each year. The annual election shall be set between the second Tuesday in April and the third Tuesday in June between the hours of 7:00 a.m. and 7:00 p.m. on Election Day.
The school district and the municipality have the option of holding combined school district-municipal elections. Subject to approval of the governing bodies, the combined election may be held on the date set by the school district or the general municipal election (second Tuesday in April). Expenses and all other governmental responsibilities of a combined election are to be shared in an agreed upon manner by the governing bodies of the school district and the municipality.
The Secretary of State must be notified in writing, by telephone, or electronic mail within 15 days of scheduling the date for conducting an election.
SD Constitution Article 7 §1 |
Right to vote |
SD Constitution Article 7 §2 |
Voter qualification |
SD Constitution Article 7 §3 |
Elections |
SDCL 12-14-1 |
Designation of precincts and polling places |
SDCL 13-6-13.1 |
Former school dist. representation areas for consolidated districts |
SDCL 13-7 |
School district elections |
SDCL 13-8-2 |
Composition and terms of office |
SDCL 13-8-25 |
Appointments to fill vacancies on board |
SDCL 13-8-4 |
Elections and terms of office after increase of size of board |
SDCL 13-8-7.1 |
School board member representation areas |
Adopted: January 10, 2017
BBBB
BOARD MEMBER OATH OF OFFICE
Before taking office, all board members will take an oath of office as required by law. Newly elected members will take and subscribe to the oath on the second Tuesday in July at the annual meeting, at which time they also assume their duties of office. Appointed members will take and subscribe the oath at the meeting following their appointment. All oaths will be filed in the office of the business manager.
Established by law
LEGAL REFS: Constitution of the State of South Dakota, Article XXI, Section 3
SDCL 3-1-5; 3-1-8; 13-8-14; 13-8-15
Adopted: November 1983
Revised: February 10, 1997
BBBB-E
BOARD MEMBER OATH OF OFFICE
Do you solemnly swear, or affirm, that you will support the Constitution of the United States and the Constitution of the State of South Dakota; and that you will faithfully and impartially perform your duties as a member of the school board of Lead-Deadwood School District, Lawrence County, South Dakota, to the best of your ability, and in accordance with the laws now in effect and hereafter to be enacted, during your continuance in said office, and until your successor is elected and qualified: (The answer is “I do.”)
BOARD MEMBER’S SIGNATURE
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBC
BOARD MEMBER RESIGNATION/REMOVAL FROM OFFICE
According to the provision of state law, a vacancy occurs on the school board when an incumbent:
1. Dies
2. Is removed from office.
3. Fails to qualify as provided by law.
4. Ceases to be a voting resident of the district where elected.
5. Is convicted of an infamous crime or of any offense involving a violation of the office oath of office.
6. Has a judgment obtained against him/her for breach of office bond.
7. Becomes incapacitated to attend to the duties of a board member.
8. Assumes the duties of an office incompatible with the duties of a school board members.
9. Resigns.
A board member’s resignation will not be effective until a successor is appointed and qualified as prescribed by law. The resigning member will continue to serve in his/her official capacity as a board member until that time.
Established by law
LEGAL REFS: Constitution of the State of South Dakota, Article XVI, Sections 4-8
SDCL 3-17-6 through 3-17-11; 13-8-22 through 13-8-24
CROSS REFS: BBE, Unexpired Term Fulfillment
Adopted: November 1983
Revised: February 10, 1997
BBE
SCHOOL BOARD MEMBER VACANCY
When a vacancy occurs on the board due to the failure to elect a person to succeed a school board member whose term has expired, or an elected school board member's failure to qualify, or a school board member's resignation, the vacancy shall be filled by all school board members, including the vacating member.
When a vacancy occurs on the board due to death of a board members, is removed from the board pursuant to law, ceases to be a resident of the school district or representation area where elected**, is convicted of any infamous crime or of any offense involving a violation of the member's official oath, has a judgment obtained against the member for breach of the member's official bond, is incapacitated and is unable to attend to the duties of the position, or assumes the duties of an office incompatible with the duties of a school board member, the remaining board members are responsible for the appointment of a new board member.
The new appointee will qualify as if elected, at or before the next school board meeting. The appointee will serve until the next succeeding election, at which time a successor will be elected to serve the unexpired term.
State Reference Description
SDCL 13-8-14 Assumption of office by new members
SDCL 13-8-22 Incumbent continued in office
SDCL 13-8-23 Events creating vacancy on board
SDCL 13-8-24 Resignation not effective until successor appointed
SDCL 13-8-25 Appointments to fill vacancies on board
SDCL 3-14 Expiration of term of office
SDCL 6-1-22 Members of governing bodies displaced by natural disaster
Adopted: January 10, 2017
BBF
CODE OF ETHICS
Members of the District’s Board of Education are elected or appointed officials of local government, and are responsible for governing the educational system of the public school district. Each Board of Education governing board member shall:
1. adhere to the principle that the responsibility of the school board is to govern
the District, which includes but is not limited to establishing goals, planning,
developing effective policies, and evaluation;
2. practice good stewardship of the District’s resources;
3. leave the daily administration of schools to the Superintendent;
4. professional development;
5. recognize and follow the legal principles that (a) the authority vests with the
majority of the members of the governing board when assembled in meetings
as authorized by law, (b) no individual school board member has, or a minority
of school board members have, the legal right to bind the District, and (c) no
individual school board member may make decisions on behalf of the District
unless upon approval of a majority of school board members.
6. make informed decisions on matters brought before the school board;
7. recognize and adhere to the policy that it is the responsibility of the school
board to plan, make, implement, appraise, and enforce policies and that it is
not the responsibility of the school board or school board members to run the
day-to-day operations of the District;
8. observe and enforce federal and state laws and regulations;
9. respect the limited intent and scope of executive sessions as set forth in statute;
10. respect confidential communications made during executive sessions held
pursuant to SDCL 1-25-2 and shall not divulge privileged communications
made during executive session held pursuant to SDCL 1-25-2 unless required by
law, and shall respect confidential communications related to students and
employees, and shall not discuss such confidential information at home, at
work or in public;
11. distinguish between personal views and those of the school board when
making public comments regarding school district matters;
12. present information to the school board without distortion and accurately
represent facts concerning school district matters in direct or indirect public
statements;
13. maintain professional relationships in a manner which are free of vindictiveness,
recrimination and harassment;
14. refer persons having complaints to the applicable complaint policy and
appropriate school administrator; refrain from giving an opinion on the merits of
the complaint unless, following the complaint procedure required in the school
board complaint policy, the matter is before the school board;
15. respect the legitimacy of the goals and interests of other school board
members and respect the rights of other school board members to pursue
goals and policies different from their own;
16. respect, require and contribute to the maintenance of order and decorum in
proceedings before the school board;
17. be honest, patient, dignified, and courteous to those with whom he/she deals
with in his/her official capacity;
18. diligently discharge responsibilities and dispose promptly of the business of the
school district for which he/she is responsible;
19. inform the school board president or school district business manager as soon
as possible upon learning that he/she will not be in attendance at a school
board meeting;
20. refrain from personal, professional, business and financial dealings that interfere
with or are in conflict with, or give the appearance of interfering with or being
in conflict with, the performance of official duties;
21. not use the office of a school board member to promote political candidates
or partisan political activities;
22. not accept nor offer any gratuities, gifts, services, or things of value that
(a) impair professional judgment, (b) offer special advantage or benefit to any
person or organization, or (c) provide a direct or indirect personal benefit.
23. not commit any act of moral turpitude or gross immorality;
24. render a decision as a school board member only after having discussed the
matter with other board members in a legal school board meeting, after
having reviewed applicable information and data, and after having
considered recommendations including but not limited to recommendations
from school administration;
25. support Board decisions made by the majority of governing board members,
subject to a board member’s right to formally make a motion at a school
board meeting to have the decision reconsidered or rescinded;
26. not have any direct pecuniary interest in a contract with the school district or
furnish directly any labor, equipment or supplies to the district unless the
amount involved is less than five thousand dollars ($5,000).
27. not participate in discussion or vote on any issue in which I have an actual or
the potential of a conflict of interest in the following circumstances:
a. a “direct pecuniary interest, (a matter benefiting the board member's own property or affording a direct financial gain);
b. an “indirect pecuniary interest” (a matter that financially benefits one closely tied to the board member, such as an immediate family member or an employer);
c. a “direct personal interest” (a matter that benefits a blood relative or close friend in a non-financial way); and
d. an “indirect personal interest” (a matter in which the board member individual's judgment may be affected because of membership in some organization and a desire to help that organization further its policies); or
e. when at least two-thirds of the governing board members vote that there is an identifiable conflict of interest that should prohibit the member from voting on a specific matter.
Pursuant to SDCL 1-25-2(1), the Board of Education may enter into executive session to
discuss the performance of an elected school board member, which may include
discussing a perceived or alleged violation of this policy. Should the majority of school
board members determine that a school board member has violated one or more
provisions of this policy, the school board may, in open session, reprimand the school
board member for a violation of the School Board Member Code of Ethics.
State Reference Description
*Hanig v. City of Winner Board member conflict of interest
SD Constitution Article 8 §17 Interest in sale of school equipment prohibited
SDCL 13-20-2.1 Interest in sale of school equipment unlawful
SDCL 13-43-1 Employment of board member in same district prohibited
SDCL 13-7-3 Public offices incompatible with board membership
SDCL 3-16 Malfeasance, misfeasance and nonfeasance in office
SDCL 6-1-1 Local officer’s interest in public purchase or contract unlawful
SDCL 6-1-17 Prohibition from discussion or voting on issue if conflict of interest exists
SDCL 6-1-2 Conditions which contract with local officer permitted
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBFA
BOARD MEMBER CONFLICT OF INTEREST
Public office is a trust created in the interest of the common good and for the benefit of the people. As public officials holding the respect and trust of the community, board members will not use the office for personal advantage.
A board member will not have any direct pecuniary interest in a contract with the school district or furnish directly any labor, equipment or supplies to the district unless the amount involved is less than five thousand dollars ($5,000).
Each member shall decide if any potential conflict of interest requires disqualification from participation in board discussion or action. No board member may participate in discussion or vote on any issue in which the member has a conflict of interest if the following circumstances apply:
1. “Direct pecuniary interests,” when a school board member votes on a
matter benefiting the board member's own property or affording a
direct financial gain;
2. “Indirect pecuniary interests,” when a school board member votes on a
matter that financially benefits one closely tied to the official, such as
an employer, or family member;
3. “Direct personal interest,” when a school board member votes on a
matter that benefits a blood relative or close friend in a non-financial
way; and
4. “Indirect Personal Interest,” when a school board member votes on a
matter in which an individual's judgment may be affected because of
membership in some organization and a desire to help that
organization further its policies; or
5. At least two-thirds of the Board votes that a member has an identifiable
conflict of interest that should prohibit the member from voting on a
specific matter.
State Reference Description
*Hanig v. City of Winner Board member conflict of interest
SD Constitution Article 8 §17 Interest in sale of school equipment prohibited
SDCL 13-20-2.1 Interest in sale of school equipment unlawful
SDCL 13-43-1 Employment of board member in same district prohibited
SDCL 13-7-3 Public offices incompatible with board membership
SDCL 3-16 Malfeasance, misfeasance and nonfeasance in office
SDCL 6-1-1 Local officer’s interest in public purchase or contract unlawful
SDCL 6-1-17 Prohibition from discussion or voting on issue if conflict of interest exists
SDCL 6-1-2 Conditions which contract with local officer permitted
Adopted: November 1983
Revised: February 10, 1997
Revised: June 13, 2006
Revised: January 10, 2017
BCA
BOARD ORGANIZATIONAL MEETING
The annual organizational meeting of the Board will be held on the second Monday of July, unless otherwise designated by the Board at the previous regular meeting.
The meeting will be called to order by the business manager and the oath of office will be given by the business manager to all newly elected Board members. The business manager will conduct the election for the School Board President. The Board President will assume office and will conduct the election for the Vice-President. The persons elected as President and Vice President shall serve in the positions until the next annual meeting.
BUSINESS ITEMS
Items of business to come before the annual meeting may include but are not limited to:
1. Setting of date, time and place for regular meetings (required);
2. Designation of official depository or depositories (required);
3. Designation of the custodians of all accounts (required);
4. Authorize business manager to electronically transfer funds for specifically authorized purposes;
5. Designation of official legal newspaper (required);
6. Designation of school board member(s) who in addition to the school board president have the authority to countersign checks drawn by the business manager (required);
7. Authorization of continuation of existing funds or accounts and the establishment of any new accounts;
8. Establishment of school board committees (such as finance, curriculum, negotiations, facility, transportation, policy review and development and such other committees as determined by the school board) and school board representatives to serve on other boards as applicable (i.e., educational cooperative board, equalization board, ASBSD Delegate Assembly, etc.);
9. Setting bond for school business manager (required), and in discretion of school board, set bonds for school board members and other employees;
10. Appointment of truancy officer;
11. Appointment of Title IX compliance officer;
12. Appointment of Rehabilitation Act Section 504 compliance officer;
13. Appointment of Americans with Disabilities Act compliance officer;
14. Appointment of Age Discrimination Act compliance officer;
15. Appointment of Asbestos compliance officer;
16. Designation of parliamentary procedure guidelines for Board meetings;
17. Authorization of business manager to invest and reinvest funds in institution, which serves greatest advantage to school district;
18. Selecting date of annual school election;
19. Setting school activities admission fees;
20. Authorization of superintendent to close school in emergency situations and in case of inclement weather and setting chain of command in event superintendent is absent;
21. Establish Board of Education compensation;
22. Designation of School District Attorney(s);
23. Authorize participation in associations (i.e., ASBSD, SDHAA, etc.).
State Reference Description
SDCL 13-8-10 Meetings of board
SDCL 13-8-14 Assumption of office by new members
SDCL 13-8-18 Amount of business manager’s bond
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BCD
BOARD/SUPERINTENDENT RELATIONSHIP
The board believes that the legislation of policies is its most important function and that the execution of those policies is the function of the superintendent. Together, the board and the superintendent are a team, each playing a well-defined position.
The superintendent will be the chief executive officer of the board and will be responsible for the administrative and advisory functions of the board. Planning, policy making and evaluation are the functions of the board.
The board holds the superintendent responsible for the administration of its policies, the execution of board decisions, the operation of internal machinery designed to serve the school program and for keeping the board informed about school operations and problems.
Orientation of new members of the Board of Education will be handled by the superintendent and by furnishing the new member with a complete file on the board’s policies, rules and regulations and also a file of board notes on hand, plus the file of the previous member.
Adopted: November 1983
Revised: February 10, 1997
BDDA
SCHOOL BOARD MEETINGS
REGULAR MEETINGS:
All regular official School Board meetings will be held on the second Monday of each month, unless otherwise designated at the annual organizational meeting of the Board.
The official meetings of the school board are open to the public unless a specific law is cited by the school board to close the official meeting to the public. An official meeting is any meeting of a quorum of the school board at which official business of the school district is discussed or decided, or public policy is formulated, whether in person or by means of teleconference.
Subject to the following rules, any person may record, through audio or video technology, a school board meeting that is open to the public as long as the recording is reasonable, obvious, and not disruptive.
1. A person who wishes to audio or video record some or all of an official school board meeting must inform the school board president/chairperson or superintendent prior to the beginning of the meeting of the person’s intent to record. At the beginning of the meeting, the school board president will then inform all persons present of the recording.
2. The quantity and type of recording equipment used shall be subject to the discretion of the school board, and the school board president/chairperson shall have the discretion to exclude or terminate recording of the meeting. This discretion is not to be exercised in an effort to restrict the public’s right to be informed of school board meeting proceedings, but only where these rules have been violated.
3. Recording equipment must not produce distracting light or noise, and no artificial lighting device of any kind shall be employed with a video camera.
4. Recording equipment must not obstruct the vision of persons attending the school board meeting and their ability to see all school board members.
5. Any person violating the rules set forth above may be directed to cease the recording or leave the premises
SPECIAL MEETINGS:
Special meetings may be called by the President of the Board, or in his or her absence the Vice-President, or a majority of the Board members. Notice stating the time and place of any special meeting and the purpose for its call, will be given each Board member and the Superintendent by the Business Manager, either orally or in writing, in sufficient time to allow each member's presence. No business other than that stated in the notice will be transacted at a special meeting. Local news media that have requested notice will be notified of the special meeting by mail, e-mail, delivered in person or telephone prior to the meeting.
TELECONFERENCE:
Any official meeting, including executive meetings, may be conducted by teleconference. A teleconference is an exchange of information by audio, video, or electronic medium, including the internet. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call. A teleconference may be used to conduct a hearing. If the school board conducts an official meeting by teleconference, the school board shall provide a place at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, which has less than a quorum of school board members participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive meeting.
State Reference Description
Rule 10-9 South Dakota Supreme Court (audio/video recording of court proceedings)
SDCL 1-25-1 Official meetings open to the public
SDCL 1-25-1.1 Notice of meetings of public bodies
SDCL 1-25-1.2 Teleconference defined
SDCL 1-27-1.16 Material relating to open meeting agenda item to be available
SDCL 13-8-10 Meetings of board
SDCL 22-18-35(3) Disorderly conduct - Disturbing any lawful assembly or meeting of persons without lawful authority
LEGAL REFS: SDCL 1-25-1; 13-8-10
CROSS REFS: BDC, Executive Sessions
BDDA, Notification of School Board Meetings
Adopted: November 1983
Revised: October 14, 1997
Revised: January 10, 2017
BDA
ELECTRONIC COMMUNICATION BY BOARD MEMBERS
An exchange of information by audio, video, or electronic medium, including the internet, by a quorum of the school board and when official business of the school district is discussed or decided, or public policy is formulated, is subject to school district policies BD and BDDA and open meetings laws.
1. Board members shall not use electronic communication as a substitute for discussion or decision-making at regular or special board meetings open to the public.
School board members shall not use electronic communication to discuss or reach a consensus, majority opinion or unofficial decision, related to school district business.
Adopted: January 10, 2017
BDDC
AGENDA PREPARATION AND DISSEMINATION
The agenda for all meetings of the Board will be prepared by the Superintendent in consultation with the Board President.
Items of business may be suggested by any Board member, staff member or citizen of the district. The agenda, however, will always allow suitable time for the remarks of the public who wish to speak briefly before the Board.
The Board will follow the order of business set up by the agenda unless the order is altered by a majority vote of the members present. Items of business not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider the item. The Board, however, may not revise Board policies, or adopt new ones, unless such action has been scheduled.
The agenda, together with supporting materials, will be distributed to Board members at least 24 hours prior to the Board meeting to permit them time to give items of business careful consideration. The Board shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any meeting, by posting a copy of the notice, visible to the public, at the building in which the Superintendent’s office is located. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the public body's website upon dissemination of the notice, if such a website exists. For special or rescheduled meetings, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice.
State Reference Description
SDCL 1-25-1.1 Notice of meetings of public bodies
SDCL 1-27-1.16 Material relating to open meeting agenda item to be available
Adopted: January 10, 2017
BD-R
TO BE PLACED ON BOARD AGENDA
To be placed on the agenda, the superintendent must receive a written appeal describing the complaint and remedy sought by noon Wednesday prior to the regularly scheduled board meeting. This meeting will consist of the Board, superintendent, principal, complainant and school person involved if be the case. The meeting should, in cases of personnel, be in closed session.
Individual board members who receive questions or suggestions from district residents should:
1. Answer the question if they definitely know the answer.
2. Always advise the superintendent of the conversation as it may have policy implications.
3. Advise the person or persons involved to take their question or suggestion to the appropriate staff member if the answer is not definitely known.
Revised: October 14, 1997
BDC
EXECUTIVE SESSIONS
It is the board’s belief that educational matters should be discussed and decisions made at public meetings of the board to fulfill the rational for the creation of public governing bodies.
However, some matters are more properly discussed by the board in private session. As permitted by law, an executive or closed meeting may be held for the sole purposes of:
(1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. (2) Discussing the expulsion, suspension, discipline, assignment or educational program of a student; (3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation/contractual matters: (4) Preparing for contract negotiations or negotiating with employees or employee representatives; (5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting. The specific statutory authority for entering executive session (SDCL 1-25-2(1), SDCL 1-25-2(2), etc., must be cited within the motion to enter executive session. Discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal of state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.
LEGAL REFS: SDCL 1-25-1 THROUGH 1-25-5
Adopted: November 1983
Revised: February 10, 1997
Revised: June 13, 2006
Revised: January 10, 2017
BDD
BOARD OF EDUCATION MEETINGS
Board of Education members will be notified of meetings in advance.
The Superintendent or his/her designated official will construct the agenda of the regular meetings of the Lead-Deadwood Board of Education.
Advance delivery of meeting materials will be distributed to the Board of Education members at least one (1) day before the meeting is scheduled to take place.
Each member will review the minutes for approval. If any changes or corrections are to be made, they will be noted on the copy and pointed out at the next regular meeting to the business manager who will make the changes.
A quorum of three (3) members of the Lead-Deadwood Board of Education is necessary before business can be conducted.
Revised: February 10, 1997
BDDF
Parliamentary Procedure
The Board of Education shall utilize Robert’s Rules of Order for Parliamentary Procedure as the guide for conducting official meetings held by the Board of Education. However, in utilizing Robert’s Rules of Order for Parliamentary Procedure as a guide it is not intended nor is it required that there be strict compliance with Robert’s Rules of Parliamentary Procedure. The Board President/Chairperson shall make all decisions related to parliamentary procedure that may arise during the course of a meeting. Any Board member may appeal the decision of the Board President/Chairperson to the full Board (school board members present at the meeting), and the Board shall, by majority vote, decide the procedural issue or question pending before the Board.
The purpose of parliamentary procedure is:
1. to establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
2. to organize the meetings so that all necessary matters can be brought to the Board and that decisions of the Board can be made in an orderly and reasonable manner;
3. to insure that members of the Board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to insure adequate discussion of decisions to be made; and
4. to insure that meetings and actions of the Board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.
Adopted: January 10, 2017
BDDE-E (1)
Parliamentary Procedure Guide
The Board of Education shall utilize Robert’s Rules of Order for Parliamentary Procedure as the guide for conducting official meetings held by the Board of Education. However, in utilizing Robert’s Rules of Order for Parliamentary Procedure as a guide it is not intended nor is it required that there be strict compliance with Robert’s Rules of Parliamentary Procedure. The Board President/Chairperson shall make all decisions related to parliamentary procedure that may arise during the course of a meeting. Any Board member may appeal the decision of the Board President/Chairperson to the full Board (school board members present at the meeting), and the Board shall, by majority vote, decide the procedural issue or question pending before the Board.
1. To obtain the right to speak, address the Chairperson/President and be recognized by the Chairperson/President before speaking. (Member: "Mr./Madame Chair/President . . ." and Chair/President: "The chair recognizes ______”).
2. To introduce a motion, say, "I move that..."
3. A motion may be withdrawn by the maker with consent of the person who seconded the motion or by majority vote if objection to withdraw the motion is made.
4. To amend a motion, say, "I move to amend the motion by...." Ways of amending are:
a) Striking out parts of the motion;
b) Inserting one or more words into the motion;
c) Striking out and inserting one or more words into the motion; and
d) Substituting a completely new (different) motion.
5. A motion to reconsider a decision made by the board must be introduced by one who voted with the prevailing side in that previous vote, but is out of order (cannot be made) if any part of the decision has been put into action.
6. If the parliamentary procedure of the board is to be questioned, say, "Point of order". The Chairperson/President must allow the member to state his/her point, and then the Chairperson/President must rule on it. If the Chairperson/President denies a point of order, the Chairperson’s/President’s decision may be appealed and either upheld or not upheld by a majority vote.
7. If a board member has a question to ask about a matter under discussion or a procedure to be followed, say, "Point of information". The Chairperson/President must allow the board member to state the question and provide if possible the information requested.
Adopted: January 10, 2017
BDDF
VOTING METHOD
Votes on all options and resolutions will be “ayes” and “nays.” No secret ballots will be used. At the discretion of the president or on the request of a member, roll call vote will be made and the vote of members will be recorded. On a voice vote, any member may request that his/her vote be recorded. All motions must be carried by a majority of the school board members making up the legal quorum and participating in the vote. Each vote at an official meeting held by teleconference shall be taken by roll call.
LEGAL RE: SDCL 13-8-33
Adopted: November 1983
Revised: February 10, 1997
Revised: November 15, 2011
Revised: January 10, 2017
BF
POLICIES, RULES AND REGULATIONS
The Lead-Deadwood Board of Education will maintain a current, continuing set of written governing policies, rules and regulations.
All policy or rule changes must be submitted to the Board of Education no less than thirty (30) days previous to board action. The changes shall be read during a regular meeting for action at the following regular meeting.
Adoption of policies shall be by a majority of the school board.
A loose-leaf book of policies and rules and regulations will be distributed to all principals and kept up-to-date. Copies will also be sent to buildings’ principals and one will be kept in the superintendent’s office.
The policy books are public records and are available to all personnel, students and community members.
Revised: February 10, 1997
BFC
POLICY ADOPTION
Adoption of new policies or changing existing policies is solely the responsibility of the Board. Policies will be adopted and/or amended only by the affirmative vote of a majority of the members of the Board when such action has been scheduled on the agenda of a regular or special meeting.
To permit time for study of all new policies or amendments to policies and to provide an opportunity for others to react, proposed policies or amendments will be presented as an agenda item.
The new or amended policy shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the new or amended policy is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the new or amended policy.
The Board may approve the new or amended policy, amend and approve the proposed new policy or policy amendment, reject the new or amended policy, or defer action on the new or amended policy until a later date.
Policies will be effective upon adoption by the Board. Once adopted, policies of the Board shall be placed on the school district website.
SDCL 13-8-39 Management of schools by board - general powers
Adopted: January 10, 2017
BFF
SUSPENSION OF POLICIES
Board policies may be suspended only upon a majority vote of all the members of the Board at a meeting in the call for which the proposed suspension has been described in writing, or upon a unanimous vote of all members of the Board when no such written notice has been given.
Policies regarding Board operation will be suspended only upon a majority vote of all members of the Board at a meeting in the call for which the proposed suspension has been described in writing, or upon a unanimous vote of all the members of the Board when no such written notice has been given.
Adopted January 10, 2017
BHD
BOARD MEMBER COMPENSATION
Each member of the Lead-Deadwood School Board shall be paid a rate set at the Annual Meeting for each meeting attended. A meeting is defined as any regular or special Board meeting or work on the following committees:
Board members will only be compensated for one meeting per day. No School Board shall be awarded a salary increase unless, upon an affirmative vote by such School Board, a specific salary increase, within the limits set by law, shall be approved. The salary set at the Annual Meeting will be effective beginning at the first meeting after the Annual Meeting. Actual expenses incident to performance of official duties by School Board members may be reimbursed on presentation of expense vouchers with receipts attached. Compensation is paid for mileage incurred for attendance of meetings of the School Board or any other meeting held in accordance with the performance of said duties. Individual school board members may elect, on an individual basis, to have compensation donated towards a scholarship fund.
Adopted: December 12, 2006
SECTION C: GENERAL SCHOOL ADMINISTRATION
Below is listing of Lead-Deadwood School District policies in Section C that have been approved by the Lead-Deadwood Board of Education.
In the absence of Board policy specifically covering any action that the Superintendent determines must be taken for orderly administration, the Superintendent may take temporary action that is believed to be in harmony with the overall policy of the Board. However, the Superintendent will not be free to act when the action involves a duty of the Board that by law cannot be delegated.
In each case in which the Superintendent must take such action, it will be presented to the Board for its consideration at its next meeting.
Adopted: February 10, 1997
Revised February 14, 2017
Below is listing of Lead-Deadwood School District policies in Section D that have been approved by the Lead-Deadwood Board of Education.
DD
FUNDING PROPOSALS AND APPLICATIONS
The chief executive officer (CEO)/superintendent will appraise the Board of district eligibility for federal, state and foundation grants. The Board will seek and use all funding that is consistent with the advancement of the educational program of the district and the policies of the Board.
The preparation of these proposals will be supervised by the chief executive officer (ceo)/superintendent and will be coordinated with the budgetary practices and capital improvement program of the district.
Adopted: November 10, 1998
DD-R
FUNDING PROPOSALS AND APPLICATIONS
Grants may be initiated by citizens, teachers, individuals, or departments independently of the grants office; all grants must be reviewed and approved, however, by the grants office prior to submission to funding agencies. The grants office will provide assistance and, when necessary, write grants for any department in the school district.
The superintendent or director, administrative services should sign all grant requests for the school district.
Proposals for grant extensions or continuing grants should sign all grant requests for the school district.
Proposals for grant extensions or continuing grants should be reviewed by the grants office and signed by the superintendent or director, management information systems before submission to funding agencies.
Developers of grant requests should use the following guidelines:
Specific benefits to be derived from the proposal by:
Does the proposal address an unmet need of
How will proposed services to be derived from the proposal be delivered?
The proposal should state in specific terms the expected outcome anticipated at the conclusion of the grant period.
The proposal should contain a detailed budget of all financial resources needed to operate the proposed program. If funding is needed from more than one source, specific sources and amount of requested funding is to be detailed. If funding is to be provided from Board of Education funds, prior approval must be obtained from the proper division head.
Does the proposal require funding after the termination of the requested grant? If so, where will the needed resources come from?
Does the proposal provide for evaluation?
Adopted: November 10, 1998
DFA
INVESTMENT
Pursuant to SDCL 4-5-8 it is the policy of the Lead-Deadwood School District and its governing board to invest idle public funds in a manner to meet the daily cash flow demands of the District with the primary objects, in priority order, being: a) Safety; b) Liquidity; and c) Return.
Authority to manage the investment program is granted to the Business Manager, who shall refrain from personal business activity that could impair his/her ability to make impartial decisions. The Business Manager must at all times handle the funds in a manner that is in the best interest of the district and is in accord with the Prudent-Man Standard of SDCL 4-5-27. The Business Manager acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. In case of extended leave of absence, the Governing Board shall appoint a replacement Officer.
The Governing Board authorizes the placement of cash resources in the following financial institutions:
The Lead-Deadwood School District is empowered by statute to invest in the following investment vehicles:
(Certificate of deposit Account Registry Service) – not to exceed 18 month maturities (SDCL 4-5-6.1)
*When investing in Certificates of Deposit (CDs) public Funds will be invested at the highest rate of interest possible after attempting to secure three quotes.
In accordance with the SDCL 4-6A, 51A-10-9, and 52-5-20 Qualified Public Depositories will furnish collateral in the sum equal to one hundred percent (100%) of the public deposit accounts that exceed deposit insurance. The financial institution shall submit a copy of their collateralization report to the Business Manager.
The Business Manager shall prepare an investment report not less than quarterly that provides a clear picture of the status of the current investment. The report will include the following:
The interest earned from investments shall be credited t the respective fund, except Agency funds. (SDCL-4-5-9) At year end, investment income will be transferred to the General Fund with the exception that the interest earned in the Food Service Fund will remain in that fund. (SDCL 4-5-9)
It is the policy of the Lead-Deadwood School District to reduce overall risks while attaining average market rates of return by diversifying its investments.
Adopted: December 11, 2007
Revised: February 14, 2017
DFA-R(1)
IMPREST FUND ACCOUNT POLICY
An Imprest Fund is used for handling disbursements immediately, whereby a fixed amount of money is set-aside for a particular purpose. The dollar limit for the Imprest Fund Account will be determined annually at the July Board meeting.
The following items can be run through the Imprest Account:
A detailed monthly report listing disbursements/reimbursements will be submitted for board approval. The Imprest Fund Account will be reimbursed monthly by the appropriate fund (i.e. General Fund, Special Education fund or Food Service Fund).
Adopted: April 8, 2008
DFB
FRAUD POLICY
The management team and the Board of the Lead-Deadwood School District are responsible for detecting fraud of any type. Each member of the management team (consisting of the school board president, superintendent of schools, business manager and account payable/payroll officer) should be familiar with the types of fraud that might occur within his or her area of responsibility and should be alert for any indication of fraud. Any detected or suspected fraud must be reported immediately to the Superintendent of Schools
This policy applies to any fraudulent activity involving not only employees but also directors, vendors, independent contractors who contract with the District, and any other outside persons or agencies, investigations will be performed without regard to length of service, title/position, or relationship.
Fraud should be defined to include the following for purposes of this policy:
Conduct within the scope of employment, or conduct apparently within the scope of employment, and representations to the Board, or any of the institutions governed by it or any affiliated organizations that constitutes:
Investigation of potential fraudulent matters and the resulting reporting should be under the direction of the superintendent. The superintendent shall cause an investigation to be performed utilizing available internal and/or external resources. Information regarding potential fraudulent activities of a criminal nature should be forwarded to the appropriate authorities of local or state law enforcement agencies. The Superintendent of Schools is receptive to receiving information on a confidential basis from an employee who suspects that a fraudulent activity has occurred. That employee should contact the superintendent immediately and should not attempt to confront the accused or conduct his/her own investigation. The results of investigations will not be disclosed or discussed with anyone other than those persons associated with the organization who have a legitimate need to know in order to perform their duties and responsibilities. This does not preclude the disclosure of the results in accordance with resulting prosecution under legal authority.
Those individuals or agencies assigned the responsibility for investigation may take control of and gain full access to the organizations’ records and premises without prior consent of any individual who may have custody of any such records or facilities.
Care must be exercised in the investigation to avoid mistaken accusations. The reporting individual must not contact the suspected individual for information. No facts of the case may be discussed with anyone inside or outside the organization, except those individuals conducting the investigation.
During an investigation, the suspected individual may be suspended with pay. Based upon the results of the investigation, the individual will either be reinstated or terminated, based upon the review of the school district’s legal counsel. Fraudulent activities will be prosecuted to the fullest extent of the law.
If fraudulent activity is found to have occurred one or more of the following dispositions are available:
Where an institution elects to take corrective or disciplinary action, it will proceed under the procedures in place under Board policy or any other collective bargaining agreement for the respective employment classification. However, the institution may take corrective or disciplinary action without awaiting the resolution of criminal or civil proceedings arising from the fraudulent conduct.
All investigations will be conducted in confidence insofar as reasonably possible. The name or names of those communicating information about a fraudulent act and the name or names of those suspected of a fraudulent act will be revealed when required in conjunction of the investigation or legal action.
Adopted: January 15, 2008
DI-R
FISCAL YEAR REPORT
In accordance with state law, an annual report covering the educational and financial activities of the school district will be prepared by the business manager. The report will be submitted and approved on or before August 30th with the State Division of Elementary and Secondary Education.
Adopted: June 1986
Revised: February 10, 1997
Revised: February 14, 2017
DIB
E-RATE RECORDS RETENTION POLICY
Pursuant to the SD Bureau of Administration, Records Retention Division, SCL-53, E-Rate Federal Funding Files 14-012, information is retained for audit purposes. The information to be retained includes applications, invoices, financial reports, and correspondence. That information is to be retained for one (1) year, then transferred to storage for 9 years, and may be destroyed after ten (10) years provided all litigation, claims, and audit findings involving the records have been resolved and final action has been taken.
Pursuant to 47 CFR 54.516(a), the Lead-Deadwood School District shall retain all documents related to the application for, receipt, and delivery of E-Rate supported services for ten (10) years after the last day of the applicable funding year or the service delivery deadline for the funding request, whichever is later. Any other document that demonstrates compliance with the statutory or regulatory requirements for the schools shall be retained as well. The District shall maintain asset and inventory records of equipment purchased as components of supported category two services sufficient to verify the actual location of such equipment for a period of 10 years after purchase.
Pursuant to 47 CFR 54.516(b) and (d), the Lead-Deadwood School District shall produce such records at the request of any representative (including any auditor) appointed by the South Dakota Department of Education, the Universal Service Administrative Company, the FCC, or any local, state or federal agency with jurisdiction over the District, and the District shall permit such representative to enter the District’s premises to conduct E-rate compliance inspections.
Pursuant to 47 CFR 54.516(c), the Lead-Deadwood School District shall be subject to audits and other investigations to evaluate its compliance with the statutory and regulatory requirements for the school district service support mechanism, including those requirements pertaining to what services and products are purchased, what services and products are delivered, and how services and products are being used. The District must provide consent before a service provider releases confidential information to the auditor, reviewer, or other representative.
According to Federal Communications Commission FCC 04-190, August 4, 2004, par. 47, the FCC did not believe that an exhaustive list of documents which must be retained for the recordkeeping requirement is possible due to the diversity that exists among program schools and libraries and descriptive titles or names of relevant documents will vary from entity to entity. The FCC provided for illustrative purposes (FCC 04-190 par. 48) the following description of documents that program beneficiaries such as the Lead-Deadwood School District must retain pursuant to the recordkeeping requirement.
The Lead-Deadwood School District Board of Education adopts the FCC guidelines as the E-Rate Records Retention Policy for the Lead-Deadwood School District as set forth below:
• Pre-bidding Process. The District shall retain the technology plan and technology plan approval letter. If consultants are involved, The District shall retain signed copies of all written agreements with E-rate consultants.
• Bidding Process. The District shall retain all documents used during the competitive bidding process. The District shall retain documents such as: (a) Requests for Proposals, including evidence of the publication date; (b) documents describing the bid evaluation criteria and weighting, as well as the bid evaluation worksheets; (c) all written correspondence between the beneficiary and prospective bidders regarding the products and service sought; (d) all bids submitted, winning and losing; and (e) documents related to the selection of service providers.
• Contracts. The District shall retain executed contracts, signed and dated by both parties, and all amendments and addendums to the contracts, as well as other agreements relating to E-rate between the District and service provider, such as up-front payment arrangements, if any.
• Application Process. The District shall retain (a) all documents relied upon to submit Form 471, including National School Lunch Program eligibility documentation supporting the discount percentage sought; (b) documents to support the necessary resources certification pursuant to section 54.505 of the Commission’s rules, including budgets; and (c) documents used to prepare the Item 21 description of services attachment.
• Purchase and Delivery of Services. The District shall retain all documents related to the purchase and delivery of E-rate eligible services and equipment. The District shall retain (a) purchase requisitions, (b) purchase orders, (c) packing slips, and (d) delivery and installation records showing where equipment was delivered and installed or where services were provided.
• Invoicing. The District shall retain all invoices and records proving payment of the invoice, such as accounts payable records, service provider statement, beneficiary check, bank statement or ACH (electronic payment) transaction record. The District shall also be able to show proof of service provider payment to the beneficiary of the BEAR (Billed Entity Applicant Reimbursement), if applicable.
• Inventory. The District shall retain asset and inventory records of equipment purchased and components of supported internal connections services sufficient to verify the location of such equipment. The District shall also retain detailed records documenting any transfer of equipment within three years after purchase and the reasons for such a transfer.
• Forms and Rule Compliance. All program forms, attachments and documents submitted to the Administrator (USAC, Universal Service Administrative Company) must be retained. The District shall retain all official notification letters from USAC, as applicable. The District shall retain FCC Form 470 certification pages (if not certified electronically), FCC Form 471 and certification pages (if not certified electronically), FCC Form 471 Item 21 attachments, FCC Form 479, FCC Form 486, FCC Form 500, FCC Form 472. The District shall also retain any documents submitted to USAC during program integrity assurance (PIA) review, Selective Review and Invoicing Review, or for SPIN change or other requests.
Note: The Federal Communications Commission FCC 04-190, August 4, 2004, par. 49 emphasized in that the rule requires schools to retain all documents necessary to demonstrate compliance with the statute and Commission rules regarding the application for, receipt, and delivery of services and the descriptive list above was provided by the FCC as a guideline but cannot be considered exhaustive.
LEGAL REFERENCES:
Code of Federal Regulations, 47 CFR 54.516, Subpart F - Universal Service Support for Schools and Libraries
Federal Communications Commission FCC 04-190, August 4, 2004, paragraphs 47, 48 & 49
Federal Communications Commission FCC 14-99, July 23, 2014, paragraph 262
Federal Communications Commission FCC 14-189, December 19, 2014, paragraph 144
SD Bureau of Administration, Records Retention Division, SCL-53, E-Rate Federal Funding Files 14-012
Adopted: December 8, 2009
Revised: February 14, 2017
DID
INVENTORY
The School District shall annually cause an inventory of the school’s property to be made and placed on file with the Business Manager in accordance with SDCL 5-21-1. The person in charge of a particular room shall be the person to take the inventory. If there is a room in a building that no person has charge of, the principal of that building shall be responsible for the inventory of that room.
The information required shall be: building, room, school ID number, description of item, serial number, acquisition date, original cost and special fund if applicable.
The person in charge of a room shall also maintain an inventory, for insurance purposes, of all textbooks, supplies and other materials and equipment in that room. This will be kept by total of each individual type of item.
Adopted: July 1, 2002
DID-R
CAPITAL ASSETS
General capital assets are divided into five main classes: land, buildings, improvements other than buildings, equipment, and construction work in progress. Generally accepted accounting principles require that each school adopt a dollar value indicating which capital assets should be capitalized. The following thresholds will be used in determining if assets shall be included in the District’s capital assets inventory: Equipment with an initial cost in excess of $5,000.00 and an expected life exceeding one year; buildings shall be recorded when the initial cost exceeds $50,000.00; Building improvements and improvements other than buildings shall be recorded when the initiation cost exceeds $25,000.00; Food Service equipment shall be recorded when the initial cost exceeds $1,000.00.
Approved: July 1, 2002
DJC
LOCAL BUSINESS ESTABLISHMENTS
In awarding a contract, if all things are equal, including the price and quality of the supplies or services, the school district shall give preference:
1. to a public or private nonprofit corporation geographically located in the State of South Dakota that provides services for persons with disabilities and is certified by the Department of Human Services, if the other equal low bid or proposal was submitted by a business that was not a qualified agency;
2. to a resident business if the other equal low bid or proposal was submitted by a nonresident business;
3. to a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;
4. to a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or
5. to a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.
In computing price, the cost of transportation, if any, including delivery, shall be considered.
A resident bidder shall be allowed a preference on a contract against the bid of any bidder from any other state or foreign province that enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder shall be equal to the preference in the other state or foreign province.
Adopted: 1976
Revised: February 10, 1997
Revised: February 14, 2017
DJE
LEAD-DEADWOOD SCHOOL DISTRICT #40-1
COPYRIGHT POLICY
It is the intent of the Lead-Deadwood School District to comply with the Copyright Revision Act of 1976 (Title 17 of the United States Code). Only legal copies of copyrighted materials may be made or used on district equipment. Copyright releases for specific materials will be obtained, where available. If the releases are not obtained, alternative products will be considered.
A copy of the policy and guidelines for the various formats of materials will be made available to all employees.
The district assumes no liability of infringement of copyright by individual employees.
Adopted: June 14, 1993
Revised: February 10, 1997
DJE-R
COPYRIGHT RULE
COPYRIGHT LAW – P.O. 94-553 – COPYRIGHT REVISION ACT OF 1976
Factors in fair use:
Guidelines:
Library Photocopying
Legal copies are those that follow copyright law pertaining to specific materials. Guidelines for legal copying follow A#1.
GUIDELINES FOR COMPUTER COURSEWARE
To be legal copies, courseware must meet any or all of the following criteria:
Definitions
Brevity:
Spontaneity:
Cumulative Effect:
3. Prohibitions as to above Sanctions
A. Copying shall not be used to create or replace or substitute for anthologies, compilations or collective works whether copies are accumulated or reproduced and used separately.
B. There shall be no copying of or from works intended to be “consumable” in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets and answer sheets, etc.
C. Copying shall not:
REQUESTING PERMISSION TO COPY
The specific data you need to provide when requesting permission to copy include the following:
The form on the following page allows you to tell the producer everything he or she needs to know in order to grant permission to copy. Make an extra copy for your files, and if you don’t get an answer within four 94) or six (6) weeks, write again and make it “Second Request.”
GUIDELINES FOR EDUCATIONAL USES OF MUSIC
A#3
The purpose of the following guidelines is to state the minimum and not the maximum standards of educational use under Section 107 of H.R. 2223. It is understood that the conditions determining the extent of permissible copying for educational uses may change in the future. Also, there may be instances in which copying does not fall into the guidelines stated below may nonetheless be permitted within the criteria of fair use as stated in Section 107 of the Copyright Revision Bill.
(ii)For academic purposes other than performance a single copy of an entire performable unit (section, movement, aria, etc.) that is confirmed by the copyright proprietor to be out of print or unavailable except in a larger work may be made by or for a teacher solely for the purpose of his/her scholarly research or in preparation to teach a class.
GUIDELINES FOR OFF-AIR RECORDING OF TELEVISION
A#4
Adopted: June 14, 1993
Revised: February 10, 1997
DJF
PURCHASING PROCEDURES/CREDIT CARD USE
The Business Manager, with approval of the Superintendent/CEO, is authorized to provide School District credit cards on an as-needed basis to teachers, administrators, and school board members for school related and approved travel and/or purchases. Use of School District credit cards may only be authorized for a specific reason or event and a limited period of time. A written record of all authorized users, the purpose or event for which use was authorized, and a return date shall be kept by the Business Manager. The available credit line for any card issued under this policy shall not exceed Eight Thousand Dollars ($8,000). School District credit cards may be used for the following reasons:
Prior to authorizing the use of School District Credit cards, the Business Manager shall require the user to sign a credit card use agreement authorizing the School District to deduct or withhold the amount of any and all charges to the credit card from the user’s pay unless:
The credit card use agreement must be signed and completed prior to any use of the School District credit card. Any use of the School District’s credit card prior to or without completing the credit card use agreement shall be considered unauthorized and may subject the use to discipline, including dismissal, and criminal charges.
The Business Manager shall reconcile all credit card statements unless the Business Manager was an authorized user for the period of time covered by the statement. In such cases, some person other than the Business Manager shall reconcile the credit card statement.
Any credits earned such as frequent flyer miles or other things of value received as a result of the use of the District’s credit card will be the property of and solely for the benefit of the School District.
Adopted: January 10, 2006
Revised: March 9, 2010
DLC-R
TRAVEL EXPENSES FOR ATTENDANCE AT PROFESSIONAL MEETINGS AND CONFERENCES
Travel Preparation
Travel Allowances
The Board of Education permits an advance for meals only. Reimbursement for the other travel expenses will be paid as follows:
Travel Claims
Lodging
Registration Fee
Travel Expenses
School vehicle charge slips
Adopted: August 14, 1995
Revised: July 13, 1999
DLC
REGISTRATION FEES
The Lead-Deadwood School District will pay the registration fees for students representing the school in any public, school-sponsored activity.
DLC-R
STUDENT/ADVISOR ACTIVITY MEALS AND LODGING
Any student and/or advisor participating in a school-sponsored activity may be furnished meals/lodging at the expense of the school district providing the following criteria are met:
Adopted: June 10, 1991
Revised: February 10, 1997
Revised: January 13, 2009
Below is listing of Lead-Deadwood School District policies in Section E that have been approved by the Lead-Deadwood Board of Education.
It is the responsibility of the Superintendent to see to it that measures be taken to insure the security of all buildings and grounds as well as contents and safety of personnel using the same.
Revised: February 10, 1997
BOMB THREATS
The Board recognizes that bomb threats are a significant concern to the schools. Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.
Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.
CONDUCT PROHIBITED
No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a "look-alike" bomb on school premises will be considered a threat for the purpose of this policy.
It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools. For the purpose of this policy, "toxic or hazardous substance or material" means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.
DEFINITIONS
1. A "bomb" means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, "Molotov cocktail" or other destructive device.
2. A "look-alike bomb" means any apparatus or object that conveys the appearance of a bomb or other destructive device.
3. A "bomb threat" is the communication, by any means, whether verbal or nonverbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
4. "School premises" means any school property, school buses and any location where any school activities may take place.
DEVELOPMENT OF BOMB THREAT PROCEDURES
The Superintendent or designee shall be responsible for developing and implementing procedures specific to bomb threats as part of the District's Crisis Response Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:
1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);
2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
3. Incident "command and control" (who is in charge, and when);
4. Communications contacts and mandatory bomb threat reporting;
5. Parent notification process;
6. Training for staff members;
7. Support services for students and staff.
The initial bomb threat procedure will be subject to approval by the Board. The Superintendent or his or her designee will be responsible for overseeing a review or evaluation of bomb threat procedures.
REPORTING OF BOMB THREATS
1. A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Officer or other employee in a position of authority.
2. An employee of the school unit who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately
7
take appropriate steps to protect the safety of students and staff in accordance with the District's bomb threat procedure, as developed under Section C, and inform the Superintendent of the threat.
3. All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.
4. The Superintendent shall be responsible for reporting any bomb threat to the Board of Education. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.
STUDENT DISCIPLINE CONSEQUENCE
Making a bomb threat is a crime. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action.
The administration shall suspend and may recommend for expulsion any student who makes a bomb threat.
AIDING OTHER STUDENTS IN MAKING BOMB THREATS
A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.
FAILURE TO REPORT A BOMB THREAT
A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.
STAFF DISCIPLINE CONSEQUENCES
A school system employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and Board policies.
A school system employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.
CIVIL LIABILITY
The District reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.
LOST INSTRUCTIONAL TIME
Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate opportunity as determined by the Superintendent within parameters set by the Board.
Time lost may be rescheduled on a vacation day, or after what would normally be the last day of the school year, except on days when schools must be closed as required by law.
NOTIFICATION THROUGH STUDENT HANDBOOK
All student handbooks shall address the District's bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.
Adopted: March 14, 2017
EDBA
LOANING OF TEXTBOOKS
Textbooks will be loaned to children who are not enrolled in the Lead-Deadwood School District or a school supported by any other governmental entity upon written request by the child or the child’s parent or guardian.
Textbooks loaned shall be the same textbooks normally used by the students enrolled in the Lead-Deadwood Schools.
Adopted: May 1987
Revised: February 10, 1997
Revised: March 14, 2017
EE
SCHOOL SPONSORED TRIPS
All students going on school sponsored trips will be transported by a school vehicle unless permission is granted by the administration.
Any student wishing to travel to a school sponsored activity in a vehicle other than a school vehicle must fill out Form (EE-R). This form can be obtained in either the Principal’s Office or the Activities Office and must be completed and on file in the administration office prior to the school activity taking place.
Adopted: January 13, 2009
Revised: March 14, 2017
EE-R
LEAD-DEADWOOD SCHOOL DISTRICT
REQUEST TO PARTICIPATE IN SCHOOL ACTIVITY
PROVIDING PERSONAL TRANSPORTATION
AND STATEMENT TO HOLD SCHOOL DISTRICT HARMLESS
The undersigned parent/legal guardian requests that their child participate in the following school activity:
ACTIVITY:
LOCATION:
DATE/TIME:
REASON FOR REQUEST:
The activity requires off campus participation. The below identified student and guardian are requesting transportation in a vehicle other than a school vehicle for transportation. The parent/guardian states that:
Furthermore, the undersigned hereby releases and agrees to hold harmless the Lead-Deadwood School District from any claim or injury that may be suffered as a result.
Name of Student (date)
Parent/Guardian (date)
Based on the foregoing, the Lead-Deadwood School District hereby grants permission for the above named student to participate in the identified activity.
By:
(date)
Title:
This form must be completed and on file in the administration office prior to a student riding to a school activity in a vehicle other than a school vehicle.
Adopted: January 13, 2009
Revised: March 14, 2017
EF
SCHOOL LUNCH SERVICES
The purpose of this policy is to clarify the process when students/families fail to pay for their meals. All full price pricing policies for school meals are matters of local discretion. This includes decisions about whether or not to extend credit to children who forget their meal money or whether or not to provide an alternate meal to such children. Therefore, a school district could decide not to provide meals to children who must pay the full price for their meals but do not have the money to do so. However, while schools are not obligated to provide meals to children who forget their money, the LDSD will be flexible in this area, particularly with young children and children with disabilities who may be unable to take full responsibility for their money. When a student lunch account becomes delinquent, the District shall make the student’s parents or guardians aware of that fact and that financial assistance may be available to them. Free and Reduced Price Lunch Application will be made available to any parent/guardian that has difficulty paying for the student’s lunch. Completing this application does not necessarily guarantee that a free or reduced price lunch will be approved. All applicants must qualify. If accepted for a free or reduced price lunch, the parent/guardian will still owe the school for any outstanding balance on the lunch account. Lunches that meet state standards shall be provided to all elementary and middle school students, regardless of whether their account is delinquent, because the District holds parents responsible for payment, not the students at those grade levels. Food for high school students will not be provided to students after the balance has exceeded $25.00. Exceptions to this policy will only be considered on an individual student basis by the principal or his/her designee. A list of high school students with zero or negative balances will be provided to the high school administration for their review so that special accommodations can be made, if appropriate.
If reimbursement or a financial aid application is not received in a timely manner, the following guidelines will be used by the administration to collect the delinquent funds.
REGULATIONS for ELEMENTARY and MIDDLE SCHOOLS
REGULATION for HIGH SCHOOL
Students must have money on account or cash in hand to pay for food items after balance has exceeded $25.00.
High School Administration will receive from the Cafeteria Manager a list of students who attempt to purchase food items but do not have sufficient cash or funds in his or her lunch account. The principal may make an exception to the above regulation for these students, on a case by case basis.
If attempts of communicating with the parents or guardians to collect the delinquent funds are not successful, efforts to recover these delinquent funds may progress to include the following:
All delinquent payments will be pursued up to two years after a student has withdrawn from the district at which time for auditing purposes the delinquent funds will be written off per board action.
Adopted: 1976
Revised: February 10, 1997
Revised: January 11, 2011
Revised: March 14, 2017
EIA
PROPERTY, LIABILITY VEHICLE INSURANCE
Insurance will be provided for all property, liability, vehicle and contents of the Lead-Deadwood School District No. 40-1.
Adopted: December 14, 1956
Revised: February 10, 1997
SECTION F: FACILITIES DEVELOPMENT
Below is listing of Lead-Deadwood School District policies in Section F that have been approved by the Lead-deadwood Board of Education.
FB
NAMING FACILITIES
The Board of Education shall have sole authority to name or rename district facilities, which include buildings, athletic fields, stadiums, gymnasiums, libraries, fields, tracks and multipurpose rooms. The following guidelines shall apply to requests for naming facilities:
1. PROCEDURE
All requests for naming facilities shall be submitted to the district Superintendent at the district office. Requests shall include reasons the facility should be named after the proposed individual, a biography of the individual to be honored, a letter of permission from the family, and other information, such as funding and design plans for signage.
2. DISTRICT NAMING COMMITTEE
The Board directs the Superintendent to establish a Naming Committee composed of diverse membership from the community, school staff, and student population. The Naming Committee shall consider all naming proposals, come up with a reasonable and fair process for evaluation, review and consider all requests, and decide whether to recommend a naming or renaming to the Board. The Naming Committee, under the direction of the Superintendent, shall set its own rules and procedures for meetings.
3. CRITERIA FOR FACILITY NAMES
The Naming Committee and Board of Education shall consider the following questions when deciding on a naming request:
a. What is the individual’s moral character and contribution to education?
b. What is the individual’s connection to the facility?
c. What is the reaction of the district community, based on input from community members, including school staff, PTA members, and other sources?
d. Names of retired district employees are eligible to be considered three years after their retirement from the district.
e. Anyone may submit a suggestion for a school or facility name to the Committee for consideration.
f. No corporate donors (e.g., Pepsi, Coca Cola, and Nike) shall be able to purchase naming rights at any district school or facility.
4. SIGNAGE PLANS
The district’s facilities department, under the supervision of the superintendent, must approve all signage design plans for the facility. Final plans will then be submitted to the district’s Board of Education for final ratification.
Adopted: December 12, 2006
SECTION G: PERSONNEL
Below is listing of Lead-Deadwood School District policies in Section G that have been approved by the Lead-Deadwood Board of Education.
G
TEACHERS RESPONSIBILITY OF STUDENTS
Teachers shall be responsible for proper and adequate control of pupils. Teachers shall enforce rules and regulations of the school and shall give support to their principals in maintaining district policies.
Teachers shall inform the principal or his/her delegated authority of acts of misconduct by students.
Revised: February 10, 1997
Revised: June 13, 2017
GBE
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED)
The Board of Education will ensure that Automatic External Defibrillators will be placed in schools and that staff are trained. Selected staff will be trained and receive periodic updates from the school nurse, at each site, on the proper use of the AEDs. The AEDs will be strategically placed in various high traffic areas in order to be readily available. A minimum of four employees in addition to the School Nurse will be certified to use the AED. Efforts will be made to have as many staff as possible complete this training. A Physician Director will provide oversight to the program.
Administrative Guidelines:
AED Placement
Each AED will be located in a central/visible/secure area in the following locations:
Oversight
To meet the requirements of the South Dakota Department of Safety, Division of Emergency Services:
The Physician Director will provide oversight to the program including:
The School Nurse will:
Full self-testing including interactive portion will be done monthly, after each use, whenever the battery is replaced, and whenever there is a possibility the AED may have tampered with or sustained damage. Individuals using the AED should fill out use form with the school nurse and return it to the school nurse on the next working day. She will route it to the Physician Director for evaluation. This will also alert the school nurse to the need to perform self-testing on the equipment and to replace any supplies that were used.
Adopted: March 13, 2006
Revised: March 14, 2017
GBG
POLITICAL ACTIVITIES OF THE SCHOOL DISTRICT EMPLOYEE
The school board recognizes that employees of the district have the same fundamental civic responsibilities and privileges as other citizens. Among these are campaigning (running) for elective public office and holding an elective or appointive public office.
An employee who intends to campaign (run) for an elective public office must inform the superintendent by submitting a letter of intent. An employee who has been elected to a public office will be granted political leave in compliance with SDCL 13-43-15.1.
An employee who has been appointed to a public office or has an opportunity to work in a political activity, will apply in writing to the superintendent for such leave and will discuss with the superintendent the terms and conditions of continued employment.
At the next regular board meeting, after receiving the letter of intent or written application, the superintendent will present a recommendation to the board for consideration of whether or not the activity proposed by the employee is compatible with the time requirements for fulfilling the employee’s responsibilities to the district.
Within ten (10) days of the superintendent’s recommendation to the board, the board will provide the employee with a written answer to the request, including salary arrangements. This will take place at least five (5) days before any public announcement of such political activity is made by the employee.
No employee will use school system facilities, equipment, or supplies for campaigning, nor will the employee use any time during the working day for campaigning purposes.
If on political leave, the employee will be able to return to a position within the district when the political activity ceases.
Legal Ref: SDCL 13-43-15.1
Adopted: December 12, 2006
There are no Lead-Deadwood School District policies in Section H that have been approved by the Lead-Deadwood Board of Education.
Below is listing of Lead-Deadwood School District policies in Section I that have been approved by the Lead-Deadwood Board of Education.
IB
ACADEMIC FREEDOM
Public education in a pluralistic society must strive to present, as objectively as possible, varied events, activities and perceptions reflected in history, literature and other sources of humanity’s thought and expression. A major goal of education in a free society is to develop persons who can think critically, understand their culture, live compassionately with others, make sound decisions and live with the consequences of their judgment.
Because points of view differ and biases exist, students must have access to materials which express this diversity of perspective. In order to effectively implement such programs and policies, it is the responsibility of teachers to make certain that access to materials presenting diverse perspectives is available. Teachers should take into account the relative maturity of their students and the need for guidance and help in studying issues and arriving at balanced views. All instruction conforms to adopted courses of study. The principle of academic freedom presupposes intellectual honesty on the part of the person who exercises it and that they can and will discriminate among facts relating to an issue. In expressing a personal opinion, a teacher makes it known to students that the view is their own and does not attempt to bring students to a commitment to that personal viewpoint.
Adopted: July 10, 2007
Revised: April 11, 2017
IF
CURRICULUM DEVELOPMENT SUPERINTENDENT AND THE CURRICULUM
The Superintendent will be responsible for curriculum development for the school system, working with administrative and professional staffs. The Superintendent will set up such school curriculum committees for the study of curriculum improvements, including the selection of new instructional materials, as found necessary and desirable.
Adopted: May 1989
Revised: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM DEVELOPMENT
The primary purpose of the Board is to provide an instructional program that fulfills the documented needs of the students served within the District. To this end, the Board shall maintain a system for operating the educational program in the most efficient and effective manner possible.
The Board recognizes that the educational goals of School District 40-1 can best be attained through instructional approaches as diverse as students’ needs within a pluralistic society. Therefore, the Board endorses the development of educational programs through the cooperative efforts of educators, parents, pupils and community representatives.
The Curriculum Committee serves as an advisory group to the Superintendent/ Principal on matters of Curriculum Development and program improvement.
The Board also encourages and supports the certified staff in its efforts to evaluate present programs, investigate new curricular ideas and develop and improve programs.
B. Establishing the Educational Program and Making Changes
The Board believes that in a constantly changing world, an up-to-date and effective curriculum is necessary and that a dynamic instructional program requires ongoing review of the curriculum and courses of study.
It is the policy of the Board that no course of study shall be eliminated or new courses be added without approval of the Board; nor shall any major alteration or reduction of a course of study be made without such approval.
It is imperative that new courses be carefully planned, adequately financed and submitted with ample time for review and budgeting. Written proposals for new courses must include detailed rationale, objectives and supporting competency statements. Proposals to delete an existing course must be supported by a written rational and explanation of whether competencies taught in the course will be dropped or absorbed by other courses.
The Board opposes changes or withdrawals of school curriculum or materials during the school year as a response to public or private pressure, especially when such pressure is exerted outside the established policy-making structure. The Board recognizes that elective courses may be dropped for a given term by the administration for such reasons as low enrollment or lack of a qualified staff person to teach the course. Such dropping of a course does not require the approval of the Board. The Board also authorizes approved curriculum development work during summer months within an approved budget.
C. Involvement
The Board supports the fullest possible public participation in the process of determining its educational program and in selected instructional materials. The advice and involvement of staff, parents and students shall be sought and utilized through the curriculum committee, parent advisory committees, surveys and public informational meetings.
D. Role of the Board
With the assistance of the professional staff and others as appropriate, the Board will adopt the educational program offerings and determine if the educational program policies achieve the desired results through appropriate assessment and test results.
E. Role of the Administration
To fulfill the goals of the educational program policy, the Superintendent will do the following:
The Superintendent is accountable to the Board for the following procedures which will be updated each year.
F. Evaluation and Reporting
It shall be the responsibility of the Superintendent to report periodically to the Board on the progress the District is making towards the attainment of its educational goals. An end-of-school year report shall be presented to the Board.
Adopted: May 1989
Revised: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM EVALUATION
1. Each area of the curriculum will be evaluated at least once every five years with the results of the evaluation and recommendation(s) submitted to the Board of Education for any necessary action. (See Policy IF-R(3), Curriculum Review Cycle.)
2. The curriculum areas are defined as follows: Fine Arts, Language Arts, Mathematics, Physical Education, Science, Social Studies, Special Areas, and Vocational Education.
3. The administration shall cause the evaluation to be conducted. The evaluation shall be performed by a Subject Area Committee with potential members selected from affected: (a) administrators, (b) teachers, (c) students, (d) lay representatives and (e) consultants as needed.
4. The evaluation and recommendations shall be based on criteria which identifies current performance standards of our school, performance standards of like schools, current trends in that educational field and expected future performance.
5. Interim studies and proposals may be requested by any person to the administration.
6. The administration, with or without the use of an ad hoc committee, shall evaluate the request, report back to the individual making the request and the Board of Education, with recommendations.
Adopted: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM REVIEW CYCLE
South Dakota Standards Revision and Adoption Timeline
Adopted by State Board of Education Nov. 29, 2010
A major function of the CSIC is to develop a sequence and review cycle for district-wide curriculum development. Here is the cycle:
Adopted Curriculum Review Cycle
Subject |
State Adoption Year |
District Review Year |
Budget Year |
English Language Arts |
Summer 2010 |
2012-2013 |
14 |
Mathematics |
Fall 2010 |
2012-2013 |
15 |
Fine Arts/PE/Health |
Summer 2012 |
2013-2014 |
14 |
Science/Technology |
Summer 2014 |
2014-2015 |
15 |
Social Studies |
Summer 2015 |
2015-2016 |
16 |
The review of a particular discipline should be done by a team of teachers representing the subject area a minimum of 1 or 2 teachers from each level (K-5 6-8 and 9-12) plus one administrator for core subjects and a minimum of one instructor from each building (elementary, middle, and high). The bulk of the work should be done in the summer and outside of the school day, preferably the first week or two following the end of the school year. The department chair and subject area teachers will complete a curriculum guide during this time that includes a scope and sequence for the program; clear standards alignment; goals of the program; student objectives of the program; authentic tasks to be used; content review and selection, curriculum curation, and assessment methods. There should then be meetings held quarterly throughout the next school year, at which time the department chair will make the curriculum guide available to all staff in that discipline for input as well as reviewing and selecting materials that fit the curriculum.
Each content area is systematically reviewed according to our district’s Curriculum Review Schedule, set and adopted by the CSIC and aligned with the South Dakota Department of Education’s standards review cycle. The curriculum review for each content area takes place over the course of 2 years and is conducted by the department chair and a team of teachers who represent all stakeholder groups. The information below is a general outline that guides the work of each curriculum review team.
YEARS 1: Research, Development and Evaluation
Assessments include SDAP, NWEA, DSTEP, and other standards based assessments
YEARS 2: Implementation and Evaluation of Curriculum
How do you implement a standard curriculum?
Adopted: March 13, 2006
Revised: July 12, 2011
Revised: March 12, 2013
Revised: April 11, 2017
IFD
CURRICULUM COORDINATION AND DEVELOPMENT
Curriculum coordination and development:
A. Teachers will be expected to serve on committees during the regular school year. These committees may include some of the following:
1. Horizontal committees: Teachers from a particular grade level will meet to discuss ways and means of improving the instructional program.
2. In-service workshops: These may be conducted by specialists in a particular subject area and may be in August or at other designed times.
3. Textbook adoption committees.
4. Orientation committee: This committee will assist in collecting materials and organizing procedures aiding the adjustment of new students and faculty members.
B. Selected members of the staff may be hired to work on curriculum, library or other projects during the summer if they so desire and if funds are available.
Adopted: 1976
Revised: February 10, 1997
Revised: March 13, 2006
IGBD-R-4
OUT-OF-SEASON CONTACT RULES
The Lead-Deadwood School District will adhere to all SDHSAA rules and regulations pertaining to student-athlete contact time. In addition, there will be no organized contact, including practice or competitions or open gyms or camps in the Lead-Deadwood School District the following dates:
The administration at Lead-Deadwood High School may make exceptions to the rules if circumstances warrant.
Adopted: May 10, 2016
South Dakota High School Activities Association
Regulations on Student & Coach Participation
Specific to the Regular-Season & Out-of-Season Time Periods
In-and Out-Of-Season Regulations & Participation Limitations
Allowable Activities for Coaches and Athletes Grades 9-12
ARE STUDENTS ALLOWED TO PARTICIPATE IN?
FROM |
CLINICS |
CAMPS |
NON-SDHSAA LEAGUES, GAMES or TOURNEYS |
PRACTICE |
ALL-STAR EVENTS |
CLUB TEAMS |
PRIVATE LESSONS |
Aug 1 to |
YES |
YES |
YES |
YES |
NO |
YES |
YES |
Sport Season Begins to |
YES |
NO |
NO |
YES |
NO |
NO |
YES |
Sport Season Ends to Midnight, May 28th |
YES |
YES |
YES |
YES |
SENIORS ONLY |
YES |
YES |
MAY 28TH through July 31st |
YES |
YES |
YES |
YES |
YES |
YES |
YES |
ARE COACHES ALLOWED TO PARTICIPATE IN?
FROM |
CLINICS |
CAMPS |
NON- SDHSAA LEAGUES, GAMES or TOURNEYS |
PRACTIVE |
ALL-STAR EVENTS |
CLUB TEAMS |
PRIVATE LESSONS |
Aug 1 to Sport Season Begins |
YES |
NO |
NO |
NO |
NO |
NO |
NO |
Sport Season Begins to Sport Season Ends |
YES |
NO |
NO |
YES |
NO |
NO |
YES |
Sport Season Ends to Midnight, May 28th |
YES |
NO |
NO |
NO |
NO |
LIMITED |
NO |
May 28th through July 31st |
YES |
LIMITED |
LIMITED |
YES |
YES |
YES |
YES |
Yes = UNLIMITED PARTICIPATION ALLOWED
LIMITED = LIMITED BY RULE DEFINITION AS COVERED IN NEXT SECTION
NO = NO PARTICIPATION ALLOWED
SDHSAA IN- AND OUT-OF-SEASON CHANGES FOR 2015-16 SCHOOL YEAR:
For violations of the “In- Season Team-Membership Rule,” the following penalty structure exists:
First Violation—violating athletes will be suspended for 25% of that season’s regularly scheduled varsity contests.
Second Violation—violating athletes will be suspended for the duration of that sport’s season
The 25% figure as noted in the first violation would include suspensions and forfeitures as follows:
DEFINITION OF TERMS AND RESTRICTIONS ON COACHES AND ATHLETES:
ADDITIONAL TERMS AND DEFINITIONS REGARDING IN- AND OUT-OF- SEASON ACTIVIITES
ii. Once received, the SDHSAA Executive Staff will review the event/opportunity in question and rule on whether or not participation in the event will be allowed.
i. Gymnastics coaches may coach the skills and techniques of the sport during the out-of-season period to any age/grade students as either the owner of a private gymnastics club operated separately from the school or as an employee of a privately owned gymnastics club operated separately from the school, or as an employee of a non-profit organization operated separately from the school. All other coaches cannot have contact with their athletes during the school year other than during the defined regular season. This would include private lessons and practice sessions.
ii. Coaches may plan and organize the four team competitions/outings planned for the ensuing summer while the school year is in progress. Coaches may organize and direct events, but may not coach their team or individuals during the out-of-season time period during the school year except as allowed for by this section.
IGBH
ALTERNATIVE INSTRUCTION PROGRAMS
Parents or guardians of a student of compulsory school age who wish their child to attend an alternative educational program must complete the SDCL 13-27-3 APPLICATION FOR PUBLIC SCHOOL EXEMPTION CERTIFICATE REQUEST and submit it to the Lead-Deadwood Board of Education. The parent or guardian must provide the school with a certified copy of the child’s birth certificate within thirty (30) days of the initial excuse. The request for the reasons set forth in SDCL 13-27-2 and issue a certificate to the parents or guardian. Requests are to be made and new certificates issued on an annual basis. A permanent record of all certificates or excuse shall be kept in the office of the superintendent and copies forwarded to the office of the secretary of the Department of Education at the time of issuance.
C. Re-enrollment in School
1. Elementary and Middle School Students. Students of compulsory school age who transfer into the Lead-Deadwood School District from an unaccredited school in another state or country or from an alternative instruction program under SDCL 13-27-3 will be tentatively placed at the child’s grade level program recommended by their transcript or report card. If no transcript or report card exists, the child will be placed at the grade level warranted by the child’s age; assuming entry into the first grade at age six (by the first day of September) and annual grade placement thereafter. If the parent or teacher feels the age-appropriate grade level placement is inappropriate, then achievement testing to assist in evaluating grade placement may be requested. The child’s academic achievement, physical size, maturity and social development may all be considered in evaluating grade level placement. The child’s placement may not be in a grade level higher than warranted by the child’s chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement the child may be advanced according to his demonstrated performance. All grade placements will be determined by the building principal. Any parent or guardian who is dissatisfied with the second placement of the child may appeal it to the secretary of the Department of Education.
The testing will be done at a date and time determined by the school district.
E. Graduation. A student whose previous high school enrollment has been in a non-accredited school or in alternative instruction may receive a high school diploma from the Lead-Deadwood Schools only if that student has met all graduation requirements and has been enrolled as a full-time student in the high school for the last two (2) consecutive semesters.
F. Loan of Textbooks. Under provisions of SDCL 13-34-23 the Board shall loan, without charge, textbooks to all persons age five (5) through nineteen (19) who reside within the school district or who have been excused by action of the School Board to attend an alternative educational program within the school district. The textbooks provided under this policy shall be the same textbooks adopted and approved by the School Board and used by enrolled students. Teacher manuals will not be provided.
G. Academic Instructional Classes: Alternative education students may enroll in any academic instructional classes.
H. Appeals of Decisions. Any parent, guardian, or eighteen (18) year old student dissatisfied with the placement of a student or a credit determination may appeal to the superintendent of schools. The parent or guardian, if dissatisfied with the decision of the superintendent, may appeal to the Secretary of the Department of Education.
Legal Reference: SDCL 13-27-1
SDCL 13-27-2
SDCL 13-27-3
SDCL 13-27-3.1
SDCL 13-27-3.2
SDCL 13-27-3.3
SDCL 13-27-9
SDCL 13-27-20
SDCL 13-27-39
SDCL 13-24-23
Adopted: June 10, 1991
Revised: February 10, 1997
Revised: August 10, 2004
Revised: February 14, 2006
Revised: July 14, 2009
Revised: April 11, 2017
IGD-R-1
SCHOOL ACTIVITIES
School activities are to be conducted in school facilities. The school can sponsor dances and other activities of recognized school clubs and organizations outside of school facilities through administrative approval.
Revised: February 10, 1997
Revised: April 11, 2017
IGD-R-2
CO-CURRICULAR ACTIVITIES
The Board of Education shall be the final authority in granting approval for participation in co-curricular activities. All SDHSAA rules and regulations must be met.
Co-Curricular activities which meet the following criteria shall be referred to the Board of Education for their approval of participation in that particular activity.
A. Activities In-State
B. Activities Out-of-State
Revised: February 10, 1997
Revised: April 11, 2017
IGD-R-3
EXTRA-CURRICULAR ELIGIBILITY REQUIREMENTS
High School:
To be eligible to participate in extra-curricular activities at Lead-Deadwood High School students must pass six classes the previous midterm/quarter grading period. If a student does not pass six for the midterm/quarter, he/she will sit out until the next midterm grading period. If a student passes six courses for the 2nd or 4th quarter/midterm grading period, but fails to pass at least four courses for the semester, he/she will sit out for the entire next semester.
Academically ineligible students will be allowed to practice provided reasonable progress is being made in the classroom. The Activity Director and Principal will determine reasonable progress. All activities are subject to the eligibility rule. Within activities of band, vocal music, and drama, students will be eligible to participate in local concerts and performances during their ineligibility suspension, but not for SDHSAA sanctioned events.
Middle School:
All students participating in extra-curricular activities at Lead-Deadwood Middle School are eligible the first quarter of sixth grade. In order to be eligible in subsequent quarters, a student must have passed all classes of the preceding grading period, which are quarter grades. If the student has failed one or more classes at the end of the grading period, the student may participate on a bi-weekly basis providing they are passing all current classes. It is the student’s responsibility to print a grade report from campus confirming he or she is passing all classes. The student may not participate in competition until he or she is passing all current classes. The grades must also be confirmed with a grade report from campus.
Bi-weekly teacher verification of eligibility will occur for those student participants who failed one or more classes the previous quarter. It is the coach’s, activity director’s and instructor’s responsibility to communicate with the students regarding bi-weekly eligibility. An ineligible student may continue to practice, but cannot compete, travel, or perform. The activity week will be defined from Wednesday to Wednesday. Grade checks will be completed every other Wednesday on student participants who failed one or more classes the previous quarter.
Lead-Deadwood Middle School students who participate at the high school level are required to follow high school eligibility requirements.
Approved: June 13, 2006
Revised: February 8, 2011
IGDB
ADDING NEW SPORTS/ACTIVITIES –
CLUB ACTIVITIES
The Lead-Deadwood School Board recognizes that interests of students change, and wishes to have programs flexible enough to meet those changing needs and interests, when possible. As groups of students express interest in extracurricular activities not officially supported by the District, they are encouraged to form clubs. The Board may recognize these club activities as being a part of the school’s program of education, under the following conditions:
1. The club participants and coaches/advisors will follow all rules and regulations of participation as outlined by Board policy and administrative procedures.
2. The club will have its advisors/coaches approved by the administration and accepted by the Board prior to the onset of the club activity. Absences of school staff acting as club advisors/ coaches may be approved as professional leave.
3. The club will retain responsibility for raising funds for its activities, except as approved in advance by the Board.
4. The District will retain full control of all club activities which have resolved to be representative of Lead-Deadwood School District, including the right to disband a club.
5. Details of participation, school representation, lettering, student absenteeism related to club activities, use of facilities and other issues concerning club activities will be determined by the administrative staff, in cooperation with club representatives, and will be reduced to writing at the time the application is made and finally approved.
6. Applications for club status are available through the building principal.
SPORTS/CLUB ACTIVITIES APPLICATION FORM
Name of proposed sport/club activity:
Date of application:
Proposed Coaches/Sponsors/Advisors:
Description of Sport/Club Activities:
Describe funding sources and/or needs:
To be completed by Building Administrator:
Resolved policy issues with sport/club organizers on:
Applicants agree to abide by district policies and administrative directives
Applicant Signature Date
Recommendation of building administrator
Approved: Denied: Date:
Referred to Superintendent on:
Superintendent:
Approved: Denied: Date:
Approved January 12, 2010
Revised: April 11, 2017
IGDA
SUNDAY/WEDNESDAY CO-CURRICULAR PRACTICES
Practices on Wednesday evening and on Sunday should be avoided if at all possible. The following should be the procedure when practicing on Wednesday evening and Sunday.
Adopted: September 1967
Revised: February 10, 1997
Revised: April 11, 2017
SUNDAY/WEDNESDAY CO-CURRICULAR PRACTICES
1. Wednesday Evening
High School
a. All practices should b completed and students out of the school building by 6:00 P.M. on Wednesday evenings.
Middle School
II. Sunday Practices
In addition, the ministerial association must be notified and permission from the ministerial association must be granted for said practice to occur. Contact with the ministerial association will be made by the superintendent.
Revised: February 10, 1997
Revised: April 11, 2017
IGDB
STUDENT EXPRESSION
It shall be the policy of this school district to recognize and protect the rights of student expression and to balance these rights with the interests of an orderly and efficient educational process and of a school environment suitable for the healthy growth and development of all students. This policy will not be implemented on behalf of any other interests.
The school shall assume no responsibility for the contents of any written material produced, posted, circulated or otherwise distributed or of student conduct, taken in accordance with this policy, in so far as such matter or conduct may be related to any interests other than those of an orderly and efficient educational process and proper school environments.
Adopted: November 14, 1972
Revised: February 10, 1997
IGDB-R
PARENT INVOLVEMENT PLAN
The Lead-Deadwood School District wishes to strengthen partnerships between parents/families and schools to better educate all children and to find effective ways to gain buy-in from those who can truly benefit from programming. Families contribute to all aspects of education—social-emotional, academic, as well as in school behavior and attitude. With increased awareness regarding why and how they influence their children as well as why the school cannot “do it all,” parents will be more likely to positively influence their children. As their children’s first teacher, families support healthy development, reinforce learning in school; develop values and life skills toward responsible adulthood and lifelong learning. If schools and families truly work together, students will be more likely to graduate and obtain further education or to be job-ready. Schools can assist parents in gaining skills that will assist their children in school. Research has consistently shown that School/family partnerships can increase student achievement. Students with involved parents are more likely to:
The School District must strive to continue to build the capacity of parents/families to help children succeed and to be active and engaged partners by equipping them with skills and competencies, ensuring academic achievement and student success.
The plan focuses on the following:
Build strong and meaningful relationships between schools and parents/families
Short-term actions:
Long-term actions:
Support communication between school and parents/families
Short-term actions:
Long-term actions:
Support strategies that bolster the success of each student’
Short-term actions:
Long-term activities:
Create community partnerships
Short-term actions:
Long-term activities:
Adopted: May 8, 2012
IGDF
FUND RAISING
An organization wishing to raise funds must follow these guidelines:
2. School sponsored organizations may raise funds for an outside organization or cause with prior administrative approval.
3. Individual students not connected with a particular school sponsored organization wishing to raise funds at, through, or under the auspices of the school for themselves or an outside organization or cause must seek and gain administrative approval prior to the event.
4. Fundraising at school or school events by an organization, group, agency, or individual not part of, connected with or related to the Lead-Deadwood Schools is prohibited unless other arrangements are made.
5. Students will not be let out of class to fundraise.
6. Flyers distributed or displayed for the purposes of soliciting funds must indicate who is trying to raise funds for what the money is going to be used.
7. Requests and descriptions of fundraising activities should be submitted at the beginning of the school year to reduce repetition and conflicts in scheduling. It is understood that this will not be possible in all cases.
The completed application form will be submitted to the Principal for his/her approval of rejection. In such cases where an application is rejected, the sponsoring organization may request that a delegation of its members meet with the Principal to further explain the project and to hear reasons for rejection.
Funds raised by student organizations must be deposited and/or withdrawn through an account in the name of the organization through the Lead-Deadwood High School, Middle School or Elementary Schools.
Donations will be encouraged and accepted.
Local business/community member/large companies will be allowed to sponsor activities and programs.
Adopted: March 11, 1991
Revised: March 13, 2001
Revised: December 12, 2006
Revised: April 11, 2017
IGDF-R
LEAD-DEADWOOD SCHOOL DISTRICT
FUNDRAISING APPROVAL FORM
Name of
Organization
Name of
Sponsor/Adviser
Name of Individual/Individuals (if not an
Organization)
Fundraising
Activity
Purpose of
Fundraising
Date of Activity
Facility Needs (Fill out form in Activity
Office)
Target Total to be Raised
Sponsor’s
Approval Date
Administrative
Approval YES NO DATE
Adopted: December 12, 2006
IHB
CLASS SIZE
The maximum number of students per classroom will follow these guidelines:
A. Kindergarten through 3rd Grade 18 maximum
B. Fourth through 12th Grade 25 maximum
At the elementary level, classes under twelve (12) will be combined.
In order for high school classes to be included on the class schedule, a minimum of ten (10) students must be enrolled after student registration. Some classes may be limited in size due to classroom/facility limitations.
Exception to these classroom numbers may occur upon administrative recommendation.
Adopted: April 15, 1998
Revised: May 8, 2001
IIA
INSTRUCTIONAL MATERIALS
Selection of materials will be according to policy and in the best interest of students of the Lead-Deadwood School District #40-1.
Revised: February 10, 1997
Revised: April 11, 2017
IIAA
TEXTBOOK SELECTION AND ADOPTION
In adopting textbooks for use in the school system, the Board will carefully consider the rights, freedoms and responsibilities of all students, parents and teachers.
The board’s first commitment in selecting and adopting textbooks will be the preservation of the students’ right to learn in an atmosphere of academic freedom.
Secondly, the Board will support the teachers’ right to exercise professional judgment in their work but, at the same time, the Board will require teachers to balance this right with an awareness of their responsibility to meet the educational goals and objectives of the school system.
Thirdly, the Board recognizes the rights of parents to influence the education of their children. The Board will not, however, allow the wishes of an individual parent to infringe upon the rights of the majority of the students in any class.
In order to maintain this balance of rights, responsibilities and freedoms, it will be the policy of the Board to make the textbooks available for review by parents, students and interested citizens of the community.
LEGAL REFS: SDCL 13-8-1; 13-8-29; 13-34-11
Adopted: May 1989
Revised: February 10, 1997
Revised: April 11, 2017
IIAC
LIBRARY MATERIALS SELECTION AND ADOPTION
The Board endorses the School Library Bill of Rights, as adopted by the American Library Association, which asserts that the responsibility of the school library is to:
1. Provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the students served.
2. Provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
3. Provide a background of information that will enable students to make intelligent judgments in their daily lives.
4. Provide materials on opposing sides of controversial issues so that young citizens may develop under guidance the practice of critical reading and thinking.
5. Provide materials representative of the many religious, ethnic, and cultural groups and their contributions to our American heritage.
6. Place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library.
Initial purchase suggestions for library materials may come from all personnel--teachers, coordinators, administrators. Students will also be encouraged to make suggestions. The librarian will be responsible for evaluation and recommendation of all library materials recommended to be included in the school library. Final approval and authority for distribution of funds will rest with the building principal, subject to the approval of the Superintendent and in keeping with the Board-approved budget.
Gifts of library books will be accepted in keeping with the above policy on selection. Complaints about library books will be handled in line with Board policy on complaints about instructional materials.
Adopted: April 11, 2017
IIBD
SCHOOL LIBRARIES
The Board recognizes that an effective school library media center is an important and integral part of the instructional resources of each elementary and secondary school. Consequently, the school district will provide and maintain adequate school library media centers.
Materials in school libraries will include a full range of print and audio-visual media. Library services will include instruction and help in the use of library resources. A school librarian will be employed in accordance with state regulations. The school librarian and assistants will act as teachers in the use of these resources.
The school librarian, together with the school principal and Superintendent, will develop such teaching programs and rules for library use as necessary to ensure maximum use of the library services and materials, and control of material.
The Superintendent, upon the recommendation of the school librarian, will annually request sufficient funds from the Board to maintain library services at a high level.
Adopted: April 11, 2017
IIBG
DISTRICT TECHNOLOGY ACCEPTABLE USE AGREEMENT
We are pleased to offer students and staff of the Lead-Deadwood School District access to the district computer network resources, electronic mail and the Internet. To use these resources, all students and staff must sign and return the district’s Acceptable Use Agreement form, and those under age 18 must obtain parental permission.
General Network Use
The network is provided for students and staff to conduct research, complete assignments, and communicate with others. Access to network services is given to students and staff who agree through the Lead-Deadwood School District Acceptable Use Agreement to act in a considerate and responsible manner. Students and staff are responsible for good behavior on school computer networks just as they are in a classroom or a school hallway. Access is a privilege – not a right. As such, general school rules for behavior and communications apply and users must comply with district standards and honor the agreements they have signed. Network storage areas may be treated like school lockers. Network administrators may review files and communications to maintain system integrity and insure that users are using the system responsibly. Users should not expect that files stored on district servers will always be private.
Internet / World Wide Web Access
The Lead-Deadwood School District will make every reasonable effort to give access to educationally appropriate sites. However, it may not be technologically possible to limit Internet access to only those sites that have been authorized for the purpose of instruction, and research related to the curriculum.
The district reserves the right to monitor staff and student website access and to take the necessary steps to prohibit access to certain inappropriate sites or to provide consequences for access to such sites.The district may also monitor public sites, such as MySpace.com, to ensure that information placed on those sites does not violate any school policy. The district also requires that students agree not to place anything on public sites that would have a negative impact on the school environment to include, but not limited to, cyber-bullying, slander or libel of students or staff members, or other information deemed inappropriate or illegal. The district reserves the right to provide consequences for such actions.
The Lead-Deadwood School District does not sanction any use of the Internet that is not authorized by or conducted strictly in compliance with the rules, regulations and policies of the district. Users who disregard the district’s Acceptable Use Agreement may have their privileges suspended or revoked.In some cases, where applicable, law enforcement officials may become involved in actions that violate state or federal regulations or laws. Users granted access to the Internet through the Lead-Deadwood School District assume all responsibility and liability, both civil and criminal, for their use of this service. The district makes no warranties of any kind, expressed or implied, for the Internet service that is provided. The district will not be responsible for any unauthorized financial obligations resulting from use of this service.
Students and staff have access to e-mail. All e-mails generated or received through the Lead-Deadwood School District are the property of the district. Staff members are allowed to use their school e-mail address for personal use as long as the use does not interfere with their assigned duties or violate any district policy. Students have access to e-mail, for educational purposes, through the state e-mail system and may obtain an e-mail account and address by contacting the office or building tech. The school reserves the right to monitor staff and students e-mail contents and students may be subject to disciplinary action for inappropriate use.
Internet Safety Instruction
The Board is committed to providing a safe learning environment that prepares students for a rapidly changing world. To ensure that students safely and appropriately benefit from the district’s technology resources, the district shall provide Internet safety instruction to all students. The district’s Internet safety curriculum shall include, but is not limited to:
It shall be the duty of the superintendent to ensure that Internet safety instruction is integrated into the district’s instructional program
Adopted: July 10, 2007
Revised: May 8, 2012
Revised: April 11, 2017
IIBG-R(1)
DISTRICT TECHNOLOGY ACCEPTABLE USE AGREEMENT
Parents, please read this document carefully, review its contents with your son/daughter, sign and return.
The Lead-Deadwood School District believes technology use is an essential skill for lifelong learning. The goal in providing computer and Internet access to staff and students is to promote educational excellence by facilitating resource sharing, innovation, and communication. All users are required to sign this agreement before they may access district resources, and all students must also have their parent/guardian sign the following guidelines for account privileges. By signing this agreement parents/guardians give permission for their child to access these services and agree to district policy IIBG-R(1).
The Lead-Deadwood School District will make every reasonable effort to give access to educationally appropriate resources, including Internet sites. However, it may not be technologically possible to limit Internet access to only those sites that have been authorized for the purpose of instruction and research related to curriculum.
The use of electronic networks is a privilege, not a right. General school rules for behavior and communications apply. Users are responsible for possession of any and all materials and for all actions with the use of the account. Violation of district policy through the use of technology will result in disciplinary action in accordance with district policy. When applicable, law enforcement agencies may become involved. Examples of inappropriate use include, but are not limited to:
The Lead-Deadwood School District makes no warranties of any kind, expressed or implied, for the Internet access it is providing. The District will not be responsible for any unauthorized financial obligations resulting from the use of this account.
I have read this agreement and agree to adhere to the principles and procedures detailed within.
STUDENT/STAFF DATE
I have read this agreement with my child and I agree to allow my child to access the Internet services provided by the District.
PARENT/GUARDIAN DATE
I want my child to access the Internet. Yes No
My child’s work may be published on the Internet. Yes No
My child’s photo may be published on the Internet. Yes No
Adopted: July 10, 2007
Revised: February 8, 2011
Revised: April 11, 2017
IKF
GRADUATION REQUIREMENTS
Aligned with the South Dakota Board of Education requirements as approved November 2, 2009
A student’s Personal Learning Plan must document a minimum of 22 credits that include the following:
a. Writing – 1.5 units
b. Literature – 1.5 units (must include .5 unit of American Literature)
c. Speech or Debate -- .5 unit
d. Language Arts elective -- .5 unit
2. Three units of Mathematics – must include:
a. Algebra 1 – 1 unit
b. *Algebra II – 1 unit
c. *Geometry – 1 unit
3. Three units of Lab Science – must include:
a. Biology – 1 unit
b. Any Physical Science – 1 unit
c. *Chemistry or Physics – 1 unit
4. Three units of Social Studies – must include:
a. U.S. History – 1 unit
b. U.S. Government -- .5 unit
c. World History -- 1 unit
d. Geography -- .5 unit
5. One unit of Fine Arts
6. One-half unit of Physical Education
7. One-half unit of Health
8. One-half unit of Personal Finance or Economics
9. One-half unit of Computer Science
10. One-half unit of Service Learning
11. One-half unit of approved CTE Coursework or World Language
12. Completion of Senior Experience Capstone Project
13. Completion of one-half unit of virtual/distance education coursework
14. Five (5) units of elective credit
*With school and parent/guardian approval, a student may be excused from this course in favor of a more appropriate course. A student may be excused from Algebra II or Geometry, but not both. A student is still required to take three units of Math. If a student is excused from Chemistry or Physics, the student must still take three units of Lab Science.
**PE Credit through participation in SDHSAA sanctioned activities. Up to ½ elective PE credit may be earned towards graduation requirements with completion of 2 activities in one year.
Credit earned before 9th grade may be considered if the course is approved with a credit waiver through the Department of Education and End-of-Course Exam.
Alternative course credit, credit from another public school for classes taken outside the regular school year and high school correspondence credit from an accredited institution may be accepted and allowed toward graduation upon the approval of the building administrator.
Students may take college or vocational courses for credit towards high school graduation, upon the approval of the building administrator.
Early graduation may be considered if a student has met the district’s academic requirements. A conference between the student, parent, counselor and principal will be held to determine eligibility. Students enrolled in an alternative education program may graduate upon completion of their programs, regardless of how many semesters they have completed.
Students will complete all graduation requirements before they can participate in the graduation exercise and/or receive a diploma.
Adopted: February 14, 2006
Revised: May 9, 2006
Revised: January 13, 2009
Revised: May 11, 2010
Revised: July 12, 2011
Revised: April 11, 2017
IKG
MIDDLE SCHOOL ACCELERATION
In situations where Lead-Deadwood Middle School students wish to access courses at the High School the following guidelines will apply.
B. Grading. The high school teacher will issue the student’s grade.
C. Credit. The student will earn high school credit.
D. Grade Point Average. The final grade will be entered onto the student’s official high school transcript.
E. The Department of Education has granted a waiver that allows the Lead-Deadwood School District to teach a high school Algebra I level course to eighth grade students. Eighth grade students may earn a high school credit in Algebra 1. Placement in this course will be based on student performance, faculty recommendations and parent input.
Credit for the course shall appear on the student’s high school transcript with the unit of credit and a letter grade. The unit of credit must be included in the credits required for high school graduation and the letter grade must be calculated in the high school cumulative grade point average. This course will follow curriculum standards for high school Algebra 1 and will be graded by the high school instructor.
Eighth grade Algebra 1 students will be subject to high school class withdrawal policy. Specifically, eighth grade students will have two weeks to drop the class at the beginning of each semester.
For purposes of qualifying for the Opportunity Scholarship this credit will be recognized.
Approved: April 11, 2006
Revised: April 11, 2017
ILC
VIRTUAL HIGH SCHOOL/DISTANCE EDUCATION POLICY
Students in the Lead-Deadwood School District may earn credits via distance education. The two methods which students may access coursework via distance education are:
All virtual education programs and courses must be consistent with District instructional goals and aligned with South Dakota’s academic standards, curriculum frameworks and assessments, and accredited by the South Dakota Department of Education. The administration is directed to periodically review instructional materials of virtual/online courses to ensure they meet program standards. Further, such courses must provide the opportunity for rigor, and substantial, timely interactions among staff and students.
The Lead-Deadwood School District Distance Education Program is designed to:
Credit for Virtual Coursework
High School students may earn a maximum of five (5) units of academic credit to be applied toward graduation requirements by completing virtual/online courses accredited by the South Dakota State Board of Education. Students may earn more than five (5) credits if specified in the student’s Individualized Education Plan or approved by the building administration. Students taking courses provided by the District must be enrolled in the District.
Costs for Virtual Coursework
The cost for virtual/distance education coursework to meet the minimum graduation requirements will be the expense of the District. District education courses should be identified and selected through the plan of study as outlined in the personal learning plans.
Students will be responsible for all costs related to virtual/online coursework beyond the minimum graduation requirement unless specified in the student’s Individualized Education Plan or approved by the building administration.
Student Application for Distance Education Courses
Students requesting to take additional virtual/online courses beyond the minimum graduation requirements will do the following:
Adopted: August 14, 2007
Revised: July 12, 2011
KLD
PUBLIC COMPLAINTS ABOUT THE CURRICULUM AND INSTRUCTIONAL MATERIALS
The Board reserves to itself the final responsibility for all instructional materials used and curricula taught in the district schools. The Board recognizes that without a free and vigorous exchange of ideas, learning and teaching cannot take place effectively.
The Board also recognizes that district residents have a right to express concern about the educational programs of their schools. When citizens have concerns about particular courses or instructional materials, these concerns should be stated in writing, carefully considered, and accorded the courtesy of a prompt reply by school personnel. All such replies will be based on the instructional goals of the district, upon course objectives, and upon the criteria for selection of instructional materials.
Staff members will attempt to accommodate serious religious or moral objections to particular instructional materials by providing alternate materials whenever possible. However, attempts by parents or students to control what others read and study will be subject to careful scrutiny and question by school employees and the Board.
Complaints against instructional materials will be considered a most serious matter and will be processed in a very deliberate manner. Therefore, the following procedures are to be followed, step-by-step. Complaints that reach Step 3 will be reported to the Board.
The material in question should first be discussed with the teacher or librarian who will report the results of this meeting to the principal.
If satisfaction is not reached, the complainant may continue with Step 2.
The principal will meet to discuss the material with the complainant and the teacher or librarian. The results of the meeting will be reported to the Superintendent. If satisfaction is not gained, the complainant will be requested to complete the form, "Request for Reconsideration of Instructional Materials," before proceeding to Step 3.
The Superintendent will appoint a review committee composed of the following members:
- The building principal.
- The building librarian.
- Two building teachers.
- Three adult citizens.
The committee members will be requested to read or view the material and respond to the complainants' answers to the questions on the form, "Request for Reconsideration of Instructional Materials." The recommendation of the committee will be sent to the complainant by the Superintendent. If the complainant is not satisfied, he may continue with Step 4.
The Superintendent will meet with the complainant to resolve the problem. If an impasse has developed, the matter is to be directed to the Board in Step 5.
The complainant will appear before the Board as the final step in the request for reconsideration of instructional materials.
Below is listing of Lead-Deadwood School District policies in Section J that have been approved by the Lead-Deadwood Board of Education.
ATTENDANCE
Elementary School
According to South Dakota law, parents must see that their children are in attendance each day of school. Absences can be excused for a religious holiday or observance, illness, death or serious illness of a family member.
Students are tardy after 8:15 a.m. and must notify the office before going to class. Promptness to class is a very important attribute for students to develop. A student is noted to be tardy after 8:15 a.m. until one and one-half hours have passed. At 9:45 and after, students will be counted as absent. If a student has five tardies, a letter will be sent home making parents aware of the situation. A home visit may also be made at this time. Ten tardies will require a conference with the student’s parents and more than ten tardies will constitute notification of the States Attorney.
If a student is absent, the parent or guardian should call the office @ 717-3884 before 8:45 a.m. If the office does not receive notice of a child’s absence, an attempt will be made to contact parents in order to confirm the child’s whereabouts. Other absences should be discussed with and approved by the teacher and/or principal.
In the event that a classroom teacher notifies the office of unexcused or “questionable” absences, contact will be made with the home in an effort to determine the cause of the absences. After seven such absences within a semester, a written contract from the school will be made, informing parents of the law (13-27-11). After ten such absences within a semester, the States Attorney may be notified.
High School
A student will be considered absent if they come to class more than 20 minutes late. A student is allowed (2) school days for make-up work for each excused absence that they are not in class. High School students who are absent for more than five (5) days of a block class during a school semester will not receive credit for the course work without special extenuating circumstances and the recommendation of exception from the principal.
The building Principal is granted the right to make exceptions to this minimum attendance standard in extra-ordinary cases. If a student reaches the absence limit and thus will potentially lose credit, he or she must continue the course until the end of a semester unless approved by the building administration. Students who are permitted to withdraw with no credit will be assigned to the “CABIN” for the remainder of the semester.
Students may request an appeal to the loss of credit through a committee of five teachers selected by the student and the building principal. The student is allowed (2) school days for make-up work for each excused absence. After the 4th day of absence from a class during a semester, the school will attempt to notify the student and parent. A meeting with parents may be scheduled to discuss strategies to improve attendance and how the student will make up the missed work. Failure to comply with South Dakota Codified Law 13-27-1 stating compulsory education until the age of 18 may result in referral to the district truancy officer and State’s attorney.
Middle School
A student will be considered absent if they come to class more than 20 minutes late. A student is allowed (2) school days for make-up work for each excused absence that they are not in class.
After the 5th day of absence from a class during a semester, the school will attempt to notify the student and parent. A meeting with parents may be scheduled to discuss strategies to improve attendance and how the student will make up the missed work. Middle school students who are absent for more than sixteen (16) days of class during a school year are in jeopardy of not receiving credit for the course work completed without special extenuating circumstances and the recommendation of exception from the principal. Failure to receive credit may result in a referral for retention. The building principal is granted the right to make exceptions to this minimum attendance standard in extra-ordinary cases.
Students may request an appeal to the loss of credit through a committee of five teachers selected by the students, parents and the building principal. A meeting with parents may be scheduled to discuss strategies to improve attendance and how the student will make up the missed work. Failure to comply with South Dakota Codified Law 13-27-1 stating compulsory education until the age of 18 may result in referral to the district truancy officer and State’s attorney.
Adopted: December 12, 2006
Revised: July 12, 2011
Students must receive permission at the principal’s office to leave the building at any time during the daily regular session between the opening and closing hours of the school day. This regulation does not apply to classes or groups regularly scheduled for departure under faculty supervision.
Revised: June 10, 2006
JECB
ADMISSION OF NONRESIDENT STUDENTS/
ASSIGNMENT OF RESIDENT STUDENTS
This policy is enacted to fairly allow admission and assignment of both resident and non-resident students in the Lead-Deadwood School District. For the purposes of this policy, the term “resident district” means the district in which a student has legal residence as determined by SDCL 13-28-9. The term “non-resident district” means any district in which a non-resident student seeks to enroll. The term “assigned school” means the attendance center within the district to which a resident student is assigned. The term “non-assigned school” means an attendance center within a resident student’s district to which the student has not been assigned.
The Board will accept all students from other districts wishing to enroll, provided the non-resident district’s facilities can accommodate the students without adversely affecting the quality of the education program. The determination will be based upon criteria adopted by the Board, see Section C below, and is subject to the following conditions:
Both state and federal law requires that the resident district be responsible for providing a free and appropriate public education for students in need of special education and related services. All applications for transfer of a special education student will first be considered by a placement committee, and the placement committee will include representatives of both the resident and non-resident districts. In addition to the other consideration of the 1997 Open Enrollment Act, the following additional considerations will apply.
Discrimination based upon race, gender, religious affiliation or disability is prohibited. All members of the same family residing in the same household will be treated the same and the application of a sibling of a student currently open enrolled in a school district has priority over all other open enrollment applications received by the district.
LEGAL REFS: SDCL 13-13-10.1; 13-15-8.1; 13-15-9; 13-15-11; 13-15-21;
13-15-21.1; 13-15-23; 13-15-24; 13-28-9; 13-28-10; 13-28-10.1;
13-28-11; 13-28-19; 13-28-19.1; 13-28-21; 13-28-22; 13-28-23;
13-28-30; 13-28-34; 13-28-40; through 13-28-47; 13-32-4.3;
13-37-35; 13-46 Repealed July 1, 1998; 13-28-28; 13-28-22;
13-23-23; 13-28-38
CROSS REFS: IGBA, Programs for Handicapped Students
LB, Relations with Other Schools and School Districts
Approved: September 9, 1997
Revised: August 12, 2014
JECBA
ADMISSION OF EXCHANGE AND FOREIGN STUDENTS
Foreign students must meet all district entrance requirements i.e., age, place of residence, immunizations. The District does not provide any financial contribution to the students. The student is responsible for all other fees. The Board assumes no responsibility or control over items such as travel, living accommodations, funding, insurance, etc., which remain the responsibility of the sponsor and/or student. Students who are citizens of a foreign country will be considered residents if they meet one of the following requirements:
1. The student resides with his/her parent(s) or legal guardian.
2. The student is a participant in a foreign exchange program approved by the school board.
3. The student is accepted as a resident under SDCL 13-28-01.
4. The student is in the Untied States with appropriate documentation (Form 1-20) from the United States Department of Justice, Immigration and Naturalization Services.
Lead-Deadwood High School may accept up to four foreign exchange students per year. The Board reserves the right to withdraw approval and to regulate the number of students participating.
1. Students must be between the ages of 14 and 18 years. Their 14th birthday must fall prior to September 1 of the year they are to attend Lead-Deadwood High School.
2. Approved programs must have a local coordinator who resides within the district and does not receive compensation for student placement. Approved programs must be approved by the Council on Standards for International Education Travel.
3. The local coordinator for the approved programs must contact the high school principal by June 1 with the number of students that will be sponsored. The names of the students and the names of the host families must also be provided at that time. Acceptance of students after June 1 will be on a first-come basis.
4. The exchange students will be evaluated by the teachers on the regular grading schedule, unless the teacher and the administration opt to initiate a pass/fail system.
5. Exchange students must meet a required proficiency level in English.
Adopted: April 11, 2006
JECC-R
ASSIGNMENT OF STUDENTS TO SCHOOL
The Board has the legal authority to determine which school a child will attend. Generally, students will be required to attend school in the attendance area in which they reside, unless special permission has been granted by the superintendent or designee.
The Board, with benefit of administration recommendations, will determine attendance boundaries and/or class size adjustments that assure maintaining equivalent class size within the district and each class within a grade level.
ELEMENTARY CLASS SIZE ADJUSTMENT
It is understood that appropriate class size is subject to many variables. The building principal will recommend appropriate measures for each boundary and class size adjustment situation. It is recommended that adjustment volunteers be considered for re-assignment first, then new enrollers and/or bus students should be considered for re-assignment.
EXISTING TEACHER ASSISTANT TIME
Existing teacher assistant time will be focused upon classes experiencing larger class size as described above. Additional teacher assistant time may be obtained, when necessary, with Board of Education approval.
PERSONAL TRANSFER REQUSTS TO DIFFERENT ATTENDANCE CENTERS
A request for transfer of an elementary school child to a different attendance center may be considered for approval where class size permits additional enrollment. Personal transfer requests may be considered by the principals as soon as accurate enrollment information is known but should not exceed two weeks from the time school starts.
Due consideration, however, will be given to those students who have been recommended for placement outside the home school attendance area by appropriate school district personnel, community mental health agencies, physicians, or when necessitated, by the location of specific programs to accommodate students who qualify under P.S. 94-142.
Adopted: February 11, 1986
Approved: February 10, 1997
JECC-R
ADDITIONAL PARAPROFESSIONAL CRITERION
Teachers who request paraprofessionals shall be required to present a written statement of need to the building principal at the beginning of the school year, but no later than the last day of September. Requests after this date shall not be considered except under extraordinary circumstances.
The statement of need shall specify the type of duties the paraprofessional will perform—clerical, paraprofessional or tutorial—and shall list the expected benefits to students.
The building principal shall make no commitment to the teacher making the request, but shall refer it to the superintendent, who shall review it with the administrative staff.
The following factors shall be considered:
a. Class size
b. Diversity of grade levels
c. Diversity of student capabilities
d. Age and maturity of students
e. Safety
f. Availability of parental or other volunteer help
g. Alternatives
h. Budget... emphasis upon primary grades if budget restraints
i. Other pertinent information to include suggested teacher, paraprofessionals, student ratio guidelines.
The order of factors does not indicate priority.
The group reviewing the request shall present its recommendation to the Board. The Board shall direct the superintendent to present the decision in writing to the teacher making the request.
The need for paraprofessionals for Special Services shall be considered separately as circumstances arise.
Adopted: December 1984
Revised: February 10, 1997
Revised: March 10, 2009
JECE
CHECKING OUT OR WITHDRAWING FROM SCHOOL
All students checking out or withdrawing from school for any reason will check out with the principal or assistant principal.
Revised: February 10, 1997
JECE-R
CHECK-OUT SLIP
Before a student will be formally checked out of school, he/she will circulate a check-out slip to all of his/her teachers who will give him/her a grade. He/She will check out his/her book at the same time.
Revised: February 10. 1997
JFAC
ANTI-HARASSMENT POLICY
The Lead-Deadwood School District is committed to providing a learning and working environment free of unlawful harassment based on an individual’s race, color, religion, creed, ancestry, gender, sexual orientation, national origin, disability, age, or other basis prohibited by law. Any behavior that creates or contributes to an intimidating, hostile, or offensive environment is absolutely prohibited and will result in disciplinary action.
It shall be a violation of this policy for any student or any school personnel of the School District to harass a student, any school personnel, or any visitor through conduct or communication of a sexual nature or communication disparaging a person’s race, color, religion, creed, ancestry, national origin, gender, sexual orientation, disability, or age. For the purpose of this policy, “school personnel” includes School Board members, all school employees and agents, volunteers, contractors, or persons subject to the supervision and control of the School District. This policy applies on all School District property and to all School District sponsored, approved, or related activities at any location.
The School District will act to investigate all complaints of harassment and will discipline or take appropriate action against any student or other school personnel who is found to have violated this policy.
At the beginning of every school year building principals shall review this policy and its regulation with the school personnel and students in his/her building in a manner deemed appropriate for the age of the students within the building.
Legal References:
Title VII of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972
South Dakota Executive Order 81-08
Harassment Defined
Harassment consists of unwelcome conduct, whether verbal, physical, or visual. Harassment includes conduct that denigrates or shows hostility or aversion toward an individual because of his or her protected status or that of his or her relatives, friends, or associates and has the purpose of effecting or creating an intimidating, hostile, or offensive working or educational environment, or has the purpose or effect of substantially or unreasonably interfering with a student’s educational performance which deprives the student access to educational opportunities. The District believes that every student has the right to a learning environment free from all harassment.
Sexual Harassment Defined
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment or learning environment. Sexual Harassment is of two types: They are:
Sexual harassment is any unwelcome sexual advance(s), request(s) for sexual favors, and/or other verbal, physical and/or visual contact(s) of a sexual nature, or communication of a sexual nature when:
Sexual harassment may include, but is not limited to, the following conduct when such conduct is severe, pervasive, and objectively offensive:
Reporting Incidents of Harassment
Any student or school personnel who believe he or she has been the victim of harassment as defined above by a student or by school personnel of the School District shall report the alleged acts immediately to the building principal or the Title IX Officer (Superintendent). The report shall be on a form available from the principal of each building or the Title IX Officer (Superintendent). Whenever a complaint or problem is offered directly to the Board of Education as a whole or an individual Board member, the individual will be advised to take the issue to the Superintendent. All reported incidents will be investigated. Confidentiality consistent with due process will be maintained.
1. Designated Personnel. The building principal is the person designated by the School District for receiving written reports of harassment at each school building. Upon receipt of a written report of harassment, the principal shall immediately notify and forward the written report form to the Title IX Officer. Failure to forward any harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building principal, the complaint shall be filed directly with the Title IX Officer.
2. District wide. The School Board hereby designates the Superintendent as the School District’s Title IX Officer to receive reports or complaints of harassment from any individual, employee, or victim of harassment and also from the building principal.
3. Submission of a complaint or report of harassment. Submission of a complaint or report of harassment will not affect the student’s educational or work assignment of the school personnel’s employment.
4. Confidentiality. The School District will make attempts to respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible consistent with the School District’s legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
5. Procedure. The complainant will be asked to put the facts surrounding the conduct in writing on a form provided by the School District that includes the following: Complainant’s name and address; date of the incident; type of harassment; description of the incident; name of any witnesses; what action, if any, has been taken, and signature of the complainant.
6. Required Reporting. If the accusations include possible criminal activity such as molestation, sexual battery, or similar contact, the Title IX Officer shall comply with all mandatory state reporting requirements including, but not limited to, contact with the State Department of Social Services.
Investigation
Upon receipt of a written report alleging harassment, the Title IX Officer shall immediately authorize an investigation. This investigation may be conducted by School District officials or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Superintendent/Title IX Officer.
In determining whether alleged conduct constitutes harassment, the School District should consider the surrounding circumstances, the nature of the advances, relationships between the parties involved, and the context in which the alleged incidents occurred.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigating party.
In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students, and school personnel pending completion of an investigation of alleged harassment.
During the investigation all parties directly involved in the complaint may have legal or other representation. If any party elects to be represented at any step of the complaint procedure, the name of the representative must be declared in writing to the Title IX Officer.
School District Action
1. Upon receipt of the recommendation that the allegations of the complaint constitute a violation of School District policy, the School District will take such action as appropriate based upon the results of the investigation.
2. The results of the investigation of each complaint will be reported in writing and kept on file with the Title IX Officer. The report shall include findings of fact and will document the disciplinary action taken, if any, as a result of the complaint.
3. The complainant will be advised of the District decision in writing on a form supplied by the School District.
4. If either party is not satisfied with the written decision rendered by the School District he or she may appeal the decision in writing to the School Board within (10) working days following receipt of the decision. The appeal must include a written statement as to the reason for appeal.
5. The School Board will review the material submitted, investigate the circumstances, and respond in writing within fourteen (14) working days of the appeal with a determination to uphold, modify, or reverse the District decision. At the School Board’s discretion, an additional investigation may be conducted, including interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The appeal may also include any other methods or documents deemed pertinent by the School Board.
6. The School Board will render a decision in writing within fourteen (14) working days of the hearing.
Prohibition against Retaliation
The School District strictly prohibits and will discipline any individual who retaliates against any person who reports alleged harassment or who retaliates against any person who testifies, assists, or participates in any investigation, proceeding, or hearing related to a harassment complaint.
During the investigation all parties directly involved in the complaint may have legal or other representation. If any party elects to be represented at any step of the complaint procedure, the name of the representative must be declared in writing to the Title IX Officer.
Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Retaliation is itself a violation of federal and state laws prohibiting discrimination and may lead to separate disciplinary action against an individual.
If any student or school personnel who has filed a complaint or has testified, assisted or participated in the investigation of harassment believes that he or she has been retaliated against because of his or her participation, he or she should follow the procedures set forth above.
False Charges
Charges found to have been intentionally dishonest or made maliciously without regard for truth may subject complainants to disciplinary action.
Uncomfortable Situations
Whether a particular action or incident is a personal, social relationship without a discriminatory employment or educational effect requires a determination based on all the facts and surrounding circumstances. False accusations can have a serious detrimental effect on innocent parties.
Discipline
Any School District action taken pursuant to this policy will be consistent with requirements of applicable School District policies. The School District will take such disciplinary action it deems necessary and appropriate, including but not limited to, warning, suspension, or immediate discharge to end harassment and prevent its recurrence.
Adopted: August 14, 2007
HARASSMENT GRIEVANCE FORM
(To be used by designated contact person)
Name of Complainant
Address of Complainant
Date of Complaint
Date and Place of Incident(s)
Type of Harassment
Description of the Incident(s)
Witnesses
What action, if any, has been taken
Other Comments or Information
I agree that all the information on this form is accurate and true to the best of my knowledge.
Signature (optional) Date
JFC
ASSAULT ON A SCHOOL EMPLOYEE
A student shall not intentionally cause or attempt to cause physical injury or intentionally behave in such a way as could reasonably cause physical injury to a school employee.
1. on the school grounds during and immediately before or immediately after school hours;
2. on the school grounds at any other time when the school is being used by a school group, or
3. off the school grounds at a school activity, function, or event.
Neither self-defense or action undertaken on the reasonable belief that is necessary to protect some other person is to be considered an intentional act under this rule.
Revised: February 10, 1997
JFCA
PHYSICAL ABUSE OF A STUDENT OR OTHER PERSON NOT
EMPLOYED BY THE SCHOOL
A student shall not intentionally do serious bodily injury to any person
1. on the school grounds during and immediately before or after school hours or,
2. on the school grounds at any other time when the school is being used by a school group, or
3. off the school grounds at a school activity, function, or event.
Neither self-defense or action undertaken on the reasonable belief that it was unnecessary to protect some other person is to be considered an intentional act under this rule.
Revised: February 10, 1997
JFCB
OFF-CAMPUS MISCONDUCT
1. Application of disciplinary code to off-campus misconduct.
The Student Disciplinary Code and all penalties shall apply to aggressive or violent conduct off school grounds that disrupts school or that affects a health or safety factor of the school or its programs.
2. Examples of off-campus misconduct subject to discipline.
Examples of such conduct include, but are not limited to: Illegal activity involving violence or aggression, threats of violence or aggression to persons or property, fighting, hazing, using technology to harass and/or intimidate, or other violent or aggressive offenses against persons or property.
3. Full range of disciplinary penalties.
Students may be subject to the full range of disciplinary penalties for off-campus misconduct, including, but not limited to: suspension, expulsion, detention, Saturday School, as well as removal from participation in extracurricular activities such as interscholastic sports teams, club sports, student government positions, class trips, class proms, and graduation ceremonies.
4. Confirmation
Confirmation of off-campus misconduct by the school administration can occur through the following methods:
Legal reference: SDCL 13e-32-1
Adopted: March 13, 2007
Revised: May 8, 2007
JFCD
SCHOOL THREAT ASSESSMENT RESPONSE
MISSION STATEMENT: The purpose behind this protocol is to provide for a mechanism to assure that threats of violence in a school environment are addressed, whenever possible, before they occur. The protocol is designed specifically for those violence issues that affect schools and the students who attend those schools. It is intended to identify credible threats of violence and address those threats and the individual making the threat before the threat is carried out.
EDUCATION: On an ongoing basis, the School District will attempt to educate the community, parents, teachers, staff and students concerning the serious nature of threatening behavior at school and toward the school or its students and staff. Such behavior is unacceptable and will not be tolerated. Students who may be deemed “at-risk” (i.e., anger control problems but prior to actual threats) may be referred for counseling.
PROCEDURE: The following procedure regarding actual threats is separated into several sections in order to reflect those instances where a threatened act of violence may be received by specific individuals.
I. Any Lead-Deadwood Area School student, parent or guardian upon receiving information that a person is threatening to commit an act of violence, should:
A. Assume the threat is serious;
B. Immediately report the threat to a parent or guardian, school staff member, school administrator or law enforcement officer;
C. Be available and cooperative in providing a written statement of the threat and any other pertinent information, with the understanding that the information source (the student) will remain anonymous to the greatest extent possible.
II. Any Lead-Deadwood Area School staff member, upon receiving information that a person is threatening to commit an act of violence, shall:
A. Assume the threat is serious;
B. Immediately report the threat to the school administrator or their designee
C. Be available and cooperative in providing a written statement of the threat and any other pertinent information with the understanding that the information source (the staff member) will remain anonymous to the greatest extent possible.
III. Any Lead-Deadwood Area School administrator, upon receiving information that a person is threatening to commit an act of violence, shall:
A. Assume the threat is serious;
B. Cause the student making the threat, if said student is on campus, to be immediately removed from the classroom and segregated into a secured area pending further investigation;
C. Immediately notify the SRO and provide the team member with complete information regarding the threat received;
D. Secure a written statement from the school staff member, regarding the information received.
IV. The SRO, upon being notified that a threat to commit an act of violence has occurred, shall:
A. Assume the threat is serious;
B. Immediately conduct an assessment interview of the subject making the threat. This assessment interview will include the SRO and the administrator or his/her designee. The primary purpose of the interview is to engage in an assessment of the available information in an attempt to determine the veracity of the threat, in order to decide what level of follow-up action is needed and appropriate.
V. Once the assessment is complete, the SRO and administrator shall consider options for follow-up action. If it is agreed that the threat is credible, the following actions may be taken.
A. The SRO will contact local law enforcement to take whatever is necessary including referral to the Lawrence County States Attorney and the South Dakota Department of Social Services;
B. The subject’s parent(s) or guardian will be contacted for input and assistance, including the potential voluntary committal of the subject making the threat.
C. The school administrator will impose school sanctions;
D. The student will be referred for treatment/counseling to provide support. In some cases, the student may be required to complete treatment/counseling before returning to school;
VI. If it is agreed that the threat is not credible, or does not require application of the options listed in Section VI, the school administrator shall assume responsibility to institute any further action deemed necessary.
Adopted: January 13, 2009
JFCE
FIRE ALARMS
Any student who willfully or knowingly gives or aids or assists in giving any false alarm of fire by any means, shall be subject to long-term suspension or expulsion.
Adopted: December 1974
Revised: February 10, 1997
JFCF
HAZING
The purpose of this policy is to maintain a safe learning environment for students and staff that are free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school district and are prohibited at all times.
General Statement of Policy:
Definitions:
Adopted: October 11, 2005
JFCG
TOBACCO FREE SCHOOLS
It is the policy of the Lead-Deadwood School District to provide a healthy, clean environment for all students and staff. Therefore, effective July l1, 1993 and January 14, 1997, all school district buildings and vehicles will be tobacco free.
1. As educators we have influence on children outside the formal curriculum. A tobacco free school can provide a good model to the students.
2. Evidence suggests that tobacco free rules at school influence the effectiveness of tobacco prevention programs. Tobacco education programs implemented in schools that prohibit tobacco use appear to be more effective than an identical program implemented in schools with less restrictive policies.
Adopted: July 11, 1993
Revised: February 10, 1997
JFCJ
POSSESSION OR USE OF WEAPONS ON SCHOOL PROPERTY
The Board of Education recognizes that the presence of weapons in school not only creates unacceptable risks of injury or death, but also creates a climate that undermines the educational purposes of schools. Accordingly it is the policy of the Board to forbid the possession, custody, and use of weapons by students and other unauthorized persons on school premises or school-sponsored transportation or to any school function at any time of the day or year.
This policy is enacted to implement the requirements of the federal Gun Free Schools Act of 1994, 33 U.S.C. § 3351 (a) (1) and the provisions of SDCL 13-32-7 prohibiting the possession of firearms and air guns on or around any school property. It is, therefore, the intention of the Board that this policy is to be interpreted to conform to provisions of those referenced laws.
a. Weapon: For purposes of this policy, a “weapon” is any firearm, air gun, knife, explosive, or other object, even if manufactured for a nonviolent purpose, that has a potentially violent use, or any “look-a-like” object that resembles an object that has a potentially violent use, if, under the surrounding circumstances, the purpose of keeping or carrying the object is for use, or threat of use, as a weapon. This definition does not apply to normal school supplies such as pencils or compasses.
b. Firearm: For purposes of this policy, and for purposes of compliance with the federal Gun Free Schools Act, a “firearm” is defined as any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C. 921.
No person, including students, shall bring a weapon onto any school premises and no student shall carry or keep any weapon while attending or participating in any school activity, including during transportation to or from such activity or otherwise use or possess a weapon brought there by another. This ban does not apply to starting guns while in use at athletic events; firearms or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms; or to the ceremonial presence of unloaded weapons at color guard ceremonies.
a. Any student found to be in violation of this policy due to possession of any weapon shall be subject to discipline including short-term suspension up to ten (10) school days, long-term suspension up to ninety (90) school days, or expulsion.
b. However, any student who is found to be in violation of this policy due to the intentional possession of a firearm, air gun, or other destructive device, as defined in this policy, shall be expelled from school for a period of not less than one calendar year, provided that the Board of Education may modify such disciplinary measure in their discretion.
c. In addition to administrative and school board disciplinary action, any student who has brought a firearm, air gun, or other destructive device onto school premises or to any school activity or onto any vehicle used to transport to or from any such activity, shall be reported to local law enforcement authorities.
a. In accordance with the provisions of 20 U.S.C § 141e(3)(B) of the IDEA, a child with a disability who is determined to have brought a weapon to a school under the jurisdiction of the school district may be placed in an interim alternative educational setting as specified by the IEP team.
b. If the parent or guardian requests a due process hearing, the child shall remain in the alternative educational setting during the pendency of such proceedings, unless the parents and school officials agree otherwise.
Guidance Concerning State and Local Responsibilities Under the Gun-Free Schools Act
I. Introduction
This guidance provides information concerning State and local responsibilities under the Gun-Free School Act (GFSA), which was reauthorized by the No Child Left Behind (NCLB) Act of 2001 (Public Law 107-110), as Section 4141 of the Elementary and Secondary Education Act of 1965 (ESEA). This guidance addresses changes made as a result of the NCLB reauthorization.
II. Background
As originally enacted on March 31, 1994, as part of the Goals 2000: Educate America Act (Public Law 103-227), and reauthorized on October 20, 1994, as part of the Improving America’s Schools Act of 1994 (Public Law 103-382), the GFSA required each State receiving ESEA funds to have in effect a State law requiring local educational agencies (LEAs) to expel from school for a period of not less than one year a student who was determined to have brought a weapon to school. The GFSA also required that a State’s law allow the chief administering officer of the LEA in question to modify the expulsion requirement on a case-by-case basis. The U.S. Department of Education (Department) provided nonregulatory guidance on previous GFSA provisions to Governors and Chief State School Officers on August 1, 1994; January 20, 1995; November 3, 1995; and October 2, 2000.
III. Summary of the New Law
A. What stayed the same?
LEAs are still required to have an expulsion policy consistent with the required State law to be eligible to receive ESEA funds. LEAs must have a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm to a school under the control and supervision of an LEA. In accordance with the GFSA, no ESEA funds may be made available to an LEA unless that LEA has the required referral policy.
The GFSA still must be construed in a manner consistent with the Individuals with Disabilities Education Act (IDEA). By using the case-by-case exception, LEAs will be able to discipline students with disabilities in accordance with the requirements of Part B of the IDEA and Section 504 of the Rehabilitation Act (Section 504) and maintain eligibility for Federal financial assistance. The Department has issued separate, more detailed guidance on discipline of students with disabilities, which includes clarification on the implementation of the GFSA consistent with IDEA and Section 504. More information can be found at www.ed.gov/offices/OSERS/Policy/IDEA/Discipline_qa.doc
B. What changed?
Under the NCLB, certain statutory provisions were clarified to ensure that States and LEAs comply fully with the intent of the GFSA. Clarifications to the GFSA include:
(1) That the existing one-year expulsion requirement in each State’s law include students who are determined to have possessed a firearm at school;
(2) A requirement that the chief administering officer of the LEA develop a written record of any case-by-case modifications of the one-year expulsion requirement;
(3) That the GFSA does not apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if is for activities approved and authorized by the local educational agency (LEA), so long as the LEA adopts appropriate safeguards to ensure student safety.
Although States are not required to revise their State laws as a result of these clarifications, a State or LEA may consider implementing or revising its policies to address the revised GFSA requirements.
The Department has prepared the following questions and answers to assist States, State educational agencies (SEAs), and LEAs in implementing the GFSA requirements. Please note that most of the questions and answers have been revised as a result of the reauthorized GFSA.
IV. Questions and Answers
Q1. What entities do the provisions of the GFSA affect?
A1. Each State, as well as its SEA and LEAs, has responsibilities under the GFSA.
Q2. Are private schools subject to the requirements of the GFSA?
A2. Private schools are not subject to the provisions of the GFSA, but private school students who participate in LEA programs or activities are subject to the one-year expulsion requirement to the extent that such students are under the supervision and control of the LEA as part of their participation in the LEA’s programs. For example, a private school student who participates in a Federal program, such as Title I, is subject to a one-year expulsion, from participating in any Federal program funded under the ESEA, not a one-year expulsion from the private school. Of course, nothing prohibits a private school from imposing a similar expulsion from the private school on a student who brings a weapon to school or possesses a weapon at school.
Q3. Is compliance with the requirements of the GFSA a condition for the receipt of Federal financial assistance under the ESEA?
A3. Yes, compliance with the requirements of the GFSA is a condition for the receipt of funds made available to the State under the ESEA (and also under Title VII of the McKinney-Vento Homeless Assistance Act).
Q4. Will failure to comply with the requirements of the GFSA result in the termination or withholding of funds made available to the State under ESEA?
A4. Under the provisions of the General Education Provisions Act, failure to comply with the requirements of the GFSA could result in the withholding of funds made available to the State under the ESEA (and under Title VII of the McKinney-Vento Homeless Assistance Act).
Q5. Does the GFSA’s one-year expulsion requirement preclude any due process proceedings?
A5. No. Students facing expulsion from school are entitled under the U.S. Constitution and most State constitutions to the due process protection of notice and an opportunity to be heard. If, after due process has been accorded, a student is found to have brought a firearm to school, or to have possessed a firearm at school, the GFSA requires an expulsion for a period of not less than one year (subject to the case-by-case exception discussed below).
Q6. What does the GFSA require of States?
A6. The GFSA requires that each State receiving Federal funds under the ESEA: (1) have in effect a State law requiring LEAs to expel from school for a period of not less than one year a student who is determined to have brought a firearm to school, or to have possessed a firearm at school; (2) have in effect a State law allowing an LEA’s chief administering officer to modify the expulsion requirement on a case-by-case basis, if such modification is in writing; and (3) report to the Secretary on an annual basis concerning information submitted by LEAs to the SEA. SEAs must also ensure that no ESEA funds are made available to an LEA that does not have a referral policy consistent with Section 4141(h) of the GFSA. Details on these requirements follow.
One-Year Expulsion Requirement
Each State’s law must require LEAs to comply with a one-year expulsion requirement; that is, subject to the exception discussed below, any student who brings a firearm to school, or possesses a firearm at school, must be expelled for not less than one year.
Case-By-Case Exception
Each State’s law must allow the chief administering officer of an LEA to modify the one-year expulsion requirement on a case-by-case basis, but only if the modification is in writing. For children with disabilities, the provisions of IDEA apply. The GFSA must be construed in a manner consistent with IDEA.
Annual Reporting
Each State must report annually on LEA compliance with the one-year expulsion requirement, and on the circumstances surrounding any expulsions imposed under the State law, including the number of students expelled in each LEA and the types of firearms involved.
Q7. What does the GFSA require of LEAs?
A7. The GFSA requires that LEAs (1) comply with the State law requiring the one-year expulsion; (2) provide an assurance of compliance to the SEA; (3) provide descriptive information to the SEA concerning the circumstances surrounding any LEAs’ expulsions; and (4) adopt a referral policy for students who bring a firearm to school or possess a firearm at school. Details follow.
One-Year Expulsion Requirement
LEAs must comply with the State law requiring a one-year expulsion; that is, subject to the case-by-case exception, and for children with disabilities, the requirements of IDEA, any student who brings a firearm to school, or possesses a firearm at school, must be expelled for not less than one year. A case-by-case exception must be in writing and may include children with disabilities in order to meet the requirements of IDEA.
LEA Assurance
An LEA must include in its application to the SEA for ESEA assistance an assurance that the LEA is in compliance with the State law requiring the one-year expulsion.
Descriptive Report to SEA
An LEA must include in its application for ESEA assistance a description of the circumstances surrounding expulsions imposed under the one-year expulsion requirement, including:
(A) the name of the school concerned;
(B) the number of students expelled from the school; and
(C) the type of firearms concerned.
Referral Policy
LEAs must also implement a policy requiring referral to the criminal justice of juvenile delinquency system of any student who brings a firearm to school or possesses a firearm at school.
Q8. In annual compliance reports, must LEAs and SEAs include information about an infraction under the GFSA even if the case-by-case modification provisions are used and no penalty is imposed?
A8. Information about any incidents covered by the GFSA must be included in annual reports furnished by LEAs and SEAs. Each incident in which a student is found to have brought a firearm (meeting the definition at 18 U.S.C. 921) to school, or to have possessed a firearm at school, must be reported as an infraction, even if the chief administering officer elects to shorten the expulsion or impose no penalty. Any incidents in which a student covered by the provisions of the IDEA brings a firearm to school must also be included, even if it is determined that the incident is a manifestation of the student’s disability and that the GFSA penalties should be modified or not imposed. Modifications of the one-year expulsion requirement must also be reported.
Q9. When must an LEA submit the required assurance?
A9. In its application to the SEA for ESEA funds, the LEA must include an assurance that the LEA is in compliance with the State law. The assurance must be included each time the LEA files such an application.
Q10. What is the role of the SEA in determining whether an LEA is in compliance with the GSFA?
A10. The GFSA requires States to report to the Secretary on an annual basis concerning LEA compliance. Therefore, before awarding any ESEA funds to an LEA, the SEA must ensure that the LEA has: (1) implemented a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm to school; and (2) included in its application for ESEA funds the assurance and other information required by the GSFA. SEAs must ensure that the LEA application contains:
(1) an assurance that the LEA is in compliance with the State law requiring the one-year expulsion; and
(2) a description of the circumstances surrounding expulsions imposed under the one-year expulsion requirement, including:
(A) the name of the school concerned
(B) the number of students expelled from the school; and
(C) the type of firearms concerned.
Q11. Who is an LEA’s “chief administering officer”?
A11. The GFSA allows only the LEA’s chief administering officer to modify the one-year expulsion requirement on a case-by-case basis. However, the term “chief administering officer” is not defined by the GFSA. Each LEA should determine, using its own legal framework, which officer or authority (e.g. Superintendent, Board, etc.) is the chief administering officer under the GFSA and has the power to modify the expulsion requirement.
Q12. May any individual or entity other than the LEA’s “chief administering officer” modify the one-year expulsion requirement on a case-by-case basis?
A12. No. While, the chief administering officer may allow another individual or entity to carry out preliminary information-gathering functions and prepare a recommendation for the chief administering officer, the chief administering officer retains the responsibility for the final decision.
Q13. What procedural requirements must the LEA’s chief administering officer follow in modifying the one-year expulsion requirement?
A13. Modifications of the one-year expulsion requirement must be issued in writing by the chief administering officer.
Q14. Is it permissible for an LEA to use the case-by-case exception to avoid compliance with the one-year expulsion requirement?
A14. No, this exception may not be used to avoid over-all compliance with the one-year expulsion requirement.
Q15. How is the term “firearm” defined?
A15. For the purposes of the GFSA, the term “firearm” is defined in Section 921(a) of Title 18 of the United States Code.
According to Section 921(a), the following are included within the definition:
--any weapon (including a starter gun) that will be, or is designed to or may readily be, converted to expel a projectile by the action of an explosive
--the frame or receiver of any weapon described above
--any firearm muffler or firearm silencer
--any destructive device, which includes:
(a) any explosive, incendiary, or poison gas, including a
(1) bomb,
(2) grenade,
(3) rocket having a propellant charge of more than four ounces,
(4) missile having an explosive or incendiary charge of more than one-quarter ounce,
(5) mine, or
(6) similar device
(b) any weapon that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter
(c) any combination or parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled.
According to Section 921, antique firearms are not included in the definition. In addition, we have been advised by the Bureau of Alcohol, Tobacco, and Firearms that Class-C common fireworks are not included in the definition of firearm. For additional information about whether a particular weapon is a “firearm” under this definition, contact the Safe and Drug-Free Schools Program at (202) 260-3954 for a referral to the nearest Bureau of Alcohol, Tobacco and Firearms field office.
Q16. Does the GFSA preclude classes such as hunting safety or military education, or activities such as before- or after-school hunting, or rifle clubs, that may involve the handling or use of weapons?
A16. No. The statute specifically states that the requirements of the GFSA do not apply to a firearm lawfully stored inside a locked vehicle on school property, or to activities approved and authorized by an LEA, provided that the LEA has adopted appropriate safeguards to ensure student safety.
The Secretary interprets the GFSA not to forbid school districts from allowing firearms at school when students intend to use firearms solely for before- or after-school hunting purposes, provided the school district’s determination to permit firearms is made and disseminated in advance, as part of LEA policy, and is consistent with the intent and purposes of the GFSA to prevent violence and create an environment conducive to learning. For example, if a local school district approves an extra-curricular program such as a rifle club, or allows students to bring firearms solely for before- or after-school hunting, the activities would not violate the GFSA if the school district:
--determines that the activity is consistent with the intent and purposes of the GFSA;
--provides notice as part of its GFSA policy that the activities are approved and authorized; and
--adopts appropriate safeguards to ensure student safety.
If any firearms are to be allowed for these limited purposes, local school districts are cautioned to consider all applicable local, State, and Federal laws pertaining to the possession of firearms. In particular, school districts should be aware that Federal and some State laws prohibiting juveniles from possessing handguns may be applicable. School districts that permit students to bring firearms to school for these limited purposes must adopt appropriate safeguards to ensure student safety, consistent with the purposes of GFSA.
Q17. Are knives considered firearms under the GFSA?
A17. No, for the purposes of the GFSA, the definition of firearm does not include knives.
Q18. What is meant by the term “expulsion”?
A18. The term “expulsion” is not defined by the GFSA; however, at a minimum, expulsion means removal from the student’s regular educational program.
Expulsion does not mean merely moving a student from a regular program in one school to a regular program in another school. Care should be taken by local officials to ensure that a student who is determined to have brought a firearm to school, or to have possessed a firearm at school, is effectively removed from that setting.
Q19. Is a State, SEA, or LEA required to provide alternative educational services to students who have been expelled for bringing a firearm to school?
A19. The GFSA neither requires nor prohibits the provision of alternative educational services to students who have been expelled. Other Federal, State, or local laws may, however, require that students receive alternative educational services in certain circumstances.
Q20. What is an ‘alternative setting” for the provision of educational services to an expelled student?
A20. An alternative setting is one that is clearly distinguishable from the student’s regular school placement. Alternative settings are typically established for students who have been removed from the regular school program.
Q21. Is Federal funding available to provide educational services in alternate settings?
A21. Yes, formula grants awarded under the Safe and Drug-Free Schools and Communities Act (SDFSCA) may be used for alternative educational services. However, SDFSCA funds may be used only to supplement, and not supplant, existing funds that support such activities. In addition, other Federal funds may be available for alternative educational services, consistent with each program’s statutory and regulatory requirements.
Q22. Do the requirements of the GFSA conflict with requirements that apply to students with disabilities?
A22. No. Compliance with the GFSA may be achieved consistent with the requirements that apply to students with disabilities, so long as discipline of those students is determined on a case-by-case basis in accordance with the IDEA and Section 504. The Department has issued separate, more detailed guidance on discipline of students with disabilities, which includes clarification on the implementation of the GFSA consistent with IDEA and Section 504 www.ed.gov/offices/OSERS/Policy/IDEA/Discipline_qa.doc
Q23. Is it permissible to expel a student for a school year rather than a year?
A23. No. The statute explicitly states that expulsion shall be for a period of not less than one year.
Q24. Does the expulsion requirement apply only to violations occurring in the school building?
A24. No. The one-year expulsion requirement applies to students who bring firearms to, or possess firearms at, any setting that is under the control and supervision of the LEA.
Adopted: March 9, 2010
JFCK
LEAD-DEADWOOD EXTRA-CURRICULAR ACTIVITY TRAINING RULES
Philosophy and Purpose
The Lead-Deadwood School District recognizes the use of mood-altering chemicals as a significant health problem for many adolescents resulting in negative effects on behavior, learning and the total development of each individual. The use of mood-altering chemicals for some adolescents affects extra-curricular participation and development of related skills. Others are affected by the misuse and abuse of family, team members or other significant persons in their lives. The close contact in Lead-Deadwood School District activities of advisors and coaches provides them with a unique opportunity to observe, confront and assist young people. Lead-Deadwood School District supports education and awareness training in adolescent chemical use programs including the symptomatology of chemical dependency and special issues affecting Lead-Deadwood School District activities for administrators, athletic directors, coaches, advisors, participants and their families.
Statement of Purpose
1. To provide consistency with the Lead-Deadwood School District #40-1 co-curricular activities program philosophy: “That provides opportunities and experiences that make a contribution to the general growth and development of each supporting community.”
2. To emphasize the school’s concerns for the health of students in areas of safety while participating in activities and the long-term physical and emotional effects of chemical use on their health.
3. To promote equity and a sense of order and discipline among students.
4. To conform to and support existing state laws which restrict the use of such mood altering chemicals.
5. To establish standards of conduct for those students who are leaders and standard-bearers among their peers.
6. To assist students who desire to resist peer pressure which directs them toward the use of mood-altering chemicals.
7. To assist students who should be referred for assistance or evaluation regarding their use of mood-altering chemicals.
Marijuana and Other Drug Adjudications, Convictions, Diversions, or Suspended Sentences
First Violation
SDCL 13-32-9 states that any person adjudicated, convicted, the subject of an informal adjustment or court-approved juvenile diversion program, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in SDCL 22-42, or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by SDCL 24-42-15, is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one calendar year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one-year suspension may be reduced to sixty school days if the person participates in an assessment with a certified chemical dependency counselor or completes an accredited intensive prevention or treatment program. If the assessment indicates the need for a higher level of care, the student is required to complete the prescribed program before becoming eligible to participate in extracurricular activities.
Subsequent Violations
SDCL 13-32-9 states that upon a subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in SDCL 22-42, or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by SDCL 22-42-15, by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education.
Non-SDCL 13-32-9 Violations
Co-Curricular Regulations
During the calendar year (defined as January 1st through December 31st), regardless of quantity a student shall not have in possession, use, or have been charged by law enforcement with possession, use with consumption of a beverage containing alcohol; have in possession, use, or have been charged by law enforcement with possession, use, or consumption of tobacco products; or have in possession, use, or have been charged by law enforcement with possession, use, or consumption of an illicit drug as defined by law.
Categories of Activities
No distinction will be made between any of the extracurricular activities sponsored by this school district. Violations will not carry over from middle school to high school unless the student participant participates at the high school level as a 7th or 8th grader. Students who are on suspension for having violated co-curricular regulations may practice during the first violation, but cannot participate in extracurricular activity competitions or performances during their suspension.
Confirmation
Confirmation of a co-curricular regulation violation by the school administration can occur through the following methods:
1. Admission from the student participant or the student’s parent or guardian;
2. Release of names to the school district from law enforcement of students charged with an alcohol/drug/tobacco violation;
3. A school district administrator has factual proof that a violation has occurred.
Penalties and Recommendations
a. First Violation:
After confirmation, by the school administration, of the first violation, the student shall lose eligibility from competition for 50% of the regularly scheduled season of games, tournaments, or contests. If less than 50% of the season is left at the time of the violation, the appropriate number of post season games will be applied to the suspension to complete the 50%. Suspensions will be carried over from one sport to the next sport season if the entire suspension has not been served.
The student may attend and participate in practice but is not allowed to compete while on suspension. Said suspension may be reduced to 25% of the regularly scheduled season of games, tournaments, or contests if the student chooses to enroll in a chemical health awareness assistance program through a certified chemical dependency counselor. Evidence of said enrollment must be verified by school administration before suspension will be reduced. The student and or family will be responsible for costs associated with programs.
b. Second Violation:
After confirmation by the school administration of the second violation the student shall lose eligibility from activities for up to full season. This suspension may be reduced to 50% of the season (scheduled events) if the student completes an assessment for chemical abuse, misuse, or dependency from a certified chemical dependency counselor. If less than 50% of the season is left at the time of the violation, the appropriate number of post season games will be applied to the suspension to complete the 50%. Suspensions will be carried over from one sport to the next sport season if the entire suspension has not been served. The student must comply with the coordinator’s recommendations. The student will be responsible to cover costs of the program. If the violation is a tobacco related incident the student must complete an approved Tobacco cessation class. Classes are typically 4-6 weeks in length. The student and or family will be responsible for costs associated with programs. The student may attend practices during the suspension; however, he or she is ineligible for competition until after the suspension is completed.
c. Third Violation
After confirmation by the school administration of the third violation the student shall lose eligibility for the remainder of their high school career. It is recommended that the student complete an out-patient or in-patient treatment program.
d. Guidelines and Clarification:
1. Violations and penalties apply to each activity in which the student participates.
2. All disciplinary actions may be appealed to the Superintendent of Schools.
3. Offenses are cumulative over the high school career.
4. School Administrator reserves the right to review each situation on a case-by-case basis.
5. When serving a suspension a student must complete the season. The student athlete must finish the season for the suspension to be recognized. Suspensions will be carried over from one sport to the next sport season if the entire suspension has not been served.
Adopted: March 13, 2007
Revised: March 12, 2013
JFCL
CONCUSSION POLICY
The Lead-Deadwood School District desires the safe return to activity for all student/athletes participating in extracurricular physical activities following an injury, but particularly after a concussion. The goal of this policy is to ensure that coaches, school staff, volunteers, student/athletes, and their parents or guardian are aware of the short-term and long-term effects of concussions. That concussed student/athletes are identified, removed from play or practice immediately, and given proper medical attention. Finally, this policy is set so concussed student/athletes can return to play only after receiving appropriate medical care, which may include taking the ImPACT test, given time to heal, and are symptom free.
Parents/Guardians, along with all student/athletes in grades 7-12 who participate in SDHSAA sanctioned extracurricular activities will be required to sign concussion awareness forms each year. If they do not, they may not participate.
Any student/athlete who suffers a concussion will be required to have a “Return to Competition, Practice Form” signed by a health care professional, their parents/guardian, and a school administrator before returning to action. A healthcare provider trained and experienced in the evaluation, management, and care of concussions includes a M.D., P.A., N.P., or an Athletic Trainer certified in ImPACT testing. The ImPACT test will continue to be a key component in determining a base line for our athletes if they do suffer a possible concussion. Student athletes who do not participate in the ImPACT test will not receive care related to concussions, other injury related care, or preventive care from the Regional Certified Athletic Trainer regardless of when or where the concussion or other injury occurs. Student athletes who do not participate in the ImPACT testing, will still be subject to all other requirements of this policy.
Adopted: July 12, 2011
Revised: April 14, 2015
Also adopted: July 12, 2011
Policy JFCL-R(1), Return to Competition, Practice or Training
Policy JFCL-R(2), Concussion Fact Sheet for Athletes
Policy JFCL-R(2), Concussion Fact Sheet for Parents
JFCL-R(1)
RETURN TO COMPETITION, PRACTICE OR TRAINING
This form is to be used after a youth athlete is removed from, and not returned to, competition, practice, or training after exhibiting concussion symptoms. The youth athlete should not be returned to competition, practice, or training until written authorization is obtained from an appropriate health care professional and the parent/guardians. A licensed health care provider is a person who is (1) Registered, certified, licensed, or otherwise recognized in law by the State of South Dakota to provide medical treatment; and (2) Trained and experienced in the evaluation, management, and care of concussions. This form should be kept on file at the school and need not be forwarded to the SDHSAA Office.
Athlete: School: Grade:
Sport: Date of Injury:
REASON FOR ATHLETE’S INCAPACITY
Guidelines for returning to competition, practice, or training after a concussion
Note: Each step should be completed with no concussion symptoms before proceeding to the next step.
Note:
HEALTH CARE PROFESSIONAL’S ACTION
I have examined the named student-athlete following this episode and determined the following:
Permission is granted for the athlete to return to competition, practice, or training.
Permission is not granted for the athlete to return to competition, practice, or training.
COMMENT:
Date:
Health Care Professional
Date:
Parent/Guardian
Date:
School Administrator
CONCUSSION FACT SHEET FOR ATHLETES
What is a concussion?
A concussion is a brain injury that:
All concussions are serious. A concussion can affect your ability to do schoolwork and other activities (such as playing video games, working on a computer, studying, driving, or exercising). Most people with a concussion get better, but it is important to give your brain time to heal.
What are the symptoms of a concussion?
You can’t see a concussion, but you might notice one or more of the symptoms listed below or that you “don’t feel right” soon after, a few days after, or even weeks after the injury.
What should I do if I think I have a concussion?
How can I prevent a concussion?
Every sport is different, but there are steps you can take to protect yourself.
It’s better to miss one game than the whole season.
Student’s Signature: Date:
Parent’s/Guardian’s Signature: Date:
THIS FORM MUST BE SIGNED ANNUALLY AND MUST BE AVAILABLE FOR INSPECTION AT THE SCHOOL.
JFCL-R(2)
CONCUSSION FACT SHEET FOR PARENTS
What is a concussion?
A concussion is a brain injury. Concussions are caused by a bump, blow, or jolt to the head or body. Even or what seems to be a mild bump or blow to the head can be serious.
What are the signs and symptoms?
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 after the injury. If your teen reports, one or more symptoms of concussion listed below, or if you notice the symptoms yourself, keep your teen out of play and seek medical attention right away.
Signs Observed By Parents or Guardians |
Symptoms Reported by Athlete |
|
|
How can you help your teen prevent a concussion?
Every sport is different, but there are steps your teens can take to protect themselves from concussion and other injuries.
What should you do if you think your teen has a concussion?
Parent’s/Guardian’s Signature Date
THIS FORM MUST BE SIGNED ANNUALLY AND MUST BE AVAILABLE FOR INSPECTION AT THE SCHOOL.
JFG
INTERROGATIONS, SEARCHES AND SEIZURE
School Districts are charged with the safety of all students under their care and supervision through the promotion and enforcement of rules and regulations in the interest of health, welfare, and safety of all students, staff, and administration.
School lockers, desks, textbooks and equipment are school property, loaned or rented for the student’s convenience and legitimate purposes. School officials, therefore, have not only the right, but duty to inspect school lockers, facilities and grounds periodically or on an ad hoc basis in making the school a “safe” environment. Said inspections may include the use of law enforcement canine units trained in the detection of illegal drugs and chemical substances.
Illegal items, including drugs and weapons, or other possessions prohibited by law or school policy, or which constitutes a threat to the safety or security of the building and/or its occupants may be seized by school authorities at any time.
When there is reasonable basis for school authorities to believe that: 1) a student may be under the influence of alcohol or a chemical substance; 2) is in possession or an item(s) which is prohibited by law or school policy or which constitutes a threat to the health, welfare, or safety of others or the facilities themselves; or 3) have knowledge of a criminal act or violation of a school rule, a search of the student (no strip searches allowed), the student’s belongings, and/or his/her school properties may be conducted.
It is the responsibility of school officials to make an effort to protect each student’s rights with respect to interrogations or searches by law enforcement officials. Therefore, prior to any questioning of a student or search of a student, the student’s belongings, and/or his/her school properties by law enforcement officials, the parent/guardian will be contacted by school officials. If the situation warrants, immediate “action” by law enforcement officials the school officials may proceed in a reasonable manner.
Adopted: June 9, 1997
Revised: August 11, 1997
JFI-R
DISRUPTION OF SCHOOL
A student shall not by use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance or any other conduct intentionally cause the substantial and material disruption or obstruction of an lawful mission, process, or function of the school.
Neither shall he/she engage in such conduct for the purpose of causing the substantial and material disruption or obstruction of any lawful mission, process, or function of the school if such a disruption or obstruction is reasonably certain to result.
Neither shall he/she urge other students to engage in such conduct for the purpose of causing the substantial and material disruption or obstruction of any lawful mission, process, or function of the school if a substantial and material disruption nor obstruction is reasonably certain to result from his/her urging.
While this list is not intended to be exclusive, the following acts—when done for the purpose of causing a substantial and material disruption or obstruction of any lawful mission, process or function of the school—illustrate the kinds of offenses encompassed here:
Revised: February 10, 1997
JFI-R2
BULLYING
The aim of the anti-bullying policy is to ensure that students learn in a supportive, caring and safe environment without fear of being bullied. Bullying is anti-social behavior and affects everyone; it is unacceptable and will not be tolerated. Bullying is defined as deliberately hurtful behavior, repeated over a period of time, where it is difficult for those being bullied to defend himself/herself. The three main types of bullying are:
The school district staff will be alert to the signs of bullying and act promptly and firmly against it. If bullying is suspected, observed or reported, the staff member who recognizes it or is alerted to it will be expected to deal with the incident immediately. After the initial act(s) of bullying are suppressed, the staff member will record the incident and give documentation to the Principal. The Principal will then investigate the situation further and take appropriate measure and disciplinary action (detention, Saturday School, or suspension). Parents/Guardians will be kept informed.
Students who have been bullied will be supported and have the opportunity to speak to a teacher, a counselor, a peer tutor if appropriate and/or an administrator about the event. Students will be reassured that this type of behavior is not acceptable and will not be tolerated.
Within the curriculum, the school district will raise the awareness of the nature of bullying through class lessons, assemblies and other appropriate methods of instruction in an attempt to eradicate such behavior. The school district will review this policy annually and assess it implementation and effectiveness. The policy will be promoted and implemented throughout the school district.
Adopted: November 8, 2005
JFI-R3
DISRUPTION OF SCHOOL
A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or
threatening language, so as to prevent the teacher or any pupil from performing their duty, is guilty of a Class 2 misdemeanor. (SDCL 13-32-6)
Adopted: December 12, 2006
JFI-R4
CYBER BULLYING
The Board is committed to providing a positive and productive learning and working environment. Any form of harassment using electronic devices, commonly known as “cyber bullying” by students or staff or third parties is prohibited and will not be tolerated in the district.
“Cyber bullying” is the use of any electronic communication device to convey a message in any form (text, image, audio or video) that defames, intimidates, harasses or is otherwise intended to harm, insult or humiliate another in a deliberate, repeated or hostile and unwanted manner under a person’s true or false identify. Students will refrain from using personal communication devices or district property to harass or stalk another. The district will take any report of cyber bullying seriously and will investigate credible reports promptly. Students are encouraged to report an incident immediately to a teacher or principal, who will take appropriate action. Students who make a report are expected, but not required, to preserve evidence of cyber bullying.
The district may revoke the privilege of a student, staff or third party, who uses district equipment or electronic communication system to engage in cyber bullying to use any district electronic equipment. The district may revoke the privilege of a student, staff or third party, who uses a personal communication device to engage in cyber bullying to bring any personal communication device on district property or district-sponsored activities.
Students whose behavior is found to be in violation of this policy will be subject to loss of privileges, discipline, up to and including expulsion. Staff and third parties whose behavior is found to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the Superintendent or Board as provided in Lead-Deadwood School District Personnel Policy and Procedures Manual and in district policy KGB.
The district may also report individuals to law enforcement if necessary.
Students and staff will be responsible for complying with the district’s “Acceptable Use Agreement” to ensure awareness of and compliance with district use policies.
Adopted: December 11, 2007
JGA
CORPORAL PUNISHMENT
Corporal punishment may not be administered in the Lead-Deadwood School District #40-1.
Adopted: May 14, 1990
Revised: February 10, 1997
STUDENT INCIDENT INTERVENTION STRATEGIES
The Lead-Deadwood School Board recognizes that school staff may need to intercede in situations where students display physically violent behavior. District policy prohibits the use of excessive force, or cruel and unusual punishment, regarding student management and discipline, but employees may use, within the scope of their employment, such physical restraint as may be reasonable and necessary to protect themselves, students, or others from physical injury; to obtain possession of a weapon or other dangerous object under the control of a student; or to protect property from serious harm.
USE OF NONVIOLENT CRISIS INTERVENTION STRATEGIES
maintenance of necessary skills.
Adopted: March 12, 2013
Revised: January 14, 2014
Revised: June 13, 2017
STUDENT INCIDENT INTERVENTION FORM
Student Name: Date:
Name and title of staff members involved:
Time of Incident: ___:___ AM/PM to ___:___ AM/PM
Describe the precipitating incident(s) that necessitated the nonviolent physical intervention, the student’s behavior before/after the restraint occurred and the outcome of the incident:
Describe the least restrictive methods that were utilized before the nonviolent physical intervention:
Document the time that the parent was notified about the incident: ___:___ AM/PM
*Parent must be verbally notified before the end of the day the physical intervention used*
Person completing the report:
Principal’s Signature:
Original – Student’s file Copy 1 – Parent
Adopted: March 12, 2013
Revised: January 14, 2014
Revised: June 13, 2017
JGD
SUSPENSION/EXPULSION
Students may be suspended or expelled from the Lead-Deadwood School District #40-1.
Revised: February 10, 1997
JGD-R
SUSPENSION AND EXPULSION OF STUDENTS
Serious breaches of standards of behavior may result in suspensions or expulsions from school. A principal is authorized to suspend pupils for not more than ten school days and a Superintendent is authorized to suspend pupils for not more than 90 days. The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days.
Any student bringing a firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon to school, except as authorized by law, shall be expelled for not less than twelve months and will be referred to law enforcement authorities. The Superintendent shall have the authority to decrease the length of expulsion on a case-by-case basis. This policy shall be implemented in a manner consistent with IDEA and Section 504.
A suspension may be imposed, but is not limited to, when a student's behavior creates a threat to his own or other's safety or imposes a threat to property or premises or creates a serious disruption of the school environment. Behavior such as fighting or committing an assault on another; stealing; vandalism; possessing weapons, explosives or other prohibited materials; making a false alarm or terroristic threat; lewd or threatening behavior or language; possession of drugs; or possession of beer or alcoholic beverages on the school premises or at school activities may result in suspensions.
Hearing procedures as established by state regulations will be followed for all students who receive long-term suspensions or expulsion.
In case of a suspension by the Superintendent for more than ten school days, the Superintendent will schedule a hearing before the Board of Education and the hearing shall be scheduled within ten (10) school days of the first day of the student’s suspension.
Additional procedures mandated by state and federal law apply to special education students.
NOTE: Statute states that no school board may impose a lesser consequence than those established in SDCL 13-32-9 but may by board policy adopt more strict consequences for adjudication, conviction, informal adjustment or court-approved diversion program, or a suspended imposition of sentence or suspended adjudication of delinquency, for possession, use, or distribution of controlled drugs or substances or marijuana. Statute also says the suspension “may” be reduced and the student “may” be allowed to practice during the period of suspension. To avoid discriminatory application, it is ASBSD’s recommendation that the Board decide, for policy purposes, if the suspension period is to be reduced upon the student meeting the requirements, and if reduced to what extent, and whether the student may participate in practice during a period of suspension.
Suspension from Extra-Curricular Activities:
If a student is adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency, for possession, use, or distribution of controlled drugs or substances or marijuana, or for ingesting, inhaling, or otherwise taking into the body any substance as prohibited by statute, the student shall be suspended as follows:
First offense: The student shall be suspended one year which shall be reduced to thirty calendar days if the student participates in an assessment with a certified licensed addiction counselor. If a suspension for a first offense is reduced to 30 calendar days, the student is ineligible for a minimum of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student's suspension remains in effect until two sanctioned events for which the student is ineligible have taken place. Students who are ineligible to participate in activity events, competitions, and performances shall be allowed to participate in practices.
Second offense: The student shall be suspended one year. The one year suspension for a second offense shall be reduced to 60 calendar days if the student completes an accredited intensive prevention or treatment program. If the suspension for a second offense is reduced, the student is ineligible for a minimum of six South Dakota High School Activities Association sanctioned events. If a suspension is reduced pursuant to § 13-32-9, a suspension for a second offense shall make the student ineligible for a minimum of six South Dakota High School Activities Association sanctioned events. If six sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student's suspension remains in effect until six sanctioned events for which the student is ineligible have taken place. Students who are ineligible to participate in activity events, competitions, and performances shall be allowed to participate in practices.
A suspension begins on:
The day following the notification to a school administrator by the Unified Judicial System that a student has been adjudicated, convicted, the subject of an informal adjustment or court approved diversion program, or the subject of a suspended imposition of a sentence or a suspended adjudication of delinquency for possession, use, or distribution of controlled drugs, substances, or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking into the body any substance prohibited by § 22-42-15 and the school administrator gives notice to the South Dakota High School Activities Association and the students; or
The day following the student's admission to a school administrator that the student committed an offense enumerated in subdivision (1), which shall be made with the student's parent or guardian present if the student is an unemancipated minor, and the school administrator gives notice to the South Dakota High School Activities Association.
A suspension that is reduced pursuant to this policy is only in effect during the South Dakota High School Activities Association's activity year, which begins on the first day of its first sanctioned event and concludes on the last day of its last sanctioned event.
A reduced suspension that is not completed by the end of one activity year shall carry over to the next activity year.
In order for events to count toward the minimum number of events for which the student is ineligible following a reduction in the suspension for a first or second offense, the student must participate in the entire activity season. Failure of a student to complete the entire activity season results in the student being ineligible for one year from the date of adjudication, conviction, the subject of an internal adjustment or court approved diversion program, or subject of a suspended imposition of sentence or suspended adjudication of delinquency. A suspension that is not completed by the student during one activity season carries over to the next activity season in which the student participates.
Third offense: Upon a third or subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana, or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by statute, by a court of competent jurisdiction, the student is ineligible to participate in any extracurricular activity.
Adopted: June 13, 2017
Form JGD-R1
NOTICE OF SUSPENSION
Date
Dear
As we discussed on , has
been suspended from school for school days.
Beginning Date
The grounds for suspension and a summary of the situation are outlined below:
I thank you for your support in this matter. Should you have any questions regarding this matter, please feel free to call me at .
Sincerely,
cc:
BEFORE THE BOARD OF EDUCATION
OF LEAD-DEADWOOD SCHOOL DISTRICT 40-1
LAWRENCE COUNTY, SOUTH DAKOTA
IN THE MATTER OF: BY REGISTERED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF HEARING
TO:
PLEASE TAKE NOTICE , the,
day of , 2 , at o’clock, at
.
, South Dakota, a hearing will be held before the Board of Education, Lead-Deadwood School District 40-1, Lead, South Dakota, for the following purpose:
The act, transaction or occurrence which is the basis of the action being proposed before the Board is as follows:
The District Policy allegedly violated by the act, transaction or occurrence described above is as follows:
In the hearing, you will have the following rights:
You are further notified that you also have the following rights:
IN CASE OF YOUR FAILURE TO APPEAR OR ANSWER it will be presumed that you consent to the action proposed to be taken.
DATED this day of , 2 .
LEAD-DEADWOOD SCHOOL DISTRICT 40-1
LEAD, SOUTH DAKOTA
By:
CEO/Superintendent of Schools
Copy to:
STUDENT SUSPENSION/EXPULSION WAIVER
I hereby waive my right to a hearing in the matter of potential suspension or expulsion from school for the alleged misconduct of .
Said hearing was set for the day of . 2 .
Dated this day of , 2 .
Student
Date:
Parent, Guardian or other Responsible Person
Date:
Witness
Revised: June 13, 2017
JHC
WELLNESS PLAN
The Mission of the Wellness Program is to promote and enhance the health and well being of the students and staff of the Lead-Deadwood School District. The program works to improve the health and well-being of students and staff and the educational achievement of high school students by providing coordinated health, mental health, and other support services.
Goal 1 Nutrition Education
1. Teachers consistent scientifically-based nutrition message throughout the school classroom, cafeteria, home, community and media and as part of health education classes and/or stand alone courses.
2. Uses the SD Health Education Standards and addresses nutrition concept progressively in grades K through 12.
3. Offers information to families that encourages them to teach their children about health and nutrition and provide nutritious meals for their families.
4. Staff who are responsible for nutrition education will be adequately prepared and should participate in professional development activities to effectively deliver an effective program.
Goal 2 Physical Activity
1. All high school students will be required to have 1.0 credit of Health/PE to graduate.
2. All students in grades K-8 will receive daily physical education for the entire school year beginning in the fall of 2007. Students with disabilities, special health-care needs and in alternative educational settings will be included.
3. Students will spend at least 50 percent of physical education class time participating in moderate to vigorous physical activity.
4. The Lead-Deadwood School District Health and PE curriculum will be aligned with the SD State Content Standards.
5. Student involvement in other activities involving physical activity (e.g. interscholastic or intramural sports) will be promoted and supported.
6. All elementary school students will have at least 20 minutes a day of supervised recess, preferably outdoors, during which students are encouraged (verbally and through the provision of space and equipment) to engage in moderate to vigorous physical activity.
7. All elementary, middle and high school students will be offered extra-curricular physical activity programs, such as physical activity clubs or intramural programs.
8. All high schools and middle schools as appropriate, will offer interscholastic sports programs.
9. All schools will offer activities that meet the needs, interests and abilities of all students including boys, girls, students with disabilities and students with special health-care needs.
10. Schools will educate and encourage participating in community or club activities.
11. When appropriate, the district will work together with local public works, public safety and/or police departments in an effort to assess and to the extent possible make needed improvements to make it safer and easier for students to walk and bike to school.
Other School-Based Activities
1. The district will educate students and staff regarding: eating disorders, drugs, alcohol and tobacco, bullying, harassment, and hazing; violence against self and others, depression, anxiety; stress; and suicide prevention.
2. Family and parenting courses will be made available to staff and students.
3. The high school peer helper program will be supported and continued.
4. Indoor air quality issues will be investigated.
5. Facilities will be safe, clean and orderly.
6. Weapons violations will be addressed and reduced.
7. A district-wide crisis plan will be created followed and practiced.
8. Staff will be encouraged to participate in wellness activities.
9. Students will be provided with lessons in hygiene.
10. Students and staff will have adequate space to eat meals in clean, safe, pleasant surroundings and will have adequate time scheduled as near the middle of the school day as possible to eat, relax and socialize.
11. Safe drinking water and convenient access to facilities for hand washing and oral hygiene will be available during all meal periods.
12. Cholesterol checks, blood pressure checks and flu shots will be made available for staff.
Nutrition Standards
1. Food pricing strategies shall be designed to encourage students to purchase nutritious items.
2. Procedures shall be in place for providing to families, on request, information about the ingredients and nutritional values of the foods served.
3. The school food service program shall operate in accordance with the National School Lunch Act and the Child Nutrition Act of 1996 as amended and applicable laws and regulations of the State of South Dakota. All school will comply with USDA regulations and state policies.
4. Schools shall offer varied and nutritious food choices that are consistent with the federal government’s Dietary Guidelines for Americans. For the purpose of this policy, “Dietary Guidelines for Americans” refers to the current set of recommendations of the federal government that are designed to help people choose diets that will meet nutrient requirements, promote health, support active lives and reduce chronic disease risks.
5. Menus should be planned with input from students, family members, and other school personnel and should take into account students’ cultural norms and preferences.
6. Students with special dietary needs will be accommodated as required by USDA regulation.
7. School Food service departments shall not sell extra portions of desserts, French fries, and/or ice cream.
8. Schools will encourage fundraising activities that promote physical activity and make available a list of ideas for acceptable fundraising activities and when fund raising activities involve food, nutritional standards will be followed.
9. Healthy choices of food and beverages will be offered at school-sponsored events outside.
10. All foods sold in the ala carte program will be reviewed and nutritional standards will be followed. Healthy snacks will include fresh fruits, vegetables and nutritional beverages.
11. Only vending machines containing healthy choices of food and beverages will be available to elementary or middle level students.
12. No vending services containing unhealthy choices of food and beverages will be available to high school students until after lunch.
13. The “Middle School Store” will provide only healthy choices of food and beverages.
14. Healthy choices should meet the percentage requirements of less than 35 percent fat calories, less than 10 percent saturated fat calories, less than 35 percent sugar by weight. Nuts, seeds, fruits, vegetables, low-fat or non-fat yogurt, low-fat cheese sticks and items that have natural sugar will be allowed. Milk that is 1 percent fat and no more than 360 calories per container is okay, as are fruit and vegetable juices, plain and colored water, noncarbonated drinks with fewer than 20 grams of carbohydrates per 8 ounces, tea and other sport beverages.
Adopted: May 9, 2006
JHCC
STUDENT COMMUNICABLE DISEASES
Students who are afflicted with a communicable contagious, and/or infectious disease and who are infected with communicable parasites or who are liable to transmit such a disease or parasite may be excluded from school attendance.
The board recognizes the need and right of all children to receive free and appropriate education. The board further recognizes its responsibility to provide a healthy environment for all students and school employees.
A determination of whether an infected student be excluded from the classroom or school activities shall be made on a case-by-case basis, under the direction of the principal/building administrator or designee. SDCL 13-28-7.3
In situations where the decision requires additional expertise and knowledge, the building administrator will refer the case to an advisory committee for assistance in the decision making.
The advisory committee may be composed of:
In making the determination, the advisory committee shall consider:
The advisory committee may officially request assistance from the State Department of Health.
If it is determined that the student will not be permitted to attend classes and/or participate in school activities, arrangements will be made to provide an alternate educational program. If that requires personal contact between student and school employees, only trained volunteer employees shall be utilized.
Public information will not be revealed about the student who may be infected. If the student is permitted to remain in the school setting, the following procedure will be followed by the superintendent/principal:
Information will be provided, as appropriate, to school employees who have regular contact with the student, as to the student’s medical condition and other factors needed for consideration in carrying out job responsibilities.
Health guidelines for school attendance are established and interpreted within the context of the case. The guidelines are not inclusive but are available to be used as a resource. School personnel will refer to school health professionals for specific judgments in interpreting the guidelines.
Instruction in appropriate handling of blood and body fluids will be provided. Hand washing after contamination, food preparation and health/hygiene care performed in different sick and work areas, maintenance cleaning and other personal hygiene measures are part of creating a health environment.
LEGAL REF: SDCL 13-28-7.3
REFERENCE: Control of Communicable Diseases, 14th Ed.
1985—Abram S. Benenson, Editor
Adopted: January 12, 1988
Revised: February 10, 1997
JHCC-R
STUDENT COMMUNICABLE DISEASE GUIDELINES
Numerous communicable diseases may affect a school-age population and/or school staff. Some of these have a high degree of communicability. Some are life threatening in nature. Some are both.
Disease and Incubation Period* Rules for Student Attendance
Acquired Immune Deficiency Syndrome (AIDS) 6 month – 5 year |
Determination should be made by the team process as outlined in the Communicable Disease Policy. The State Department of Health guidelines on AIDS shall be used as reference. |
Chicken Pox |
The student may attend school after all pox are dry and scabbed. |
Cytomegalovirus |
The student may attend school. Precautions should be taken by contacts with immunosuppression as anti- cancer or organ transplants as well as anyone with suspected or known pregnancy. Good hand washing in all cases should eliminate risk of transfer or infection. |
Giardaisis and infection Enteric |
The student may attend school. Food handlers must remain at home until they have three negative stool specimens. Good hand washing in all cases should eliminate risk of transfer of infection. |
Herpes Simples |
The student may attend school during an active case. Good hand washing in all cases should eliminate risk of transfer of infection. |
Impetigo |
The student may attend school if under treatment and dry. |
Infectious Hepatitis |
The student may attend school as directed by the physician. Appropriate personal hygiene precautions should eliminate risk of transfer of infection. |
Measles (red, Hard, Rubeola, 7-day |
The student may attend school after a minimum of seven (7) days. Students who have had contact with measles may attend school if the student has had the measles or if immunization is up to date. |
Infectious Monoucleosis |
The student may attend school as directed by the physician. |
Mumps |
The student may attend school after swelling has disappeared. |
Pediculosis |
The student may attend school after treatment. |
Pink Eye |
The student may attend school after the eye is clear, under treatment or with physician’s written permission. |
Planter’s Warts |
The student may attend school. |
Rubella |
The student may attend school after a minimum of four (4) days. Prevent exposure of pregnant women. |
Scabies |
The student may attend school after treatment. |
Streplococcal Infections |
The student may attend school twenty-four (24) hours after initiating oral antibiotic therapy and clinically well. |
*Time interval between initial contact with an infectious agent and the first sign of a symptom of the disease.
All communicable and chronic disease should be reported to Health Services.
LEGAL REF; SDCL 13-28-7.3
Revised: February 10, 1997
JHCD
ADMINISTERING MEDICINES TO STUDENTS
It is the position of the board that the presence of medicines on school property and/or the taking of medicine by students during school hours must be carefully monitored to prevent the development of harmful situations to the students.
Whenever possible, students are encouraged to receive medicine outside school hours. However, in those cases where medicine must be taken during the student’s time at school, the following procedures are to be followed.
-All medication must be brought to school on behalf of the student by the parent, guardian or a responsible designated adult and given to the school secretary or nurse. A signed copy of the Medication Consent Form must be on file before any medication will be administered. If it becomes apparent that a child has medicine at school without the proper paperwork on file, the parent/guardian or responsible designated person will be notified.
-Parent/guardian or designated person’s requests to store and/or administer any medication to a student must be in writing. This must include a signed and dated copy of the Medication Consent Form, which must state the specific instructions for administering the medication, which are consistent with the directions given by the physician on the prescription. A record of all written Medication Consent Forms will be kept on file with the District Nurse.
-High School students may carry and administer one dose of medication. Before a student may self medicate, a Medication Consent form must be completed, signed by a parent or guardian, and returned to the high school office.
-All medications must be stored in a secure area, managed by the school nurse, and removed from the usual work stations of the students.
-Prescription medications to be stored and/or administered must be in a pharmacist labeled container which specifies the student’s name, the prescribing physician’s name, the date of the prescription and the directions for use.
-Non-prescription medications to be stored and/or administered should be in their original container.
Guidelines for Giving Medications by Designated Personnel
The Board of Nursing has determined that administration of medications is a nursing function and has set forth rules that allow a licensed nurse to delegate the administration of medications to non-licensed assistive personnel who have a minimum of a high school education equivalent and who have completed training as outlined in the rules. It is through the act of the nurse delegation, that a non-licensed individual has the legal authority to perform this function.
Medication administration may be delegated only to those individuals who have successfully completed a training program approved by the South Dakota Board of Nursing. Only those completing the training may administer medication under the supervision of a licensed nurse.
The following tasks may be legally delegated by a nurse to those individuals who have successfully completed the training program:
-Administration of medications by oral, rectal or topical route.
-Measuring or a prescribed amount of liquid medication or crushing a tablet for administration, if the licensed nurse has calculated the dose.
-Administration of Schedule II substances (ex. Ritalin) which have been prescribed and labeled in a container for a specific client.
Verbal or telephone orders are another option, but require a registered nurse. Only the supervising school nurse can take verbal orders from a Health Care Provider regarding medication. Such orders must be followed by a hard copy to verify the order within 24 hours.
The child must come to the office at the time the child is to receive medication. Sometimes young children may need to be reminded for a few days by their teacher. If a child misses a dose, the school secretary or nurse will notify the parent.
Medication can be safely administered up to one-half hour before or after the prescribed time.
All medications will be stored in a locked cabinet or refrigerator.
If the child must carry his/her medication at all times, (i.e. inhaler or epi-pen) the physician must provide a written statement to the school. The student will then demonstrate to the nurse, the proper dosage and use of the medication.
If a medication error should occur, it must be reported to the school nurse as soon as it is recognized so that the appropriate action can be determined. Parents will be notified, the physician will be notified if necessary, and Medication Error report will be completed, signed and kept on file with the school nurse.
Adopted: April 11, 2006
Medication Consent Form
I authorize the School Nurse/designee to administer
(name of medication and dosage)
to my child , at the time indicated below.
(name)
Grade/Teacher
1) Medication at o’clock.
2) As necessary to control asthma or wheezing for which this
medication was specifically prescribed, but no more than every
four hours.
3) As necessary for
The medication shall be provided in a bottle showing the name of the pharmacy, student’s name, physician’s name and the dosage of the medication to be given. I understand that the first dose of any medication MUST be given at home.
I absolve the school personnel of all responsibility for any unforeseen development or reaction attributable to the administration of the above named medication. It is the responsibility of the child to come to the office to take his/her medication.
All Medication must be brought to the office by parent or guardian. Any medication left at the school more than one week past final date of administration will be discarded. Prescription medications will not be administered if the prescription is not current.
This authorization will terminate completely on
(Specific Date)
(Parent/Guardian Signature) (Date of Authorization)
Physician signature/instructions for more than one dose at school per day
Medication Error Report
Student Name: Grade
Date:
Location:
□ Medication Dosage Error
□ Medication Destruction
□ Medication Reaction
Explain Incident in Detail:
Signature/Title of Person Preparing Report Date
Notification of Personnel—
School Nurse Notified ( ) Yes ( ) NO
Date Time
Child’s Doctor Notified ( ) Yes ( ) NO
Date Time
Parent/Guardian Notified ( ) Yes ( ) NO
Date Time
JHCDB
EPINEPHRINE AUTO INJECTORS
The Lead-Deadwood District may acquire and maintain a stock of epinephrine auto-injectors to be used by trained personnel pursuant to a prescription issued by an authorized health care provider for use in an emergency situation of a severe allergic reaction causing anaphylaxis. If the school district acquires and maintains a stock of epinephrine auto-injectors, the school district will notify parents or guardians of each student about the policy.
All epinephrine auto-injectors, whether supplied by the school district, parents/guardians or an emancipated student, must be stored in a locked medicine cabinet, managed by the school nurse or school personnel trained in administration of epinephrine auto-injector or administration of medication.
Epinephrine auto-injectors to be stored and/or administered must be in a pharmacy labeled container. The label must specify the name of physician/licensed health care provider, the date of the prescription and the directions for use.
No school employee, other than the school nurse, shall be required to be trained by a licensed health care profession for the purpose of being trained in the administration of epinephrine auto-injectors, or shall be required to administer epinephrine auto-injectors, without the employee’s prior written consent.
Any school nurse, or other designated school personnel authorized by the School Board, may:
Pursuant to state law, no administrator, school nurse, or designated school personnel, the District or the School Board, that makes available or possesses or epinephrine auto-injectors pursuant to law, may be held liable for any injury or related damage that results from the administration of, self-administration of, or failure to administer an epinephrine auto-injector that may constitute ordinary negligence, however, this immunity does not apply to an act or omission constituting gross, willful, or wanton negligence.
Adopted: August 12, 2014
JHCE
ACCOMMODATING CHILDREN WITH SPECIAL DIETARY NEEDS
The Lead-Deadwood School District will make substitutions in lunches for students considered to have a disability under federal requirements and may also make substitutions for students who do not have a disability but who cannot consume the regular lunch because of medical or other special dietary needs. Substitutions must be made on a case by case basis only when supported by a statement of the need for substitutions that includes recommended alternate foods. Such statement must, in the case of a student with a disability, be signed by a physician or, in the case of a student who is not disabled, by a recognized medical authority.
Parents/Guardians of students with a physician certified disability will be informed in writing of the limitations the school foodservice has in accurately providing nutritional and/or allergen information on products received from foodservice suppliers. They will also be required to sign a Nutritional Information Limitation and Terms agreement annually or more often as needed wherein they will indicate whether they agree or do not agree to its limitations and terms. An enhanced menu variety will be available for families that agree to the limitations and terms. Families that choose not to agree to the limitations of liability will be provided one alternative menu/meal that meets the dietary prescription provided by the physician. Requests for nutritional, ingredient, or allergen information unrelated to a special diet request will also require the review and signing of the Nutritional Information Limitations and Terms Agreement.
SCHOOL GUIDELINES FOR MANAGING STUDENTS WITH FOOD ALLERGIES
Food allergies can be life threatening. The risk of accidental exposure to foods can be reduced in the school setting if students, parents, and physicians work with the schools to minimize risks and provide a safe educational environment for food-allergic students.
Family’s Responsibility
*safe and unsafe foods
*strategies for avoiding exposure to unsafe foods
*symptoms of allergic reactions
*now and when to tell an adult they may be having an allergy-related problem
*how to read food labels (age appropriate)
School’s Responsibility
Student’s Responsibility
The following guidelines will be place on Lead-Deadwood School District busses:
Adopted: January 15, 2008
JHCE-R(1)
Place
Child’s
Picture
Here
ALLERGY TO:
Asthmatic Yes* No *Higher risk for severe reaction
*STEP 1: TREATMENT*
±Potentially life-threatening. The severity of symptoms can quickly change.
DOSAGE
Epinephrine: inject intramuscularly (circle one) EpiPen® EpiPen® Jr. Twinject® Twinject® 0.15mg
(see reverse side for instruction)
Antihistamine: give
medication/dose/route
Other: give
medication/dose/route
IMPORTANT: Asthma inhalers and/or antihistamines cannot be depended on to replace epinephrine in anaphylaxis.
*STEP 2: EMERGENCY CALLS*
1.Call 911 (or Rescue Squad ).Sate that an allergic reaction has been treated, and additional epinephrine may be needed
2..Dr. Phone Number:
3.Parent Phone Number(s):
4.Emergency contacts:
Name/Relationship Phone Number(s)
a. 1.) 2.)
b. 1.) 2.)
EVEN IF PARENT/GUARDIAN CANNOT BE REACHED, DO NOT HESITATE TO MEDICATE OR TAKE CHILD TO MEDICAL FACILITY
Parent/Guardian’s Signature: Date:
Doctor’s Signature: Date:
( Required)
Adopted: January 15, 2008
JHG
CHILD WELFARE – NEGLECT OR ABUSE
State law makes it clear that school personnel have a definite responsibility to report suspicious acts of willful child neglect, physical or emotional abuse for any child under the age of eighteen (18).
In support of this law, school personnel will always discuss and report all suspected cases to their building principal. The principal and /or employee will report the child neglect or abuse. Any doubt about reporting a suspected situation is to be resolved in favor of the child and the report made immediately.
In suspected cases of physical and sexual abuse, with the principal’s knowledge, the suspect victim may be questioned by police or a social worker at the school without the principal obtaining permission of the victim’s parent or guardian. In cases such as these, the police or social worker must make every attempt to meet the suspect’s parent or guardian prior to the student (suspect) returning home from school. This procedure will be clearly understood and agreed to by the policy and/or social worker prior to allowing said questioning of the student (suspect).
26-10-10, 26-10-11 and 26-10-11.1
….shall report or cause reports to be made in accordance with 26-10-12.
12-10-12
Oral report of child abuse – To whom made. The report required by 26-10-11 shall be made orally and immediately by telephone or otherwise to the State’s Attorney of the county in which the child resides or is present, or to the Department of Social Services, or the county sheriff, or to the city police. The State’s Attorney, the police department or the county sheriff, upon receiving a report shall immediately notify the Department of Social Services; the Department of Social Services, upon receiving the report shall immediately notify the State’s Attorney, the police department or the county sheriff. Anyone receiving a report of suspected child abuse shall keep the report confidential as provided in SDCL 26-10-12.3.
The school’s procedure: The principal and/or school employee will report orally all abuse and neglect cases to the Department of Social Services. If the department cannot be reached, the State’s Attorney’s office, county sheriff or city police will be informed orally.
The oral report may include:
Adopted: March 1985
Revised: February 10, 1997
JK
STUDENT SEX OFFENDERS
1. If a student enrolled in the Lead-Deadwood School District 40-1 is registered as or adjudicated of sex offender crimes under SDCL Chapter 22-24B, the Superintendent or designee will arrange an intake meeting for the student to include, as deemed necessary by the Superintendent or designee, the student, the student’s parents or guardians, Department of Corrections or court services officer, school resource officer, District administrators and guidance counselors, to determine the student’s background, conditions of supervision by the Department of Corrections or court services, the safety risk posed by the student, and any other relevant factors affecting the student and the safety of other District students.
2. The Superintendent or designee may establish restrictions for the student sex offender, which may include, without limitation, (A) no attendance at a building where there are day care centers, or younger students, and/or which are located near a private day care, and/or buildings attended by the offender’s adjudicated victim or a victim’s sibling, and/or any other location that would violate the offender’s conditions of supervision by the Department of Corrections or court services, and/or (B) a behavior contract with school officials, which includes a prohibition on leaving campus during the school day; and/or (C) periodic meetings with the school resource officer, and/or (D) attendance in alternative school. The District will take appropriate action when dealing with a student sex offender who is eligible for special education and related services.
Adopted: January 13, 2009
JLA
STUDENT ADDRESSES
List of names and/or addresses of students will not be made available to anyone using the same to exploit the student in any way.
Adopted: 1976
Revised: February 10, 1997
JLB
ELIMINATION OF BARRIERS FOR CHILDREN OR YOUTH
EXPERIENCING HOMELESSNESS INCLUDING UNACCOMPANIED YOUTH
The Lead-Deadwood School District will:
* Transportation services.
* Educational services for which the child or youth meets the eligibility criteria, such as services provided under Title I of the Elementary and Secondary Education act of 1965 or similar State or local programs, educational programs for children with disabilities, and educational programs for students with limited English proficiency.
* Programs in vocational and technical education.
* Programs for gifted and talented students.
* School nutrition programs.
Adopted: January 13, 2009
JO
CUMULATIVE FOLDERS
Cumulative folders will be kept on all students in the Lead-Deadwood Schools on an individual basis.
Adopted: October 12, 1956
Revised: February 10, 1997
JO-R
STUDENT RECORDS
Lead-Deadwood School District #40-1
Notice to Parents of Records Maintained
The custodian of student records at each school shall annually give notice to the parents and to the student if age eighteen (18) of the following:
This notice will be given annually, in writing, at or near the beginning of each school year, but not later than September 15. Form 13 or its equivalent may be used for this notice.
NOTICE OF STUDENT RECORDS MAINTAINED BY THE
LEAD-DEADWOOD SCHOOL DISTRICT #40-1
The Lead-Deadwood School District #40-1 recognizes the right of the general public to full and complete information regarding the affairs of the District. The District further recognizes the inherent right of privacy of the students, officers, and employees of the District. Consistent with both of these rights, Administrative Procedures will provide a method whereby appropriate information will be made available to parties having a right and a need to such information consistent with the right of privacy of students, officers and employees of the District. These procedures will be consistent with the Family Education Rights and Privacy Act of 1974, Public Law 93-380.
SECTION I
TYPE OF RECORDS DIRECTLY RELATED TO THE STUDENTS WHICH ARE MAINTAINED BY THE SCHOOL
The School District maintains at each elementary, middle, high, or special school the records on each student enrolled at that specific school. A “student record” generally includes: application for enrollment, standardized achievement test scores; grades; attendance date; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and reports of behavior patterns or disciplinary actions.
SECTION II
NAME OF CUSTODIAN OR AGENT TO CONTACT TO REVIEW RECORDS
A person having the right to review student records shall make a request in person to the custodian or his/her designated agent. If the student is currently enrolled in the District’s schools, this request will normally be made to the principal or department head. If the student is no longer enrolled in the District’s schools, the request must be made to the Superintendent or his/her designated agent.
SECTION III
LIST OF INDIVIDUALS WHO HAVE ACCESS TO RECORDS
Principals, counselors, teachers and other District employees who have a legitimate educational interest in the records of a student may review and receive copies of the records which are necessary to the furtherance of that interest. A record need not be kept of requests for access to student records made by these District employees or of transfer of records to other schools of the District. In addition to the employees of the District who have general access to the records maintained. Under restricted conditions, which require the completion of a request form which remains permanently with the records, certain other individuals can review a student’s record. These include: (1) state and federal officials for audit purposes; (2) accrediting representatives for accrediting purposes; (3) research representatives for limited research; however, the results of the research will not identify the students; (4) school officials of other school districts or universities or colleges in which the student has indicated an interest in enrolling, provided the parent or student, if eighteen(18), receives notice; (5) courts and other bodies issuing orders or subpoenas, provided the parent and student receives notice before compliance; (6) no other persons are allowed to review a student’s records without either the parents’ or guardian’s permission or that of the student if over eighteen (18) years of age.
SECTION IV
CHALLENGING THE CONTENT OF RECORDS
Parents of students under eighteen (18) and students over eighteen (18) may challenge the content of a student’s records to insure that the records are not inaccurate, misleading or otherwise a violation of the privacy or other rights of the student. The hearing procedure provided by the School District provides an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data and/or the opportunity for the parents or students to enter an explanatory statement concerning the records. Although improperly recorded grades may be challenged, parents and students are not allowed to contest the grade given a student’s performance in a course through this process. To initiate this procedure contact the custodian of the records.
SECTION V
COST OF PROVIDING COPIES OF RECORDS
A person who requests copies of District records for a purpose other than the transaction of the official business of the District shall pay the actual cost of reproducing the records. A charge of $.55 for the first page and $.15 for each additional page will normally be made; however, if the actual cost of reproducing the record exceeds this standard fee for any record, the custodian or designated agent shall require payment of the actual cost. A maximum of ten (10) transcripts of the student’s grades will be provided without charge with additional copies provided for $1.00 each.
SECTION VI
DIRECTORY INFORMATION
The categories of Directory information may be released to the public unless objected to in writing by the parent or student, if eighteen (18), at or near the beginning of each school year but not later than September 15. The School District also publishes “directory information.” “Directory information” is defined as the student’s name, grade level, information for an activity program such as height and weight, degrees (diplomas), scholarship awards, and school related photos such as being in an athletic program or in the marching band. “Directory information” may be released by the school district without written consent of parents to any party. Information other than that listed as “directory information” will not be released to any third party, excluding administrative use for a legitimate educational purpose, without the written consent of the parent or guardian. Congress has passed legislation that requires high schools to provide to military recruiters, upon request, access to secondary school students and “directory information” on those students. In accordance with those Acts, military recruiters are entitled to receive the name, address, and telephone listing of juniors and seniors in high school. That student “directory information” will be used specifically for armed services recruiting purposes and for informing young people of scholarship opportunities. State law also requires the disclosed of similar information to the state Board of Regents. A parent has the right to restrict access to “directory information” on their child as well.
Revised: February 10, 1997
Adopted: August 25, 2009
JO-R
LEAD-DEADWOOD SCHOOL DISTRICT #40-1
REQUEST FOR TRANSFER OF STUDENT RECORDS
DATE
TO:
Official
School
Address
City State Zip
According to the Educational Amendment of 1974, “Protection of the Rights and Privacy of Parents and Student”, Section 438, Subsection (b) (1), parts A and B, page 97, states that school officials, including teachers within the educational institution and officials of other schools in school systems in which the student may intend to enroll may receive a student’s record without a written consent for such release.
RE:
Student Birth Date Grade
Please forward records for the student named above to include a transcript of grades, standardized test results, and immunization records; or, a cumulative folder which includes the above. (Immunization records are required for enrollment in South Dakota schools.) Also, send semester grades to the date of withdrawal if applicable.
Sincerely,
Name Title
Building
320 South Main
Lead, South Dakota 57754
Revised: February 10, 1997
SECTION K: SCHOOL-COMMUNITY RELATIONS
Below is listing of Lead-Deadwood School District policies in Section K that have been approved by the Lead-Deadwood Board of Education.
KBAA
PUBLIC RECORDS
The Lead-Deadwood School District believes in operating in an open, transparent manner and will make district records available for public inspection, provided the release of the record(s) does not conflict with state or federal law.
The Board hereby designates the superintendent as the District’s public records officer. The public records officer shall be responsible for allowing inspection of records upon public request, and for maintaining confidentiality of those records not open to the public. The public records officer shall also establish fees that may be charged for the retrieval and copying of public records.
The Superintendent will act as the public records officer for handling routine record requests. Public records are available for viewing during the school’s normal business hours. The cost of copying public records will be $.05 per page. A log will be maintained of all requests, and the disposition.
Certain records are exempt from public access. Included are student information, and personnel information other than directory or salary.
Denial may also be based on the cost of retrieval, and form requested. If staff time is required, the district may charge an hourly fee to compensate for this time.
It is the desire of the District to fully comply with the letter and spirit of the district’s policy and South Dakota Law. While there may be disagreements over the availability of records, the district will make every attempt to settle disputes amicably and factually through the processes established by state and federal law.
The Lead-Deadwood School District adopts the South Dakota Bureau of Administration, Record Management Division’s Local Schools Retention Manual, Revised 2015, or as may be amended, as its Records Management Policy, for the purpose of providing a retention and destruction schedule so that school records can be managed efficiently and in compliance with state law, SDCL 1-27-18.
Adopted: August 25, 2009
Revised: May 9, 2017
KBC-R
BROADCASTING
The district shall not interfere with the right of news media to attend and engage in journalism concerning any interscholastic high school activity or event and shall prevent any person under its authority from interfering with the right of news media to engage in journalism at any such activity or event.
The district shall provide reasonable accommodations for news media to conduct journalism at all interscholastic high school activities and events, and shall allow news media all necessary access to conduct journalism at such events, subject to reasonable limitations for public safety, available space, and the right of the general public to attend such events.
For purposes of this policy, (1) "journalism" means the gathering, preparing, collecting, photographing, recording, streaming, broadcasting, writing, editing, reporting, or publishing of news or information that concerns matters of public interest for dissemination to the public, including on the internet, and (2) "news media" means personnel of a newspaper or other periodical issued at regular intervals, a news service, a radio station, a television station, or a television network, regardless of whether the news media is in print, electronic, or digital format.
Adopted: 1976
Revised: February 10, 1997
Revised: May 9, 2017
KG
USE OF SCHOOL FACILITIES
All buildings and grounds within Lead-Deadwood School District #40-1 will be available for use by organizations, school and/or community, at the discretion of the Superintendent or his/her designated administrator/supervisor. Said use shall be based upon the District’s fee structure policy and Facility Use Agreement/Procedures.
Revised: February 10, 1997
Revised: May 9, 2017
School Board of has determined that allowing to use the facilities listed below would constitute a community service, as that term is used in SDCL 13-24-20. Please list the specific facility and equipment to be used.
The use of the facility listed above is for use between the hours of . The fee for the use of the facility shall be . Rules for use of the facility and equipment have been prepared by the administration and are attached hereto as Exhibit 1 and incorporated herein by this reference.
NEITHER THE SCHOOL DISTRICT, THE SCHOOL BOARD, NOR ANY OFFICER OR EMPLOYEE OF THE SCHOOL DISTRICT IS LIABLE FOR ANY INJURY THAT OCCURS AS A RESULT OF THE USE OF THIS FACILITY, REGARDLESS OF THE CAUSE OF INJURY, INCLUDING THE DESIGN, MAINTENANCE OF AND CONDITION OF THE FACILITY AND EQUIPMENT USED UNDER THIS AGREEMENT.
THE AND ITS MEMBERS, OFFICERS, AND EMPLOYEES ARE LIABLE FOR DAMAGE TO AND PERSON THAT MAY ARISE AS A RESULT OF THE USE OF THE FACILITY, AS PROVIDED IN SDCL 13-24-20 AND ARE LIABLE AS WELL FOR ANY DAMAGE TO THE FACILITY OR EQUIPMENT PROVIDED BY THIS AGREEMENT.
SDCL 13-24-20 provides:
The school board may grant the use of school facilities, computers, motor vehicles, or land belonging to the school district for any purposes which it considers advisable as a community service for such compensation as it determines. The use may also include a contract with a vendor that sells soft drinks or other concessions on school property. The use may not interfere with school activities. Any person or persons or public body using such school facilities, computers, motor vehicles, or land is responsible to the school district for any and all damages that may be caused by reason of the use or occupancy. The school district is not liable for any damages which might arise as the result of such use or occupancy, including the use of school computers by students.
This agreement is not valid and the facility may not be used unless this Agreement is signed by the person or organization submitting the request prior to the facility use. In addition to the liability undertaken herein by the person or organization using the facility, such person or organization is responsible to leave the facility in the manner in which it was found, without exception, including without limitation that any areas used be left clean and neat and all equipment be returned in the same condition it was when the use was granted.
I hereby certify that the foregoing use of facility was approved by the School Board in open session on the day of , 20 .
Superintendent or Business Manager
I have read the foregoing Agreement and agree with its terms. I understand that I, individually, and the organization I represent are liable for any damages caused to the facility and any damages or injuries that may occur to any person as a result of the use of the facility.
NAME OF ORGANIZATION
Signature of individual or representative Date
Revised: May 9, 2017
KG-R
RENTAL RATES OF SCHOOL FACILITIES
The following fee structure shall be utilized in determining charges to be accessed community organizations using school facilities.
HIGH SCHOOL ELEMENTARY SCHOOL
Auditorium $75.00 Auditorium $50.00
Gym I $50.00 Gym $25.00
Gym II $50.00 Lunchroom (w/o kitchen) $20.00
Gym III $25.00 Lunchroom (w kitchen) $40.00
Lunchroom (w/o kitchen) $20.00 Classroom $10.00
Lunchroom (w kitchen $50.00
Classroom $10.00 MIDDLE SCHOOL
Multi-Purpose (w/o kitchen) $20.00
Multi-Purpose (w kitchen) $40.00
Classroom $10.00
No rental fee will be accessed local governmental units, charitable and non-profit organizations, or special benefit programs designated for specific charitable purposes.
Charitable organization shall be defined as “one to which a contribution is tax deductible.” Non-profit organizations shall be defined as “one holding a non-profit certificate issued by the IRS.”
A custodian or lunch room employee fee, on a per hourly basis, will be charged when the event/activity is held outside of the normal working hours of the Lead-Deadwood custodian/lunchroom staff. Charitable and non-profit organizations may elect to clean the facilities with no custodial/lunchroom fee being accessed or request the school be responsible for cleaning the facilities with the organizations billed for services.
A technician fee, or a per hourly basis will be charged for use of the Lead-Deadwood High School Auditorium when special lighting and/or sound arrangements are needed.
Revised: November 9, 2004
Revised: May 9, 2017
Person/Organization: Date of Request:
Day/Date to be Used: Time of Day: From: Date:
Purpose of Request:
Facility and Room: Building: Room:
Approximate Number in Group:
Custodian Services Needed: ( ) Yes ( ) No
Explanation:
School Person Assigned:
Custodian Assigned:
Rental Fee to be Charged: ( ) Yes ( ) No
Rent $ Make check payable to:
Custodial $ Leal-Deadwood School District #40-1
Other Services $ Send to:
Business Manager
320 South Main
TOTAL: $ Lead, South Dakota 57754
Contact made: ( ) in person; ( ) by telephone
( ) Approved ( ) Denied
Authorized Person of Organization Lead-Deadwood School District #40-1
By:
Address
City State Zip
Any group or individual using any facility will be held responsible for any damages to the premises. These damages will be in addition to the above charges.
cc: Organization
Administrator of the Building
Business Manager
FACILITY USE AGREEMENT – SUPPLEMENTAL INFORMATION
It is the responsibility of the organization to manage the facility during the event/activity per Lead-Deadwood School District policy and regulations and South Dakota Codified Law.
1) Adequate crowd control must be provided. Adequate crowd control is so defined as no less than ( ) persons of legal age.
Organizational clean up of the facility must meet custodial approval prior to the organization leaving the facility. If not satisfactory, the situation shall be corrected by the organization or additional fees will be assessed the organization for custodial services.
3) In granting this Facility Use Agreement, the Lead-Deadwood School District 40-1 does not relinquish and does hereby retain the right to control and enforce all necessary and proper regulations for the management and operation of its’ facilities. School district administrative and/or authorized maintenance personnel may enter the demised premises at any time and on any occasion.
4) A school custodian will be present in the facility during the event/activity or assigned as the building principal determines necessary. It is the responsibility of the organization to notify this individual of damages, mechanical or facility malfunctions (i.e. plugged toilet), trash removal needs, restroom paper needs, and/or clean up needs.
An hourly fee will be charged to the organization when the event/activity is held outside the normal working hours of the Lead-Deadwood custodial staff.
5) The Lead-Deadwood School District assumes no responsibility whatever for any property placed in said facilities, and is hereby expressly released from any and all liability for any loss, injury or damage to persons or property that may be sustained by or during use of the facilities covered under this agreement. Insurance is the responsibility of the organization.
In the case that the facilities are not vacated per this agreement, the Lead-Deadwood School District is authorized to remove and dispose of all goods, wares, merchandise and property of any kind from the facilities.
Date
Authorized Rep—Lead/Deadwood Schools
Date
Authorized Person of Organization
Revised: February 10, 1997
PUBLIC CONDUCT ON SCHOOL PROPERTY
AND AT SCHOOL EVENTS
Although the Lead-Deadwood School District Board of Education welcomes the use of its facilities for public events and public visitation to the schools, the Board expects all visitors to abide by acceptable rules of conduct. To maintain order on school property, the Board prohibits the following conduct or acts on school property or at school events:
1. The willful physical injury of any person or the threat to use force which would result in such injury.
2. The harassment or coercion of any person.
3. The willful damage to or destruction of property.
4. The entry of any school building or upon any portion of the school premises unless such entry is made in connection with official business with the district or to attend an activity or function authorized thereby.
5. The willful interference with lawful and authorized activities of others.
6. The possession, consumption, or exchange of alcoholic beverages, unauthorized drugs or narcotics on school property.
7. The use of all forms of tobacco by staff members, employees, visitors or guests in all District buildings (in compliance with Public Law 103-227, Part C Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994), on school grounds, in all school vehicles at all times and at any school-related functions.
8. The possession or use on school district property or at school events at any time of the year of any firearm pellet gun, air gun, (including look-alike facsimile or homemade gun), knives (including pocket knives), device, instrument, material or substance, whether animate or inanimate, which is calculated and designed to inflict death or serious bodily harm or in the manner by which it is used is likely inflict death or serious bodily harm.
9. The violation of any federal or state statute, local ordinance or Board Policy.
10. The refusal or failure of any person to comply with a lawful order or direction of an official of the school district in the performance of their duties.
Enforcement and Penalties
Any violation of the above shall be reported immediately to the building principal. The building principal will investigate the case thoroughly and make a written report to the superintendent. Penalties that may be imposed by the administration include:
A reprimand
An order to leave school property immediately;
Assistance from law enforcement to include a request that appropriate charges be filed.
Other Penalties
The penalties mentioned above are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal or state law or local ordinance and the imposition of a fine or penalty provided for therein.
Adopted: December 12, 2006
KK
SEX OFFENDERS
No person who is registered as a sex offender pursuant to SDCL Chapter 22-24B may knowingly be present on Lead-Deadwood School District property. The school board may, in its sole discretion, waive, subject to any reasonable restriction, limitation, or condition that the school may elect to impose enforcement of this policy. Upon issuance of any waiver the school board retains the right to revoke or modify the waiver. Waiver forms may be obtained by contacting the district administrative office.
Approved: July 10, 2007
KK(1)
WAIVER REQUEST
Applicant name:
Address:
Phone number:
REQUEST:
In accordance with Sex Offender Policy KK of the Lead-Deadwood School District, I am requesting a waiver for the following purpose: (Please be specific in your request, i.e., date, event, etc.)
Please provide the following information for consideration with your request:
Date of Offense:
County and State of Offense:
Factual Narrative of the Offense: (if additional space is needed please attach additional page(s):
Please identify the following:
Your Child’s Name: Current Grade:
In addition to the above information, please provide a copy of the Judgment of Conviction and any further documents you believe would assist the District in its consideration of this Waiver Request.
Dated this day of , 20 .
Name
Revised: May 9, 2017
KK(2)
Waiver Approval and Protocol
The Lead-Deadwood School District Board of Education has agreed to grant a waiver for for the following purposes:
Board President Signature Date
The following are required protocol actions for attending functions on school property.
Upon entering school property:
I understand the above information and agree to abide by all requirements set forth in this document.
Signature Date
Revised: May 9, 2017
KMI
DISTRIBUTION/POSTING OF
INFORMATIONAL/POLITICAL MATERIALS
General Guidelines
Individuals, including students, may have the right to distribute, on school premises and at reasonable times and places, unofficial written material, petitions, buttons, badges or other insignia, except expression which, in the judgment of the building principal.
Distribution on school premises of the aforementioned material to any student is prohibited.
Procedures
Materials may only be distributed by a school related individual or group. Anyone wishing to distribute unofficial written material must first submit for approval a copy of the material to the building principal or designee at least twenty-four hours in advance of desired distribution time, together with the following information:
All such materials must also contain the following statement: THE LEAD-DEADWOOD SCHOOL DISTRICT NEITHER ENDORSES NOR SPONSORS THE ORGANIZATION OR ACTIVITY REPRESENTED IN THIS DOCUMENT. THE DISTRIBUTIONOF THIS MATERIAL IS PROVIDED AS A COMMUNITY SERVICE.
The Principal will render a decision on whether or not the material may be distributed as planned, and will include reasons for refusal if that is the decision. The decision may be appealed to the Superintendent of Schools, in writing, within twenty-four hours of receipt of the Principal’s response. The Superintendent (or designee) will arrange a meeting for discussion of the issue and will render a decision within three days of the meeting. There is no further appeal of the Superintendent’s decision.
Approved materials will be sent home with elementary students. The school is not responsible for making copies. If a request to make copies is granted, $.05 per copy will be charged. At the Middle School and High School approved materials will be made available in the school office. No instructional time will be used to present information regarding non-school programs.
Disciplinary Action
Distribution of any student of unofficial material that has not been approved by the school administration may result in immediate termination of the distribution, and students may be subject to disciplinary action including suspension and expulsion. Any other party violating this policy may be requested to leave school property immediately, and, if necessary, local law enforcement officials will be called.
Political Materials and Signs
Political signs cannot be posted on school grounds unless a school building is being used as a polling place, and then can be posted only for a period starting at 5:00 p.m. on the day before Election Day and ending at 9:00 p.m. on Election Day in a matter that complies with State Law. With the exception of items being used for instructional purposes or school-related student campaigns, political materials shall not be distributed on school grounds. No political and ballot issue campaign material shall be distributed to students, or made available before, during, or after school, at school events or on school property.
Adopted: January 12, 2010
Revised: May 9, 2017
KNAJ
COOPERATION WITH LAW ENFORCEMENT AGENCIES
School authorities will cooperate with all law enforcement officials, but no student shall be taken from school buildings without parental notification. Other than the School Resource Officer, police interrogation of students at the school must be conducted in the presence of the school administrator and/or parents.
Police and welfare authorities are requested to notify school officials of all public school students who are convicted of major offenses against the school society. Upon receipt of such notice, the student will be advised by school officials that the student is on probation.
Law Enforcement/Dept. of Social Services Interviewing Students
When students are at school or involved in a school activity off school grounds, the school has an obligation to the students and their parents, and also an obligation to authorities such as law enforcement and the Department of Social Services. This policy balances the rights of students and parents with the rights and responsibilities of law enforcement and the Department of Social Services as those entities investigation juvenile delinquency and criminal matters and also matters related to suspected child abuse and neglect. It is therefore the policy of the District that
(1) should a law enforcement officer other than the School Resource Officer, wish to talk with (interview) a student under the age of 18* while the student is at school (or involved in a school activity off school grounds) for a reason other than investigating suspected child abuse or neglect, the District will not grant permission for the law enforcement officer to talk with (interview) the student unless the school has first notified the student’s parent/guardian and received permission from the parent/guardian for the student to talk with the law enforcement officer. Parents/guardians have the right to deny the request from law enforcement officer to talk with the student. Parents/guardians shall also be afforded the opportunity to be present during the interview should permission be granted by the parent/guardian for a law enforcement officer to talk with (interview) the student. HOWEVER, if the law enforcement expressly prohibits the school from contacting the parent/guardian pursuant to this policy provision, the school will follow law enforcement’s directive.
(2) Should the Department of Social Services (DSS) or law enforcement or the State’s Attorney be investigating suspected child abuse or neglect and wish to talk with (interview) a student under the age of 18* while the student is at school (or involved in a school activity off school grounds), the request to talk with (interview) the student shall be documented by the school administrator, including the name of the person making the request, the date of the request and date of interview, and that the request is made for the reason of investigating suspected child abuse or neglect. The law in South Dakota requires investigation of suspected child abuse and neglect be kept confidential and that the investigation (interview) can be done without notification to and approval by the parents/guardians. Therefore, the school will not notify parents/guardians of a request by the Department of Social Services, law enforcement or the State’s Attorney to talk with (interview) a student about suspected child abuse and neglect.
* Upon the student reaching the age of 18, the student is a legal adult and has the authority to make the decision whether or not to talk with law enforcement, DSS or the State’s Attorney and without parental notification and approval. However, unless expressly prohibited by the person(s) seeking to talk with (interview) the students, the school shall give the student an opportunity to contact his/her parents/guardians for advice before responding to a request by DSS, law enforcement or the State’s Attorney to talk with one or more of them.
Adopted: January 12, 2010
Revised: May 9, 2017
SECTION L: EDUCATION AGENCY RELATIONS
There are no Lead-Deadwood School District policies in Section L that have been approved by the Lead-Deadwood Board of Education.