Board Operating Policies The New Standard 2040 W. Carpenter Road Flint, Michigan 48505 (810) 787-3330 www.newstandardflint.org
August, 2015
Board Policies
The New Standard
page 1 of 1
ADOPTION RESOLUTION
RESOLVED that the policies printed and codified in the comprehensive document entitled "Board Policies of the The New Standard Board of Directors" are hereby adopted and that all Board Policies previously adopted by the The New Standard Board of Directors are hereby rescinded; further be it
RESOLVED that, in the event any policy, part of a policy, or a section of the Board Policies is judged to be inconsistent with law or inoperative by a court of competent jurisdiction or is invalidated by a policy or contract duly adopted by this Board, the remaining Board Policies and parts of policies shall remain in full effect.
Take notice that the foregoing resolution was adopted by the The New Standard Board of Directors at a public meeting held at Flint, Michigan on August 18, 2015.
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 1 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
TABLE OF CONTENTS
0000 BOARD OPERATING POLICY
0000 Board Operating Policy List of Provisions ............................................... 11
0100 Definitions .................................................................................................. 13
0110 Official Description .................................................................................... 16 0111 Name ................................................................................................ 16 0112 Purpose ............................................................................................ 16 0115 Address ............................................................................................ 16
0120 Powers and Philosophy ............................................................................. 17 0122 Board Powers (L) .............................................................................. 17
0130 Functions .................................................................................................... 20 0131 Legislative ........................................................................................ 20 0131.1 Charter Contract Bylaws and Board Operating Policies ............................................................................ 20 0132 Executive .......................................................................................... 20 0132.2 Selection of Educational Service Provider ....................... 20 0132.2 Administrative Procedures (BP) ....................................... 21 0133 Judicial ............................................................................................. 21
0140 Membership ................................................................................................ 22 0141 Number............................................................................................. 22 0142 Appointment ..................................................................................... 22 0142.1 Term................................................................................ 22 0142.2 Oath ................................................................................ 22 0142.3 Vacancies (BP) ............................................................... 22 0142.31 Filling a Board Vacancy (BP) ........................................... 22 0142.4 Orientation (BP) .............................................................. 22 0143 Authority ........................................................................................... 23 0143.1 Public Expression of Board Members (BP) ...................... 23 0144 Operations ........................................................................................ 24 0144.1 Compensation ................................................................. 24 0144.11 Reimbursement of Expenses (L) ..................................... 24 0144.2 Board Member Ethics (BP) .............................................. 25 0144.3 Conflict of Interest (L) ...................................................... 26 0144.4 Indemnification (BP) ........................................................ 28 0145 Discriminatory Harassment ............................................................... 29
0150 Organization ............................................................................................... 30
0160 Meetings ..................................................................................................... 32 0161 Parliamentary Authority .................................................................... 32 0162 Quorum ............................................................................................ 32 0163 Presiding Officer ............................................................................... 32
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 2 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
0164 Call ................................................................................................... 32 0164.1 Regular Meetings ............................................................ 32 0164.2 Special Meetings ............................................................. 32 0164.3 Emergency Meetings ....................................................... 32 0165 Notice (BP) ....................................................................................... 33 0165.1 Posting Notice of Regular Meetings (BP) ........................ 33 0165.2 Change of Regular Meetings (BP) ................................... 33 0165.3 Posting Notice of Special Meetings (BP) ......................... 33 0165.4 Posting Notice of Emergency Meetings (BP) ................... 33 0166 Agenda ............................................................................................. 34 0166.1 Consent Agenda ............................................................. 34 0167 Conduct ............................................................................................ 35 0167.2 Closed Session ............................................................... 36 0167.3 Public Participation at Board Meetings ............................ 36 0167.4 Administrative Participation (BP) ..................................... 38 0167.5 Use of Electronic Mail (BP) .............................................. 38 0168 Minutes (BP) ..................................................................................... 39 0168.1 Open Meeting (BP) .......................................................... 39 0168.3 Committee Meetings (BP) ............................................... 40 0169 Student Disciplinary Hearings (BP) ................................................... 40 0169.1 Closed Session Requested (BP) ..................................... 40 0169.2 Open Hearing (BP) .......................................................... 41
0170 Duties .......................................................................................................... 43 0171 Officers ............................................................................................. 43 0171.1 President ......................................................................... 43 0171.2 Vice-President ................................................................. 43 0171.3 Secretary ......................................................................... 43 0171.4 Treasurer ........................................................................ 43 0172 Legal Counsel (BP) .......................................................................... 43 0173 Independent Auditor (BP) ................................................................. 43 0175 Association Memberships (BP) ......................................................... 44 0175.1 Board Conferences, Conventions, and Workshops (BP) ................................................................................. 44
1000 ADMINISTRATION
1000 Administration List of Provisions ............................................................. 45
1240 Evaluation Of The Education Service Provider (BP) ................................ 46
2000 PROGRAM
2000 Program List of Provisions........................................................................ 47
2105 Mission of the Academy (BP) .................................................................... 49
2112 Parent Involvement in the Academy Program (L) .................................... 50
2120 School Improvement (BP) ......................................................................... 53
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 3 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
2131 Educational Outcomes for Students (BP) ................................................ 54
2132 Educational Process Goals (BP) ............................................................... 56
2210 Curriculum Development (BP) .................................................................. 57
2210.01 Right to Inspect Instructional Materials (BP) ........................................... 60
2220 Adoption Of Courses Of Study (BP) ......................................................... 61
2221 Mandatory Courses (BP) ........................................................................... 63
2225 Students With Limited English Proficiency (BP) ..................................... 64
2231 Curriculum (BP) .......................................................................................... 65
2240 Controversial Issues (BP) .......................................................................... 66
2250 Innovative Programs (BP) ......................................................................... 67
2260 Nondiscrimination and Access to Equal Educational Opportunity (BP) ........................................................................................ 68
2260.01 Section 504/ADA Prohibition Against Discrimination Based on Disability (BP) ............................................................................ 77
2261 Title I Services (BP) .................................................................................... 82
2261.01 Parent Participation in Title I Programs (BP) ........................................... 84
2261.02 Title I – A Parent's Right To Know (BP) .................................................... 86
2261.03 Federal School Improvement Plan (BP) .................................................... 87
2270 Religion In The Curriculum (BP) ............................................................... 88
2280 Physical Education (BP) ............................................................................ 89
2330 Homework (BP) .......................................................................................... 91
2340 Field And Other Academy-Sponsored Trips (BP) .................................... 92
2370 Educational Options (BP) .......................................................................... 94
2370.01 On-Line/Blended Learning Program (BP) ................................................. 95
2412 Homebound Instruction Program (BP) ..................................................... 99
2413 Health Education Program (BP) .............................................................. 100
2414 Reproductive Health and Family Planning (BP) ..................................... 101
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 4 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
2416 Student Privacy And Parental Access To Information (L) ..................... 102
2417 Comprehensive School Health Education (BP) ..................................... 104
2430 Academy-Sponsored Clubs And Activities (BP) .................................... 106
2431 Interscholastic Athletics (L) .................................................................... 108
2433 Operation of a Child Care Center or Before/After School Program (L) ............................................................................................... 110
2460 Education Of Children With Disabilities (L) ............................................ 111
2460.02 Least Restrictive Environment Position Statement (L) ......................... 112
2510 Adoption Of Textbooks (BP) ................................................................... 113
2521 Selection of Instructional Materials and Equipment (BP)...................... 114
2531 Copyrighted Works (BP) .......................................................................... 115
2605 Program Accountability And Evaluation (BP) ........................................ 116
2623 Student Assessment (BP) ....................................................................... 117
2700 Combined P.A. 25 Annual Report and NCLB Report Card (BP) ........................................................................................................... 120
3000 STAFF
3000 Staff ........................................................................................................... 123
3000 Staff ........................................................................................................... 124
5000 STUDENTS
5000 Students.................................................................................................... 125
5111 Admission Of Students (L) ...................................................................... 127
5111.01 Homeless Students (L) ............................................................................ 128
5111.02 Educational Opportunity For Military Children (L) ................................. 129
5112 Entrance Age (L) ...................................................................................... 130
5113.02 Academy Choice Options Provided By The No Child Left Behind Act (BP) ........................................................................................ 132
5114 Foreign and Foreign-Exchange Students ............................................... 133
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 5 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
5136 Personal Communication Devices (BP) .................................................. 134
5200 Attendance (BP) ....................................................................................... 136
5215 Missing And Absent Children (BP) ......................................................... 138
5223 Absences For Religious Instruction (BP) ............................................... 139
5230 Late Arrival And Early Dismissal (BP) .................................................... 140
5310 Health Services (BP) ................................................................................ 141
5320 Immunization (BP) .................................................................................... 142
5330 Use Of Medications (L) ............................................................................ 143
5330.01 Epinephrine Auto-Injectors (BP) ............................................................. 145
5331 Students With Special Dietary Needs (BP) ............................................. 147
5340 Student Accidents (BP) ........................................................................... 148
5340.01 Concussions And Athletic Activities (L) ................................................. 149
5341 Emergency Medical Authorization (BP) .................................................. 150
5410 Promotion, Placement, And Retention (BP) ........................................... 151
5420 Reporting Student Progress (BP) ........................................................... 152
5421 Grading (BP) ............................................................................................. 153
5451 Student Recognition (BP) ........................................................................ 154
5500 Student Conduct (BP) .............................................................................. 155
5511 Dress And Grooming (BP) ....................................................................... 156
5512 Use Of Tobacco By Students (BP) .......................................................... 157
5513 Care Of Academy Property (BP) ............................................................. 158
5514 Student Use Of Bicycles (BP) .................................................................. 159
5516 Student Hazing (L) ................................................................................... 160
5517 Anti-Harassment (L) ................................................................................. 161
5517.01 Bullying (L) ............................................................................................... 172
5520 Disorderly Conduct (BP) .......................................................................... 175
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 6 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
5530 Drug Free Environment (L) ...................................................................... 176
5532 Performance-Enhancing Drugs/Compounds (L) .................................... 177
5540 Interrogation Of Students (BP) ................................................................ 178
5600 Student Discipline (BP) ............................................................................ 179
5610 Emergency Removal, Suspension And Expulsion Of Students (L) .............................................................................................. 181
5630.01 Student Seclusion And Restraint (L) ...................................................... 189
5710 Student Grievance (BP) ........................................................................... 190
5730 Equal Access For Non-School-Sponsored Student Clubs And Activities (BP) ................................................................................... 191
5771 Search And Seizure (BP) ......................................................................... 193
5772 Possession Of Weapons (BP) ................................................................. 195
5780 Student/Parent Rights (BP) ..................................................................... 196
5830 Student Fundraising (BP) ........................................................................ 197
5850 Social Events (BP) ................................................................................... 198
5895 Student Employment (BP) ....................................................................... 199
6000 FINANCES
6000 Finances ................................................................................................... 200
6107 Authorization To Accept And Distribute Electronic Records And To Use Electronic Signatures (BP) .................................. 202
6110 Grant Funds (BP) ..................................................................................... 203
6146 Post-Issuance Compliance For Tax-Exempt And TaxAdvantaged Obligations (BP) .................................................................. 206
6151 Bad Checks (BP) ...................................................................................... 209
6152 Student Fees, Fines, and Supplies (BP) ................................................. 210
6210 Fiscal Planning (BP)................................................................................. 212
6220 Budget Preparation (BP) .......................................................................... 213
6230 Budget Hearing (BP) ................................................................................ 214
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 7 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
6231 Budget Implementation (BP) ................................................................... 215
6320 Purchasing (L) .......................................................................................... 216
6321 New School Construction, Renovation (L) ............................................. 219
6350 Prevailing Wage Coordinator .................................................................. 221
6420 Conflict of Interest - Legal Counsel, Advisors, or Consultants (L) ......................................................................................... 222
6423 Use of Credit/Debit Cards (BP) ................................................................ 223
6440 Cooperative Purchasing (BP) .................................................................. 224
6460 Vendor Relations (BP) ............................................................................. 225
6470 Payment of Claims (BP) ........................................................................... 226
6550 Travel Payment & Reimbursement (BP) ................................................. 227
6620 Petty Cash (BP) ........................................................................................ 228
6670 Trust And Agency Fund (BP) .................................................................. 229
6680 Recognition (BP) ...................................................................................... 230
6700 Fair Labor Standards Act (FLSA) (L) ...................................................... 231
6800 System of Accounting (BP) ..................................................................... 232
6850 Public Disclosure and Reporting (L) ....................................................... 234
7000 PROPERTY
7000 Property .................................................................................................... 237
7217 Weapons (L) ............................................................................................. 239
7230 Gifts, Grants, and Bequests (BP) ............................................................ 240
7310 Disposition Of Surplus Property (BP) ..................................................... 241
7410 Maintenance (BP) ..................................................................................... 242
7420 Hygienic Management (BP) ..................................................................... 243
7430 Safety Standards (BP) .............................................................................. 244
7434 Use of Tobacco on Academy Premises (L) ............................................ 245
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 8 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
7440 Facility Security (BP) ............................................................................... 247
7440.01 Video Surveillance and Electronic Monitoring (BP) ............................... 248
7450 Property Inventory (BP) ........................................................................... 251
7455 Accounting System for Fixed Assets (BP) ............................................. 252
7460 Conservation of Natural and Material Resources (BP) .......................... 254
7510 Use of Academy Facilities (BP) ............................................................... 255
7530 Lending of Academy-Owned Equipment (BP) ........................................ 256
7530.02 Staff Use of Personal Communication Devices (BP) ............................. 257
7540 Computer Technology and Networks (L) ................................................ 258
7540.01 Technology Privacy (BP) ......................................................................... 259
7540.02 Academy Web Page (BP) ......................................................................... 260
7540.03 Student Education Acceptable Use and Safety (L) ................................ 262
7540.04 Staff Network and Internet Acceptable Use and Safety (L) ................... 265
7540.05 Electronic Mail (BP) ................................................................................. 269
7540.07 Personal Internet Account Privacy - Students (L) ................................. 272
7540.08 Personal Internet Account Privacy – Staff (L) ........................................ 273
7541 Electronic Data Processing/Information System Disaster Recovery Plan (BP) .................................................................................. 275
7542 Access To Academy Technology Resources From Personal Communication Devices (BP) .................................................. 276
7543 Remote Access To The Academy's Network (BP) ................................. 278
7545 Electronic Communications (BP) ............................................................ 280
8000 OPERATIONS
8000 Property .................................................................................................... 281
8120 Iran Economic Sanctions Act Compliance (L) ....................................... 283
8142 Criminal History Record Check (L) ......................................................... 285
8210 Academy Calendar (BP) ........................................................................... 288
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 9 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
8220 School Day (BP) ....................................................................................... 291
8310 Public Records (L) ................................................................................... 292
8310.01 Enhanced Access To Public Records (L) ............................................... 294
8315 Information Management (BP) ................................................................ 295
8320 Personnel Files (BP) ................................................................................ 298
8321 Criminal Justice Information Security (Non-Criminal Justice Agency) (BP) ............................................................................... 299
8325 Receipt Legal Documents (BP) ............................................................... 305
8330 Student Records (L) ................................................................................. 306
8340 Letters Of Reference (BP) ........................................................................ 312
8350 Confidentiality (BP) .................................................................................. 313
8351 Breach Of Confidential Information (BP) ................................................ 314
8390 Animals On Academy Property (L) ......................................................... 315
8400 Academy Safety Information (L) ............................................................. 319
8401 Fire Safety And Fire Department Notification (L) ................................... 322
8405 Environmental Health And Safety Issues (L).......................................... 323
8405.01 Integrated Pest Management (L) ............................................................. 326
8410 Crisis Intervention (BP) ........................................................................... 328
8420 Emergency Situations At The Academy (BP) ......................................... 329
8431 Preparedness For Toxic Hazard And Asbestos Hazard (L) ................... 332
8442 Reporting Accidents (BP) ........................................................................ 335
8450 Control Of Casual-Contact Communicable Diseases (BP) .................... 336
8450.01 Pediculosis (Head Lice) (BP) ................................................................... 337
8452 Automatic External Defibrillators (AED) (BP) ......................................... 338
8453 Direct-Contact Communicable Diseases (BP) ........................................ 339
8453.01 Control Of Blood-Borne Pathogens (BP) ................................................ 341
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 10 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
8462 Student Abuse And Neglect (BP) ............................................................ 342
8500 Food Services (L) ..................................................................................... 343
8510 Wellness (L) .............................................................................................. 345
8510 Appendix F Board Resolution (L) ............................................................ 348
8531 Free and Reduced-Priced Meals (BP) ..................................................... 349
8540 Vending Machines (L) .............................................................................. 350
8660 Transportation By Private Vehicle (BP) .................................................. 351
8710 Insurance (BP) .......................................................................................... 352
8740 Bonding (BP) ............................................................................................ 353
8800 Religious And Patriotic Ceremonies And Observances (L) .................. 354
8900 Anti-Fraud (L) ........................................................................................... 356
9000 RELATIONS
9111 Telephone Communications (BP) ........................................................... 359
9120 Academy Information Program (BP) ....................................................... 360
9130 Public Complaints (BP) ............................................................................ 361
9150 Academy Visitors (BP) ............................................................................. 366
9160 Public Attendance At Academy Events (L) ............................................ 368
9211 Academy Support Organizations (BP) .................................................... 370
9250 Parent/Legal Guardian Review Of Instructional Materials And Observation Of Instructional Activities (L) ..................................... 372
9500 Relations With Educational Institutions and Organizations (BP) ........................................................................................................... 373
9555 Partnerships With Business (BP)............................................................ 374
9700 Relations With Special Interest Groups (BP) ......................................... 375
9700.01 Advertising And Commercial Activities (BP) ......................................... 378
9710 Volunteers (BP) ........................................................................................ 381
BOARD OF DIRECTORS TABLE OF CONTENTS THE NEW STANDARD page 11 of 11
Legend: L = Legally Required (if applicable) BP = Best Practice
© National Charter Schools Institute
L* These policies are only legally required if the Academy serves food to students and receives direct or indirect federal aid for the program.
Adopted August 18, 2015
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 1 of 10
© National Charter Schools Institute
GLOSSARY OF EDUCATIONAL TERMS AND ACRONYMS
The following terms and acronyms are used in the Academy policy and Administrative Guidelines and in communications with parents, students, and the public.
ASSESSMENT
The comparison made between what should have been accomplished and what has been actually accomplished. Concerning student learning, assessments make comparisons between what has been learned and what should have been learned.
ATTITUDE
One (1) of the five (5) major types of learning contained in courses of study, along with facts, concepts, principles, and skills. For example, students develop attitudes toward "doing quality work," "maintaining a clean environment," "participating in civic affairs," "not using drugs," etc.
CONCEPT
One (1) of the five (5) major types of learning involved in a course of study, along with attitudes, facts, principles, and skills. Students form an abstract idea by understanding the characteristics that are generally true of it. For example, triangle is the name for the concept of any plane, closed, geometric figure that has three (3) sides that form three (3) internal angles.
CONTENT
The name used to refer to all of the facts, concepts, principles, attitudes, and skills students are expected to learn in any course of study.
COURSE OF STUDY
An organized sequence of learning activities designed for students to acquire a body of knowledge, attitudes, and skills associated with a particular academic or vocational field. Course of Study activities may be scheduled over a semester, a school year, or several school years. Examples are a K-6 math program, 11th grade American History, or High School Science.
CRITERION (CRITERIA)
A feature or characteristic by which something or someone is measured or judged. For example, in judging a student's writing ability, some criteria that might be used are "organization," "originality of thought," "clarity of expression," "grammar," etc.
CURRICULUM
All the planned activities - formal and informal, individual and group, in and outside of the classroom – necessary to accomplish the educational goals of the Academy. (See Policy 2210)
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 2 of 10
© National Charter Schools Institute
DIAGNOSIS
A determination of the causes for a particular condition, usually based on an assessment or evaluation. Diagnosis deals with the question "What are the reasons for ....?" For example, a diagnosis might deal with the reasons students are or are not meeting expected learning goals.
EDUCATIONAL SERVICE PROVIDER
A Provider that manages or operates an Academy or provides administrative, managerial or instructional staff to the Academy.
EVALUATION
A value judgment made about an assessment. For example, if an assessment shows a student has satisfactorily achieved 90% of the objectives of a course, the evaluation (judgment) might be that the student's achievement is "excellent" or "better-than-average "or" superior."
FACT
One (1) of the five (5) major types of learning involved in a course of study, along with attitudes, concepts, principles, and skills. Facts are verified, specific pieces of information about an event, procedure, place, person, or object.
GOAL
An intention or expectation, stated or written, that requires several tasks to produce the desired result. Most goals involve the accomplishment of two or more related objectives.
IDEA
The Federal law that defines how states and local school systems will provide education for disabled children. IDEA (Individuals with Disabilities Act) usually referred to as special education or "special ed." Enforced by the Department of Education (DOE).
IEP
The acronym for Individualized Education Plan. An IEP is required for every student who is classified as eligible for special education by Federal and State criteria.
INSTRUCTION
The information, questions, and/or directions provided to students by teachers, books, computers, etc., so students may gain a particular skill, knowledge, attitude, or understanding.
LEADERSHIP
A five-step process of working with people, using certain knowledge, skills, and attitudes, combined with risk-taking, 1.) to envision a desired or needed outcome; 2.) to communicate to others so they participate willingly in the necessary tasks; 3.) to monitor progress toward the outcome; 4.) to reinforce and/or remediate actions; 5.) to evaluate the results.
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 3 of 10
© National Charter Schools Institute
MANAGEMENT
The process of organizing and maintaining needed resources (people, things, time, and money) and ensuring they are utilized appropriately for their intended purpose.
MEASUREMENT
A determination of the quantity and/or quality of something. In education, measurement is usually a determination (often by testing) of how much has been learned and/or how well it has been learned. Measurement is the necessary first step of an assessment and evaluation.
MISSION
The stated purpose or intent of a school or school system. A mission statement provides reasons for the school's existence.
MODEL
A program or project designed to demonstrate unique educational activities, structures, and/or organizations.
NORMS
A set of achievement levels attained by a given number or percentage of students from representative populations or areas of a state or the nation.
OBJECTIVE
An intended action or result in the process of achieving a goal. For students, learning objectives are usually the initial level of accomplishment toward the Academy's Educational Goals for Students. The next level is the achievement of Course of Study objectives, followed by the accomplishment of additional Courses of Study objectives, ultimately leading to the accomplishment of one (1) or more of the Academy's Educational Goals for Students.
OUTCOME
The situation that exists when one (1) or more goals have been achieved. In instructional plans, outcomes are usually stated in terms of expected accomplishment, while goals are usually stated in terms of intended actions. Both emanate from the Mission Statement.
PARENT
The natural or adoptive parents, or individuals with a valid power of attorney for the care and custody of the student for purposes other than educational placement. Parent also refers to any individual appointed by the State or court as a legal guardian or custodian for the student. Both parents will have equal access to records and rights regarding the student's education absent a court order restricting such rights.
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 4 of 10
© National Charter Schools Institute
PILOT
A tryout or trial run of a new or innovative program or activity before making a major, long-term commitment.
PLACEMENT
The assignment of a student to another group, grade, program, or course, for reasons other than educational achievement.
PLAN
An intentional series of actions designed to accomplish an objective or goal. A plan usually lists the objective or goal first, then describes needed resources, appropriate actions and timelines, potential problems, and procedures for monitoring progress.
PRINCIPLE
One (1) of the five (5) major learnings involved in a course of study, along with attitudes, concepts, facts, and skills. Principles define cause-effect relationships in the natural and social sciences, mathematics, and other subject areas.
PROGRAM
A series of related, planned activities designed to accomplish one or more stated purposes.
PROMOTION
The advancement of a student from one level of learning to a higher level of learning usually by assignment to a higher group, grade, program, or course.
RELIABILITY
In education, the consistent measurement of the same learning among different students on test questions or a test as a whole.
RETENTION
The decision to have a student remain at his/her current level for an additional semester or school year, because the student lacks knowledge or skills needed for further learning and/or exhibits emotional or social immaturity.
SCHOOL LEADER
The educational leader and head administrator of one (1) or more schools or programs, as designated by the Educational Service Provider/Board of Directors. The School Leader is responsible for the supervision of the school or program consistent with Board policy and directives of the Educational Service Provider/Board of Directors and may delegate responsibility to subordinates as appropriate.
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 5 of 10
© National Charter Schools Institute
SCOPE
A curriculum term that refers to both the length of a particular course of study and to the amount and types of learnings to be developed from beginning to end.
SECTION 504
The section of the Rehabilitation Act of 1973 that includes requirements for employment and education of disabled persons. Section 504 is enforced by the Office of Civil Rights (OCR).
SEQUENCE
A curriculum term correlated to SCOPE. Sequence describes the order in which learnings will be developed throughout a course of study.
SKILL
One (1) of the five (5) major types of learning involved in a course of study, along with attitudes, facts, concepts, and principles. A skill involves taking certain actions and producing a particular result at a given standard of quality. A skill is acquired through repeated practice, interspersed with clear, concise feedback on what to change and what to maintain in order to improve the result.
STANDARDIZED TEST
A test containing questions and/or problems designed by educators outside of the district rather than by the students' teachers. A standardized test has State or national norms by which to judge the level of each student's achievement.
STANINE
A term used in reporting standardized test results. Stanine refers to one (1) of nine (9) possible levels of performance on the test.
TEST
Questions, problems, or activity directions, designed to determine what students have learned in the way of attitudes, facts, concepts, principles, and/or skills. A test may also be used to determine how much or how well students can apply what they have learned.
UNDERSTANDING
A level of knowledge beyond memorization or rote that enables a student to explain what s/he has learned and/or to apply knowledge in new and unfamiliar situations.
VALIDITY
In education, how well test items or a test as a whole actually measures what is intended to be measured or needs to be measured. (See RELIABILITY).
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 6 of 10
© National Charter Schools Institute
ACRONYMS
The following acronyms are used in the Academy policy and Administrative Guidelines and in communications with parents, students, and the public.
A
ACH – Automatic Clearing House
ADA – Americans with Disabilities Act of 1990
AED – Automatic External Defibrillator
AEP – Alternative Education Program
AFS – American Field Service, International/Intercultural Programs
AIDS – Acquired Immunodeficiency Syndrome
ARO - Academy Records Officer
AYP – Adequate Yearly Progress
B
C
CDL – Commercial Drivers License
CEPI – Center for Educational Performance and Information
CFR – Citations to the Federal Register are noted as to the Code of Federal
Regulations as CFR, and to the United States Code as USC
COR – Custodian of Records
CPA – Certified Public Accountant
CPR – Cardiopulmonary Resuscitation
CTE – Career and Technical Education
D
DHS – Department of Human Services (formerly FIA and DSS)
DOE –Department of Education (Federal)
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 7 of 10
© National Charter Schools Institute
E
ECD – Electronic Communication Device
EDP – Education Development Plan
EIP – Emergency Intervention Plan
EMS – Emergency Medical Services
ESI – Emergency Safety Intervention
EPA – Environmental Protection Agency
ESP – Educational Service Provider
ETO – Electronic Transfer Officer
F
FAPE – Free and Appropriate Public Education
FERPA – Federal Educational Rights and Privacy Act
FMLA – Family and Medical Leave Act
FOIA – Freedom of Information Act
FSA – Flexible Spending Accounts (Health Care)
FTE – Full Time Equivalent (Student Attendance)
FBA – Functional Behavioral Assessment
G
GAA – General Appropriations Act
GAAB – Generally Accepted Accounting Bulletin
GAAP – Generally Accepted Accounting Principles
GED – General Education Diploma
GPA – Grade Point Average
H
HACCP – Hazard Analysis Critical Control Point
HAV – Hepatitis A
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 8 of 10
© National Charter Schools Institute
HBV – Hepatitis B
HCV – Hepatitis C
HIPAA – Health Insurance Portability and Accountability Act of 1996
HIV – Human Immunodeficiency Virus
HTML – Hyper Text Mark Up Language
HVAC – Heating Ventilating Air Conditioning
I
ICHAT – Internet Criminal History Access Tool
IDEA – Individuals with Disabilities Education Act
IEP – Individualized Education Plan
IEPT – Individualized Education Planning Team
IEQ – Indoor Environmental Quality
IIS – Indentix Identification Services
IPM – Integrated Pest Management
ISD – Intermediate School District
J
K
L
LEA – Local Education Agency
LEIN – Law Enforcement Information Network
LEP – Limited English Proficient
LRE – Least Restrictive Environment
M
MCLA – Michigan Compiled Laws Annotated
MDCH – Michigan Department of Community Health
MDCIS – Michigan Department of Consumer and Industry Services
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 9 of 10
© National Charter Schools Institute
MDE – Michigan Department of Education
MEAP – Michigan Education Assessment Program
MEIS – Michigan Educational Information System
MHSAA – Michigan High School Athletic Association
MMC – Michigan Merit Curriculum
MME – Michigan Merit Examination
MOSHA – Michigan Occupational Safety Health Act
MPG – Michigan Promise Grant
MPSERS – Michigan Public School Employment Retirement System (MPSERS)
MRO – Medical Review Officer
MSDS – Material Safety Data Sheets
MSP – Michigan State Police
N
NAEP – National Assessment of Educational Progress
NASSP – National Association of Secondary School Principals
NCLB – No Child Left Behind (Federal legislation of 2001)
O
OCR – Office of Civil Rights
OCTP – Office of Career and Technical Preparation
OSHA – Office of Safety and Health Administration
OTC – Over the Counter
P
PBS – Positive Behavior Support
PBSP – Positive Behavior Support Plan
PPE – Personal Protection Equipment
PSA – Public School Academy
BOARD OF DIRECTORS GLOSSARY THE NEW STANDARD page 10 of 10
© National Charter Schools Institute
PTA – Parent Teacher Association (Usually affiliated with the National Organization)
PTO – Parent Teacher Organization (Usually do not pay dues to a National Organization)
Q
R
RFP – Request for Proposal
RHO – Records Hearing Officer
S
SAT – Scholastic Aptitude Test
SEAB – Sex Education Advisory Board
SRO – School Resource Officer
STD – Sexuality Transmitted Disease
T
TAF – Trust and Agency Fund
TDP – Deferred Payment (TDP) Plan (MPSERS)
THP – Toxic Hazard Preparedness
U
USAS – Uniform School Accounting System
USC – United States Code
USDA – United States Department of Agriculture
USIA – United States Information Agency
V
W
X
Y
Z
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0000 - page 11
0000 BOARD OPERATING POLICY
0100 Definitions .................................................................................................. 13
0110 Official Description .................................................................................... 16 0111 Name ................................................................................................ 16 0112 Purpose ............................................................................................ 16 0115 Address ............................................................................................ 16
0120 Powers and Philosophy ............................................................................. 17 0122 Board Powers (L) .............................................................................. 17
0130 Functions .................................................................................................... 20 0131 Legislative ........................................................................................ 20 0131.1 Charter Contract Bylaws and Board Operating Policies ............................................................................ 20 0132 Executive .......................................................................................... 20 0132.2 Selection of Educational Service Provider ....................... 20 0132.2 Administrative Procedures (BP) ....................................... 21 0133 Judicial ............................................................................................. 21
0140 Membership ................................................................................................ 22 0141 Number............................................................................................. 22 0142 Appointment ..................................................................................... 22 0142.1 Term................................................................................ 22 0142.2 Oath ................................................................................ 22 0142.3 Vacancies (BP) ............................................................... 22 0142.31 Filling a Board Vacancy (BP) ........................................... 22 0142.4 Orientation (BP) .............................................................. 22 0143 Authority ........................................................................................... 23 0143.1 Public Expression of Board Members (BP) ...................... 23 0144 Operations ........................................................................................ 24 0144.1 Compensation ................................................................. 24 0144.11 Reimbursement of Expenses (L) ..................................... 24 0144.2 Board Member Ethics (BP) .............................................. 25 0144.3 Conflict of Interest (L) ...................................................... 26 0144.4 Indemnification (BP) ........................................................ 28 0145 Discriminatory Harassment ............................................................... 29
0150 Organization ............................................................................................... 30
0160 Meetings ..................................................................................................... 32 0161 Parliamentary Authority .................................................................... 32 0162 Quorum ............................................................................................ 32 0163 Presiding Officer ............................................................................... 32 0164 Call ................................................................................................... 32 0164.1 Regular Meetings ............................................................ 32 0164.2 Special Meetings ............................................................. 32 0164.3 Emergency Meetings ....................................................... 32 0165 Notice (BP) ....................................................................................... 33 0165.1 Posting Notice of Regular Meetings (BP) ........................ 33
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0000 - page 12
0165.2 Change of Regular Meetings (BP) ................................... 33 0165.3 Posting Notice of Special Meetings (BP) ......................... 33 0165.4 Posting Notice of Emergency Meetings (BP) ................... 33 0166 Agenda ............................................................................................. 34 0166.1 Consent Agenda ............................................................. 34 0167 Conduct ............................................................................................ 35 0167.2 Closed Session ............................................................... 36 0167.3 Public Participation at Board Meetings ............................ 36 0167.4 Administrative Participation (BP) ..................................... 38 0167.5 Use of Electronic Mail (BP) .............................................. 38 0168 Minutes (BP) ..................................................................................... 39 0168.1 Open Meeting (BP) .......................................................... 39 0168.3 Committee Meetings (BP) ............................................... 40 0169 Student Disciplinary Hearings (BP) ................................................... 40 0169.1 Closed Session Requested (BP) ..................................... 40 0169.2 Open Hearing (BP) .......................................................... 41
0170 Duties .......................................................................................................... 43 0171 Officers ............................................................................................. 43 0171.1 President ......................................................................... 43 0171.2 Vice-President ................................................................. 43 0171.3 Secretary ......................................................................... 43 0171.4 Treasurer ........................................................................ 43 0172 Legal Counsel (BP) .......................................................................... 43 0173 Independent Auditor (BP) ................................................................. 43 0175 Association Memberships (BP) ......................................................... 44 0175.1 Board Conferences, Conventions, and Workshops (BP) ................................................................................. 44
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0100 - page 13
DEFINITIONS
The operating policy of the Board of the Academy incorporates quotations from the laws and administrative code of the State of Michigan. Such quotations may be substantively altered only by appropriate legislative, judicial, or administrative action.
Citations to Michigan Compiled Laws (MCL) are shown as MCL followed by the Section Number (e.g., MCL 380.1438). Citations to the Michigan Administrative Code are prefaced AC Rule (e.g., AC Rule R380.221). Citations to the Federal Register are noted as FR, to the Code of Federal Regulations as CFR, and to the United States Code as USC. Whenever the following items appear in these policies, they shall have the meaning explained below:
Administrative Procedure
A policy-based statement, usually written, outlining and/or describing the means by which a policy should be implemented and providing for the management cycle of planning, acting, and assessing or evaluating.
Authorizer or Authorizing Body
The governing boards of four different types of public educational entities (school boards, intermediate school boards, community college boards, governing boards of state public universities), empowered to issue contracts for the creation of public school academies, subject to certain limitations. The Michigan Revised School Code (RSC) designates the authorizer or authorizing body.
Board
The Board. (See Charter Contract Bylaws)
Board Operating Policy
Rules of the Board for its own governance. (See Charter Contract Bylaws)
Charter Contract
The executive act taken by an authorizer or authorizing body, establishing a public school academy. Subject to the constitutional powers of the State Board of Education (BOE) and applicable law, the charter contract is the written instrument executed by an authorizing body, conferring certain rights, franchises, privileges, and obligations on a public school academy (PSA).
Due Process
An established, rule-based procedure for hearing evidence, based on prior knowledge (a posted discipline code), notice of offense (accusation), and the opportunity to respond. Due process may require the right to counsel and/or confrontation or cross examination of witnesses, depending upon the situation.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0100 - page 14
ESP
(An Educational Management Company which provides services as specified in the contract between the Board and the Company). The ESP is responsible to the Board and through its employees to implement the policies of the Board. Unless specified by contract, all other functions are the responsibility of the Board.
ESP Employee
All employees of the ESP, both certificated and non-certificated, working in the school who provide service to the Academy's program or administration.
Full Board
Authorized number of voting members entitled to govern the Academy, as established by the authorizer.
May
The word used when an action by the Board, or its designee, is permitted, but not required.
Meeting
Any gathering attended by, or open to, all of the members of the Academy's Board. A meeting is held with the intent on the part of the members of the body present to discuss or act as a unit upon the specific public business of that body.
Parent
The natural, adoptive, or surrogate parent(s) or the party designated by the courts as the legal guardian or custodian of a student. Both parents will be considered to have equal rights, unless a court of law decrees otherwise and a copy of such order is on file with the Academy.
Policy
A general statement written by the governing Board that defines its expectations or position on a particular matter. A policy also authorizes appropriate action that must or may be taken to establish and/or maintain the Board's expectations.
President
The official leader of the Board. In addition to the responsibilities listed in "Duties of President," contained in the Charter Contract Bylaws and Articles of Incorporation, the President has the authority to sign, execute, and acknowledge, on behalf of the Board, all deeds, mortgages, bonds, contracts, leases, reports, and all other Board-approved documents.
Relative
The mother, father, sister, brother, spouse, parent of spouse, child, grandparents, grandchild, or dependent in the immediate household, as defined in the policy covering this subject.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0100 - page 15
School/Academy
This public school academy (PSA).
School Leader
The administrator employed by the Board (or ESP) and responsible for the daily operations of the PSA and the implementation of the policies of the Board. The school leader may delegate appropriate duties assigned by the Board (or ESP).
Secretary
The chief clerk of the Board. (See Charter Contract Bylaws.)
Shall
This word appears when an action by the Board or its designee is required; the words will and must also signify a required action.
Student
A person officially enrolled at the PSA.
Support Employee
An employee who provides support to the Academy's program, professional staff, and Administration, whose position does not require professional certification.
Treasurer
The chief financial officer of the Academy. (See Charter Contract Bylaws)
Vice-President
The Vice-President of the Board. (See Charter Contract Bylaws)
Voting
The act of taking a vote at a meeting of the Board. The law requires Board members to be physically present to have their vote officially recorded in the Board minutes.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0110 - page 16
OFFICIAL DESCRIPTION
0111 Name
The Board of this school shall be known officially as the Board.
0112 Purpose
The reason the Academy exists is to provide a system of free, public education for children, as authorized in the Charter Contract. The Board exists to supervise the Academy, as set forth in the Charter Contract.
0115 Address
The physical location of the Academy, the official address of the Academy, shall be 2040 W. Carpenter Road, Flint, Michigan, 48505 and the official name of the Academy shall be The New Standard.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0120 - page 17
POWERS AND PHILOSOPHY
Reference: MCL 380.503, 380.504a, 380.1225, 423.217
0121 Authority
Reference: MCL 380.1201 et seq.
The supervision of the Academy shall be conducted by the Board, hereinafter referred to as the Board, constituted and governed by the laws of the State of Michigan and the Charter Contract.
0122 Board Powers
A. The Academy shall operate as a public school academy, pursuant to the provisions of the Charter Contract and applicable laws. The Board has all of the rights, powers, and duties expressly stated in the law and the Charter Contract. The Board may exercise power incidental to, or appropriate to, the operation of the Academy, including, but not limited to, all of the following:
B. Educate students. In addition to educating students in the grades and subjects authorized in the Charter Contract, the Board may operate preschool, adult education, and GED testing preparation programs, if specified in the Charter Contract.
C. Provide for the safety and welfare of students while at the Academy, at an Academy-sponsored activity, or while en route to, or from, the Academy or an Academy-sponsored activity.
D. Acquire, construct, maintain, repair, renovate, dispose of, or convey Academy property, facilities, equipment, technology, or furnishings.
E. In accordance with its Charter Contract: to hire, contract for, schedule, supervise, or terminate employees, independent contractors, and others to carry out Academy operations. The Board may contract with an ESP to provide educational, administrative and other services and to exercise certain of said powers. The rights, responsibilities and obligations of the school and the ESP are set forth in the agreement between the Board and the ESP. The Academy's policies and procedures are not intended to modify any of the terms of such a contract.
F. Receive, account for, invest, or expend Academy money; borrow money and pledge Academy funds for repayment; and qualify for State-School Aid and other public or private money from local, regional, State, or Federal sources.
The Board may enter into agreements or cooperative arrangements with other entities, public or private, and may join organizations that assist in performing the functions of the Academy in accordance with its Charter Contract and applicable law.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0120 - page 18
The Academy is a corporate body governed by a Board. An act of this Board is not valid unless approved by a majority vote of the Directors of the Academy present at a noticed meeting at which a quorum is present.
The Board has authority, based on statute, to make decisions or delegate some its decision-making authority to an ESP, regarding the following subjects:
The starting day for the school year and the amount of student contact time to receive full State school aid.
The composition of the Academy's site-based, decision-making groups or school-improvement committee(s).
Contracting with outside parties for non-instructional support services including the procedures for obtaining a contract, the identity of the outside party, and the impact on individual staff members.
Use of volunteers.
Decisions regarding the use of experimental or pilot programs including staffing, use of technology, provision of the technology, and the impact on individual staff members.
Compensation or reimbursement of a staff member for monetary penalties imposed on the staff member under M.C.L. 423.201, 202, 206, and 215 (if the Board employs staff).
Any decision regarding the placement of teachers, or the impact of that decision on an individual employee (if the Board employs staff).
Decisions about the development, content standards, procedures, adoption and implementation of a performance evaluation system under M.C.L. 380.1249 for teachers and administrators. .
Decisions concerning the content of a teacher or administrator performance evaluation or the impact of such decision (if the Board employs staff).
Decisions concerning the classroom observation of an individual teacher, and the impact of such decision on an individual teacher (if the Board employs staff).
Decisions about the development, content, standards, procedures, adoption and implementation of the method of performance-based compensation for teachers and administrators in accordance with M.C.L. 380.1250.
Decisions about the role of performance evaluation in determining the performance-based compensation for teachers and administrators (if Board employs staff).
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0120 - page 19
Any requirement that would violate section 10(3), M.C.L. 423.210(3), (the requirement not to require union membership or the payment of dues, fees or charitable contributions in lieu of dues).
Decisions about the development, format, content, and procedures of the notification to parents and legal guardians required under M.C.L. 380.1249a (the requirement to make the notifications is effective with the 2015-2016 school year).
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0130 - page 20
FUNCTIONS
Reference: MCL 450.2223, 450.22310131
0131 Legislative
0131.1 Charter Contract Bylaws and Board Operating Policies
Policies not dictated by statute or rules of the State Department of Education, ordered by the State Board of Education, or directed by the Superintendent of Public Instruction or a court of competent authority may be adopted, amended, repealed, or suspended at any meeting of the Board.
The adoption, modification, repeal, or suspension of an Academy’s policy shall be recorded in the minutes of the Board meeting. All policies shall appear in the Board Policy manual. Any policy or part of a policy superseded by a term in the Charter Contract shall no longer be in force or effect as a policy.
Board policies neither dictated by the statutes or rules of the State of Michigan nor ordered by either the Charter Contract of the authorizing institution or a court of competent authority may be adopted, amended, and repealed at any meeting of the Board except upon a vote and with compelling reasons, the Board may adopt, amend, or suspend board policy contained herein, provided the amendment, adoption, or suspension does not conflict with the law or the Academy’s Charter Contract. Any resolution that adopts, amends, or suspends a Board policy under this provision shall expire automatically at the next public meeting of the Board, unless the Board moves to adopt the resolution in final form.
Bylaws and policies shall be adopted, amended, repealed or suspended by a majority vote of the Board. Periodically, it may be deemed necessary to make technical corrections to policies that have already been adopted through normal procedures. These technical corrections may include statutory references, scrivener’s errors, renumbering that does not change the order of the sections or subsections, grammatical corrections or additions including punctuation or typographical errors, as well as alterations and omissions not affecting the construction or meaning of any sections, subsections, chapters, titles, or policies as a whole. Technical corrections may also include the updating of the named individuals in these policies where the originally named individual no longer works for the Academy or no longer works in the applicable position. Should the Board choose to make such technical corrections, it may be accomplished by resolution without going through normal policy adoption procedures. The Board may adopt, amend, or repeal rules of order for its own operation by simple resolution of the Board passed by a majority of those present and voting. 0132 Executive
0132.2 Selection of the Educational Service Provider (ESP)
The Board shall exercise its executive power, in part, by contracting with an ESP, who shall enforce the statutes of the State of Michigan, the rules of the State
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0130 - page 21
Department of Education, the terms of the Charter Contract, and the policies of the Board, in accordance with the agreement between the Board and the ESP.
0132.2 Administrative Procedures
The Board shall delegate to the ESP the responsibility to specify required actions and design the detailed arrangements under which the Academy will operate. These detailed arrangements shall constitute the Administrative Procedures governing the Academy and shall be consistent with State of Michigan statutes or regulations of the State Department of Education, the policies of this Board, the provisions of the Charter Contract, and the contractual agreement with the ESP.
When issued and approved, such Administrative Procedures shall be binding on staff and students of the Academy.
The Board shall delegate authority to the ESP to take necessary action in circumstances not provided for in Board policy or Administrative Procedures, provided such action, if material, shall be reported to the Board at the next meeting following such action.
0133 Judicial
The Board may delegate jurisdiction to the ESP over any dispute or controversy arising within the Academy and concerning any matter in which authority has been vested in the Board, by statute, rule, contract, or policy of this Board, except where such delegation is prohibited by law. However, the Board reserves its right to legal redress in any and all matters concerning the Academy.
In furtherance of its adjudicatory function, the Board may hold hearings to offer the parties in a dispute, on notice duly given, a fair and impartial forum for the resolution of the matter.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 22
MEMBERSHIP
0141 Number
The members of the Board shall consist of the number established within the provisions of the Charter Contract.
0142 Appointment
0142.1 Term
Each Board member shall be appointed for a term, the length of which is set by the Charter Contract.
0142.2 Oath
A promise to faithfully serve on the Board shall be made by each newly appointed or reappointed Board member. Each Board member must file an oath of office within the timelines established in the Charter Contract and state statute.
0142.3 Vacancies
(See Provision of the Charter Contract Bylaws.)
0142.31 Filling a Board Vacancy
(See Provision of the Charter Contract Bylaws.)
0142.4 Orientation
The preparation of each Board member for the performance of Board duties is essential to the effective functioning of the Board. The Board shall encourage each new Board member to understand the functions of the Board, acquire knowledge of matters related to the operation of the Academy, and learn Board procedures. Accordingly, in conjunction with the Authorizer and Educational Service Provider, the Board shall give copies of the following items to new Board members no later than their first regular meeting as a Board members for their use and possession during their term on the Board:
A. the Charter Contract;
B. the ESP contract, if applicable;
C. the Board Policies Manual;
D. the current budget statement, audit report, and related fiscal materials;
E. the student handbook;
F. the staff handbook;
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 23
G. the Open Meetings Act; and
H. other materials, as deemed appropriate by the Board.
Each new Board member shall be invited to meet with the Board President, Educational Service Provider representative, School Leader (employed by the Board), and Business Manager to discuss Board functions, policies, procedures, and provisions of the Charter Contract. The Board shall encourage the attendance of each new Board member at orientation and training meetings.
0143 Authority
Reference: MCL 15.261 et seq.
Individual members of the Board do not possess the powers that reside in the Board. The Board speaks through approval of actions reflected in its minutes, not through individual members. An act of the Board shall not be valid unless approved by majority vote of the Directors present at a meeting at which a quorum is present. (See Charter Contract Bylaws.)
No member of the Board shall be denied documents or information to which s/he is legally entitled and that are required in the performance of her/his duties as a Board member.
Since the staff of the Academy are employees of the Educational Service Provider, access to Academy personnel records, if appropriate, shall be subject to the following rules:
A. Information obtained from employee personnel records by members of the Board shall be used only to help the members fulfill their legal responsibilities regarding such matters as appointments, assignments, promotions, demotions, remuneration, discipline, and dismissal; develop and implement personnel policies; and carry out other legal responsibilities of the Board. Privacy of employee personnel records will be the responsibility of the ESP.
B. Any examination of Academy employee personnel records by the Board shall be conducted in accordance with the Open Meetings Act.
C. Personnel records, in their entirety, shall be returned to the custody of the ESP at the conclusion of the Board meeting.
0143.1 Public Expression of Board Members
The Board President, with the proper designation of the Board, functions as the official spokesperson for the Board. Occasionally, however, individual Board members may make public statements on Academy matters to local media and to local and/or state officials.
Sometimes such statements imply, or the readers (listeners) infer, that the opinions expressed or statements made are the official positions of the Board. The misunderstandings that can result from these incidents can embarrass both
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 24
the Board member and the Board. Therefore, when writing or speaking on Academy matters to the media, legislators, and other officials, Board members should make it clear that their views do not necessarily reflect the views of the Board or those of their colleagues on the Board.
This policy shall apply to all statements and/or writings by individual Board members that are not explicitly sanctioned by a majority of its members, except as follows:
A. correspondence, such as legislative proposals, when the Board member has received official guidance from the Board on the matters discussed in the letter;
B. routine (not for publication) correspondence of the ESP and/or other employees;
C. routine "thank you" letters of the Board;
D. statements by Board members on non-school matters (providing the statements do not identify the author as a member of the Board); or
E. personal statements not intended for publication.
0144 Operations
0144.1 Compensation
Board members shall not receive annual compensation for service as a Board Member.
0144.11 Reimbursement of Expenses
Reference: MCL 380.1254; MCL 388.1764b
The Board shall pay, or cause to be paid, the actual and necessary expenses of members and Educational Service Provider employees in the discharge of official duties or in the performance of functions authorized by the Board. The expenditure shall be a public record and made available to a person upon request.
The Board shall approve payment of an expense incurred by a Board member only if either (1) the Board, by a majority vote of its members at an open meeting, approved reimbursement of the specific expense before the expense was incurred, or (2) the expense is consistent with the following policy, and the Board approves the reimbursement before it is actually paid:
The following categories of expenses shall be reimbursable:
A. Mileage for Board-related activities and meetings, not to exceed the then- current rate established by the Internal Revenue Service;
B. Expenses of attending a Board-approved conference, including fees, parking, mileage, meals and housing
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 25
C. Expenses related to purchase of printed or other materials relating to Board membership; and
D. Expenses of attending a community or Academy-related event, if the individual attends as the designated representative of the Board. The following categories of expenses shall not be reimbursable:
A. Expenses of attending a community or Academy-related event, if the individual attends as a private citizen;
B. Entertainment expenses; and
C. The purchase of alcoholic beverages.
A voucher detailing the amount and nature of each expense must be submitted to the Academy Board for approval at a Board meeting, prior to reimbursement.
0144.2 Board Member Ethics
Reference: Board of Directors, National School Boards Association
Members of the Board will strive to improve public education. To that end, Board members will do the following:
A. attend all regularly scheduled and special Board meetings, insofar as possible, and stay informed concerning the issues to be considered at those meetings;
B. endeavor to make policy decisions only after full discussion at publicly held Board meetings;
C. render all decisions based on the available facts and independent judgment, refusing to surrender that judgment to individuals or special interest groups;
D. encourage the free expression of opinion by all Board members and seek systematic communications among the Board and students, staff, and all elements of the community;
E. work with other Board members to establish effective Board policies and delegate authority for the administration of the Academy;
F. communicate to other Board members, ESP expressions of public reaction to Board policies and Academy programs;
G. inform themselves concerning current educational issues through individual study and participation in programs, which provide relevant information;
H. support the employment of persons best qualified to serve as staff, and insist on regular and impartial evaluations of all staff;
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 26
I. avoid conflict of interest and refrain from using the Board position for personal or partisan gain;
J. take no private action that may compromise the Board or administration and respect the confidentiality of information that is privileged under applicable law;
K. remember that their first and greatest concern must be for the educational welfare of the students attending the Academy.
0144.3 Conflict of Interest
Reference: MCL 15.32(3); 380.1203, 380.634, 450.2545, 450.2546
Board members shall perform their official duties free from any conflict of interest. To this end, no Board member shall use his/her position as a Board member to benefit either himself/herself or any other individual or agency, apart from the total interest of the Academy.
When a member of the Board suspects the possibility of a personal interest conflict, s/he should disclose his/her interest (such disclosure shall become a matter of public record in the minutes of the Board) and thereafter abstain from any participation in both the discussion of the matter and the vote thereon.
If a Board member's financial interest pertains to a proposed contract with the Academy, the following requirements must be met:
A. The Board member shall disclose the financial interest in the contract to the Board with such disclosure made a part of the official Board minutes. If her/his direct financial interest amounts to $250 or more, or five percent (5%) or more of the contract cost to the Academy, the Board member shall make the disclosure in one of two (2) ways:
1. In writing, to the Board president (or, if the member is the Board President, to the Board Secretary) at least seven (7) days prior to the meeting at which the vote on the contract will be taken. The disclosure shall be made public in the same manner as the Board's notices of its public meetings. (See Board Operating Policy 0165.)
2. By verbal announcement at a meeting at least seven (7) days prior to the meeting at which a vote on the contract is to be taken. The Board member must use this method of disclosure if his/her financial interest amounts to $5,000 or more.
B. Any contract in which there is a conflict of interest, as defined by this Policy and the related statute (MCL 15.321 et seq.), must be approved by a vote of not less than two-thirds (2/3) of the full Board (excluding the vote of any Board member with a financial interest).
C. A member of the Board is presumed to have a conflict of interest if the member or his/her family member has a financial interest, or a competing financial interest, in the contract or other financial transaction or is an employee of the Academy.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 27
Having a child in the Academy does not alone constitute a conflict of interest or financial interest in a contract or other financial transaction of the Academy.
"Family member" means a person's spouse or spouse's sibling or child; a person's sibling or sibling's spouse or child; a person's child or child's spouse; or a person's parent or parent's spouse, and includes these relationships as created by adoption or marriage.
1. A Board member is not considered to have a financial interest in any of the following instances:
a. A contract or other financial transaction between the Academy and any of the following:
i. A corporation in which the individual is a stockholder owning 1% or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owning stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.
ii. A corporation in which a trust, if the individual is a beneficiary under the trust, owns 1% or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owns stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.
iii. A professional limited liability company organized pursuant to the Michigan limited liability company act, if the individual is an employee but not a member of the company.
b. A contract or other financial transaction between the Academy and any of the following:
i. A corporation in which the individual is not a director, officer, or employee.
ii. A firm, partnership, or other unincorporated association, in which the individual is not a partner, member, or employee.
iii. A corporation or firm that has an indebtedness owed to the individual.
c. A contract awarded to the lowest qualified bidder, upon receipt of sealed bids pursuant to a published notice for bids if the notice does not bar, except as authorized by law, any qualified person, firm, corporation, or trust from bidding. This does not apply to any amendments or renegotiations of a contract or to additional payments under the contract that were not authorized by the contract at the time of award.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 28
If the financial interest pertains to a proposed contract with the Academy, the following requirements must be met:
2. The Board member shall disclose the financial interest in the contract to the Board with such disclosure made a part of the official Board minutes. If her/his direct financial interest amounts to $250 or more or five percent (5%) or more of the contract cost to the Academy, the Board member shall make the disclosure in one of two (2) ways:
a. In writing, to the Board president (or if the member is the Board president, to the Board secretary) at least seven (7) days prior to the meeting at which the vote on the contract will be taken. The disclosure shall be made public in the same manner as the Board's notices of its public meetings. (See Bylaw 0165.)
b. By announcement at a meeting at least seven (7) days prior to the meeting at which a vote on the contract is to be taken. The Board member must use this method of disclosure if his/her financial interest amounts to $5000 or more.
3. Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L. 380.1203) must be approved by a majority vote of the full Board without the vote of any Board member with a financial interest.
However, if a majority of the members of the Board are required to abstain from voting on a contract or other financial transaction due to a financial interest, then for the purposes of that contract or other financial transaction, the members who are not required to abstain constitute a quorum of the board and only a majority of those members eligible to vote is required for approval of the contract or financial transaction.
D. The official minutes of the Board must disclose the name of each party involved in the contract, the nature of the financial interest, and the terms of the contract, including the duration; financial consideration between the parties; facilities or services of the Academy included in the contract; and the nature and degree of assignment of school staff needed to fulfill the contract.
E. A Board member with a conflict of interest in a contract may not participate in the discussion of, nor vote, on the contract.
F. Board members shall not accept any money, goods, or services from any person who does business or seeks to do business of any kind with the Academy.
0144.4 Indemnification
Reference: MCL 691.1408, 450.2561 – 2569
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0140 - page 29
The Board may hold Directors and Officers harmless and may indemnify, pay, settle, or compromise a judgment against a Board member to the extent allowed under the law. The Board may also purchase Errors and Omissions insurance coverage for the Board.
0145 Discriminatory Harassment
Reference: MCL 37.1101 et seq., 37.2101 et seq.
The intent of the Board is to provide an environment that fosters the respect and dignity of each person. To this end, the Board is committed to the maintenance of an environment free of harassment and intimidation.
Sexual harassment includes all un-welcomed sexual advances, requests for sexual favors, and verbal or physical contacts of a sexual nature, whenever submission to such conduct is made a condition of employment or a basis for an employment decision. Other prohibited conduct includes that which has the purpose or effect of creating an intimidating, hostile, discriminatory, or offensive environment on the basis of gender, religion, race, color, national origin or ancestry, age, disability, height, weight, marital status, and/or any other legally protected characteristic.
The harassment of a student, staff member, or third party (e.g., visiting speaker, athletic team member, volunteer, parent, etc.) is strictly forbidden. Any person who violates this policy will be subject to discipline, in accordance with the law.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0150 - page 30
ORGANIZATION
0151 Annual Organizational Meeting
Each year the Board shall conduct an organizational meeting to elect officers. (See Provision of the Charter Contract Bylaws.)
0152 Officers
(See Provision of the Charter Contract Bylaws.)
0154 Annual Organizational Meeting Agenda (Motions)
At the annual organizational meeting, the Board shall use the following agenda:
A. Call to order and roll call
B. Business items: Election of Officers
C. Adoption of calendar of regularly scheduled Board meeting dates and times
D. Adoption of resolution designating public places to post calendar and individual meeting notices of regularly scheduled and special meeting dates for the Board
E. Adoption of a resolution designating the depository for Board funds
F. Adoption of a resolution designating principal print media sources
G. Adoption of a resolution designating Board members and personnel eligible to sign checks
H. Adoption of resolution authorizing the ESP and/or other personnel authorized to negotiate and implement contracts with service providers (vendors)
I. Adoption of the school year calendar
J. Appointment of Title IX, Freedom of Information, and Civil Rights Coordinators
K. Appointment (or reappointment) of Legal Counsel
L. Appointment (or reappointment) of External Auditor
M. Appointment of Electronic Transfer Officer (ETO), in accordance with Policy 6144
0155 Committees
(See Provision of the Charter Contract Bylaws.)
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0150 - page 31
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 32
MEETINGS
0161 Parliamentary Authority
The parliamentary authority governing the Board shall be Robert's Rules of Order, Newly Revised in all cases in which it is not inconsistent with statute, administrative code, or these bylaws, or the rules of order of this Board.
0162 Quorum
3 (3) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum.
0163 Presiding Officer
The President shall preside at all meetings of the Board. In the absence, disability, or disqualification of the President, the Vice President shall act instead; if neither person is available, any member shall be designated by a plurality of those present to preside. The act of any person so designated shall be legal and binding.
0164 Call
0164.1 Regular Meetings
The Board shall hold a meeting at least once each month on a date and at a time and place determined annually by a resolution of the Board.
0164.2 Special Meetings
Special meetings of the Board may be called by the President or by any two (2) members of the Board provided there is compliance with the notice provision of these Bylaws.
0164.3 Emergency Meetings
In the event of a severe and imminent threat to the health, safety, or welfare of the Academy, its personnel, or students, any member of the Board may call an emergency session provided the majority of the Board concur that delay would be detrimental to efforts to lessen or respond to the threat. Actual notice of any emergency meeting shall be attempted, but not required to other Board members.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 33
0165 Notice
0165.1 Posting Notice of Regular Meetings
Within ten (10) days after the organizational Board meeting, the Board shall cause to be posted at the Board office and in other locations considered appropriate by the Board, a notice listing the date, time, and place of each regularly scheduled meeting of the Board. The notice shall contain the name and address of the Academy and its telephone number.
The notice shall also contain the following statement:
"Upon request to the School Leader, the Academy shall make reasonable accommodation for a person with disabilities to be able to participate in this meeting."
Upon the written request of an individual, organization, firm, or corporation, and upon the requesting party's payment of a yearly fee of not more than the estimated reasonable cost for printing and postage of each notice as shall be determined annually by the Board, the Academy shall send to the requesting party by first-class mail a copy of any notice required to be posted by these bylaws. The news media shall be entitled to receive, at their request, copies of such notices free of charge.
0165.2 Change of Regular Meetings
Reference: M.C.L.A. 15.264, 15.266
Within three (3) days after the Board adopts a resolution changing the date, time, or place of a regularly scheduled meeting, the meeting notice shall state the date, time, and place of the rescheduled meeting, as well as the name, address, and telephone number of the Academy. Said notice shall be posted on the front door of the Academy and such other place(s) as the Board may determine. Said notice shall be posted at least eighteen (18) hours before the rescheduled meeting. 0165.3 Posting Notice of Special Meetings
Said notice shall state the date, time, and place of such special meeting and the business to be transacted thereat, as well as the name, address, and telephone number of the Academy. A notice of any special meeting shall be posted at least eighteen (18) hours before said special meeting at the Academy office and such other places as the Board may determine. A copy of said notice shall be served upon each member of the Board.
0165.4 Posting Notice of Emergency Meetings
No notice of any emergency meeting shall be required.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 34
0165.5 Recess
Reference: MCL 15.265, 380.1201(3)(4)
Any meeting of the Board may be recessed to another time and place. Any meeting which is recessed for more than thirty-six (36) hours shall be reconvened only after a notice stating the date, time, and place of the recessed meeting as well as the name, address, and telephone number of the Academy has been posted on the front door of the Academy and such other place as the Board may determine for at least eighteen (18) hours prior to the time the meeting is to be reconvened.
0166 Agenda
The Board President and ESP shall prepare and submit to each Board member a written agenda prior to each regular meeting and each special meeting, unless otherwise directed by the Board. The agenda shall list the various matters to come before the Board and shall serve as a guide for the order of procedure for the meeting. Individual Board members may include items on the agenda upon the concurrence of the Board President.
The agenda of the regular monthly meeting or special meetings shall be accompanied by a report from the ESP on information relating to the Academy with such recommendations as s/he shall make.
Each agenda shall contain the following statement:
"This meeting is a meeting of the Board in public for the purpose of conducting the Academy's business and is not to be considered a public community meeting. There is a time for public participation during the meeting as indicated in agenda item _____."
The agenda for each regular meeting shall be mailed or delivered to each Board member so as to provide proper time for the member to study the agenda. Generally, the agenda should be mailed no later than ten (10) days prior to the meeting, or delivered so as to provide time for the study of the agenda by the member. The agenda for a special meeting shall be delivered at least twenty four (24) hours before the meeting, consistent with provisions calling for special meetings.
The Board shall transact business according to the agenda submitted to all Board members in advance of the meeting. The order of business may be altered and items added at any meeting by a majority vote of the members present.
0166.1 Consent Agenda
The Board shall use a consent agenda to keep routine matters within a reasonable time frame.
The following routine business items may be included in a single resolution for consideration by the Board.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 35
A. minutes of prior meetings;
B. bills for payment;
C. hiring of personnel, if applicable;
D. resolutions that require annual adoption, such as bank signatories, Michigan High School Athletic Association membership, etc.; or
E. resignations and leaves.
A member of the Board may request any item to be removed from the consent resolution and defer it for a specific action and more discussion. No vote of the Board will be required to remove an item from the consent agenda. A single member's request shall cause it to be relocated as an action item eligible for discussion. Any item on the consent agenda may be removed and discussed as a nonaction item or be deferred for further study and discussion at a subsequent Board meeting if the ESP or any Board member thinks the item requires further discussion.
0167 Conduct
0167.1 Voting
Reference: MCLA 380.1201
All regular and those special meetings of the Board at which the Board is authorized to perform business shall be conducted in public. No act shall be valid unless approved at a meeting of the Board by a majority vote of the members elected or appointed to and serving on the Board and a proper record made of the vote. Meetings of the Board shall be public and no person shall be excluded therefrom.
Unless specifically authorized by Michigan conflict of interest laws, any Board member's decision to abstain shall be recorded and be deemed to acquiesce in the action taken by the majority. Failure to vote, absent a statutory exception, constitutes a breach of the Board member's duty as a public official. In situations in which a specified number of affirmative votes are required and abstentions have been noted, the motion shall fail if the specified number of affirmative votes have not been cast. In situations in which there is a tie vote and the abstention represents the deciding vote, the motion shall fail for lack of a majority. 184 Mich App 681, 684 (1990)
All actions requiring a vote may be conducted by voice, show of hands, or roll call provided that the vote of each member be recorded. Proxy voting shall not be permitted. Any member may request that the Board be polled.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 36
0167.2 Closed Session
The Board may by means of a roll call vote meet in a closed session, one closed to the public, for the following purposes:
A. to consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic evaluation of a public officer, the Educational Service Provider, staff member, or individual agent, if the named person requests a closed hearing (a majority vote is required)
B. to consider the dismissal, suspension, or disciplining of a student only if the student or student's parents request a closed hearing (a majority vote is required) (Also see Bylaw 0169, Student Disciplinary Hearings)
C. to consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained (a two-thirds (2/3's) vote is required)
D. to consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body (a twothirds (2/3's) vote is required)
E. to consider material such as written opinions of counsel which are exempt from discussion by State or Federal statute (a two-thirds (2/3's) vote is required)
F. to consider the selection of a School Leader, as addressed in the ESP Agreement between the ESP and Board.
0167.3 Public Participation at Board Meetings
Reference: MCL 15.267, 15.268 MCL 15.263(4)(5)(6), 380.1808
In keeping with the confidential nature of closed sessions, no member of the Board shall disclose the content of discussions that take place during such sessions. The only exceptions will be discussions with the Academy's legal counsel or as directed by an order of a court with proper jurisdiction.
It is expected that Board members shall not record nor communicate by any means, electronic or otherwise, with party or parties outside such meetings regarding the substance of such meetings either during or after the course of such meetings.
The Board recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on Academy matters.
Any person or group wishing to place an item on the agenda shall register their intent with the Educational Service Provider no later than ten (10) days prior to
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 37
the meeting and include: name and address of participant, group affiliation, if and when appropriate, and topic to be addressed.
Such requests shall be subject to the final approval of the Board President. Denial of the opportunity to have an item placed on the agenda will not preclude an individual or group from the opportunity to speak during the public participation portion of the meeting.
To permit fair and orderly public expression, the Board shall provide a period for public participation at public meetings of the Board and publish rules to govern such participation in Board meetings and in Board committee meetings. The presiding officer of each Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct.
The presiding officer shall be guided by the following rules:
A. Public participation shall be permitted as indicated on the order of business.
B. Anyone with concerns related to the operation of the school or to matters within the authority of the Board may participate during the public portion of a meeting.
C. Attendees must register their intention to participate in the public portion of the meeting upon their arrival at the meeting.
D. Participants must be recognized by the presiding officer and will be requested to preface their comments by an announcement of their name; address; and group affiliation, if and when appropriate.
E. Each statement made by a participant shall be limited to three (3) minutes duration.
F. No participant may speak more than once on the same topic unless all others who wish to speak on that topic have been heard.
G. Participants shall direct all comments to the Board and not to staff or other participants.
H. All statements shall be directed to the presiding officer; no person may address or question Board members individually.
I. The presiding officer may:
1. prohibit public comments which are frivolous, repetitive, or harassing;
2. interrupt, warn, or terminate a participant's statement when the statement is too lengthy, personally directed, abusive, obscene, or irrelevant;
3. request any individual to leave the meeting when that person behaves in a manner that is disruptive of the orderly conduct of the meeting;
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 38
4. request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting;
5. call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action; or
6. waive these rules with the approval of the Board when necessary for the protection of privacy or the administration of the Board's business.
J. The portion of the meeting during which the participation of the public is invited shall be limited to 15, unless extended by a vote of the Board.
K. Tape or video recordings are permitted subject to the following conditions:
1. No obstructions are created between the Board and the audience.
2. No interviews are conducted in the meeting room while the Board is in session.
3. No commentary, adjustment of equipment, or positioning of operators is made that would distract either the Board or members of the audience while the Board is in session.
The person operating the recorder should contact the School Leader prior to the Board meeting to review possible placement of the equipment.
0167.4 Administrative Participation
The ESP and those administrators directed by the ESP shall attend all meetings, when feasible. Administrative participation shall be by professional counsel, guidance, and recommendation - as distinct from deliberation, debate, and voting of Board members.
0167.5 Use of Electronic Mail
Since E-mail is a form of communication that could conflict with the OpenMeetings Law, it will be used to conduct business of the Board only for the purposes of communicating:
A. messages between Board members or between a Board member and the Educational Service Provider which do not involve deliberating or rendering a decision on matters pending before the Board;
B. possible agenda items between the ESP and the Board President;
C. times, dates, and places of regular or special Board meetings;
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 39
D. meeting agenda or public record information concerning items on the agenda;
E. requests for public record information from a member of the administration, school staff, or community pertaining to school operations; and
F. responses to questions posed by members of the public, administrators, or school staff.
Under no circumstances shall Board members use E-mail to discuss among themselves Board business that is only to be discussed in an open meeting of the Board, is part of an executive session, or could be considered an invasion of privacy if the message were to be monitored by another party.
There should be no expectation of privacy for any messages sent by E-mail. Messages that have been deleted may still be accessible on the hard drive, if the space has not been occupied by other messages. Messages, deleted or otherwise, may be subject to disclosure under the Freedom of Information Act, unless an exemption would apply.
0168 Minutes 0168.1 Open Meeting
Reference: 15.269, 380.1201
The Secretary, or a temporary secretary appointed by the presiding officer, shall designate a person to keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is called. These minutes must be approved by the Board and endorsed by the Secretary at the next meeting. The minutes shall include all roll-call votes taken at the meeting. Proposed minutes shall be available for public inspection not later than eight (8) business days after the meeting to which the minutes refer. Approved minutes shall be available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. The minutes shall be available for inspection at the School Leader's office and shall be available for purchase at a fee estimated by the business office to cover the cost of printing and copying.
The Board Secretary shall not include in or with its minutes any personally identifiable information on any student of the Academy which if released, would prevent the public body from complying with the Family Educational Rights and Privacy Act of 1974.
The official minutes shall be bound together by years and kept in the office of the Board.
Minutes of the preceding meetings shall be approved by the Board as its first order of business at its next regular meeting.
The minutes shall show only action taken.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 40
0168.2 Closed Meeting
Reference: 15.267, 15.269, 15.270-71, 15.273
The Board shall designate a person to keep separate minutes of each closed meeting of the Board. These minutes shall be retained by the Secretary of the Board, but shall not be available to the public and shall only be disclosed if required by a civil action filed under MCL 15.270 et seq. These minutes may be destroyed one (1) year and one (1) day after approval of the minutes of the regular meeting at which the closed session was approved.
0168.3 Committee Meetings
Any Board committee, whether standing or appointed ad hoc, which exercises governmental or proprietary authority must comply with the Open Meetings provisions in 0168.1 and 0168.2, and Public Participation provisions in 0167.3. Committees that are empowered to take action, make recommendations or otherwise deliberate in place of the Board are subject to this requirement.
0169 Student Disciplinary Hearings
0169.1 Closed Session Requested
If a parent or student requests a closed hearing, a vote must be taken. The purpose of the closed session should be announced: "To consider a student disciplinary matter, pursuant to the request of the parent/guardian" (NOTE: Do not use the name since that could identify the student). A majority is required to go into a closed session.
Those invited into closed session should include the student, parent(s) and/or representative(s) and school administrator(s) bringing charges. Others may be admitted at Board discretion, if needed for the proceeding or at the request of student/parents.
Witnesses should be admitted when needed to testify. They should be asked to leave the closed session after testifying. Witnesses may be required to affirm that they will tell the truth.
The Administration should present a summary of the requested discipline and an overview of the incident(s) supporting discipline. The Administration shall call and question witnesses as it determines appropriate. The administrator may testify as a witness to the results of his/her investigation of the incident and the student's past record.
The student, parent, or representative should be allowed to ask the witness(es) questions related to issues reasonably related to the discipline. Additional questioning by the Administration, the student/representative and/or the Board may be allowed at the Board's discretion.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 41
The student, parent, or representative may then present witnesses or statements to the Board. The Administration and/or the Board may ask questions of these individuals. The Board may allow additional questioning at its discretion.
When the presentation of evidence is concluded, the Board will deliberate. It may exclude both the Administration and the student and representative, or allow both sides to remain. If the Board desires clarification of any testimony during its deliberation, it shall assure that both the Administration and the student are present to hear the information.
The Board shall not take any action in the closed session. To act on the discipline the Board must return to open session. This requires a majority vote.
During the open session the name of the student shall not be used in voting on the discipline, to protect student privacy under the Federal Family Educational Rights and Privacy Act. The student may be referred to by a Code Number or Pseudonym (i.e. Student A). Only the reference code shall be indicated in the Board minutes, NOT the student's actual name. The reference code shall be listed in the student's discipline file.
If, at any time during the hearing, the student, parent or authorized representative withdraws the request for a closed hearing, the matter shall proceed under the open hearing provisions.
0169.2 Open Hearing
If the student, parent or authorized representative does not request a closed hearing, the Board must still assure that the Family Educational Rights and Privacy Act is not violated.
The parents (or student if eighteen (18) or older) should sign an authorization to release student record information to allow discussion of the student's information in the public forum (Form 8330 F4). If the parents refuse to sign the authorization or information relating to other students must be presented at the hearing, it should be done anonymously by referring to students by Code Numbers or Pseudonyms. If this is not possible, then the Board may go into closed session to receive student identifiable information pursuant to a two-thirds (2/3's) roll call vote for the announced purpose of "Considering material exempt from discussion or disclosure by State or Federal law."
In all other respects the hearing shall proceed as outlined under the Closed Hearing.
The Board must deliberate and act on the discipline in open session. The student, parents, administration and public will be allowed to be present. Students/parents who have not authorized disclosure to the public will not be mentioned by name during deliberations, but only by anonymous reference code. Any action must be by a vote of the Board in open session. If the student/parents have signed an authorization for public disclosure, then the student's name may be used in the motion and recorded in the Board minutes.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0160 - page 42
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0170 - page 43
DUTIES
0171 Officers
0171.1 President
Duties of President are set forth in the Charter Contract Bylaws. In addition, the President shall have the authority to sign, execute and acknowledge, on behalf of the Board, all deeds, mortgages, bonds, contracts, leases, reports, and all other Board-approved documents.
0171.2 Vice-President
(See duties set forth in the Charter Contract Bylaws.)
0171.3 Secretary
(See duties set forth in the Charter Contract Bylaws.)
0171.4 Treasurer
(See duties set forth in the Charter Contract Bylaws.)
0172 Legal Counsel
The Board shall employ an independent attorney to represent the Academy and Board in actions brought for or against the Academy and render other legal services for the welfare of the Academy.
0173 Independent Auditor
The Board shall obtain annually a letter of engagement from the selected audit firm, prior to the Annual Financial Audit. The independent auditor shall perform the following:
A. examine the balance sheet of the Academy, at the close of its fiscal year, and the related statements of transactions in the various funds, for the fiscal year just ended;
B. conduct the examination, in accordance with generally accepted auditing standards, and include such tests of the accounting records and such other auditing procedures as are necessary under the circumstances;
C. render an opinion of the financial statements prepared at the close of the fiscal year;
D. make recommendations to the Board concerning its accounting records, procedures, and related activities, as may appear necessary or desirable;
E. perform other related services, as requested by the Board.
BOARD OF DIRECTORS BOARD OPERATING POLICY THE NEW STANDARD 0170 - page 44
0175 Association Memberships
The Board may maintain professional association memberships and may take part in the activities of these groups.
The Academy may maintain institutional memberships in educational organizations that the Board and Educational Service Provider/School Leader find to be of benefit to members and school personnel. The materials and other benefits of these memberships will be distributed and used to the best advantage of the Board and staff.
0175.1 Board Conferences, Conventions, and Workshops
The Board recognizes the value of membership and attendance at conferences and meetings at the local, county, state, and national levels. Attendance at local, county, state, and national workshops and conferences is encouraged.
Each Board member is expected to report back to the Board after attending a conference at Academy expense.
Travel and personal expenses of spouse, children, or other guest traveling with a Board member shall be the responsibility of the Board member or of the individual. Expenses for convention functions attended as a group will be borne by the Academy, within budgetary limits.
The President of the Board will regularly receive a record of Board members’ attendance at conferences.
BOARD OF DIRECTORS ADMINISTRATION THE NEW STANDARD 1000 - page 45
1000 ADMINISTRATION
1240 Evaluation Of The Education Service Provider (BP) ................................ 46
BOARD OF DIRECTORS ADMINISTRATION THE NEW STANDARD 1240 - page 46
EVALUATION OF THE EDUCATIONAL SERVICE PROVIDER (ESP)
The Board believes it is essential to evaluate the ESP's performance periodically to assist both the Board and the ESP to properly discharge their responsibilities and to enable the Board to provide the Academy with the best possible leadership. To carry out this responsibility, the Board will evaluate the ESP according to the contract between the Board and the ESP and a mutually agreed-upon tool.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2000 - page 47
2000 PROGRAM
2105 Mission of the Academy (BP) .................................................................... 49
2112 Parent Involvement in the Academy Program (L) .................................... 50
2120 School Improvement (BP) ......................................................................... 53
2131 Educational Outcomes for Students (BP) ................................................ 54
2132 Educational Process Goals (BP) ............................................................... 56
2210 Curriculum Development (BP) .................................................................. 57
2210.01 Right to Inspect Instructional Materials (BP) ........................................... 60
2220 Adoption Of Courses Of Study (BP) ......................................................... 61
2221 Mandatory Courses (BP) ........................................................................... 63
2225 Students With Limited English Proficiency (BP) ..................................... 64
2231 Curriculum (BP) .......................................................................................... 65
2240 Controversial Issues (BP) .......................................................................... 66
2250 Innovative Programs (BP) ......................................................................... 67
2260 Nondiscrimination and Access to Equal Educational Opportunity (BP) ........................................................................................ 68
2260.01 Section 504/ADA Prohibition Against Discrimination Based on Disability (BP) ............................................................................ 77
2261 Title I Services (BP) .................................................................................... 82
2261.01 Parent Participation in Title I Programs (BP) ........................................... 84
2261.02 Title I – A Parent's Right To Know (BP) .................................................... 86
2261.03 Federal School Improvement Plan (BP) .................................................... 87
2270 Religion In The Curriculum (BP) ............................................................... 88
2280 Physical Education (BP) ............................................................................ 89
2330 Homework (BP) .......................................................................................... 91
2340 Field And Other Academy-Sponsored Trips (BP) .................................... 92
2370 Educational Options (BP) .......................................................................... 94
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2000 - page 48
2370.01 On-Line/Blended Learning Program (BP) ................................................. 95
2412 Homebound Instruction Program (BP) ..................................................... 99
2413 Health Education Program (BP) .............................................................. 100
2414 Reproductive Health and Family Planning (BP) ..................................... 101
2416 Student Privacy And Parental Access To Information (L) ..................... 102
2417 Comprehensive School Health Education (BP) ..................................... 104
2430 Academy-Sponsored Clubs And Activities (BP) .................................... 106
2431 Interscholastic Athletics (L) .................................................................... 108
2433 Operation of a Child Care Center or Before/After School Program (L) ............................................................................................... 110
2460 Education Of Children With Disabilities (L) ............................................ 111
2460.02 Least Restrictive Environment Position Statement (L) ......................... 112
2510 Adoption Of Textbooks (BP) ................................................................... 113
2521 Selection of Instructional Materials and Equipment (BP)...................... 114
2531 Copyrighted Works (BP) .......................................................................... 115
2605 Program Accountability And Evaluation (BP) ........................................ 116
2623 Student Assessment (BP) ....................................................................... 117
2700 Combined P.A. 25 Annual Report and NCLB Report Card (BP) ........................................................................................................... 120
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2105 - page 49
MISSION OF THE ACADEMY
Serving the city of Flint with a higher standard in educational excellence and community wellness.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2112 - page 50
PARENT INVOLVEMENT IN THE ACADEMY PROGRAM
Reference: Sec. 1112, 1118 ESEA MCL 380.1294
The Board recognizes and values parents and families as children's first teachers and decisionmakers in education. The Board believes that student learning is more likely to occur when there is an effective partnership between the school and the student's parents and family. Such a partnership between the home and school and greater involvement of parents in the education of their children generally result in higher academic achievement, improved student behavior, and reduced absenteeism.
The term "families" is used in order to include children's primary caregivers, who are not their biological parents, such as foster caregivers, grandparents, and other family members.
Through this policy, the Board directs the establishment of a Parental Involvement Plan by which a school-partnership can be established and provided to the parent of each child in the Academy. The plan must encompass parent participation, through meetings and other forms of communication. The Parental Involvement Plan shall reflect the Board's commitment to the following:
A. Relationships with Families
1. cultivating school environments that are welcoming, supportive, and student-centered;
2. providing professional development for school staff that helps build partnerships between families and schools;1,2
3. providing family activities that relate to various cultures, languages, practices, and customs, and bridge economic and cultural barriers;1,2 and
4. providing coordination, technical support and other support to assist schools in planning and implementing family involvement activities.2
B. Effective Communication
1. providing information to families to support the proper health, safety, and well-being of their children;
2. providing information to families about school policies, procedures, programs, and activities;1,2
3. promoting regular and open communication between school personnel and students' family members;
4. communicating with families in a format and language that is understandable, to the extent practicable;1,2
5. providing information and involving families in monitoring student progress;2
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2112 - page 51
6. providing families with timely and meaningful information regarding Michigan's academic standards, State and local assessments, and pertinent legal provisions;1,2 and
7. preparing families to be involved in meaningful discussions and meetings with school staff.1,2
C. Volunteer Opportunities
1. providing volunteer opportunities for families to support their children's school activities;2 and
2. supporting other needs, such as transportation and child care, to enable families to participate in school-sponsored family involvement events.2
D. Learning at Home
1. offering training and resources to help families learn strategies and skills to support at-home learning and success in school;1,2
2. working with families to establish learning goals and help their children accomplish these goals; and
3. helping families to provide a school and home environment that encourages learning and extends learning at home.1
E. Involving Families in Decision Making and Advocacy
1. involving families as partners in the process of school review and continuous improvement planning;2 and
2. involving families in the development of its Academy-wide parent involvement policy and plan, and distributing the policy and plan to families.1,2
F. Collaborating with the Community
1. building constructive partnerships and connecting families with communitybased programs and other community resources;1,2 and
2. coordinating and integrating family involvement programs and activities with Academy initiatives and community-based programs that encourage and support families' participation in their children's education, growth, and development.1,2
Implementation
The ESP, will provide for a comprehensive plan to engage parents, families, and community members in a partnership in support of each student's academic achievement, the Academy's continuous improvement, and individual school improvement plans. The plan will be distributed
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2112 - page 52
to all parents and students through publication in the Student Handbook or other suitable means. The plan will provide for annual evaluation, with the involvement of parents and families, of the plan's effectiveness and identification of barriers to participation by parents and families. Evaluation findings will be used in the annual review of the Parent and Family Involvement policy and to improve the effectiveness of the Academy plan. 1Indicates IDEA 2004 Section 650 & 644 parent involvement requirements 2Indicates Title I Section 1118 parent involvement requirements
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2120 - page 53
SCHOOL IMPROVEMENT
Reference: MCL 380.1204(a) 380.1277
The Board supports the concept of School Improvement as established by the State Board of Education and seeks to create and/or maintain effective schools as defined by State guidelines. In addition to adopting a Mission Statement and Educational Philosophy for the Academy, the Board shall create, as needed, policies which support the School Improvement Process.
The ESP shall establish Administrative Procedures to ensure that the following objectives can be achieved:
A. Develop a School Improvement Plan, developed and implemented by collaborative Academy-based teams. The plan is to identify and correlate building-level goals for students that are to be achieved through effective planning, problem solving, and assessment. Each team is to include professional and support staff, students, parents, and representatives of the community.
B. Include in the School Improvement Plan the means and assurances for buildinglevel decision-making. The improvement plan is to include a mission statement; goals based on academic outcomes; curriculum aligned to the goals; evaluation procedures; staff development; use of community resources and volunteers; decision making processes; the role of adult and community education, libraries, and community colleges; and other resources as determined by the ESP.
C. Review and modify the School Improvement Plan periodically. The Board is to review and approve each modification and improvement to its program based upon the assessment of student accomplishment of performance objectives and program goals.
D. Collaborate with parents, relevant institutions and groups, especially those in the community, who can support and facilitate school improvement.
E. Upon approval of the initial School Improvement Plan and its later revisions, the Board and ESP shall fully support the Academy's educational improvement plan to the extent resources allow.
This improvement plan and ensuing program may include co-curricular and extra-curricular activities.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2131 - page 54
EDUCATIONAL OUTCOMES FOR STUDENTS
Since the mission of the Academy is to provide a quality education for all students, the Board believes the mission of the Academy is being accomplished when there is valid evidence that the Academy's educational programs are making it possible for students to achieve one or more of the following educational outcomes, commensurate with their ability and potential:
A. Students should develop job skills for the workplace and the skills and attitudes to obtain further education.
B. Students should gain an understanding of others, including, but not limited to, those with social and cultural characteristics different from his/her own and those with mental or physical disabilities. Students should demonstrate the ability to engage in responsible personal and/or support relationships with those who are different from their social or ethnic groups.
C. Students should use their knowledge, attitudes, and skills to contribute effectively to the decision-making processes of the political and other institutions of the community, state, country, and world.
D. Students should develop the capacity to fulfill satisfying and responsible roles in family life.
E. Students should display the use of the knowledge, habits, and attitudes that assure good personal and public health, both physical and mental.
F. Students should demonstrate the willingness and ability to apply ethical principles and values to his/her own life.
G. Students should make evident an understanding of his/her own worth, abilities, potentialities, and limitations.
H. Students should show their enjoyment of the process of learning and commitment to continuous learning throughout one's lifetime. I. Students should display an understanding of and the ability to cope with change.
J. Students should meet the educational goals specified in individual education program plans (IEPs).
K. Students should use their knowledge, skills, and understandings necessary to function as a responsible producer and consumer.
The Board believes that all students in the Academy should be able to demonstrate these applied learnings, at a level commensurate with their age and capabilities.
The ESP is charged with the responsibility, through the Academy's curriculum and Administrative Procedures (if applicable), to provide opportunities for each student to accomplish these goals and to provide a valid means for assessing the extent to which each is accomplished.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2131 - page 55
Student achievement of these educational goals represents the Board's highest priority. The ESP shall ensure that, in implementing the educational program, these educational goals are assigned the highest priority.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2132 - page 56
EDUCATIONAL PROCESS GOALS
In order to achieve educational outcome goals, the Board will establish policies to authorize and encourage the following:
A. instruction that bears a meaningful relationship to the present and future needs and/or interests of students;
B. specialized and individualized educational experiences that meet the needs of each student;
C. opportunities for professional staff members and students to make recommendations concerning the content and operation of the Academy's programs;
D. interactions among individual students and groups of students to help them learn how and when competition and cooperation are appropriate and productive in accomplishing goals;
E. efficient and effective use of educational resources;
F. continued professional growth of staff members; and
G. constructive cooperation with parents and community groups.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2210 - page 57
CURRICULUM DEVELOPMENT
Reference: MCL 380.1282
The Board recognizes its responsibility for the quality of the educational program of the Academy. To this end, the Academy's curriculum shall be developed, evaluated, aligned and adopted on a continuing basis, following the plan for curriculum growth established by the Michigan Curriculum Framework.
Across all academic and nonacademic content areas, the Academy's curriculum shall prepare a student to achieve the following:
A. Gather Information: Research and retrieve information from a wide range of primary and secondary sources in various forms and contexts.
B. Understand Information: Understand, synthesize, and evaluate information in an accurate, holistic, and comprehensive fashion.
C. Analyze Issues: Review a question or issue by identifying, analyzing, and evaluating various considerations, arguments, and perspectives.
D. Draw and Justify Conclusions: Draw and justify conclusions, decisions, and solutions to questions and issues by using reason and evidence; specifying goals and objectives; identifying resources and constraints; generating and assessing alternatives; considering intended and unintended consequences; choosing appropriate alternatives; and evaluating results.
E. Organize and Communicate Information: Organize, present, and communicate information through a variety of media in a logical, effective, and comprehensive manner.
F. Think and Communicate Critically: Read, listen, think, and speak critically about any subject, with clarity, accuracy, precision, relevance, depth, breadth, and logic.
G. Learn and Consider Issues Collaboratively: Engage in shared inquiry processes, in a collaborative and team based fashion with persons of diverse backgrounds and abilities.
H. Learn Independently: Engage in learning in an active, exploratory, independent, and self-directed fashion.
I. Create Knowledge: Create knowledge by raising and identifying previously unconsidered or unidentified questions and issues; creating new primary knowledge; and creating new approaches to solving or considering questions and issues.
J. Act Ethically: Adhere to the highest intellectual and ethical standards in conducting all of the above.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2210 - page 58
The Board directs that all courses of study contained in the curriculum of the Academy accomplish the following:
A. provide instruction in the curriculum required by statute and State Department of Education regulations;
B. ensure, to the extent feasible, that special learning needs of students are considered in the context of the regular program or classroom and provide for effective coordination with programs or agencies needed to meet those needs that cannot be met in the regular program or classroom;
C. convey consistency with the Academy's philosophy and goals and ensure the possibility of their achievement;
D. incorporate State-recommended performance standards for students as the basis for determining how well each student is achieving the academic outcomes for all areas of the Academy's core curriculum;
E. at the high school level, consider alternatives to the Carnegie Unit as a method to determine student progress toward receiving course credit;
F. foster the development of individual talents and interest, recognizing that learning styles of students differ;
G. foster continuous and cumulative learning through effective communication at all levels of those skills identified as essential and life-role skills;
H. utilize a variety of learning resources to accomplish the educational goals;
I. encourage students to utilize guidance and counseling services in their academic and career planning; and
J. provide for multi-cultural education by including, at each level, courses or units to help students understand the culture and contributions of various ethnic groups comprising American society.
The ESP shall be responsible to the Board for the development and evaluation of curriculum and the preparation of courses of study.
The ESP shall make progress reports to the Board periodically.
The ESP may conduct innovative programs deemed necessary to the continuing growth of the instructional program. Such programs should also improve the accomplishment of the Academy's educational goals and alignment with Michigan Curriculum Frameworks.
Prior to initiation, the ESP shall report each such innovative program to the Board along with its objectives, evaluative criteria, alignment with Michigan Curriculum Frameworks, and costs. The ESP shall not initiate any new program without approval of the Board.
Any and all changes in curriculum guides and alignments of the curriculum must be approved by the Board.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2210 - page 59
The Board encourages participation in programs of educational research that is feasible and conducive to the best interests of the Academy.
The Board directs the ESP to actively pursue State and Federal aid in support of the Academy's innovative activities.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2210.01 - page 60
RIGHT TO INSPECT INSTRUCTIONAL MATERIALS
Reference: 20 USC 1232(h)
Parents have the right to inspect any instructional materials used as part of the educational curriculum for their student. Instructional materials means instructional content, regardless of format, that is provided to the student, including printed or representational materials, audio-visual materials, and materials available in electronic or digital formats (such as materials accessible through the Internet). Instructional materials do not include academic tests or academic assessments.
In consultation with parents, the ESP shall develop procedures to address the rights of parents and to assure timely response to parental requests to review instructional materials. The procedures shall also address reasonable notification to parents and students of their rights to review these materials.
This policy shall not supersede any rights under the Family Education Rights and Privacy Act.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2220 - page 61
ADOPTION OF COURSES OF STUDY
Reference: MCL 380.1164b, 380.1277, 380.1278, 380.1282, 388.1621
The Board shall provide a comprehensive instructional program to serve the educational needs of the students of the Academy. In furtherance of this goal and pursuant to law, the Board shall periodically adopt courses of study.
No course of study shall be taught in the Academy unless it has been adopted by the Board. The Board shall determine which units of the instructional program constitute courses of study and are thereby subject to the adoption procedures of the Board.
The ESP shall recommend to the Board such courses of study as are deemed to be in the best interests of the students. The ESP recommendation shall include the following information about each course of study:
A. its applicability to students and an enumeration of those groups of students to be affected by it;
B. the intended learning objective(s), defined in terms of how the learning is applied;
C. its scope and sequence and a statement of the rationale used to determine the amount and type of instructional time needed to accomplish the objectives at each level;
D. its justification in terms of the goals of the Academy, especially when it is proposed to take the place of an existing course of study;
E. its instructional methods and learning strategy including the manner in which the learning of democratic principles and ethics is provided for, if appropriate to the content of the course;
F. the resources that its implementation will require, including instructional materials, equipment, specially trained personnel, etc.;
G. the plan for its continuous assessment which includes criteria and standards; and
H. its developmental and operational history as well as data on results, where available.
The learning that results from each course of study should be durable, significant, and transferable and require a high level of student achievement of clearly-defined, cumulative performance objectives.
The plan for student assessment for each course of study should include the criteria and standards that will be used to determine when students may need to participate in remedial, supplemental, or accelerated activities in order to ensure that each student has been provided the opportunity to achieve at his/her optimum level.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2220 - page 62
Each course of study is intended to provide a basic framework for instruction and learning. Within this framework, each teacher shall use the course of study in a manner best designed to meet the needs of the students for whom s/he is responsible. Deviation from its content must be approved in accordance with the ESP Administrative Procedures (if applicable).
Since one of the Academy's goals is to prepare students to enter the world of work, the Board directs that each course of study include as part of its learning accomplishments that students can demonstrate their willingness and ability to be punctual, to be present at the learning site each day unless absent for a legitimate reason, and to complete assignments on time and as directed. The ESP procedures should include recommendations to staff on how to instruct students in these important work ethics and how to include these learnings in the grades that students receive.
The ESP shall develop Administrative Procedures which provide for the development of individual learning plans that contain pre and post assessment activities as well as instructional activities for implementing each course of study. Such plans should also provide for proper record keeping and periodic reporting of student performance. As required for State certification, the ESP shall ensure that the appropriate amount of instruction time is allocated to each course of study that comprises the program of the school. The allocation of time is to be determined by the ESP and appropriate members of staff and shall be justified in terms of the amount of time needed for students to accomplish the curriculum objectives of the core curriculum as well as the Academy's educational outcomes.
In keeping with the Board's commitment to the school improvement process, such procedures shall also provide for the appropriate participation of staff, parents, students, and relevant community organizations in the review of the Academy's courses of study.
The ESP shall maintain a current list of all courses of study offered by the Academy.
The list shall include the data on each furnished with the recommendation for its adoption.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2221 - page 63
MANDATORY COURSES
Reference: MCL 380.1166, 1169, 1170
Consistent with the Michigan School Code, the Board directs the ESP to prepare, implement, and supervise courses of instruction in the following areas:
A. the Constitution of the United States, the Constitution of Michigan, and the history and present form of government of the United States, Michigan, and its political subdivisions (grades 9-12);
B. the principal modes by which communicable diseases are spread and the best methods for the restriction and prevention of these diseases; and
C. instruction in physiology and hygiene, with special emphasis on drug abuse prevention.
The ESP shall prepare Administrative Procedures relative to the planning, teaching, and evaluation of these courses.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2225 - page 64
STUDENTS WITH LIMITED ENGLISH PROFICIENCY
Reference: 20 USC 1701 et seq. 42 USC 2000d
The policy of the Board holds that all students be provided a meaningful education and access to the programs provided by the Academy. Limited proficiency in the English language shall not be a barrier to equal participation in the instructional or extra-curricular programs of the Academy. Therefore, the policy of the Academy holds that those students identified as having limited proficiency in English will be provided additional support and instruction to assist them in gaining English proficiency and access to the educational and extra-curricular programs offered by the Academy.
Further, the Academy will endeavor to assist the student and her/his parents access to Academy programs by sending notices to the parents in a language or format they are most likely to understand (also see Policy 2260).
The ESP shall prepare Administrative Procedures to ensure compliance in meeting the educational needs of these students and their parents.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2231 - page 65
CURRICULUM
Reference: MCL 380.1204(a) 380.1278
The Board shall adopt and maintain a core curriculum based on the Model Core Curriculum developed by the Michigan State Department of Education. The ESP shall prepare Administrative Procedures to describe the core curriculum and the sequence, in grade clusters, in which courses will be taught.
Should the core curriculum vary from the Michigan Curriculum Framework, the description of the core curriculum is to be accompanied by an explanation of the Academy's variations from the model and shall verify that no attitudes, beliefs, or value systems are included in the curriculum that are not essential in the legal, economic, and social structure of our society and to the personal and social responsibility of citizens of our society.
The Administrative Procedures shall explain the means by which the core curriculum will be implemented and evaluated, based on the K - 12 Program Standards of Quality established by the State Department of Education.
The Administrative Procedures shall also assure each student a fair opportunity to achieve the academic outcomes established for the core curriculum. Such procedures should ensure that instruction in each area of the core curriculum focuses on the learning processes students need to achieve the academic outcomes and should provide procedures for special assistance to students who are not achieving the outcomes.
The ESP is authorized to explore the feasibility of establishing a non-graded, continuous-progress program for grades 1-4 that best assures students in these grades are being provided an adequate opportunity to achieve the academic outcomes in the core curriculum for these grade levels.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2240 - page 66
CONTROVERSIAL ISSUES
The Board believes the consideration of controversial issues has a legitimate place in the instructional program of the Academy.
Properly introduced and conducted, the consideration of such issues can help students learn to identify important issues, explore fully and fairly all sides of an issue, weigh carefully the values and factors involved, and develop techniques for formulating and evaluating positions.
For purposes of this policy, a controversial issue is a topic on which opposing points of view have been declared by responsible opinion and likely to arouse both support and opposition in the community.
The Board will permit the introduction and proper educational use of controversial issues, provided their use in the instructional program is related to the instructional goals of the course of study and level of maturity of the students; does not tend to indoctrinate or persuade students to a particular point of view; and encourages students to develop an open-minded attitude and a spirit of scholarly inquiry.
Controversial issues related to the program may be initiated by the students themselves, provided the issues are presented in the ordinary course of classroom instruction and are not substantially disruptive to the educational setting.
Controversial issues may not be initiated by a source outside the Academy unless prior approval has been given by the ESP.
When controversial issues have not been specified in the course of study, the Board will permit the instructional use of only those issues which have been approved by the ESP who shall report such approval to the Board for their review.
In the discussion of any issue, a teacher may express a personal opinion, but shall identify it as such, and must not express such an opinion for the purpose of persuading students to his/her point of view.
The Board recognizes that a course of study or certain instructional materials may contain content and/or activities that some parents may find objectionable. If a parent first makes a careful, personal review of the program lessons and/or materials, then indicates to the Academy that either content or activities conflicts with his/her religious beliefs or value system, the Academy will honor a written request for his/her child to be excused from particular classes or classroom units, for specified reasons. The student, however, will not be excused from participating in the course or activities mandated by the State and will be provided alternative learning activities during times of parent-requested absences.
The ESP shall develop Administrative Procedures for dealing with controversial issues.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2250 - page 67
INNOVATIVE PROGRAMS
Reference: MCL 380.1282
The Board wishes to promote the continued improvement of the instructional and curricular program of the Academy through all appropriate means. The Board encourages the ESP personnel and the student body to pursue any promising program for improvement of the Academy.
An innovative program design shall address the steps below, when appropriate to the project:
A. rationale;
B. specific objectives;
C. supportive research;
D. budgeting;
E. in-service requirements;
F. plans for broader implementation; and
G. methods for evaluation.
Each innovative program shall be consistent with the Academy's objectives and long range plans. Programs designed for disabled students must comply with Federal and State guidelines.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 68
NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY
Reference: MCL 380.1146, 380.1704, 37.1101 et seq., 37.2402, 37.1402, 37.2101-37.2804 Fourteenth Amendment, U.S. Constitution 20 USC Section 1681, Title IX of Education Amendments Act 20 USC Section 1701 et seq., Equal Educational Opportunities Act of 1974 20 USC Section 7905, Boy Scouts of America Equal Access Act 29 USC Section 794, Rehabilitation Act of 1973, as amended 29 CFR Part 1635 42 USC Section 2000d et seq., Civil Rights Act of 1964 42 USC Section 2000ff et seq., The Genetic Information Nondiscrimination Act 42 USC 6101 et seq., Age Discrimination Act of 1975 34 CFR Part 110 (7/27/93) Vocational Education Program Guidelines for Eliminating Discrimination and Denial of Services, Department of Education, Office of Civil Rights, March 1979 42 USC 12101 et seq., The Americans with Disabilities Act of 1990, as amended Title III of the No Child Left Behind Act of 2001
Any form of discrimination or harassment can be devastating to an individual's academic progress, social relationship and/or personal sense of self-worth.
As such, the Board does not discriminate on the basis of race, color, national origin, sex (including sexual orientation or transgender identity), disability, age (except as authorized by law), religion, military status, ancestry or genetic information in its educational programs or activities and will not permit discrimination in any of these categories from its ESP.
The Board also does not discriminate in its employment policies and practices as they relate to students, and does not tolerate harassment of any kind. The Board will not permit discrimination of the employment practices of its Educational Service Provider as they relate to students, and will not tolerate harassment of any kind.
Equal educational opportunities shall be available to all students, without regard to the Protected Classes, age (unless age is a factor necessary to the normal operation or the achievement of any legitimate objective of the program/activity), place of residence within the boundaries of the Academy, or social or economic background, to learn through the curriculum offered in the Academy. Educational programs shall be designed to meet the varying needs of all students.
In order to achieve the aforesaid goal, the ESP shall:
A. Curriculum Content: Review current and proposed courses of study and textbooks to detect any bias based ascertaining whether or not supplemental materials, singly or taken as a whole, fairly depict the contribution of both genders, various races, ethnic groups, etc. toward the development of human society.
B. Staff Training: Develop an ongoing program of in-service training for school personnel designed to identify and solve problems in all aspects of the program.
C. Student Access:
1. Review current and proposed programs, activities, facilities, and practices to ensure that all students have equal access thereto and are not
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 69
segregated in any duty, work, play, classroom, or school practice, except as may be permitted under State regulations.
2. Verify that facilities are made available, in accordance with Board Policy 7510 - Use of District Facilities, for non-curricular student activities that are initiated by parents or other members of the community, including but not limited to any group affiliated with the Boy Scouts of America or any other youth group listed in Title 36 of the United States Code as a patriotic society.
This language does not prohibit the Academy from establishing and maintaining a single-gender school, class, or program within a school if a comparable school, class, or program is made available to students of each gender.
D. Academy Support: Verify that like aspects of the entire Academy program receive like support as to staff size and compensation, purchase and maintenance of facilities and equipment, access to such facilities and equipment, and related matters.
E. Student Evaluation: Verify that tests, procedures, or guidance and counseling materials, which are designed to evaluate student progress, rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged, are not differentiated or stereotyped on the basis of Protected Classes.
Compliance Officer The Board designates the following individual to serve as the Academy’s 504 Compliance Officer/ADA Coordinator (hereinafter referred to as the “Academy Compliance Officer”).
[NOTE: Academies may want to consider appointing both a male and a female Academy Compliance Officer in order to provide complainants with the option to report their concerns to an individual of the gender with which they feel most comfortable. Additionally, by appointing two (2) Academy Compliance Officers, there should always be a Compliance Officer available to investigate a claim that pertains to the other Compliance Officer.]
Director of Compliance 7877 Stead Utica, Michigan 48317 (586) 731-5300
The name, title, and contact information of this individual will be published annually:
A. in the staff handbooks
The Academy will accommodate the use of certified service animals when there is an established need for such supportive aid in the school environment. Certain restrictions may be applied when necessary due to allergies, health, safety, disability or other issues of those in the classroom or school environment. The goal shall be to provide all students with the same access and participation opportunities provided to other students in school. Confirmation of disability, need for a service animal to access the school programming, and current certification/training of the service animal may be required.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 70
The CO***IF P 1623 Number of Compliance Officers > 1*** ***IF P 1623 Number of Compliance Officers = 1*** responsible for coordinating the Academy's efforts to comply with applicable Federal and State laws and regulations, including the Academy's duty to address in a prompt and equitable manner any inquiries or complaints regarding discrimination, retaliation or denial of equal access. The CO***IF P 1623 Number of Compliance Officers > 1*** shall also verify that proper notice of nondiscrimination for Title II of the Americans with Disabilities Act (as amended), Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973 (as amended), and the Age Discrimination Act of 1975 is provided to students, their parents, staff members, and the general public. A copy of each of the Acts and regulations on which this notice is based may be found in the CO’s office.
The ESP shall annually attempt to identify children with disabilities, ages 0-25, who do not receive a public education.
In addition, s/he shall establish procedures to identify students who are Limited English Proficient (LEP), including immigrant children and youth, to assess their ability to participate in Academy programs, and develop and administer a program that meets the English language and academic needs of these students. This program shall include procedures for student placement, services, evaluation and exit guidelines and shall be designed to provide students with effective instruction that leads to academic achievement and timely acquisition of proficiency in English. As a part of this program, the Academy will evaluate the progress of students in achieving English language proficiency in the areas of listening, speaking, reading and writing, on an annual basis (also see Policy 2225).
Reports and Complaints of Unlawful Discrimination and Retaliation
Students and all other members of the Academy community and third parties are encouraged to promptly report incidents of unlawful discrimination and/or retaliation to a teacher, administrator, supervisor, or other Academy official so that the Board may address the conduct. Any teacher, administrator, supervisor, or other Academy employee or official who receives such a complaint shall file it with the CO within two (2) school days.
Members of the Academy community, which includes students or third parties, who believe they have been unlawfully discriminated/retaliated against are entitled to utilize the complaint process set forth below. Initiating a complaint, whether formally or informally, will not adversely affect the complaining individual's employment or participation in educational or extra-curricular programs. While there are no time limits for initiating complaints under this policy, individuals should make every effort to file a complaint as soon as possible after the conduct occurs while the facts are known and potential witnesses are available.
If, during an investigation of alleged bullying, aggressive behavior and/or harassment in accordance with Policy 5517.01 – Bullying and Other Forms of Aggressive Behavior, the Principal believes that the reported misconduct may constitute unlawful discrimination based on a Protected Class, the Principal shall report the act to one of the COs who shall investigate the allegation in accordance with this policy. While the CO investigates the allegation, the Principal shall suspend his/her Policy 5517.01 investigation to await the CO’s written report. The CO shall keep the Principal informed of the status of the Policy 2260 investigation and provide him/her with a copy of the resulting written report.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 71
The COs will be available during regular school/work hours to discuss concerns related to unlawful discrimination/retaliation. COs shall accept complaints of unlawful discrimination/retaliation directly from any member of the Academy community or a visitor to the Academy, or receive complaints that are initially filed with a school building administrator. Upon receipt of a complaint either directly or through a school building administrator, a CO will begin either an informal or formal process (depending on the request of the person alleging the discrimination/retaliation or the nature of the alleged discrimination/retaliation), or the CO will designate a specific individual to conduct such a process. The CO will provide a copy of this policy to any person who files a complaint. In the case of a formal complaint, the CO will prepare recommendations for the ESP or oversee the preparation of such recommendations by a designee. All members of the Academy community must report incidents of discrimination/retaliation that are reported to them to the CO within two (2) business days of learning of the incident/conduct.
Any Board employee who directly observes unlawful discrimination/retaliation of a student is obligated, in accordance with this policy, to report such observations to one of the COs within two (2) business days. Additionally, any Board employee who observes an act of unlawful discrimination/retaliation is expected to intervene to stop the misconduct, unless circumstances make such an intervention dangerous, in which case the staff member should immediately notify other Board employees and/or local law enforcement officials, as necessary, to stop the misconduct. Thereafter, the CO or designee must contact the student, if age eighteen (18) or older, or the student's parents if the student is under the age eighteen (18), within two (2) school days to advise s/he/them of the Board's intent to investigate the alleged wrongdoing.
Investigation and Complaint Procedure
Any student who believes that s/he has been subjected to unlawful discrimination or retaliation may seek resolution of his/her complaint through the procedures described below. The formal complaint procedures involve an investigation of the individual’s claims and a process for rendering a decision regarding whether the charges are substantiated.
Due to the sensitivity surrounding complaints of unlawful discrimination or retaliation, timelines are flexible for initiating the complaint process; however, individuals should make every effort to file a complaint within thirty (30) calendar days after the conduct occurs. Once the formal complaint process is begun, the investigation will be completed in a timely manner (ordinarily, within fifteen (15) business days of the complaint being received).
The procedures set forth below are not intended to interfere with the rights of a student to pursue a complaint of unlawful discrimination or retaliation with the United States Department of Education Office for Civil Rights (“OCR”). The Cleveland Office of the OCR can be reached at 1350 Euclid Avenue, Suite 325, Cleveland, Ohio 44115; Telephone: (216) 522-4970; Fax: (216) 522-2573; TDD: (216) 522-4944; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; Web: http://www.ed.gov/ocr.
Informal Complaint Procedure
The goal of the informal complaint procedure is to quickly stop inappropriate behavior and facilitate resolution through an informal means, if possible. The informal complaint procedure is provided as a less formal option for a student who believes s/he has been unlawfully discriminated or retaliated against. This informal procedure is not required as a precursor to the filing of a formal complaint.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 72
The informal process is only available in those circumstances where the parties (the alleged target of the discrimination and individual(s) alleged to have engaged in the discrimination) agree to participate in it.
Students who believe that they have been unlawfully discriminated/retaliated against may proceed immediately to the formal complaint process and individuals who seek resolution through the informal procedure may request that the informal process be terminated at any time to move to the formal complaint process. All complaints involving a Academy employee or any other adult member of the Academy community against a student will be formally investigated.
As an initial course of action, if a student feels that s/he is being unlawfully discriminated/retaliated against and s/he is able and feels safe doing so, the individual should tell or otherwise inform the person who engaged in the allegedly discriminatory/retaliatory conduct that it is inappropriate and must stop. The complaining individual should address the alleged misconduct as soon after it occurs as possible. The COs are available to support and counsel individuals when taking this initial step or to intervene on behalf of the individual if requested to do so. An individual who is uncomfortable or unwilling to inform the person who allegedly engaged in the unlawful conduct of his/her concerns is not prohibited from otherwise filing an informal or a formal complaint. In addition, with regard to certain types of unlawful discrimination, such as sexual discrimination, the CO may advise against the use of the informal complaint process.
A student who believes s/he has been unlawfully discriminated/retaliated against may make an informal complaint, either orally or in writing: (1) to a teacher, other employee, or building administrator in the school the student attends; (2) to the ESP or other Academy-level employee; and/or (3) directly to one of the COs.
All informal complaints must be reported to one of the COs who will either facilitate an informal resolution as described below, or appoint another individual to facilitate an informal resolution. The Academy’s informal complaint procedure is designed to provide students who believe they are being unlawfully discriminated/retaliated against with a range of options aimed at bringing about a prompt resolution of their concerns. Depending upon the nature of the complaint and the wishes of the student claiming unlawful discrimination/retaliation, informal resolution may involve, but not be limited to, one or more of the following:
A. Advising the student about how to communicate his/her concerns to the person who allegedly engaged in the discriminatory/retaliatory behavior.
B. Distributing a copy of Policy 2260 – Non-Discrimination as a reminder to the individuals in the school building or office where the individual whose behavior is being questioned works or attends.
C. If both parties agree, the CO may arrange and facilitate a meeting between the student claiming discrimination/retaliation and the individual accused of engaging in the misconduct to work out a mutual resolution.
While there are no set time limits within which an informal complaint must be resolved, the CO or designee will exercise his/her authority to attempt to resolve all informal complaints within fifteen (15) business days of receiving the informal complaint. Parties who are dissatisfied with the results of the informal complaint process may proceed to file a formal complaint. And, as stated
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 73
above, parties may request that the informal process be terminated at any time to move to the formal complaint process.
All materials generated as part of the informal complaint process will be retained by the COs in accordance with the Board's records retention policy and/or Student records policy. (See Policy 8310 and Policy 8330)
Formal Complaint Procedure
If a complaint is not resolved through the informal complaint process, if one (1) of the parties requested that the informal complaint process be terminated to move to the formal complaint process, or if the student elects to file a formal complaint initially, the formal complaint process shall be implemented.
A student who believes s/he has been subjected to unlawful discrimination/retaliation (hereinafter referred to as the "Complainant") may file a formal complaint, either orally or in writing, with a teacher, Principal, or other employee at the student’s school, the CO, ESP, or another employee who works at another school or at the Academy level. Due to the sensitivity surrounding complaints of unlawful discrimination, timelines are flexible for initiating the complaint process; however, individuals should make every effort to file a complaint within thirty (30) calendar days after the conduct occurs. If a Complainant informs a teacher, Principal, or other employee at the student’s school, ESP, or other employee, either orally or in writing, about any complaint of discrimination/retaliation, that employee must report such information to the CO within two (2) business days.
Throughout the course of the process, the CO should keep the parties informed of the status of the investigation and the decision-making process.
All formal complaints must include the following information to the extent it is available: the identity of the individual believed to have engaged in, or be engaging in; the discriminatory/retaliatory conduct; a detailed description of the facts upon which the complaint is based; a list of potential witnesses; and the resolution sought by the Complainant.
If the Complainant is unwilling or unable to provide a written statement including the information set forth above, the CO shall ask for such details in an oral interview. Thereafter, the CO will prepare a written summary of the oral interview, and the Complainant will be asked to verify the accuracy of the reported charge by signing the document.
Upon receiving a formal complaint, the CO will consider whether any action should be taken in the investigatory phase to protect the Complainant from further discrimination or retaliation, including, but not limited to, a change of work assignment or schedule for the Complainant and/or the person alleged to have engaged in the misconduct. In making such a determination, the CO should consult the Complainant to assess his/her agreement to the proposed action. If the Complainant is unwilling to consent to the proposed change, the CO may still take whatever actions s/he deems appropriate in consultation with the ESP.
Within two (2) business days of receiving the complaint, the CO or designee will initiate a formal investigation to determine whether the Complainant has been subjected to unlawful discrimination/retaliation. A Principal will not conduct an investigation unless directed to do so by the CO.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 74
Simultaneously, the CO will inform the individual alleged to have engaged in the discriminatory or retaliatory conduct (hereinafter referred to as the "Respondent") that a complaint has been received. The Respondent will be informed about the nature of the allegations and provided with a copy of any relevant policies and/or administrative guidelines, including Policy 2260 Nondiscrimination. The Respondent must also be informed of the opportunity to submit a written response to the complaint within five (5) business days. Although certain cases may require additional time, the CO or designee will attempt to complete an investigation into the allegations of discrimination/retaliation within fifteen (15) business days of receiving the formal complaint. The investigation will include:
A. interviews with the Complainant;
B. interviews with the Respondent;
C. interviews with any other witnesses who may reasonably be expected to have any information relevant to the allegations;
D. consideration of any documentation or other information presented by the Complainant, Respondent, or any other witness that is reasonably believed to be relevant to the allegations.
At the conclusion of the investigation, the CO or designee shall prepare and deliver a written report to the ESP that summarizes the evidence gathered during the investigation and provides recommendations based on the evidence and the definition of unlawful discrimination/retaliation as provided in Board policy and State and Federal law as to whether the Complainant has been subjected to unlawful discrimination/retaliation. The CO's recommendations must be based upon the totality of the circumstances, including the ages and maturity levels of those involved. In determining if unlawful discrimination or retaliation occurred, a preponderance of evidence standard will be used. The CO may consult with the Board’s legal counsel before finalizing the report to the ESP.
Absent extenuating circumstances, within five (5) business days of receiving the report of the CO or designee, the ESP must either issue a final decision regarding whether the charges have been substantiated or request further investigation. A copy of the ESP's final decision will be delivered to both the Complainant and the Respondent.
If the ESP requests additional investigation, the ESP must specify the additional information that is to be gathered, and such additional investigation must be completed within five (5) days. At the conclusion of the additional investigation, the ESP shall issue a final written decision as described above.
If the ESP determines the Complainant was subjected to unlawful discrimination/retaliation, s/he must identify what corrective action will be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective action should be reasonable, timely, age-appropriate and effective, and tailored to the specific situation. The decision of the ESP shall be final.
In an attempt to resolve the complaint, the Board shall meet with the concerned parties and their representatives within twenty (20) business days of the receipt of such an appeal. A copy of the Board's disposition of the appeal shall be sent to each concerned party within ten (10) business days of this meeting. The decision of the Board will be final.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 75
The Board reserves the right to investigate and resolve a complaint or report of unlawful discrimination/retaliation regardless of whether the student alleging the unlawful discrimination/retaliation pursues the complaint. The Board also reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Board or its designee.
The Complainant may be represented, at his/her own cost, at any of the above described meetings/hearings.
The right of a person to a prompt and equitable resolution of the complaint shall not be impaired by the person's pursuit of other remedies such as the filing of a Complaint with the Office for Civil Rights or the filing of a court case. Use of this internal complaint procedure is not a prerequisite to the pursuit of other remedies.
Privacy/Confidentiality
The Academy will employ all reasonable efforts to protect the rights of the Complainant, the Respondent(s), and the witnesses as much as possible, consistent with the Board’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under the terms of this policy shall be maintained as confidential to the extent permitted by law. Confidentiality, however, cannot be guaranteed. All Complainants proceeding through the formal investigation process will be advised that their identities may be disclosed to the Respondent(s).
During the course of a formal investigation, the CO or designee will instruct each person who is interviewed about the importance of maintaining confidentiality. Any individual who is interviewed as part of an investigation is expected not to disclose to third parties any information that s/he learns and/or provides during the course of the investigation.
All records created as a part of an investigation of a complaint of discrimination/retaliation will be maintained by the CO in accordance with the Board's records retention policy. Any records that are considered student education records in accordance with the Family Educational Rights and Privacy Act or under Michigan’s student records law will be maintained in a manner consistent with the provisions of the Federal and State law.
Sanctions and Monitoring
The Board shall vigorously enforce its prohibitions against unlawful discrimination/retaliation by taking appropriate action reasonably calculated to stop and prevent further misconduct. While observing the principles of due process, a violation of this policy may result in disciplinary action up to and including the discharge of an employee or the suspension/expulsion of a student. All disciplinary action will be taken in accordance with applicable State law and the terms of the relevant collective bargaining agreement(s). When imposing discipline, the ESP shall consider the totality of the circumstances involved in the matter, including the ages and maturity levels of those involved. In those cases where unlawful discrimination/retaliation is not substantiated, the Board may consider whether the alleged conduct nevertheless warrants discipline in accordance with other Board policies, consistent with the terms of the relevant collective bargaining agreement(s). Where the Board becomes aware that a prior remedial action has been taken against a member of the Academy community, all subsequent sanctions imposed by the Board and/or ESP shall be reasonably calculated to end such conduct, prevent its reoccurrence, and remedy its effects.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260 - page 76
Retaliation
Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination, or participates as a witness in an investigation is prohibited. Specifically, the Board will not retaliate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice made unlawful by any Federal or State civil rights law, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under those laws, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws.
Education and Training
In support of this policy, the Board promotes preventative educational measures to create greater awareness of unlawful discriminatory practices. The ESP, or designee, shall provide appropriate information to all members of the Academy community related to the implementation of this policy and shall provide training for Academy students and staff where appropriate. All training, as well as all information, provided regarding the Board's policy and discrimination in general, will be age and content appropriate.
The Academy will endeavor to assist the student and/or his/her parents in their access to Academy programs by providing notices to the parents and students in a language and format that they are likely to understand.
Materials approved by the State Department of Education describing the benefits of instruction in Braille reading and writing shall be provided to each blind student's individualized planning committee. The Academy shall not deny a student the opportunity for instruction in Braille, reading, and writing solely because the student has some remaining vision.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260.01 - page 77
SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY
Reference: 29 USC 794, Section 504 Rehabilitation Act of 1973, as amended 34 C.F.R. Part 104 42 USC 12101 et seq., Americans with Disabilities Act of 1990, as amended
Pursuant to Section 504 of the Rehabilitation Act of 1973 ("Section 504"), the Americans with Disabilities Act of 1990, as amended ("ADA") and the implementing regulations (collectively "Section 504/ADA"), no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Board does not discriminate in admission or access to, or participation in, or treatment, in its programs or activities. As such, the Board's policies and practices will not discriminate against students with disabilities, and will make accessible to qualified individuals with disabilities its facilities, programs, and activities. No discrimination will be knowingly permitted against any individual with a disability on the sole basis of that disability in any of the programs, activities, policies, and/or practices in the Academy.
An individual with a disability means a person who has, had a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities are functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active.
The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment or appliances, low-vision devices (not including ordinary eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aides and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment or supplies, assistive technology, reasonable accommodations or auxiliary aids or services, or learned behavioral or adaptive neurological modifications.
With respect to public preschool, elementary and secondary educational services, a qualified person with a disability means a disabled person:
A. who is of an age during which nondisabled persons are provided educational services;
B. who is of any age during which it is mandatory under Michigan law to provide educational services to disabled persons; or
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260.01 - page 78
C. to whom the State is required to provide a free appropriate public education pursuant to the Individuals with Disabilities Education Improvement Act (IDEIA).
With respect to vocational education services, a qualified person with a disability means a disabled person who meets the academic and technical standards requisite to admission or participation in the vocational program or activity.
Compliance Officer The Board designates the following individual to serve as the Academy’s 504 Compliance Officer/ADA Coordinator (hereinafter referred to as the “Compliance Officer”).
[NOTE: Academies may want to consider appointing both a male and a female Academy Compliance Officer in order to provide complainants with the option to report their concerns to an individual of the gender with which they feel most comfortable. Additionally, by appointing two (2) Academy Compliance Officers, there should always be a Compliance Officer available to investigate a claim that pertains to the other Compliance Officer.]
Director of Compliance 7877 Stead Utica, Michigan 48317 (586) 731-5300
The name, title, and contact information of this individual will be published annually:
A. in the staff handbooks
The Compliance Officer is responsible for coordinating the Academy's efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the ADA. A copy of Section 504 and the ADA, including copies of the implementing regulations, may be obtained from the Compliance Officer.
The Compliance Officer will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Board's adopted internal complaint procedure, and will attempt to resolve such complaints.
The ESP will provide for the prompt and equitable resolution of complaints alleging violations of Section 504/ADA. The ESP will further establish and implement a system of procedural safeguards in accordance with Section 504, including the right to an impartial due process hearing. (See AG 2260.01B)
Training
The Compliance Officer will also oversee the training of employees in the Academy so that all employees understand their rights and responsibilities under Section 504 and the ADA, and are informed of the Board's policies, Administrative Procedures and practices with respect to fully implementing and complying with the requirements of Section 504/ADA.
The ESP will provide in-service training and consultation to staff responsible for the education of persons with disabilities, as necessary and appropriate.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260.01 - page 79
Facilities
No qualified person with a disability will, because the Academy's facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies.
For facilities constructed or altered after June 3, 1977, the Academy will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the Academy is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their child's educational program or meetings pertinent thereto. Programs and activities will be designed and scheduled so that the location and nature of the facility or area will not deny a student with a disability the opportunity to participate on the same basis as students without disabilities.
Education
The Board is committed to identifying, evaluating, and providing a free appropriate public education (FAPE) to students within its jurisdiction who have a physical or mental impairment that substantially limits one or more major life activities, regardless of the nature or severity of their disabilities.
An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of students with disabilities. For disabled students who are not eligible for specially designed instruction under the IDEIA, the special education and related aids and services (including accommodations/modifications/interventions) they need in order to have their needs met as adequately as the needs of nondisabled students are met, shall be delineated, along with their placement, in a Section 504 Plan (Form 2260.01A F13). Parents/guardians/custodians ("parents") are invited and encouraged to participate fully in the evaluation process and development of a Section 504 Plan.
The Board is committed to educating (or providing for the education of) each qualified person with a disability who is enrolled by the Academy to the maximum extent appropriate. Generally, the Academy will place a person with a disability in the regular educational environment unless it is demonstrated that the education of the person in the regular environment even with the use of supplementary aids and services cannot be achieved satisfactorily. If the Academy places a person in a setting other than the regular educational environment, it shall take into account the proximity of the alternate setting to the person's home.
The Academy will provide non-academic extracurricular services and activities in such a manner as is necessary to afford qualified persons with disabilities an equal opportunity for participation in such services and activities.
Notice
Notice of the Board's policy on nondiscrimination in education practices and the identity of the Compliance Officer***IF P 1623 Number of Compliance Officers > 1*** will be posted throughout the Academy, and published in the Academy's recruitment statements or general information publications.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260.01 - page 80
The Educational Service Provider shall develop Administrative Procedures for the proper implementation of this policy.
Complaint Procedures If a person believes that s/he has been discriminated against on the basis of his/her disability, the person may utilize the following complaint procedures as a means of reaching, at the lowest possible administrative level, a prompt and equitable resolution of the matter.
In accordance with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations (“Section 504”), parents and students will be notified of their right to file an internal complaint regarding an alleged violation, misinterpretation or misapplication of Section 504. In addition, students and their parents will be notified of their right to file a complaint with the U.S. Department of Education's Office for Civil Rights. Finally, students and parents will be advised of their right to request a due process hearing before an Impartial Hearing Officer (IHO) regarding the identification, evaluation or educational placement of persons with disabilities, and their right to examine relevant education records.
Internal complaints and requests for due process hearings must be put in writing and must identify the specific circumstances or areas of dispute that have given rise to the complaint or the request for a hearing, and offer possible solutions to the dispute. The complaint or request for due process hearing must be filed with the Compliance Officer within specified time limits. The Compliance Officer is available to assist individuals in filing a complaint or request.
Internal Complaint Procedures
An internal complaint may be filed by a student and/or parent. A student and/or parent may initiate the internal complaint procedure when s/he/they believe that a violation, misapplication or misinterpretation of Section 504 has occurred. Additionally, the following procedure may be used for any disagreement with respect to actions regarding the identification, evaluation, or educational program or placement of students who are identified as disabled or believed to be disabled pursuant to Section 504, and are not eligible under the IDEIA, except in the case of disciplinary actions where the provisions of the Student Code of Conduct apply. Use of the internal complaint procedure is not a prerequisite to the pursuit of other remedies, including the filing of a complaint with the U.S. Department of Education's Office for Civil Rights or requesting a due process hearing.
Step 1 Investigation by the Compliance Officer: A student or parent may initiate an investigation by filing a written internal complaint with the Compliance Officer. The complaint should fully describe the circumstances giving rise to the dispute and how the child is adversely affected. The complaint must be filed as soon as possible, but not longer than thirty (30) calendar days after disclosure of the facts giving rise to the complaint. The Compliance Officer shall conduct an impartial investigation of the complaint. As part of the investigation, the Compliance Officer shall permit the complainant to present witnesses and other evidence in support of the complaint. The investigation shall be completed within fifteen (15) school days of the written complaint being filed. The Compliance Officer will notify the complainant in writing of his/her decision.
Step 2 If the complaint is not resolved satisfactorily at Step 1, the student or parent may request a due process hearing, provided the complaint involves an issue related to the identification, evaluation, or placement of the student.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2260.01 - page 81
If it is determined that the Complainant was subjected to unlawful discrimination, the Compliance Officer must identify what corrective action will be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective action should be reasonable, timely, age-appropriate and effective, and tailored to the specific situation.
OCR Complaint
At any time, if a student or parent believes that s/he has been subjected to discrimination based upon his/her disability in violation of Section 504 or the ADA, the individual may file a complaint with the U.S. Department of Education's Office for Civil Rights ("OCR"). The OCR can be reached at: U.S. Department of Education Office for Civil Rights Cleveland Office 1350 Euclid Avenue, Suite 325 Cleveland, Ohio 44115 (216) 522-4970 FAX: (216) 522-2573 TDD: (216) 522-4944 E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Retaliation
Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination, or participates as a witness in an investigation, is prohibited. Specifically, the Board will not retaliate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice made unlawful by Section 504 or the ADA, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under those laws, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261 - page 82
TITLE I SERVICES
Reference: 20 USC 6301 et seq., Elementary and Secondary Education Act of 1965 34 C.F.R. Part 200, et seq.
The Board elects to augment the educational program of educationally disadvantaged students by the use of Federal funds and in accordance with Title I of the Amendments to the Elementary and Secondary School Improvement Act of 1965.
The ESP shall prepare and present to the State Department of Education a plan for the delivery of services that meets the requirements of the law, including those described below. The plan shall be developed by appropriate staff members and parents of students who will be served by the plan.
Assessment
The Academy shall annually assess the educational needs of eligible children, as determined by Federal and State criteria. This assessment shall include performance measures mandated by the Department of Education as well as those determined by the Academy's professional staff to assist in the diagnosis, teaching, and learning of the participating students.
Scope
The Academy shall determine if the funds will be used to upgrade the educational program of the entire Academy and/or to establish or improve programs that provide services only for eligible students in greatest need of assistance. The program, for the entire Academy and/or the Targeted Assistance Academy, shall include the components required by law as well as those agreed upon by participating staff and parents.
Participation
The Title I program shall be developed and evaluated in consultation with parents and professional staff members involved in its implementation. Appropriate training will be provided to staff members who provide Title I services. Parent participation shall be in accord with Board Policy 2261.01 and shall meet the requirements of Section 1118 of the Act.
Comparability of Services
Title I funds will be used only to augment, not to replace, State and local funds. The ESP shall use State and local funds to provide educational services in the Academy that, taken as a whole, are at least comparable to services being provided in a school not receiving Title I assistance. In accordance with Federal regulations, the determination of the comparability of services may exclude State and local funds spent on compensatory education programs, bilingual education programs, and programs for educationally disabled students.
The determination of comparability will not take into account unpredictable changes in student enrollments or personnel assignments.
To achieve comparability of services, the ESP shall assign teachers, administrators, and auxiliary personnel and provide curriculum materials and instructional supplies in such a manner as to ensure equivalence throughout the Academy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261 - page 83
Professional Development
The ESP shall develop Administrative Procedures that provide for the professional staff to participate in the design and implementation of staff development activities that meet the requirements of Section 1119 of the Act. The Staff Development Plan shall contain the following:
A. involve parents in the training, when appropriate;
B. combine and consolidate other available Federal and public school funds;
C. foster cooperative training with institutions of higher learning and other educational organizations, including other schools;
D. include in the staff development curriculum the following strategies:
1. creating and using performance-based student assessments;
2. using technology in teaching and learning;
3. working effectively with parents;
4. understanding early childhood education;
5. meeting children's special needs by using differentiated instruction;
6. fostering gender-equitable education; and
7. (for paraprofessionals) working toward certification as professional educators. Simultaneous Services
In accordance with law, the Academy offering Title I services may also serve other students with similar needs.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261.01 - page 84
PARENT PARTICIPATION IN TITLE I PROGRAMS
Reference: 20 USC 6318, Elementary and Secondary Education Act of 1965 34 C.F.R. Part 200 et seq.
In accordance with the requirement of Section 1118 of Title I programs supported by Title I funds must be designed and implemented in consultation with parents of the students being served.
The ESP shall ensure that the Title I plan contains a written statement of procedures developed with, approved by, and distributed to parents of participating students. The procedures shall describe the manner in which the following will be accomplished:
A. involve parents in the program, inviting their participation in the development of the plan;
B. conduct meetings with parents, using flexible scheduling; offering whatever assistance the Academy may be able to give parents to better ensure their attendance at meetings; and provide information on school and parent programs, meetings and other activities to Title I parents in a language and format the parents can understand;
C. at meetings, review and explain the curriculum, means of assessment, and the proficiency levels students are expected to achieve and maintain;
D. provide opportunities for parents to formulate suggestions, interact and share experiences with other parents, and participate appropriately in the decisionmaking about the program and revisions in the plan;
E. involve parents in the planning, review, and improvement of the Title I program;
F. inform parents about the Academy's performance profiles and their child's individual performance;
G. assist parents in helping their children to achieve the objectives of the program by ensuring regular attendance; monitoring television-watching; providing adequate time and the proper environment for homework; guiding nutritional and health practices; and the like;
H. give timely responses to parental questions, concerns, and recommendations;
I. provide coordination, technical assistance, and other support necessary to assist Title I staff to develop effective parental participation activities to improve academic achievement;
J. conduct with parents an annual evaluation of the parental involvement plan, identifying any barriers to greater parental involvement (such as limited English, limited literacy, economic disadvantage, disability, migrant status, etc.) and devising strategies to improve parental involvement;
K. coordinate the parental involvement plan with other programs, such as Head Start, Reading First, Even Start, Parents as Teachers, and Home Instruction for
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261.01 - page 85
Preschool Youngsters; the Parents as Teachers Program, and public preschool and other programs, and conduct other activities, such as parent resource centers to encourage and support greater parental involvement;
L. conduct other activities as appropriate to the plan and State and Federal requirements; and
M. provide such reasonable additional support for parental involvement activities as parents may request.
The ESP shall also assure that the Academy develops a specific plan, with parental involvement, that details how the following will occur:
A. convene an annual meeting at a convenient time to which parents of participating children are invited to explain the parents' rights to be involved and the Academy's obligations to develop an involvement plan;
B. devise a flexible meeting schedule and assistance to encourage parental involvement, such as child-care, transportation, home visits, or similar aid;
C. involve parents in an organized, on-going, and timely way in the development, review and improvement of parent involvement activities;
D. provide participating students' parents with the following:
1. timely information about the Title I programs;
2. an explanation of the curriculum, the forms of academic assessment and the proficiency levels expected;
3. regular meetings, upon request, to make suggestions and receive response regarding their student's education;
E develop jointly with parents an Academy-parent compact, outlining the responsibilities of the school staff, the parents and the student for academic improvement, including the following:
1. the Academy's responsibility to provide high quality curriculum, and instruction in a supportive, effective learning environment;
2. parents' responsibility for such things as regular attendance, homework completion, participation in extracurricular activities, excessive television watching; parent volunteers in the classroom; and
3. the importance of parent-teacher communication on an ongoing basis through at least annual parent teacher conferences to discuss achievement and the compact; frequent progress reports to the parents; reasonable access to the staff; and opportunities to observe and participate in classroom activities.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261.02 - page 86
TITLE I – A PARENT'S RIGHT TO KNOW
Reference: 20 USC 6311, Elementary and Secondary Education Act of 1965 34 C.F.R. Part 200 et seq.
In accordance with the requirement of Section 1111 of Title I, for each school receiving Title I funds, the ESP shall insure that all parents of students in the Academy are notified that they may request, and the Academy will provide the following information about the student's classroom teachers:
A. the status of the teacher(s) State qualification and licensing for the grade level and subject areas they are teaching;
B. any emergency or provisional status in which the State requirements have been waived for the teacher(s);
C. the undergraduate major of the teacher(s) and the area of study and any certificates for any graduate degrees earned; and
D. the qualifications of any paraprofessionals providing services to their child/children.
In addition, the parents shall be provided information on the level of achievement of their child/children on the required State academic assessments. Further, parents will receive timely notice if the student is assigned to a teacher who is not "highly qualified" as required or if the student is taught for more than four (4) weeks by a teacher who is not "highly qualified."
The notices and information shall be provided in an understandable format and, to the extent possible, in a language the parent(s) understand.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2261.03 - page 87
FEDERAL SCHOOL IMPROVEMENT PLAN
Reference: 20 USC § 6316; 34 CFR § 200.41
If the Academy is identified as requiring school improvement, in accordance with requirements of the No Child Left Behind Act, it shall adopt policies and practices regarding the Academy's core academic subjects that are most likely to ensure that students will meet the State's proficient level of achievement on the State academic assessment not later than the 2013-2014 school year.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2270 - page 88
RELIGION IN THE CURRICULUM
Reference: U.S. Constitutional Amendment 1 M.C.L. 380.1187
Based on the First Amendment protection against the establishment of religion in the schools, no Board employee will promote religion in the classroom or in the Academy's curriculum, or compel or pressure any student to participate in devotional exercises. Displays of a religious character must conform with Policy 8800. Instructional activities shall not be permitted to advance or inhibit any particular religion or religion generally.
An understanding of religions and their effects on civilization is essential to the thorough education of young people and to their appreciation of a pluralistic society. To that end, curriculum may be developed to include instruction about the religions of the world, as appropriate to the various ages and attainment of the students.
The Board acknowledges the degree to which a religious consciousness has permeated the arts, literature, music, and issues of morality. The instructional and resource materials approved for use in the Academy frequently contain religious references or concern moral issues traditionally the focus of religious concern. That such materials may be religious in nature shall not, by itself, bar their use by the Academy. The Board directs that such materials be neutral in their approach and avoid using them to advance or inhibit religion in any way.
The Board recognizes that religious traditions vary in their perceptions and doctrines regarding the natural world and its processes. The curriculum is chosen for its place in the education of the Academy's students, not for its conformity to religious principles. Students should receive unbiased instruction in the Academy, so they may privately accept or reject the knowledge thus gained, in accordance with their own religious tenets.
Accordingly, no student shall be exempted from attendance in a required course of study on the grounds that the instruction therein interferes with the free exercise of his/her religion. However, if after careful, personal review of the program's lessons and/or materials, a parent indicates to the school that either the content or activities conflict with his/her religious beliefs or value system, the school will honor a written request for his/her child to be excused from particular class periods for specified reasons. The student will be provided with alternate learning activities during the times of such parent requested absence.
No classroom teacher shall be prohibited from providing reasonable periods of time for activities of a moral, philosophical, or patriotic theme. No student shall be required to participate in such activities if they are contrary to the religious convictions of the student or his/her parents or guardians.
The Board acknowledges that it may not adopt any policy or rule respecting or promoting an establishment of religion or prohibiting any student from the free, individual, and voluntary exercise or expression of the student's religious beliefs. However, such exercise or expression may be limited to lunch periods or other non-instructional time periods when students are free to associate.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2280 - page 89
PHYSICAL EDUCATION
Reference: Michigan State Board of Education Policy on Quality Physical Education
The Board recognizes the value of physical education to the maintenance of the health and vitality of all students, as well as to the development of life-long habits that will enhance personal fitness and wellness. Quality physical education programs positively impact students' physical, social, and mental health. It is the unique role of quality physical education programs to provide opportunities for children to understand the importance of physical activity and to acquire skills to combat a sedentary lifestyle.
Curriculum: The Academy's physical education program shall:
A. have a curriculum aligned with the Michigan K-12 Physical Education Content Standards and Benchmarks;
B. equip students with the knowledge, skills, and attitudes necessary for lifelong physical activity; and
C. influence personal and social skill development.
Instruction and Assessment: The Academy's physical education program shall:
A. be taught by a certified physical education teacher trained in best practice physical education methods;
B. align curriculum, instruction, and assessment;
C. engage students in curriculum choices that prepare them for a wide variety of lifetime activities;
D. involve all students in purposeful activity for a majority of the class period;
E. build students' confidence and competence in physical abilities; and
F. include students of all abilities.
Opportunity to Learn: The Academy's physical education program shall:
A. offer instructional periods totaling 150 minutes per week (elementary) and 225 minutes per week (middle and high school);
B. maintain a teacher to student ratio consistent with those of other subject areas and/or classrooms;
C. provide facilities to implement the curriculum for the number of students served;
D. provide sufficient functional equipment for each student to actively participate;
E. build students' confidence and competence in physical abilities; and
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2280 - page 90
F. include students of all abilities.
The Academy shall provide daily opportunities for unstructured physical activity, commonly referred to as recess, for all students in Pre-K through grade six. Recess should be in addition to physical education class time and not be a substitute for physical education. Each school shall provide proper equipment and a safe area designated for supervised recess in the elementary setting. School staff should not withhold participation in recess from students or cancel recess to make up for missed instructional time. Schools should provide opportunities for some type of physical activity for students in grades seven through twelve apart from physical education class and organized sports.
Provision shall be made at all levels to excuse individual students from specific activities if direction to do so is received, in writing, from the student's physician.
Students may be excused from specific activities if those activities are contrary to their religious beliefs. A request to excuse a student from such activities must be received in writing from the student's parent or from the eligible student.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2330 - page 91
HOMEWORK
The Board acknowledges the educational validity of assignments outside the classroom as adjuncts to and extensions of the instructional program of the Academy.
"Homework" shall refer to those assignments to be prepared outside of the classroom by the student or independently while in attendance at the Academy.
The ESP shall develop Administrative Procedures for the assignment of homework to meet the following criteria:
A. Homework should be a properly planned part of the curriculum to extend and reinforce the learning experiences of the Academy.
B. Homework should help students learn by providing practice in the mastery of skills, experience in data gathering, integration of knowledge, and opportunity to remediate learning problems.
C. Homework should help develop the student's sense of responsibility by providing an opportunity for the exercise of independent work and judgment.
D. The number, frequency, and degree of difficulty of homework assignments should be based on the ability and needs of the student and should take into account other activities, which make a legitimate claim on the student's time.
E. As a valid educational tool, homework should be assigned with clear direction and its product carefully evaluated.
F. The Academy should recognize the role of parents by suggesting ways in which parents can assist the Academy in helping a student carry out assigned responsibilities.
G. Homework should always serve a valid learning purpose; it should never be used as a punitive measure.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2340 - page 92
FIELD AND OTHER ACADEMY-SPONSORED TRIPS
Reference: MCL 380.502, 380.503
The Board recognizes that field trips, when used for teaching and learning integral to the curriculum, are an educationally sound and important ingredient in the instructional program of the Academy. Properly planned and executed field trips should accomplish the following:
A. supplement and enrich classroom procedures by providing learning experiences in an environment outside the classroom;
B. arouse new interests among students;
C. help students relate classroom experiences to the reality of the world outside of school;
D. bring the resources of the community - natural, artistic, industrial, commercial, governmental, and educational - within the student's learning experience; and
E. afford students the opportunity to study real things and real processes in their actual environment.
For purposes of this policy, a field trip shall be defined as any planned journey by one or more students away from the Academy premises that is under the supervision of a staff member and is an integral part of a course of study. Other Academy-sponsored trips shall be defined as any planned, student travel activity that is approved as part of the Academy's total educational program.
The Administration shall:
A. Approve all proposed field trips.
All other trips must be approved by the ESP.
Students may be charged fees for Academy-sponsored trips. Nonparticipation shall not be penalized academically.
Students on all Academy-sponsored trips remain under the supervision of this Board and are subject to the Administrative Procedures.
The Board does not endorse, support, or assume liability in any way for any staff member, volunteer, or parent of the Academy who takes students on trips not approved by the Board or the ESP. No staff member may solicit students of the Academy for such trips within the facilities or on the school grounds of the Academy without permission from the School Leader. Permission to solicit neither grants nor implies approval of the trip. Such approval must be obtained in accordance with the Administrative Procedures for Extended Trips.
The ESP shall prepare Administrative Procedures for the operation of both field and other Academy-sponsored trips, including athletic trips, which shall ensure the following:
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2340 - page 93
A. the safety and well-being of students is secure;
B. parental permission is sought and obtained before any student leaves the Academy on a trip;
C. each trip is properly planned and, if a field trip, is integrated with the curriculum, evaluated, and followed up by appropriate activities to enhance its usefulness;
D. the effectiveness of field trip activities is judged in terms of demonstrated learning outcomes;
E. each trip is properly monitored;
F. student behavior while on all field trips complies with the Student Code of Conduct and on all other trips complies with an approved code of conduct for the trip; and
G. a copy of each student's Emergency Medical Authorization Form is in the possession of the staff member in charge.
A professional staff member shall not change a planned itinerary while the trip is in progress, except where the health, safety, or welfare of the students in his/her charge is imperiled or where changes or substitutions beyond his/her control have frustrated the purpose of the trip.
In any instance in which the itinerary of a trip is altered, the professional staff member in charge shall notify the administrative superior immediately.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2370 - page 94
EDUCATIONAL OPTIONS
Reference: MCL 388.1621(b)
The Board recognizes the need to provide alternative means by which students achieve the goals of the Academy.
An optional plan to meet the recognized educational needs of a student shall be approved by the ESP. The ESP shall prepare a plan of educational options for use in meeting special needs.
Such options may include, but not be limited to, tutorial programs, independent study, correspondence courses, educational travel, mentorship programs, summer school, early college entrance, etc.
Credit may be granted to the student upon complete evaluation of the program.
The credit shall be placed on the student's transcript. The amount of credit counting toward graduation shall comply with the Academy graduation requirements.
The ESP shall establish Administrative Procedures whereby each educational option is properly analyzed, planned, and implemented and complies with all applicable requirements of the State.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2370.01 - page 95
ONLINE/BLENDED LEARNING PROGRAM
Reference: M.C.L. 388.1621 Michigan Department of Education Guidance on Best Practices as Defined in M.C.L. 388.1622f
The Academy shall provide eligible students the option of participating in on-line or blended learning courses. The purpose of the program is to make instruction available to eligible students using on-line and distance education technology in both traditional and nontraditional classroom settings. The Academy must make all eligible students and their parents or guardians aware of this program
A. Definitions
1. Online Learning: A course of study that is capable of generating a credit or a grade, that is provided in an interactive internet-connected learning environment, in which students and their teachers are separated by time or location, or both, and in which the teacher is responsible for determining appropriate instructional methods for each student, diagnosing learning needs, assessing student learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies.
2. Blended Learning: A hybrid instructional delivery model where students are provided content, instruction, and assessment in part at the classroom, with a teacher, and in part through internet-connected learning environments with some degree of student control over time, location, and pace of instruction.
B. Program Eligibility
The Academy shall offer a program for students in K-12.
C. Student Eligibility
1. Students eligible for the Academy online/blended learning program must meet at least one of the following conditions:
a. The student has spent the prior school year in attendance at a public school in this State and was enrolled and reported by a public school district.
b. The student is a dependent child of a member of the United States Armed Forces who was transferred within the last twelve (12) months to Michigan from another state or foreign country pursuant to the parent’s permanent change of station orders.
2. Only students enrolled in grades 6 to 12 are eligible to enroll in an online learning course. Students in grades K-5 are only eligible to participate in blended learning courses.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2370.01 - page 96
D. Course Availability and Access
1. The Academy shall provide access to enroll and participate in the available courses and shall award credit, as may be appropriate, for successful completion. Access shall be available to eligible students during or after the school day and during summer school enrollment. The Academy will provide at least one of the following: a. online learning, pursuant to the requirements set forth in Pupil Accounting Manual 5-O-D;
b. virtual learning, pursuant to the requirements set forth in Pupil Accounting Manual 5-O-A; or
c. independent study, pursuant to the requirements set forth in Pupil Accounting Manual 5-O-A.
2. The Academy shall enroll an eligible student in up to two (2) online courses as requested by the student during an academic term, semester, or trimester. Consent from the student’s parent or legal guardian must be obtained for students under the age of eighteen (18).
3. The Academy will provide two or fewer courses per semester in Grades K5 and one or more courses per semester in Grades 6-12. If students are taking more than two courses per semester, the guidance found in the Pupil Accounting Manual 5-O-B shall be followed and seat time waivers obtained.
4. An eligible student may enroll in an online course published in the Academy on-line course syllabus, as described in section 8 below, or the statewide catalog of online courses maintained by the Michigan virtual university.
5. The Academy may deny a student enrollment in an online course if any of the following apply, as determined by the Academy:
a. The student has previously gained the credits provided from the completion of the online course.
b. The online course is not capable of generating academic credit.
c. The online course is inconsistent with the remaining graduation requirements or career interests of the student.
d. The student does not possess the prerequisite knowledge and skills to be successful in the online course or has demonstrated failure in previous online coursework in the same subject.
e. The online course is of insufficient quality or rigor. If the Academy denies a student enrollment for this reason, the Academy shall make a reasonable effort to assist the student to find an alternative course in the same or a similar subject that is of acceptable rigor and quality.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2370.01 - page 97
f. If a student is denied enrollment in an on-line course by the Academy, the student may appeal the denial by submitting a letter to the School Leader. The appeal must include the reason provided by the Academy for not enrolling the student and the reason why the student is claiming that the enrollment should be approved.
The School Leader shall respond to the appeal within five (5) days after it is received. If the School Leader determines that the denial of enrollment does not meet one (1) or more of the reasons specified in subsection 4(E)i.-vi., the Academy shall allow the student to enroll in the on-line course.
g. An online learning student shall have the same rights and access to technology in his or her Academy’s facilities as all other students enrolled in that Academy.
h. If a student successfully completes an online course, as determined by the Academy, the Academy shall grant appropriate academic credit for completion of the course and shall count that credit toward completion of graduation and subject area requirements. A student’s school record and transcript shall identify the online course title as it appears in the on-line course syllabus.
i. The enrollment of a student in one (1) or more online courses shall not result in a student being counted as more than 1.0 full-time equivalent students under this act. E. Nonresident Applications
1. The Academy shall determine whether or not it has capacity to accept applications for enrollment from nonresident applications in online courses and may use that limit as the reason for refusal to enroll an applicant.
2. If the number of nonresident applicants eligible for acceptance in an online course does not exceed the capacity of the Academy to provide the on-line course, the Academy shall accept for enrollment all of the nonresident applicants eligible for acceptance.
3. If the number of nonresident applicants exceeds the Academy’s capacity to provide the online course, the Academy shall use a random draw system.
F. Requirements Specific to On-Line Learning Courses
To offer an online course, the Academy must:
1. Provide the Michigan virtual university with the course syllabus in a form and method prescribed by the Michigan virtual university for inclusion in a statewide online course catalog.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2370.01 - page 98
2. Provide on its publicly accessible website a link to the course syllabi for all of the on-line courses offered by the Academy, as described in section 8, and a link to the statewide catalog of online courses maintained by the Michigan virtual university.
3. Offer the online course on an open entry and exit method, or aligned to a semester, trimester, or accelerated academic term format.
G. On-Line Course Syllabus
The Academy must publish an on-line course syllabus for each on-line course offered. The on-line course syllabus must include:
1. State academic standards addressed in an on-line course.
2. On-line course content outline.
3. On-line course required assessments.
4. On-line course pre-requisites.
5. Expectations for actual teacher contact time with the on-line learning student and other student-to-teacher communications.
6. Academic support available to the on-line learning student.
7. On-line course learning outcomes and objectives.
8. Name of the institution or organization providing the on-line instructor.
9. Number of eligible nonresident students that will be accepted by the Academy in the on-line course.
10. Results of the on-line course quality review using the guidelines and model review process published by the Michigan virtual university.
The Academy may offer a full time or part time program for grade 9-12 students enrolled in dropout prevention, academic intervention, core courses to meet graduation requirements, or dual enrollment programs.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2412 - page 99
HOMEBOUND INSTRUCTION PROGRAM
Reference: MCL 388.1606, 388.1709
Pursuant to requirements of the Michigan Department of Education, the Academy shall provide individual instruction to students of legal school age who are not able to attend classes because of a physical or emotional disability and/or shall arrange through the Genesee Intermediate School District to provide such instruction.
Applications for individual instruction shall be made by a parent, a student, other care giver, or a physician licensed to practice in Michigan. The physician must do the following:
A. certify the nature and existence of a medical condition;
B. state the probable duration of the confinement;
C. request such instruction; and
D. present evidence of the student's ability to participate in an educational program.
Applications must be approved by School Leader.
The Academy will provide homebound instruction only for those confinements expected to last at least five (5) days.
The Academy shall recommend that the instruction begin within three (3) days from the date of notification for non-special education students. In the case of students under an Individualized Education Plan (I.E.P.), the instruction shall begin within fifteen (15) days after notification in order to arrange for a meeting of an I.E.P., if necessary.
The program of homebound or hospitalized instruction given a student shall be in accordance with regulations of the Michigan State Department of Education with such exceptions as may be recommended by the physician. Teachers of homebound special education students shall hold a Michigan teaching certificate appropriate for the level of instruction for which the assignment is made or for the type of instruction called for by the I.E.P. Teachers of non-disabled students must hold a valid teaching certificate. The Academy reserves the right to withhold recommendation for homebound instruction under the following conditions:
A. when the teacher's presence in the place of a student's confinement presents a hazard to the health of the teacher;
B. when a parent or other adult in authority is not at home with the student during the hours of instruction; or
C. when the condition of the student prevents the student from benefiting from the instruction.
The ESP shall develop Administrative Procedures for implementing this policy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2413 - page 100
HEALTH EDUCATION PROGRAM
Reference: MCL. 388.381 et seq., 380.1170, 380.1506/1507 AC Rule 388.271 et seq.
The Board, consistent with Michigan law, has adopted a comprehensive program of health education, known as the Michigan Model for Comprehensive School Health Education to prepare students to maintain good health and enable them to adapt to changing health problems in our society.
The Board recognizes this program, like others the Academy offers, may contain content and/or activities that some parents might find objectionable. The Academy shall notify the parents, in advance of the instruction, about the content of the instruction and shall give parents an opportunity to review the materials to be used.
The ESP shall prepare Administrative Procedures that will ensure the following:
A. appropriate learning experiences related to such topics as use, abuse, and effects of drugs, alcohol, and tobacco; mental, physical, and dental health; disease prevention and control; accident prevention; and related health and safety topics;
B. periodic evaluation of student understanding; and
C. continuous analysis of the effectiveness of the programs and the accuracy, completeness, and relevancy of the information and instructional procedures.
In implementing these programs, the ESP may use whatever Academy and outside resources s/he deems appropriate, including Department of Education and Intermediate School District guidelines and consultants.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2414 - page 101
REPRODUCTIVE HEALTH AND FAMILY PLANNING
Reference: MCL 380.1169 AC Rule 388.273 et seq.
The Board directs that students receive instruction in reproductive health and family planning. Reproductive Health shall be defined as that state of an individual's well-being that involves the reproductive system and its physiological, psychological, and endocrinology functions.
In addition, students shall be instructed in the recognition, prevention, and treatment of noncasual, contact-communicable diseases such as venereal diseases, HBV, and HIV. Instruction shall also be given in the use of abstinence from sex as a responsible method for restriction and prevention of non-casual, contact-communicable disease and as a positive lifestyle for unmarried young people.
The Board accepts as policy the guidelines entitled "Sex Education Guidelines including Reproductive Health and Family Planning" established by the Michigan Department of Education. A copy shall be available for inspection in the Academy office.
Each person who teaches students in grades K to 12 about human immunodeficiency virus infection and acquired immunodeficiency syndrome shall have training in human immunodeficiency virus infection and acquired immunodeficiency syndrome education for young people. Licensed health care professionals who have received training on human immunodeficiency virus infection and acquired immunodeficiency syndrome are exempt from this requirement.
A Sex Education Advisory Board (AG 2414) shall be established in order to ensure the effective participation of parents and community groups in the design and implementation of this program area.
Teacher consultants to the Academy will meet preparatory criteria established by the State guidelines before participating in sex education instructional activities.
The Academy shall notify parents, in advance of the instruction, about the content of the instruction, give the parents an opportunity, prior to instruction, to review the materials to be used (other than tests), and observe the instruction. The Academy shall further advise the parents of their right to have their child excused from the instruction.
The ESP shall prepare Administrative Procedures that include at least two (2) public hearings on any revisions to any of the curricula described above. The hearings shall be held at least one (1) week apart and public notice of the hearings shall be given and conducted in accordance with the Open Meetings Act.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2416 - page 102
STUDENT PRIVACY AND PARENTAL ACCESS TO INFORMATION
Reference: Family Educational Rights and Privacy Act ("FERPA"), 20 USC §§ 1232g, 1232h; 34 CFR §§ 99.7, 99.31
The Board respects the privacy rights of parents and their children. Without prior written consent of the student, (if an adult or an emancipated minor) or his/her parents (if an un-emancipated minor), no student shall be required, as a part of the Academy program or the Academy's curriculum, to submit to or participate in any survey, analysis, or evaluation that reveals information concerning the following:
A. political affiliations or beliefs of the student or his/her parents;
B. mental or psychological problems of the student or his/her family;
C. sexual behavior or attitudes;
D. illegal, anti-social, self-incriminating, or demeaning behavior;
E. critical appraisals of other individuals with whom respondents have close family relationships;
F. legally recognized privileged and analogous relationships, such as those with lawyers, physicians, and ministers;
G. religious practices, affiliations, or beliefs of the student or his/her parents; or
H. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program).
The ESP, shall ensure that procedures are established whereby parents may inspect any materials used in conjunction with any such survey, analysis, or evaluation.
Upon request, parents shall have the right to inspect a survey or evaluation created by a third party before the survey/evaluation is administered or distributed by the Academy to the student. The parent shall have access to the survey/evaluation within a reasonable period of time after the request is received by the School Leader.
To ensure the right of parents, the Board directs the ESP, to perform the following:
A. Provide timely, written notification to parents about any surveys, analyses, or evaluations that may reveal any of the information identified in A-H above. Such notification shall inform parents about their right to inspect the survey, analysis, or evaluation prior to the initiation of the activity with students.
B. Allow the parent the option of excluding their student from the activity. C. Report collected data in a summary that does not permit one to make a connection between the data and individual students or small groups of students.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2416 - page 103
D. Treat information as identified in A-H above as confidential information in accordance with Policy 8350.
Upon written request, parents have the right to inspect any instructional material used as part of the educational curriculum of the student. Parents will have access to the instructional material within a reasonable period of time after the written request is received by the School Leader. The term instructional material means any learning materials provided to a student, regardless of its format, including printed and representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or assessments.
The Board will not allow the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information (or otherwise providing that information to others for that purpose).
The ESP, shall provide notice directly to parents of students enrolled in the Academy of the substantive content of this policy, at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in this policy. In addition, the ESP, shall notify parents of students in the Academy, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the following activities are scheduled or expected to be scheduled:
A. activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose); and
B. activities involving the administration of any survey by a third party that contains one or more of the items described in A through H above.
For purposes of this policy, the term parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent, with whom the child lives, or other person legally responsible for the welfare of the child).
The ESP shall develop Administrative Procedures for the implementation of this policy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2417 - page 104
COMPREHENSIVE SCHOOL HEALTH EDUCATION
Reference: Michigan State Board of Education Policy on Comprehensive School Health Education
The Academy shall provide a comprehensive health education program that addresses the essential knowledge and skills that helps students to become "health literate," making the healthiest choices available, and avoiding those behaviors that can cause damage to their health and well-being.
The Academy shall comply with current state law in implementing comprehensive health education programs. In doing so, the Board shall adopt, implement, and evaluate a researchbased, theory-driven comprehensive education program.
The Academy's comprehensive health education program shall strive to:
A. provide at least fifty (50) hours of health education instruction at every grade, Prekindergarten through Grade 12, to give all students sufficient time to learn health skills and habits for a lifetime;
B. help students master the Michigan Health Education Content Standards and Benchmarks;
C. focus on helping young people develop and practice personal and social skills, such as communication and decision making, in order to deal effectively with health-risk situations;
D. use active, participatory instructional strategies to engage all students;
E. address social and media influences on student behaviors and help students identify healthy alternatives to specific high-risk behaviors;
F. emphasize critical knowledge and skills that students need in order to obtain, understand, and use basic health information and services in ways that enhance healthy living;
G. focus on behaviors that have the greatest effect on health, especially those related to nutrition; physical activity; violence and injury; alcohol and other drug use; tobacco use; and sexual behaviors that lead to HIV, sexually transmitted disease, or unintended pregnancy, emphasizing their short-term and long-term consequences;
H. build functional knowledge and skills, from year to year, that are developmentally appropriate; and
I. include accurate and up-to-date information, and be appropriate to students' developmental levels, personal behaviors, and cultural backgrounds.
Assessment: Student work in health education courses shall be regularly assessed and graded using performance-based items that are aligned with the health education content standards.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2417 - page 105
Course grades shall be determined in the same manner as other subject areas, and shall be included in calculations of grade point average, class rank, and academic recognition programs.
Collaborative Approach: Collaborative and integrative approaches shall be used in the teaching of health education. The health education program is one component of a coordinated school health program and shall be coordinated with other school health initiatives.
Health topics shall be integrated into the instruction of other subjects with the assistance of school health education professionals, in order to complement the health education program. The Academy will collaborate with community organizations to provide student learning opportunities in both the classroom and the community. Participation in community opportunities for service learning related to health and utilization of community resources as a part of classroom instruction shall be in accordance with policies of the Board and relevant to course objectives.
The Academy shall partner with parents/guardians and families, who are recognized as the first and primary health educators of their children, in order to provide consistent messages regarding health behavior. Health education programs shall be consistent with school and community standards that support positive parent/child communications and guidance.
Implementation: The Academy shall employ highly qualified teachers of health education. Such teachers shall possess the necessary qualifications, skills, and training essential to perform their duties well, and shall serve as positive role models by demonstrating healthy behaviors.
Teachers shall have received quality professional development in health education through their pre-service preparation or through in-service training.
In order to teach health in secondary health courses, a teacher must have an endorsement in health or family and consumer sciences on their secondary level teaching certificate.
The Academy supports ongoing professional development activities specifically related to health education, including practice using strategies designed to positively influence students' health behaviors and attitudes.
The Board shall evaluate its policies and implementation of Academy efforts that promote health literacy and healthy behaviors among all students. The Academy shall utilize available funds effectively in providing health education services and shall work with local partners in pursuit of additional resources to provide comprehensive school health education programming, professional development, and classroom materials.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2430 - page 106
ACADEMY-SPONSORED CLUBS AND ACTIVITIES
Reference: MCL 380.1282, 380.131 P.L. 98-377
The Board believes the goals and objectives of the Academy are best achieved by a diversity of learning experiences, especially those directly related to the curriculum, conducted either inside or outside of the classroom.
Activities directly related to the curriculum shall enable students to explore a wider range of individual interests than may be available in the Academy's courses of study, but are still directly related to accomplishing the educational outcomes for students as adopted by the Board in Policy 2131.
For purposes of this policy, such curricular-related activities are defined as those activities in which the following occur:
A. the subject matter is actually taught or will be offered;
B. the subject matter directly concerns the Academy's composite curriculum;
C. student participation is required; or
D. participation results in a grade.
No such curricular-related activity shall be considered to be under the sponsorship of this Board unless it meets the criteria stated above and has been approved by the School Leader.
Curricular-related activities, (as well as extra-curricular activities not directly related to the curriculum) may be conducted on or off Academy premises by clubs, associations, and organizations of students sponsored by the Board and directed by a staff advisor.
The Board shall allow non-Academy-sponsored, student clubs and activities during noninstructional time, in accordance with the provisions in Policy 5730 -- Equal Access For Student Clubs and Activities Not Sponsored by the Academy.
Non-curricular student activities initiated by parents or other members of the community may be allowed under the provisions of Policy 7510 - Use of Academy Facilities. The Board, however, will not do the following:
A. assume any responsibility for planning, conducting, or evaluating such activities;
B. provide any funds or other resources; or
C. allow any member of the Academy's staff to assist in the planning, conducting, or evaluating such activities during the hours s/he is functioning as a member of the staff. An organization not sponsored by the Academy may not use the name of the Academy or any other name which would associate the activity with the Academy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2430 - page 107
Students shall be fully informed of the curricular-related activities available to them and the eligibility standards established for participation in these activities. Academy-sponsored activities shall be available to all students who elect to participate and meet eligibility standards. Whenever a student becomes a member of a school-established student group or national organization (e.g., the National Honor Society), in order to remain a member, s/he must continue to meet all of the eligibility criteria and abide by the principles and practices established by the group or organization.
The ESP shall prepare Administrative Procedures for curricular-related clubs and activities. Such procedures should ensure the needs and interests of the students are properly assessed and procedures are established for continuing evaluation of each club and activity.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2431.01 - page 108
INTERSCHOLASTIC ATHLETICS
Reference: MCL 380.1289, 380.1318, Good Sportsmanship Campaign, Michigan High School Athletic Association
The Board recognizes the value to the Academy and to the community of a program of interscholastic athletics for as many students as feasible.
The program of interscholastic athletics should provide students the opportunity to exercise and test their athletic abilities in a context greater and more varied than that which can be offered by or the Academy alone.
The program should foster the growth of school loyalty with the student body as a whole and stimulate community interest in athletics.
Game activities and practice sessions should provide many opportunities to teach the values of competition and good sportsmanship.
The Board believes that it is the purpose of an interscholastic program to provide the benefits of an athletic experience to as large a number of students as feasible within the Academy.
The Board further adopts those eligibility standards set by the Constitution of the Michigan High School Athletics Association (MHSAA) and shall review such standards annually to ascertain that they continue to be in conformity with the objectives of this Board.
Since the primary purpose of the athletic program is to enhance the education of participating students as indicated in this policy, the Board places top priority on maximum student participation and the values of good sportsmanship, team play, and fair competition, rather than on winning, particularly at sub-varsity levels. The School Leader is to develop procedures for coaches to follow which will ensure that as many team members as possible get the chance to play, so they have the opportunity to benefit from the learning experience.
Use of a performance-enhancing substance by a student is a violation that will affect a pupil's athletic eligibility and extra-curricular participation, as determined by the Board.
A list of performance-enhancing substances developed by the Department of Community Health can be found AG 2431D. This list will be distributed to parents. The ESP shall develop appropriate Administrative Procedures for the operation of the Athletic Program and a Code of Conduct for those who participate. Such procedures should provide for the following safeguards:
Prior to enrolling in the sport,
A. Each participant shall submit to a thorough physical examination by a licensed physician.
B. Parents shall report any past or current health problems along with a physician's statement that any such problems have or are being treated and pose no threat to the student's participation.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2431.01 - page 109
C. Any student who is found to have a health condition which may be life-threatening to self or others shall not be allowed to participate until the situation has been analyzed by a medical review panel that has determined the conditions under which the student may.
D. Any student who incurs an injury requiring a physician's care is to have written approval by a physician prior to the student's return to participation.
A female student shall be permitted to compete for a position in all interscholastic athletic activities. If the Academy has a girls' team in an interscholastic athletic activity, a female shall be permitted to complete for a position on any other team for that activity.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2433 - page 110
OPERATION OF A CHILD CARE CENTER OR BEFORE/AFTER SCHOOL PROGRAM
Reference: MCL 380.1285a; R 400.5102; R 400.5104a; R 400.5107; R 400.5111b; R 400.5114
If a child care center or before/after-school program is operated by the Academy, the Board, in consultation with the director of the program and/or the ESP, shall develop, adopt, and annually review policies and Administrative Procedures concerning the program that, at a minimum, address safety procedures for the program, including first aid, food safety, discipline, dispensing and storage of medication, and access to student emergency information and telephones.
If the Academy operates a child care center, it shall develop and implement the following written policies:
A. a screening policy for all staff and volunteers, including parents, who have contact with children;
B. a policy regarding supervision of volunteers, including volunteers who are parents of a child in care;
C. an age-appropriate policy regarding the discipline of children, which shall be provided to staff and parents;
D. a health care plan that includes health-related resources and health practices and policies including procedures for child and staff hand washing; handling children's bodily fluids; cleaning and sanitizing all equipment, toys and other surfaces; and controlling infection, including universal precautions; and
E. a fee policy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2460 - page 111
EDUCATION OF CHILDREN WITH DISABILITIES
Reference: 20 USC §§ 1412, 1413, 1418, 1464; 34 CFR §§ 300.156, 300.201, 300.209, 300.220, 300.224, 300.626, 300.646
The Academy shall assume primary responsibility for the administration and delivery of special education programs and services to students with disabilities. The Academy is committed to the provision of a continuum of special education programs and services to disabled students in cooperation with the Genesee Intermediate School District. Placement options shall follow a continuum of services model to ensure that each disabled person is provided a free and appropriate public education in the least restrictive environment. To that end, every attempt will be made to first serve disabled students in the context of a regular education classroom. Other more restrictive environments, such as resource rooms, self-contained categorical classrooms, or settings outside the Academy will be considered only after consideration has been given by the individual educational plan as to the feasibility of placement in the regular classroom.
The ESP shall adopt Administrative Procedures that are consistent with State laws and regulations to coordinate services for children with disabilities.
The ESP shall take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2460.02 - page 112
LEAST RESTRICTIVE ENVIRONMENT (LRE) POSITION STATEMENT
Reference: IDEA, 20 USC 1400, et. seq.
It is the philosophy and position of the Board that the primary responsibility for the administration and delivery of special education programs and services should be within the Academy and at the Academy a student would regularly attend, whenever appropriate.
Further, the Board endorses a commitment to the provision of a continuum of special education programs and services to disabled students in cooperation with the Genesee Intermediate School District. Placement options shall follow a continuum of services model to ensure that each disabled person is provided a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). To that end, every attempt will be made to first serve disabled students in the context of a regular education classroom. Other more restrictive environments such as: resource rooms, self-contained categorical classrooms, or settings outside of the Academy will be considered only after consideration has been given by the I.E.P. as to the feasibility of placement in the regular classroom.
The Educational Service Provider shall develop Administrative Procedures for the proper implementation of this policy.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2510 - page 113
ADOPTION OF TEXTBOOKS
The Board shall approve all textbooks used in the educational program of the Academy. Textbook, for purposes of this policy, shall mean the principle source of instructional material for any given course of study (in whatever form the material may be presented) that is available or distributed to every student enrolled in the course.
The ESP shall be responsible for the selection and recommendation for Board consideration of textbooks aligned with the Academy curriculum and Michigan's Curriculum Framework. In considering the approval of any proposed textbook, the Board will weigh its decisions based on recommendations related to the following:
A. suitability for the maturity level and educational accomplishment of the students who will use the material;
B. freedom from bias;
C. relationship to the curriculum adopted by the Board;
D. relationship to a continuous multi-grade program;
E. impact on community standards;
F. manner of selection for recommendation;
G. cost;
H. appearance and durability; and
I. completion of an appropriate piloting process.
The ESP shall develop Administrative Procedures for the selection of textbooks that includes effective consultation with professional staff members at all appropriate levels.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2521 - page 114
SELECTION OF INSTRUCTIONAL MATERIALS AND EQUIPMENT
Reference: MCL 380.1274, 380.1277
The Board shall provide instructional materials and equipment, within budgetary constraints, to implement the Academy's educational goals and objectives and meet students' needs. The primary objective of such instructional materials and equipment shall be to enrich, support, and implement the educational program of the Academy.
The ESP shall develop Administrative Procedures for the selection and maintenance of all educational and instructional materials and equipment. In addition s/he shall periodically conduct a systematic review with the Board regarding the Academy's educational resources to ensure those resources are appropriate for the current educational program. Any revisions that occur should be a result of the school improvement process.
Students shall be held responsible for the cost of replacing any materials or properties which are lost or damaged through their negligence.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2531 - page 115
COPYRIGHTED WORKS
Reference: 17 USC 101 et seq.
The Board directs the use of copyrighted works only to the extent that the law permits. The Board recognizes that Federal law applies to public school academies and the staff must, therefore, avoid acts of copyright infringement under penalty of law.
To help the staff abide by the laws set forth in Title 17 of the United States Code, the Board directs the ESP to provide Administrative Procedures regarding copying and distributing copyrighted materials for instructional (or other) purposes.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2605 - page 116
PROGRAM ACCOUNTABILITY AND EVALUATION
The Board believes that effective education includes proper evaluation of the results produced from the educational resources provided by the community and the government. As the governing body of the Academy, the Board has the responsibility for assessing and evaluating the academic growth of its students. The Board shall fulfill this responsibility by establishing a means for the continued evaluation of results, which shall be systematic and specific.
The following elements shall be included in its accountability program:
A. achievement status to measure how well the Academy is educating all students;
B. achievement changes to measure if student achievement is improving or declining; and
C. achievement growth to measure whether students are receiving at least one year of academic growth for each year of instruction.
The ESP shall maintain a calendar of assessment activities and make periodic evaluation reports to the Board regarding the above categories within all curriculum content areas and grade levels. Findings of the assessment program may be used to evaluate the progress of students.
The ESP shall recommend improvements in the educational program annually, based on the evaluation of the Academy's program. Such improvements shall reflect the plans for improvement of the educational program. The School Improvement Plan shall be based on staff's findings from program evaluations at each level and on the evaluations provided by the School improvement team (see Policy 2120). The Board reserves the right to employ experts from outside the Academy to serve in the evaluation process.
Annually the Board will make available to the public the progress of the student body toward the educational goals of the Academy.
Assessment results obtained under this policy shall not be used for comparison purposes except as required by statute and Michigan Department of Education regulations or for internal evaluation, as authorized by the ESP or Board.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2623 - page 117
STUDENT ASSESSMENT
Reference: MCL 380.1279, 380.1279g, 390.1451 et seq., 380.1280b, 380.1282a A.C. Rule 340.1101 et seq. MEAP Test Administration Manuals
The Board shall, in compliance with law and rules of the State Board of Education, assess student achievement and needs in designated subject areas in order to determine the progress of students and to assist them in attaining Academy goals.
Each student's proficiencies and needs will be assessed by staff members upon his/her entrance into the Academy and annually thereafter. Procedures for such assessments will include, but need not be limited to, teacher observation techniques, cumulative student records, student performance data collected through standard testing programs, student portfolios, and physical examinations.
Additionally, the Academy shall monitor student academic growth in each subject area at least twice during the school year using competency based online assessments. The results of these assessments shall be shared with the student and his/her parent(s) or guardian.
The ESP shall develop and present to the Board annually a program of testing and assessment that includes:
A. the Michigan Education Assessment Program (for grades 3-9) and the Michigan Merit Examination (or other readiness assessment program approved by the State Superintendent) administered each year in accordance with the schedule established by statute and the State Department of Education;
B. criteria-based written and oral examinations which include use of alternative questions, demonstrations, writing exercises, individual and group projects, performances, portfolios, and samples of best work;
C. selection of assessment instrument, data, and other Academy criteria that will be used to assess educational achievement of each student in grades 1-5;
D. assessment tests;
E. achievement tests.
The Board requires that:
A. any assessment tests used shall not be a psychiatric examination, testing, or treatment; or a psychological examination, testing, or treatment in which the primary purpose is to reveal information concerning:
1. political affiliations;
2. mental and psychological problems potentially embarrassing to the student or his/her family;
3. sexual behavior and attitude;
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2623 - page 118
4. illegal, anti-social, self-incriminating, and demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family relationships;
6. legally-recognized, privileged and analogous relationships, such as those of lawyers, physicians, and ministers;
7. income without the prior consent of the adult student or without the prior written consent of the parent;
B. any personality testing complies with Department of Education guidelines.
The Board also requires that:
A. tests be administered by persons who are qualified under State law and regulation;
B. parents be informed of the testing program of the schools and of the special tests that are to be administered to their children;
C. data regarding individual test scores be entered on the student's cumulative record, where it will be subject to the policy of this Board regarding student records; and
D. the results of each school-wide and program-wide test be made part of the public record.
All eleventh grade students shall participate in the Michigan Merit Examination, unless excluded under the guidelines established by the State Department of Education.
A student who wants to repeat a State approved readiness assessment (other than the Michigan Merit Examination and any ACT component) may repeat the assessment in the next school year or after graduation on a date when the Academy is administering the assessment. Only this type of repeat assessment testing will be without charge to the student.
The Academy shall administer the complete Michigan Merit Examination to a student only once and shall not administer the complete Michigan Merit Examination to the same student more than once. If a student does not take the complete Michigan Merit Examination in grade 11, the Academy shall administer the complete Michigan Merit Examination to the student in grade 12. If a student chooses to retake the college entrance examination component of the Michigan Merit Examination, the student may do so through the provider of the college entrance examination component and the cost of the retake is the responsibility of the student unless all of the following are met:
A. the student has taken the complete Michigan Merit Examination;
B. the student did not qualify for a Michigan Promise Grant based on the student's performance on the complete Michigan Merit Examination;
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2623 - page 119
C. the student meets the Federal income eligibility criteria for free breakfast, lunch, or milk;
D. the student has applied to the provider of the college entrance examination component for a scholarship or fee waiver to cover the cost of the retake and that application has been denied; and
E. after taking the complete Michigan Merit Examination, the student has not already received a free retake of the college entrance examination component paid for either by the State of Michigan, or through a scholarship or fee waiver by the provider.
In addition to the testing programs, the ESP shall develop Administrative Procedures whereby a portfolio is developed and maintained for each student.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2700 - page 120
COMBINED P.A. 25 ANNUAL REPORT AND NCLB REPORT CARD
Reference: MCL 380.1204a(1) 20 USC 6311
The Academy must prepare and publicly disseminate the combined P.A. 25 Annual Report and No Child Left Behind Report no later than the beginning of each school year to all parents of all students. If separate reports are published for P.A. 25 and for NCLB, the P.A. 25 report must be published and submitted to the Michigan Department of Education through the Intermediate School District no later than September 1. The report must be made available at a public meeting no later than October 15, 2005. Required information for the Academy and each individual Academy building includes the following:
Assessment Data
A. Aggregate student achievement at each proficiency level on state assessments.
B. Student achievement at each proficiency level disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and economic status. The federal requirement is to report this data only when it is statistically sound. The Michigan Department of Education recommends reporting on subgroups if the size is more than thirty (30) students in the Academy or thirty students across each grade level tested.
C. Percentage of students not tested, disaggregated by each group (if statistically sound).
D. Most recent 2-year trend in achievement for each subject area and grade level.
E. Report of the Academy's results of locally administered student competency tests and/or nationally normed achievement tests. This should include data from the assessments for students in grades 1-5, as required by section 1280b of the School Code (PA 25).
Adequate Yearly Progress (AYP) Data
A. Aggregate information on other indicators (graduation rate and student attendance) used to determine AYP.
B. AYP information, including number, names, and percentage of Title I schools identified for improvement and how long identified.
C. Comparison between actual achievement of each group (excluding gender and migrant) and state's annual measurable objectives.
D. Proficient, meaning students scored in levels 1 or 2 (exceeds Michigan standards or meets Michigan standards) on the MEAP or rated "Surpassed the Performance Standard" or "Attained the Performance Standard" on MI-Access.
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2700 - page 121
E. Comparison of Academy and state achievement data on state assessments and other indicators of AYP. Other indicators are attendance rates at the elementary and middle school level and graduation rates for high school.
Academy Programs
A. Accreditation status. Public Act 25 (PA 25) requires schools to report on state accreditation status, accreditation by the North Central Association Commission on Accreditation and School Improvement, or another specialized accreditation authority approved by the US Department of Education (PA 25).
B. Academy pupil retention data, in addition to the data on graduation rate referenced earlier. (PA 25)
C. Number and percentage of pupils enrolled in post-secondary programs and/or college level equivalent courses, if the Academy has a high school (dual enrollment) (PA 25).
D. The status of the core curriculum and the School Improvement Plan (PA 25).
Staff
A. The professional qualifications of teachers, the percentage of teachers teaching with emergency or provisional credentials, and the percentage of classes not taught by highly qualified teachers (disaggregated by high-poverty compared to low-poverty schools).
B. The annual progress toward meeting state objectives for percentage of highly qualified teachers.
Parents
A. Information on parent-teacher conference attendance rates, a requirement of PA 25.
B. Dissemination of the Academy's parent involvement policy. (While this requirement is not a part of the NCLB report card, the Department recommends that this be done through the combined report.)
C. Means of informing parents of the "right to know" provisions of the No Child Left Behind Act regarding teacher qualifications. (While this requirement is not a part of the NCLB report card, the Department recommends that this be done through the combined report.)
The Academy may include additional data if it chooses.
ADDITIONAL REPORT REQUIREMENTS FOR TITLE I PURPOSES
In any year that the Academy receives Title I funding, its annual report must also include the following information:
BOARD OF DIRECTORS PROGRAM THE NEW STANDARD 2700 - page 122
A. number and percentage of schools identified for school improvement and how long they have been in that category;
B. a comparison of the achievement by the Academy's students on the State-wide academic assessment to the achievement of students in the State as a whole;
C. for each school 1.) whether it has been identified for school improvement, and 2.) comparison of the school's student achievement on the statewide achievement assessments and other adequate yearly progress indicators to those students in the Academy and the State as a whole;
D. aggregated achievement information on State assessments in math and reading/language arts;
E. disaggregated achievement information by subgroups (race/ethnicity, disability, socio-economic level, gender, migrant status, English Language Learners (ELLs), except in cases where numbers are too small to be statistically robust or where individual student results are identifiable);
F. percentage of students not tested, disaggregated with the same conditions as above;
G. information that can be used to compare actual achievement levels with State objectives for each group;
H. most recent two (2) year trend data in achievement by subject area and grade level in areas where assessments are required;
I. aggregate information on State indicators used to determine adequate yearly progress;
J. graduation rates for high school students and an elementary school indicator of the State's choice; and
K. teacher qualifications/credentials, including percentage of teachers with emergency credentials and percentage of classes not taught by "highly qualified" teachers, both in the aggregate and disaggregated by high-poverty compared to low poverty schools.
This information must be disseminated annually, not later than the beginning of the school year, to all buildings and all parents, and must be made widely, publicly available through such means as posting on the Internet and distribution to local media and public agencies. Distribution to parents should be in an understandable format and in a language that parents can understand. This report to parents may be included with the student report cards at the end of the year, if all students receive report cards.
The ESP shall ensure the full implementation of this policy as required by P.A. 25 and NCLB.
BOARD OF DIRECTORS STAFF THE NEW STANDARD 3000 - page 123
3000 STAFF
3000 Staff ........................................................................................................... 124
BOARD OF DIRECTORS STAFF THE NEW STANDARD 3000 - page 124
STAFF
All staff of the The New Standard are employees of The Romine Group, the employer of record, as per the contractual agreement between the The New Standard Board of Directors and The Romine Group. All employees, therefore, are subject to all personnel policies and regulations established by The Romine Group.
It shall be the responsibility of The Romine Group to ensure that all Federal and State employment regulations are in full compliance. Further, The Romine Group shall respond to any inquires or complaints promptly in full accordance with law.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5000 - page 125
5000 STUDENTS
5111 Admission Of Students (L) ...................................................................... 127
5111.01 Homeless Students (L) ............................................................................ 128
5111.02 Educational Opportunity For Military Children (L) ................................. 129
5112 Entrance Age (L) ...................................................................................... 130
5113.02 Academy Choice Options Provided By The No Child Left Behind Act (BP) ........................................................................................ 132
5114 Foreign and Foreign-Exchange Students ............................................... 133
5136 Personal Communication Devices (BP) .................................................. 134
5200 Attendance (BP) ....................................................................................... 136
5215 Missing And Absent Children (BP) ......................................................... 138
5223 Absences For Religious Instruction (BP) ............................................... 139
5230 Late Arrival And Early Dismissal (BP) .................................................... 140
5310 Health Services (BP) ................................................................................ 141
5320 Immunization (BP) .................................................................................... 142
5330 Use Of Medications (L) ............................................................................ 143
5330.01 Epinephrine Auto-Injectors (BP) ............................................................. 145
5331 Students With Special Dietary Needs (BP) ............................................. 147
5340 Student Accidents (BP) ........................................................................... 148
5340.01 Concussions And Athletic Activities (L) ................................................. 149
5341 Emergency Medical Authorization (BP) .................................................. 150
5410 Promotion, Placement, And Retention (BP) ........................................... 151
5420 Reporting Student Progress (BP) ........................................................... 152
5421 Grading (BP) ............................................................................................. 153
5451 Student Recognition (BP) ........................................................................ 154
5500 Student Conduct (BP) .............................................................................. 155
5511 Dress And Grooming (BP) ....................................................................... 156
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5000 - page 126
5512 Use Of Tobacco By Students (BP) .......................................................... 157
5513 Care Of Academy Property (BP) ............................................................. 158
5514 Student Use Of Bicycles (BP) .................................................................. 159
5516 Student Hazing (L) ................................................................................... 160
5517 Anti-Harassment (L) ................................................................................. 161
5517.01 Bullying (L) ............................................................................................... 172
5520 Disorderly Conduct (BP) .......................................................................... 175
5530 Drug Free Environment (L) ...................................................................... 176
5532 Performance-Enhancing Drugs/Compounds (L) .................................... 177
5540 Interrogation Of Students (BP) ................................................................ 178
5600 Student Discipline (BP) ............................................................................ 179
5610 Emergency Removal, Suspension And Expulsion Of Students (L) .............................................................................................. 181
5630.01 Student Seclusion And Restraint (L) ...................................................... 189
5710 Student Grievance (BP) ........................................................................... 190
5730 Equal Access For Non-School-Sponsored Student Clubs And Activities (BP) ................................................................................... 191
5771 Search And Seizure (BP) ......................................................................... 193
5772 Possession Of Weapons (BP) ................................................................. 195
5780 Student/Parent Rights (BP) ..................................................................... 196
5830 Student Fundraising (BP) ........................................................................ 197
5850 Social Events (BP) ................................................................................... 198
5895 Student Employment (BP) ....................................................................... 199
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5111 - page 127
ADMISSION OF STUDENTS
Reference: MCL 380.502(3)(e)(iii); MCL 380.504
The Board will allow students who reside in Michigan to enroll in the Academy in accordance with limits established by the Board. Because space is limited, each student must enroll each year. Preferences will be in writing and given to currently-enrolled students and siblings of enrolled students.
When maximum enrollment for a grade has been reached, applicants shall be placed on a waiting list and admitted on the basis of a lottery system.
The Board authorizes the School Leader to deny admission to any student who has a record of behavior s/he believes would constitute a threat to the safety and well-being of fellow students and staff. Any such denial shall be reported to the Board at its next regular meeting.
Any pupil enrolled in a school identified as a "Persistently Dangerous School" shall be allowed to attend a safe school within the local District in which a public school academy is located. The Board shall offer the pupils attending a school identified as a Persistently Dangerous School the opportunity to transfer to a safe public school within the local District within ten days of receiving the official complaint.
The ESP shall develop Administrative Procedures for the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5111.01 - page 128
HOMELESS STUDENTS
Reference: 42 USC 11431 et. seq.
Children who meet the Federal definition of "homeless" will be provided a free and appropriate public education in the same manner as all other students of the Academy and will not be stigmatized or segregated on the basis of their status as homeless. No homeless student will be denied enrollment based on a lack of proof of residency. No Board policy, Administrative Procedure, or practice will be interpreted or applied in such a way as to inhibit the enrollment, attendance, or school success of homeless children.
Homeless students will be provided services comparable to other students in the Academy, including the following:
A. transportation services;
B. educational services for which the homeless student meets eligibility criteria including services provided under Title I of the Elementary and Secondary Education Act or similar State and local programs, educational programs for children with disabilities, and educational programs for students with limited English proficiency;
C. programs in vocational and technical education;
D. programs for gifted and talented students; and
E. Academy nutrition programs.
The Board, at its annual organization meeting, will appoint a Liaison for Homeless Children to perform the duties as assigned. Additionally, the Liaison will coordinate and collaborate with the State Coordinator for the Education of Homeless Children and Youth and with community and Academy personnel responsible for the provision of education and related services to homeless children and youth.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5111.02 - page 129
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
Reference: Interstate Compact on Educational Opportunity for Military Children MCL 3.1041
Children of an active duty member of the United States armed services shall be entitled to all of the rights and protections afforded under the Interstate Compact on Educational Opportunity for Military Children (Compact).
The intent of this policy is to minimize the potential challenges to educational success for children of military families because of frequent moves and deployment of their parents by:
A. facilitating the timely enrollment and placement of children of military families in educational and other school programs and activities;
B. facilitating the on-time graduation of children of military families; and
C. providing for the uniform collection and sharing of information between and among schools and military families.
The ESP shall develop Administrative Procedures for implementation of this policy which are consistent with the Compact and State law.
These procedures shall apply to children of military families within the state as well as between member states.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5112 - page 130
ENTRANCE AGE
Reference: M.C.L. 380.1147, 380.1561, 388.1606, 388.1705 & 1705c IDEA, Part B; 34 CFR Part 300 Dear Colleague Letter, Feb. 29, 2012, U.S.D.O.E., Office of Special Education and Rehabilitative Services A.C. Rule 340.1754
The Board shall establish student entrance age requirements which are consistent with Michigan Law and sound educational practice and which ensure equitable treatment.
A child who turns six (6) years of age before December 1st must be enrolled on the first school day of the school year in which the child's sixth birthday occurs, and a child who turns six (6) years of age on or after December 1st must be enrolled on the first school day of the school year following the school year in which the child's sixth birthday occurs.
A. Prekindergarten
A child is eligible for entrance into the Academy's prekindergarten program if s/he attains the age of four (4) on or before December 1st of the year in which s/he applies for entrance and has not yet attained the age at which s/he will be admitted to kindergarten. Children attending prekindergarten shall be charged tuition in accordance with Board policy.
B. Kindergarten
A child who is at least five (5) years of age on or before September 1 of the school year of enrollment thereafter is eligible for entrance to the kindergarten program for that school year. The child may not be placed in an alternative program without permission of the parent.
C. Early Entrance
A child who not yet five (5) years of age on or before September 1st for the applicable school year will be admitted to kindergarten under the following circumstances:
1. the child will have attained the age of five (5) by December 1st of the school year of enrollment;
2. the parent or guardian provides written notice to the Academy of intent to enroll the child for that school year.
The Academy may make a recommendation to the parent or guardian that the child is not ready to start kindergarten due to age or other factors, but the decision whether to enroll the child will remain with the parent or guardian.
The Academy must allow early entry by nonresident Schools of Choice students, provided the parent/guardian notifies the Academy by the applicable notification date above (C. 2. or 3.) of the intent to participate in the early enrollment option
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5112 - page 131
and timely applies for and is selected under the Academy’s Schools of Choice program.
The Academy shall notify the Department of Education by December 31st of each school year of the number of students enrolled under the Early Entrance exception for that school year.
D. Preschool – Disadvantaged Children
Readiness and compensatory education programs may be provided for disadvantaged children of preschool age, if they have been certified in accordance with the rules and requirements of the State, such as the Great Start Readiness Program.
All such programs must comply with any applicable State and Federal requirements.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5113.02 - page 132
ACADEMY CHOICE OPTIONS PROVIDED BY THE NO CHILD LEFT BEHIND ACT
Reference: Title I, Section 1116(b)(1)(E) of the No Child Left Behind Act of 2001 Title I, Section 1116(e) of the No Child Left Behind Act of 2001 Title IX, Section 9532 of the No Child Left Behind Act of 2001
The Board acknowledges that the Federal No Child Left Behind Act of 2001 (NCLBA) provides that the parents/guardians of students enrolled in a Title I school that has been listed for "School Improvement" for two (2) or more years, have the right to transfer their children to another school in the Local Educational Agency, if there is a school that provides instruction at the students' grade level(s) and such school has not been identified as being in the process of school improvement, corrective action, or restructuring. If the parent/guardian requests a transfer, but there is not a qualifying school in the Local Educational Agency, the School Leader shall contact neighboring Local Educational Agencies and request that they permit students to transfer to a school in one of those Local Educational Agencies. The School Leader shall also offer Supplemental Educational Services if a transfer within the Local Educational Agency is not possible.
Students attending a "persistently dangerous" school, as defined by State law have the right to transfer to another "safe" school in the Local Educational Agency. If the parent/guardian requests a transfer, but there is not another "safe" school in the Local Educational Agency that provides instruction at the students' grade level(s), the School Leader shall contact neighboring Local Educational Agencies and request permission for students to transfer to a school in one of those Local Educational Agencies.
Furthermore, a student who is a victim of a "violent crime" on school property also has the right to transfer to another school. If the parent/guardian requests a transfer, but there is not another school in the attendance area providing instruction at the student's grade level, the School Leader shall contact neighboring Local Educational Agencies and request that they request permission for that student to transfer to a school in one of those Local Educational Agencies providing instruction at the student's grade level. The Board authorizes such transfers in accordance with procedures.
Children who transfer in accordance with this policy will be permitted to remain at the school of transfer until completing the highest grade at the school.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5114 - page 133
FOREIGN AND FOREIGN-EXCHANGE STUDENTS
Reference: M.C.L 380.504(3) 8 C.F.R. 214 et seq. 8 U.S.C. 1101 (Immigration Reform and Control Act) M.C.L. 380.1147 1985 O.A.G. 6316 Plyler v Doe, 457 U.S. 202 (1982)
The Board recognizes the positive cultural benefits to the students, staff, and the community in meeting students from other countries and in having foreign students as members of the student body of this Academy.
In accordance with other admissions policies, the Board will permit the admission of foreign students and foreign-exchange students (from recognized and approved student exchange programs) who are either deemed legal residents of the State of Michigan under applicable law or are permitted under MCL 380.504(3).
Student and Exchange Visitor Program for Nonimmigrant Students with F-1 Visas
Provided such petition is not prohibited by the Academy’s authorizer, the Board authorizes the Academy to petition for approval to provide a Student and Exchange Visitor Program (SEVP). As an authorized SEVP provider, the Academy will issue the certificate of eligibility to nonimmigrant students who complete the application process successfully, which will enable them to apply for an F-1 Visa. All students entering under this section must be deemed residents of the State of Michigan or be permitted under MCL 380.504(3).
Participation by nonimmigrant students in this program will be consistent with Federal law that requires the following:
A. the student possess sufficient English language proficiency to participate in the high school curriculum;
B. the student's participation does not exceed an academic year;
C. the student pays to the Board the full amount of tuition prior to the commencement of the academic term of attendance; and
D. the student otherwise maintains his/her lawful temporary immigration status.
Other Nonimmigrant Students
This policy does not apply to nonimmigrant students with citizenship in countries other than the United States who are not participating in an approved exchange visitor program.
All other nonimmigrant students with citizenship in countries other than the United States who seek to enroll in the Academy are subject to State law and the Academy’s policies regarding enrollment and, if applicable, tuition. All such students must be deemed to be residents of the State of Michigan under applicable law or be permitted under MCL 380.504(3).
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5136 - page 134
PERSONAL COMMUNICATION DEVICES
Students may use personal communication devices (PCDs) before and after school and during after school activities (e.g., extra curricular activities) Use of PCDs, except those approved by a teacher or administrator, at any other time is prohibited and they must be powered completely off (i.e., not just placed into vibrate or silent mode) and stored out of sight.
For purposes of this policy, "personal communication device" includes computers, tablets (e.g., iPads and similar devices), electronic readers ("e-readers"; e.g., Kindles and similar devices), cell phones (e.g., mobile/cellular telephones, smartphones (e.g., BlackBerry, iPhone, Android devices, Windows Mobile devices, etc.)), telephone paging devices (e.g., beepers or pagers), and/or other web-enabled devices of any type. Students may not use PCDs on school property or at a school-sponsored activity to access and/or view Internet web sites that are otherwise blocked to students at school.
Also, during after school activities, PCDs shall be powered completely off (not just placed into vibrate or silent mode) and stored out of sight when directed by the administrator or sponsor. Under certain circumstances, a student may keep his/her PCD "On" with prior approval from the building principal.
Except as authorized by a teacher, administrator or IEP team, students are prohibited from using PCDs during the school day, including while off-campus on a field trip, to capture, record and/or transmit the words or sounds (i.e., audio) and/or images (i.e., pictures/video) of any student, staff member or other person. Using a PCD to capture, record and/or transmit audio and/or pictures/video of an individual without proper consent is considered an invasion of privacy and is not permitted. Students who violate this provision and/or use a PCD to violate the privacy rights of another person may have their PCD confiscated and held until the end of the school year or a parent/guardian picks it up, and may be directed to delete the audio and/or picture/video file while the parent/guardian is present. If the violation involves potentially illegal activity the confiscatedPCD may be turned-over to law enforcement.
PCDs, including but not limited to those with cameras, may not be activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include, but are not limited to, classrooms, gymnasiums, locker rooms, shower facilities, rest/bathrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The Superintendent and building principals are authorized to determine other specific locations and situations where use of a PCD is absolutely prohibited.
Students shall have no expectation of confidentiality with respect to their use of PCDs on school premises/property.
Students may not use a PCD in any way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated. See Policy 5517.01 – Bullying and Other Forms of Aggressive Behavior. In particular, students are prohibited from using PCDs to: (1) transmit material that is threatening, obscene, disruptive, or sexually explicit or that can be construed as harassment or disparagement of others based upon their race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, or political beliefs; and (2) engage in "sexting" - i.e., sending, receiving, sharing, viewing, or possessing pictures, text messages, e-mails or other materials of a sexual nature in electronic or
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5136 - page 135
any other form. Violation of these prohibitions shall result in disciplinary action. Furthermore, such actions will be reported to local law enforcement and child services as required by law. Students are also prohibited from using a PCD to capture, record, and/or transmit test information or any other information in a manner constituting fraud, theft, cheating, or academic dishonesty. Likewise, students are prohibited from using PCDs to receive such information. Possession of a PCD by a student at school during school hours and/or during extra-curricular activities is a privilege that may be forfeited by any student who fails to abide by the terms of this policy, or otherwise abuses this privilege.
Violations of this policy may result in disciplinary action and/or confiscation of the PCD. The building principal will also refer the matter to law enforcement or child services if the violation involves an illegal activity (e.g., child pornography, sexting). Discipline will be imposed on an escalating scale ranging from a warning to an expulsion based on the number of previous violations and/or the nature of or circumstances surrounding a particular violation. If the PCD is confiscated, it will be released/returned to the student's parent/guardian after the student complies with any other disciplinary consequences that are imposed, unless the violation involves potentially illegal activity in which case the PCD may be turned-over to law enforcement. A confiscated device will be marked in a removable manner with the student's name and held in a secure location in the building's central office until it is retrieved by the parent/guardian or turnedover to law enforcement. School officials will not search or otherwise tamper with PCDs in Academy custody unless they reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules. Any search will be conducted in accordance with Policy 5771 – Search and Seizure. If multiple offenses occur, a student may lose his/her privilege to bring a PCD to school for a designated length of time or on a permanent basis.
A person who discovers a student using a PCD in violation of this policy is required to report the violation to the building principal.
Students are personally and solely responsible for the care and security of their PCDs. The Board assumes no responsibility for theft, loss, or damage to, or misuse or unauthorized use of, PCDs brought onto its property.
Parents/Guardians are advised that the best way to get in touch with their child during the school day is by calling the school office.
Students may use school phones to contact parents/guardians during the school day.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5200 - page 136
ATTENDANCE
Reference: MCL 380.1561, 380.1561(3a-3c), 380.1586(3)
The Board shall enforce the regular attendance of students. The Board recognizes that the students' presence in the classroom enables them to participate in instruction, class discussions, and related learning activities. As such, regular attendance and classroom participation are integral to instilling incentives for students to excel.
Attendance shall be required of all students during the days and hours the Academy is in session.
The Academy shall require a written statement, explaining the cause for any absence, from the parent/guardian of each student or from an adult student who has been absent. The School Leader is authorized to verify such statements and to investigate the cause of each absence.
The Board considers the following factors to be reasonable excuses for time missed:
A. illness;
B. recovery from accident;
C. required court attendance;
D. professional appointments;
E. death in the immediate family;
F. observation or celebration of a bona fide religious holiday; or
G. such other good cause acceptable to the School Leader.
Attendance need not always be within the Academy facilities, but a student will be considered in attendance if present at any place where school is in session, by authority of the Board.
The ESP shall develop Administrative Procedures for the attendance of students to which:
A. ensure a school session in conformity with the requirements of the law;
B. ensure the student absent for any excusable reason has an opportunity to make up the work missed;
C. ensure the student is not given a failing grade or his/her credit unconditionally revoked where lack of attendance is the sole or primary determining factor, but allow reduction in grade or denial of credit, if the student does not make appropriate use of make-up sessions provided by the instructor or administrator;
D. govern the keeping of attendance records in accordance with the rules of the State Board of Education and the Michigan Department of Education Pupil Accounting Manual, including a written electronic attendance procedure, if applicable;
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5200 - page 137
E. identify the habitual truant, investigate the cause(s) of his/her behavior, and consider modification of his/her educational program to meet particular needs and interests;; and
F. ensure any student with a specifically identifiable physical or mental impairment, who exceeds (or may exceed) the Academy's limit on excused absence, is referred for evaluation for eligibility either under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.
Such procedures should provide that a student's grade in any course is based on his/her performance in the instructional setting and is not reduced for reasons of conduct. If a student violates the attendance or other rules of the Academy, s/he should be disciplined appropriately for the misconduct, but his/her grades should be based upon what the student can demonstrate s/he has learned.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5215 - page 138
MISSING AND ABSENT CHILDREN
Reference: MCL 380.1134, 1135
It is the intent of this Board to cooperate with local, state, and national efforts to decrease the number of missing children.
The ESP is instructed to promulgate Administrative Procedures regarding admittance to the Academy of a student(s) who lacks records. This procedure should provide for notification of the police upon application of the student to the Academy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5223 - page 139
ABSENCES FOR RELIGIOUS INSTRUCTION
Reference: MCL 380.1561(3c) AC Rule R340.71, R340.74
The Board desires to cooperate with those parents who wish to provide for religious instruction for their children. However, the Board recognizes its responsibility to enforce the attendance requirements of the State.
Given a signed request from a student's parent, the Board will allow exceptions to the student's continuous attendance for religious instruction outside the Academy building for no more than two (2) class hours per week and for attendance at confirmation classes, provided the child is twelve (12) or thirteen (13) years of age and the instructional period is no longer than five (5) months in either of those years.
A student must be properly registered for religious instruction, and a copy of such registration must be filed with the School Leader.
The time of release for religious instruction shall be arranged by the School Leader, in keeping with the regulations of the State Board of Education. The School Leader will also assure the appropriate continuance of the instructional program in the Academy during such release times. No solicitation for attendance at religious instruction shall be permitted on Academy premises. Members of the staff shall neither encourage nor discourage participation in any program of religious instruction.
The ESP shall develop Administrative Procedures regarding absences for Religious Instruction.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5230 - page 140
LATE ARRIVAL AND EARLY DISMISSAL
It is necessary that a student be in attendance throughout the school day to benefit fully from the educational program of the Academy.
However, the Board recognizes that compelling circumstances occasionally require that a student be late to school or dismissed before the end of the school day.
As agent responsible for the education of the children of the Academy, the School Leader shall require that the Academy be notified in advance of such absences by written or personal request of the student's parent stating the reason for the tardiness or early dismissal. Justifiable reasons shall be determined by the School Leader.
If one parent has been awarded custody of the student by the courts, the custodial parent shall provide the Academy with a copy of the custody order and inform the Academy in writing of any limitations in the rights of the non-custodial parent. Absent such notice, the Academy will presume that the student may be released into the care of either parent.
No student who has a medical disability that may be incapacitating will be released without a person to accompany him/her. No student shall be released to anyone who has not been authorized such custody in writing by the parents.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5310 - page 141
HEALTH SERVICES
Reference: 20 USC 1232(h)
In compliance with law, the Board may require students to submit to periodic health examinations for the following purposes:
A. to protect the Academy community from the spread of communicable disease.
The Academy shall specify the need for services which may include, but not be limited to the following:
A. athlete physical examinations;
B. tests for communicable disease;
C. vision screenings;
D. audiometric screenings.
Any health services program shall also include instruction to staff members on the observance of students for conditions that indicate physical defect or disability.
The ESP shall directly notify the parents of students, at least annually, at the beginning of the school year, of the specific or approximate dates during the school year when any nonemergency, invasive physical examination or screening is scheduled or expected to be scheduled for students - if the examination or screening is required as a condition of attendance, administered by the Academy and scheduled by the Academy in advance, and not necessary to protect the immediate health and safety of a specific student or other students.
The term "invasive physical examination" means any medical examination that involves the exposure of private body parts or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision or scoliosis screening.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5320 - page 142
IMMUNIZATION
Reference: MCL 333.9201 et seq., 380.1177, 380.1177a AC 325.176
The Board of believes immunization is one of the most cost effective measures to protect children from vaccine-preventable diseases. Accordingly, the Board requires that all students be properly immunized at the time of registration or not later than the first day of school pursuant to the provisions of the Department of Health and Human Services (DHHS) regulations.
However, students who do not meet the immunization requirements shall be admitted in accordance with Administrative Procedures. Transfer students shall not be admitted without proof of immunization as required by the State.
There are three (3) circumstances in which a required vaccine may be waived or delayed:
A. A valid medical contraindication exists to receiving the vaccine. The child's physician must certify the contraindication.
B. The parent(s)/guardian(s) hold religious or philosophical beliefs against receiving a vaccination. Any parent or guardian who wants to claim a nonmedical waiver must receive education regarding the benefits of vaccination and the risks of disease from a county health department before obtaining the certified nonmedical waiver form through the Local Health Department, and present same to the appropriate Academy personnel.
C. The child has received at least one (1) dose of each immunizing agent and the next dose(s) are not due yet.
When the Academy provides information on immunizations, infectious disease, medications, or other school health issues to parents and guardians of pupils in at least grades 6, 9, and 12, then with that information the Board is required to include information about meningococcal meningitis and the vaccine for meningococcal meningitis as well as about the human papillomavirus and the vaccine for human papillomavirus. The information shall include at least the causes and symptoms of meningococcal meningitis, how it is spread, and the risks associated with human papillomavirus. In addition, the information shall include sources where parents and guardians may obtain additional information about both diseases and where they may obtain the associated vaccinations.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5330 - page 143
USE OF MEDICATIONS
Reference: MCL 37.1211(a); 20 USC §§ 5812, 7114; 41 USC § 702; 42 USC §§ 12114, 12210; 28 CFR § 35.131; 29 CFR §§ 825.112, 1630.3; 49 CFR §§ 382.121, 382.401, 382.601
Neither the Board nor the School Leader shall be responsible for the diagnosis and treatment of student illness. The administration of prescribed medication and/or medically prescribed treatments to a student during school hours will be permitted only when failure to do so would jeopardize the health of the student, the student would not be able to attend school if the medication or treatment were not made available during school hours, or the child is disabled and requires medication to benefit from his/her educational program.
For purposes of this policy, medication shall include all medicines including those prescribed by a physician and any non-prescribed (over the counter) drugs, preparations, and/or remedies and performance-enhancing drugs as defined in AG 2431C. Treatment refers both to the manner in which a medication is administered and to health care procedures that require special training, such as catheterization.
Before any medication or treatment may be administered to any student during school hours, the Board shall require the written prescription from the child's physician, accompanied by the written authorization of the parent. These documents shall be kept on file in the administrative offices. No student is allowed to provide or sell any type of over-the-counter medication to another student. Violations of this rule will be considered violations of Policy 5530 - Drug Free Environment and of the Student Discipline Code/Code of Conduct.
Only medication in its original container that is labeled with the date (if a prescription), the student's name, and exact dosage may be administered. Parents, or students authorized in writing by their physician and parents, may administer medication or treatment.
Staff members are to administer medication or treatment only in the presence of another adult, except in the case of an emergency that threatens the life or health of the student. Staff licensed as professional registered nurses are exempt from this requirement.
All staff authorized to administer medication or treatment will receive training on appropriate procedures for administering the medication or treatment. This training shall be provided by qualified individuals with knowledge of the Academy's policy and procedures and knowledge of the administration of medications or treatment.
All medication shall be kept in a locked storage case in the Academy's office.
The Board shall permit only trained staff to administer any medication requiring intravenous or intramuscular injection or the insertion of a device into the body when both the medication and the procedure are prescribed by a physician.
Students who may require the administration of an emergency medication may have such medication in accord with the School Leader's Procedures.
Students may possess and self-administer a metered dose or dry powder inhaler for relief of asthma (or before exercise to prevent onset of asthma symptoms), while at the school, on schoolsponsored transportation, or at any school-sponsored activity in accordance with the Administrative Procedures, if all of the following conditions are met:
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5330 - page 144
A. There is written approval from the student's physician or other health care provider and the student's parent/guardian (if student is under eighteen (18) to possess and use the inhaler (Form 5330 F1c);
and
B. The School Leader has received a copy of the written approvals from the physician and the parent/guardian;
and
C. There is on file at the student's Academy a written emergency care plan prepared by a licensed physician in collaboration with the student and his/her parent/legal guardian. The plan shall contain specific instructions on the student's needs including what to do in the event of an emergency.
Students with a need for emergency medication may also be allowed to self-possess and selfadminister such medication, provided that they meet the same conditions established above. Students who are prescribed epinephrine to treat anaphylaxis shall be allowed to self-possess and administer the medication if they meet the conditions stated above.
This policy and the Administrative Procedures developed to establish appropriate procedures shall be implemented in such a manner to comply with Academy's obligations and the student's needs under any Individualized Education Plan, Section 504 Plan, or other legally required accommodation for individuals with disabilities.
The School Leader shall prepare Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5330.01 - page 145
EPINEPHRINE AUTO-INJECTORS
Reference: M.C.L. 380.1178, 380.1179, 380.1179A Michigan Department of Education, Model Policy and Guidelines for Administering Medications to Pupils at School
Students who are prescribed epinephrine to treat anaphylaxis shall be allowed to self-possess and self-administer the medication if they meet the conditions as stated in Policy 5330.
Commencing with the 2014-15 school year, the Academy shall have at least two (2) epinephrine auto-injectors (Epi-Pens) available at the school site. It shall be the responsibility of School Leader, or designee to be sure that the supply of Epi-Pens is maintained at the appropriate level and they have not expired. School Leader, or designee shall also be responsible for coordinating the training of employees to administer Epi-Pen injections and to maintain the list of employees authorized to administer such injections.
Individuals Qualified to Administer
Only a licensed, registered professional nurse employed or contracted by the Academy or a school employee who has successfully passed the required training shall be allowed to possess and administer Epi-Pen injections to students. The persons authorized to use the Academy maintained Epi-Pens will be maintained in each school by the Principal, and shall be available on an electronically accessible site for employees' reference.
Each school shall have at least one person trained in the appropriate use and administration of an Epi-Pen injection. In each school with ten (10) or more combined instructional and administrative staff, at least two (2) employees at that site shall be appropriately trained in the use of an Epi-Pen.
Training of employees on the appropriate use and administration of an Epi-Pen injection shall be done in accordance with any guidelines provided by the Michigan Department of Education, and shall be conducted under the supervision of a licensed registered professional nurse. The training shall include an evaluation by the nurse of the employees' understanding of the protocols for administering an Epi Pen injection.
Students to Whom Injections May Be Administered
A licensed, registered, professional nurse or trained and authorized employees under this policy may administer Epi-Pen injections to 1) any student who has a prescription on file with the Academy, in accordance with the directives in such prescription, and 2) any individual on school grounds who is believed to be having an anaphylactic reaction.
Reporting of Injections
Any person who administers an Epi-Pen injection to a student shall promptly notify the student's parent/guardian, call 911, and notify School Leader, or designee, who shall be responsible for promptly notifying the student's parent/guardian that an injection has been administered.
All Epi-Pen injections by employees to students shall be reported in writing to School Leader. The report shall include whether the school's or student's Epi-Pen was used, and whether the student was previously known to be subject to severe allergic reaction (anaphylaxis).
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5330.01 - page 146
School Leader shall at least annually report to the Department of Education, in the form and manner determined by the Department, information on the number of injections provided to students, the number of injections with Academy Epi-Pens and the number of incidents where students were not know to be subject to severe allergic reactions.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5331 - page 147
STUDENTS WITH SPECIAL DIETARY NEEDS
The Board believes all students shall have the opportunity to participate fully in all Academy programs and activities, although necessary accommodations may be required.
In some cases, a student's disability may prevent him/her from eating meals prepared for the general school population.
Substitutions to the regular meal will be made for students unable to eat meals at school because of their disabilities, when that need is certified in writing by a physician. Meal service shall be provided in the most integrated setting appropriate to the needs of the student with this disability.
The licensed physician's statement shall specifically describe the following:
A. the nature of the student's disability;
B. the reason the disability prevents the student from eating the regular school meals;
C. foods to be omitted from the student's diet; and
D. the specific diet prescription along with the substitution(s) needed.
In compliance with USDA Child Nutrition Division guidelines, the Academy will provide substitute meals to food allergic students based upon the physician's signed statement.
The Board recognizes students with documented life-threatening food allergies are considered disabled and are covered by The Disabilities Act and Public Law 93 112 and Section 504 of The Rehabilitation Act of 1973. A clearly-defined "504 Accommodation Plan" shall be developed and implemented for all such identified students making necessary accommodations are made to ensure full participation of the identified student in student activities. This plan shall be signed by the appropriate staff, the parent/guardian of the student, and the student's physician.
The ESP shall prepare Administrative Procedures for the care of food allergic students. Such procedures shall include, but not be limited to, strategies for identifying students at risk for lifethreatening allergic reactions; means to manage the student's allergy including avoidance measures; designation of typical symptoms; and dosing instructions for medications.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5340 - page 148
STUDENT ACCIDENTS
The Board believes that Academy personnel have certain responsibilities in case of accidents that occur in school. Such responsibilities include administering first aid by persons trained to do so, summoning medical assistance, notifying administrative personnel, notifying parents, and filing accident reports.
Staff members should administer first aid within the limits of their knowledge of recommended practices. All staff should make an effort to increase their understanding of the proper steps to be taken in the event of an accident. The staff member in charge must submit an accident report on any student accident.
The ESP shall prepare Administrative Procedures to assure the prompt reporting of all student accidents.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5340.01 - page 149
CONCUSSIONS AND ATHLETIC ACTIVITIES
Reference: M.C.L. 333.9155 – 333.9156
To provide for the safety of student athletes, all athletic programs of the Academy shall comply either with the concussion protocols of the Michigan High School Athletic Association, or the protocols set forth in AG 5340.01, which shall meet all the requirements of state law and Department of Community Health guidelines regarding concussion awareness training and protection for youth athletes. The Academy shall comply with whichever standards are more protective.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5341 - page 150
EMERGENCY MEDICAL AUTHORIZATION
The School Leader will distribute the Emergency Medical Authorization Form annually to parents or guardians of all students. If an emergency medical treatment for a student is necessary, the Academy will adhere to the instructions on the authorization form.
The Emergency Medical Authorization Form will be kept in a separate, easily accessible file in the Academy office during the year.
Any time a student or a group of students is taken out of the school to participate in a school event, the staff in charge of the event must take the Emergency Medical Forms for those students and must return the forms to the office file immediately after the event.
The ESP shall develop Administrative Procedures to ensure the prompt return of said form by parents or guardians and the implementation of other provisions of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5410 - page 151
PROMOTION, PLACEMENT, AND RETENTION
The Board recognizes the personal, social, physical, and educational growth of children vary, so they should be placed in the educational setting most appropriate to their needs at the various stages of their growth.
It shall be the policy of the Board for each student to be moved forward through the grades in a continuous pattern of achievement and growth in harmony with his/her own development. A student will be promoted to the next grade level when s/he has:
A. achieved the instructional objectives set for the present grade, in the opinion of the professional staff; and
B. demonstrated the degree of social, emotional, and physical maturation necessary for successful learning in the next grade.
The ESP shall develop Administrative Procedures for promotion, placement, and retention of students that accomplish the following:
A. ensure students who are falling seriously behind their peers, or who may not be promoted, receive the special assistance needed to achieve the academic outcomes of the Academy's core curriculum;
B. require the recommendation of the relevant staff members for promotion, placement, or retention;
C. require Academy staff to inform parents, well in advance, regarding the possibility of retention of a student at the present grade level;
D. ensure efforts are made to remediate the student's difficulties before s/he is retained;
E. assign to the School Leader the final responsibility for determining the promotion, placement, or retention of each student.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5420 - page 152
REPORTING STUDENT PROGRESS
The Board believes that the cooperation of the Academy and home is a vital ingredient to the growth and education of the whole child. The Board recognizes its responsibility to keep parents informed of student welfare and progress in school.
The Board directs the establishment of a system of reporting student progress that includes written reports and parent conferences with teachers and requires all appropriate staff members to comply with such a system as part of their professional responsibility.
The ESP shall develop Administrative Procedures for reporting student progress to parents to achieve the following:
A. ensure both student and parent receive ample warning of a pending grade of "failure" (F) or a grade that would adversely affect the student's status;
B. require parent-teacher conferences to be scheduled at times and in places that ensure the greatest degree of convenience to and participation by parents;
C. specify the time period for report cards to be issued (e.g., every six (6) weeks).
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5421 - page 153
GRADING
The Board recognizes its responsibility for providing a system of grading student achievement to help the student, teachers, and parents judge properly how well the student is achieving the expected learning outcomes for his/her grade and the goals of the Academy's program.
The Board believes the Academy's grading system should be a reliable system that ensures each student's grades signify accurately his/her degree of accomplishment of those expected learning outcomes stated for each program at every grade level, kindergarten through twelfth. The Board directs the ESP to develop Administrative Procedures for grading that includes the following:
A. develop clear, consistent criteria and standards;
B. in each course of program, help each student understand what behavior and/or achievement is needed to earn each grade and what will result in a failing grade;
C. provide frequent opportunities for each student to obtain information regarding his/her progress toward the expected learning outcomes of his/her courses or programs;
D. provide for a pass/fail grade in appropriate programs;
E. allow and encourage students to assess both their own achievements and their areas of difficulty.
The grading system should not inhibit the professional staff member from learning the strengths and weaknesses of each student on an individual basis.
The grading system should be subject to continual review by staff, students, and parents. Revisions should be made only when such changes will assure a clearer, more valid, and/or more reliable system of grading.
The teacher responsible for a student's instruction in a particular course or program shall determine the student's grade. That grade may not be changed without the permission of the School Leader.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5451 - page 154
STUDENT RECOGNITION
The Board values excellence and wishes to instill in students the desire to do their best in all things. It is the policy of this Board, therefore, to recognize outstanding accomplishment in the curricular, co-curricular, and extra-curricular areas.
The Board authorizes the School Leader to develop a plan for recognizing outstanding student achievement based on well defined, consistent criteria and standards.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5500 - page 155
STUDENT CONDUCT
Reference: MCL 380.1311, 380.1312
Respect for the law and for those persons in authority shall be expected of all students. Respect includes conformity to Academy rules and general provisions of law regarding minors. Respect for the rights of others, consideration of their privileges, and cooperative citizenship are also expected of all members of the Academy community.
Respect for real and personal property; pride in one's work; achievement within the range of one's ability; and exemplary personal standards of courtesy, decency, and honesty shall be maintained in the Academy.
The ESP shall establish Administrative Procedures to carry out Board policy and philosophy and shall hold all school personnel, students, and parents responsible for the conduct of students in the Academy, on school vehicles, and at school-related events.
Student conduct shall be governed by the rules and provisions of the Student Code of Conduct. This Code of Conduct shall be reviewed annually.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5511 - page 156
DRESS AND GROOMING
The Board recognizes each student's mode of dress and grooming is a manifestation of personal style and individual preference. The Board will not interfere with the right of students and their parents to make decisions regarding their appearance, except when their choices interfere with the educational program of the Academy.
Accordingly, the ESP shall establish such grooming procedures as are necessary to promote discipline, maintain order, secure the safety of students, and provide a healthy environment conducive to academic purposes. Such procedures shall prohibit student dress or grooming practices that have the following characteristics:
A. are contrary to the required Academy uniform ;
B. present a hazard to the health or safety of the student himself/herself or to others in the Academy;
C. interfere with school work, create disorder, or disrupt the educational program;
D. cause excessive wear or damage to school property;
E. prevent the student from achieving his/her own educational objectives because of blocked vision or restricted movement.
Such procedures shall establish the dress requirements for members of the athletic teams, bands, and other school groups when representing the Academy at a public event.
The ESP shall develop Administrative Procedures to implement this policy to:
A. designate the School Leader as the arbitrator of student dress and grooming in his/her building; and
B. instruct staff members to demonstrate, by example and precept, desirable values such as personal neatness, cleanliness, propriety, modesty, and good sense in attire and appearance.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5512 - page 157
USE OF TOBACCO BY STUDENTS
Reference: MCL 333.12601 et seq. MCL 750.473
The Board recognizes that the use of tobacco presents a health hazard which can have serious consequences both for the user and the nonuser and is, therefore, of concern to the Board.
In order to protect students and employees who choose not to use tobacco from an environment noxious to them and potentially damaging to their health, the Board prohibits the use of tobacco on school premises, in school provided transportation, and in all school buildings owned and/or operated by the Academy.
The Board prohibits the use or possession of tobacco product by students in school buildings, on school property (owned or leased), on school provided transportation, and at any school-related event.
For purposes of this policy,
A. "tobacco product" means a preparation of tobacco to be inhaled, chewed, or placed in a person's mouth.
B. "use of a tobacco product" means any of the following:
1. the carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device
2. the inhaling or chewing of a tobacco product
3. the placing of a tobacco product within a person's mouth
4. and/or the smoking of electronic, "vapor," or other substitute forms of cigarettes, clove cigarettes or other lighted smoking devices for burning tobacco or any other substance.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5513 - page 158
CARE OF ACADEMY PROPERTY
Reference: MCL 600.2913
Basic to the philosophy of the Board is a respect for the rights of others. Students are urged to respect the belongings of others, including school property. Each student should realize that vandalism to school property is costly to repair and is directly related to increased costs at the Academy.
Attempts should be made to teach students respect for property through the care of textbooks and the use of Academy materials and equipment.
In accordance with law, students who cause damage to school property shall be subject to disciplinary measures, and their parents shall be financially liable for such damage to the extent of the law.
The Board authorizes the imposition of fines for the loss, damage, or destruction of Academy equipment, apparatus, musical instruments, library materials, or textbooks and for damage to the building.
The School Leader may report to the appropriate authorities any student whose damage of school property has been serious or chronic in nature.
In no case shall such referral to juvenile authorities be made without prior notification to the student's parent.
The ESP shall develop Administrative Procedures to implement this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5514 - page 159
STUDENT USE OF BICYCLES
The Board of Directors regards the use of bicycles for travel to and from school by students as an assumption of responsibility on the part of those students - a responsibility in the care of property, in the observation of safety rules, and in the display of courtesy and consideration toward others.
The Board will permit the use of bicycles by students in grade 1 and above in accordance with the rules of the Academy.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5516 - page 160
STUDENT HAZING
The Board believes hazing activities of any type are inconsistent with the educational process and prohibits all such activities at any time in school facilities, on school property, and at any Academy sponsored event.
For purposes of this policy, hazing shall be defined as performing any act or coercing another, including the victim, to perform any act of initiation into any class, group, or organization that causes, or creates a risk of causing, mental, emotional, or physical harm. Permission, consent, or assumption of risk by an individual subjected to hazing does not lessen the prohibitions contained in this policy.
Hazing involves conduct such as, but not limited to the following:
A. illegal activity, such as drinking or drugs;
B. physical punishment or infliction of pain;
C. intentional humiliation or embarrassment;
D. dangerous activity;
E. activity likely to cause mental or psychological stress;
F. forced detention or kidnapping; and/or
G. undressing or otherwise exposing the person being hazed.
NOTE: If the school club or organization does not have an official and approved initiation procedure, and if no school staff is involved in the activity, there is a significant likelihood that the activity may result in violation of this policy. Michigan law also makes hazing a crime, punishable by fine and/or imprisonment.
Administrators, faculty members, and other personnel of the Academy shall be alert particularly to possible situations, circumstances, or events that might include hazing. If hazing or planned hazing is discovered, the students involved shall be informed by the discoverer regarding the prohibitions contained in this policy and shall be ordered to end all hazing activities immediately. All hazing incidents shall be reported immediately to the School Leader. Students, administrators, faculty members, and other employees who fail to abide by this policy may be subject to disciplinary action and may be held personally liable for civil or criminal penalties. The School Leader shall distribute this policy to all students and school employees, and shall incorporate it into building, staff, and student handbooks. It shall also be the subject of discussion at employee staff meetings or in-service programs developed by the ESP.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 161
ANTI-HARASSMENT
Reference: Titles VI and VII of the Civil Rights Act of 1964, 42 USC 2000d et seq. 20 USC 1400 ET SEQ., The Individuals with Disabilities Education improvement Act of 2004 (IDEIA) 20 USC 1681 et seq. 29 USC 794, Rehabilitation Act of 1973, as amended 29 USC 6101, the Age Discrimination Act of 1975 42 USC 2000d et seq. 42 USC 2000e et seq. 42 USC 12101 et seq., Americans with Disabilities Act of 1990, as amended 42 USC 1983 42 USC 2000ff et seq., The Genetic Information Nondiscrimination Act 29 C.F.R. Part 1635 Title IX of the Educational Amendments of 1972, 20 USC 1681 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC 794 The Americans with Disabilities Act of 1990, 42 USC 12101 et seq. The Handicappers' Civil Rights Act, MCL 37.1101 et seq. The Elliott-Larsen Civil Rights Act, MCL 37.2101, et seq. Policies on Bullying, Michigan State Board of Education, 7-19-01 Model Anti-Bullying Policy, Michigan State Board of Education, 09-2006 National School Boards Association Inquiry and Analysis – May 2008
General Policy Statement
It is the policy of the Board to maintain an education and work environment that is free from all forms of unlawful harassment, including sexual harassment. This commitment applies to all Academy operations, programs, and activities. All students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of unlawful harassment. This policy applies to unlawful conduct occurring on school property, or at another location if such conduct occurs during an activity sponsored by the Board.
The Board will vigorously enforce its prohibition against discriminatory harassment based on race, color, national origin, sex (including sexual orientation and transgender identity), disability, age (except as authorized by law), religion, height, weight, martial or family status, military status ancestry, or genetic information (collectively, "Protected Classes") that are protected by Federal civil rights laws (hereinafter referred to as unlawful harassment), and encourages those within the Academy community as well as third parties, who feel aggrieved to seek assistance to rectify such problems. The Board will investigate all allegations of harassment and in those cases where unlawful harassment is substantiated, the Board will take immediate steps to end the harassment, prevent its recurrence, and remedy its effects. Individuals who are found to have engaged in unlawful harassment will be subject to appropriate disciplinary action.
For purposes of this policy, "Academy community" means students, administrators, and professional and support staff, as well as Board members, agents, volunteers, contractors, or other persons subject to the control and supervision of the Board.
For purposes of this policy, "third parties" include, but are not limited to, guests and/or visitors on Academy property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with, the Board, and other individuals who come in contact with members of the Academy community at school-related events/activities (whether on or off Academy property).
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 162
Other Violations of the Anti-Harassment Policy
The Board will also take immediate steps to impose disciplinary action on individuals engaging in any of the following prohibited acts:
A. Retaliating against a person who has made a report or filed a complaint alleging unlawful harassment, or who has participated as a witness in a harassment investigation.
B. Filing a malicious or knowingly false report or complaint of unlawful harassment.
C. Disregarding, failing to investigate adequately, or delaying investigation of allegations of unlawful harassment, when responsibility for reporting and/or investigating harassment charges comprises part of one's supervisory duties.
Definitions
Bullying
Bullying rises to the level of unlawful harassment when one or more persons systematically and chronically inflict physical hurt or psychological distress on one (1) or more students or employees and that bullying is based upon one (1) or more Protected Classes, that is, characteristics that are protected by Federal civil rights laws. It is defined as any unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting, or dehumanizing gesture, by an adult or student, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational or work environment; cause discomfort or humiliation; or unreasonably interfere with the individual's school or work performance or participation; and may involve:
A. teasing;
B. threats;
C. intimidation;
D. stalking;
E. cyberstalking;
F. cyberbullying;
G. physical violence;
H. theft;
I. sexual, religious, or racial harassment;
J. public humiliation; or
K. destruction of property.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 163
Harassment
"Harassment" means any threatening, insulting, or dehumanizing gesture, use of technology, or written, verbal or physical conduct directed against a student or Academy employee that:
A. places a student or Academy employee in reasonable fear of harm to his/her person or damage to his/her property;
B. has the effect of substantially interfering with a student's educational performance, opportunities, or benefits, or an employee's work performance; or
C. has the effect of substantially disrupting the orderly operation of the Academy.
Sexual Harassment
Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
A. submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment, or status in a class, educational program, or activity;
B. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or
C. such conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working, and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity.
Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite gender.
Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:
A. unwelcome sexual propositions, invitations, solicitations, and flirtations;
B. unwanted physical and/or sexual contact;
C. threats or insinuations that a person's employment, wages, academic grade, promotion, classroom work or assignments, academic status, participation in athletics or extra-curricular programs or events, or other conditions of employment or education may be adversely affected by not submitting to sexual advances;
D. unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls;
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 164
E. sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or educational environment, which may embarrass or offend individuals;
F. unwelcome and inappropriate touching, patting, or pinching; obscene gestures;
G. a pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another;
H. remarks speculating about a person's sexual activities or sexual history, or remarks about one's own sexual activities or sexual history;
I. inappropriate boundary invasions by an employee or other adult member of the Academy community into a student's personal space and personal life; or
J. verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex-stereotyping that does not involve conduct of a sexual nature.
Not all behavior with sexual connotations constitutes unlawful sexual harassment. Sex-based or gender-based conduct must be sufficiently severe, pervasive, and persistent such that it adversely affects, limits, or denies an individual's employment or education, or such that it creates a hostile or abusive employment or educational environment, or such that it is intended to, or has the effect of, denying or limiting a student's ability to participate in or benefit from the educational program or activities.
[NOTE: Sexual conduct/relationships with students by school employees or any other adult member of the Academy community is prohibited, and any teacher, administrator, coach, or other school authority who engages in sexual conduct with a student may also be guilty of the criminal charge of "sexual battery". The issue of consent is irrelevant in regard to such criminal charge and/or with respect to the application of this policy to school employees or other adult members of the Academy community.]
Race/Color Harassment
Prohibited racial harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's race or color and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working, and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's race or color, such as racial slurs, nicknames implying stereotypes, epithets, and/or negative references relative to racial customs.
Religious (Creed) Harassment
Prohibited religious harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's religion or creed and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 165
participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's religious tradition, clothing, or surnames, and/or involves religious slurs.
National Origin Harassment
Prohibited national origin/ancestry harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's national origin or ancestry and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's national origin or ancestry, such as negative comments regarding customs, manner of speaking, language, surnames, or ethnic slurs.
Disability Harassment
Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's disability and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like. Such harassment may further occur where conduct is directed at or pertains to a person's genetic information.
Reports and Complaints of Harassing Conduct
Students and other members of the Academy community and third parties are encouraged to promptly report incidents of harassing conduct to a teacher, an administrator, supervisor or other Academy official so that the conduct may addressed before it becomes severe, pervasive, or persistent. Any teacher, administrator, supervisor, or other Academy employee or official who receives such a complaint shall file it with the Academy's Anti-Harassment Compliance Officer within two (2) school days.
Members of the Academy community, which includes students, or third parties who believe they have been unlawfully harassed are entitled to utilize the Board's complaint process that is set forth below. Initiating a complaint, whether formally or informally, will not adversely affect the complaining individual's employment or participation in educational or extra-curricular programs. While there are no time limits for initiating complaints of harassment under this policy, individuals should make every effort to file a complaint as soon as possible after the conduct occurs while the facts are known and potential witnesses are available.
If, during an investigation of alleged bullying, aggressive behavior and/or harassment in accordance with Policy 5517.01 – Bullying and Other Forms of Aggressive Behavior, the School Leader believes that the reported misconduct may have created a hostile work environment and may have constituted unlawful discriminatory harassment based on a Protected Class, the School Leader will report the act of bullying, aggressive behavior and/or harassment to one of the AntiHarassment Compliance Officers who shall investigate the allegation in accordance with this policy. While the Compliance Officer investigates the allegation, the School Leader shall suspend
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 166
his/her 5517.01 investigation to await the Compliance Officer's written report. The Compliance Officer shall keep the School Leader informed of the status of the 3362 investigation and provide him/her with a copy of the resulting written report.
Anti-Harassment Compliance Officers
The Board designates the following individuals to serve as "Anti-Harassment Compliance Officers" for the Academy. They are hereinafter referred to as the "Compliance Officers".
[NOTE: Academies are advised to appoint both a male and a female Compliance Officer in order to provide Complainants with the option to report their concerns to an individual of the gender with which they feel most comfortable. In addition, the Compliance Officers may also serve as the Academy's Section 504 and Title IX Coordinators.]
Director of Compliance 7877 Stead Utica, Michigan 48317 (586) 731-5300
The names, titles, and contact information of these individuals will be published annually:
A. in the parent and staff handbooks
The Compliance Officers will be available during regular school/work hours to discuss concerns related to unlawful harassment, to assist students, other members of the Academy community, and third parties who seek support or advice when informing another individual about "unwelcome" conduct, or to intercede informally on behalf of the student, other member of the Academy community or third party in those instances where concerns have not resulted in the filing of a formal complaint and where all parties are in agreement to participate in an informal process.
Compliance Officers shall accept complaints of unlawful harassment directly from any member of the Academy community or a visitor to the Academy, or receive complaints that are initially filed with a school building administrator. Upon receipt of a complaint either directly or through a school building administrator, a Compliance Officer will begin either an informal or formal process (depending on the request of the person alleging the harassment or the nature of the alleged harassment), or the Compliance Officer will designate a specific individual to conduct such a process. In the case of a formal complaint, the Compliance Officer will prepare recommendations for the ESP or will oversee the preparation of such recommendations by a designee. All members of the Academy community must report incidents of harassment that are reported to them to the Compliance Officer within two (2) business days of learning of the incident.
Academy personnel who directly observe unlawful harassment of a student is obligated, in accordance with this policy, to report such observations to one of the Compliance Officers within two (2) business days. Additionally, any Academy employee who observes an act of unlawful harassment is expected to intervene to stop the harassment, unless circumstances make such an intervention dangerous, in which case the staff member should immediately notify other Academy employees and/or local law enforcement officials, as necessary, to stop the harassment. Thereafter, the Compliance Officer or designee must contact the student, if age eighteen (18) or older, or the student's parents if under the age eighteen (18), within two (2) school days to advise s/he/them of the Board's intent to investigate the alleged misconduct, including the
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 167
obligation of the Compliance Officer or designee to conduct an investigation following all the procedures outlined for a formal complaint.
Investigation and Complaint Procedure
Any student who believes that s/he has been subjected to unlawful harassment may seek resolution of his/her complaint through either the informal or formal procedures as described below. Further, a process for investigating claims of harassment or retaliation and a process for rendering a decision regarding whether the claim of legally prohibited harassment or retaliation was substantiated are set forth below.
Due to the sensitivity surrounding complaints of unlawful harassment or retaliation, time lines are flexible for initiating the complaint process; however, individuals should make every effort to file a complaint within thirty (30) calendar days after the conduct occurs while the facts are known and potential witnesses are available. Once the formal complaint process is begun, the investigation will be completed in a timely manner (ordinarily, within fifteen (15) business days of the complaint being received).
The informal and formal procedures set forth below are not intended to interfere with the rights of a student to pursue a complaint of unlawful harassment or retaliation with the United States Department of Education Office for Civil Rights.
Informal Complaint Procedure
The goal of the informal complaint procedure is to stop inappropriate behavior and to investigate and facilitate resolution through an informal means, if possible. The informal complaint procedure is provided as a less formal option for a student who believes s/he has been unlawfully harassed or retaliated against. This informal procedure is not required as a precursor to the filing of a formal complaint.
Students who believe that they have been unlawfully harassed may initiate their complaint through this informal complaint process, but are not required to do so. The informal process is only available in those circumstances where the parties (alleged target of harassment and alleged harasser(s)) agree to participate in the informal process.
Students who believe that they have been unlawfully harassed or retaliated may proceed immediately to the formal complaint process and individuals who seek resolution through the informal procedure may request that the informal process be terminated at any time to move to the formal complaint process.
However, all complaints of harassment involving an Academy employee or any other adult member of the Academy community against a student will be formally investigated. Similarly, any allegations of sexual violence will be formally investigated.
As an initial course of action, if a student feels that s/he is being unlawfully harassed and s/he is able and feels safe doing so, the individual should tell or otherwise inform the harasser that the conduct is unwelcome and must stop. Such direct communication should not be utilized in circumstances involving sexual violence. The complaining individual should address the allegedly harassing conduct as soon after it occurs as possible. The Compliance Officers are available to support and counsel individuals when taking this initial step or to intervene on behalf of the individual if requested to do so. An individual who is uncomfortable or unwilling to inform the
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 168
harasser of his/her complaint is not prohibited from otherwise filing an informal or a formal complaint. In addition, with regard to certain types of unlawful harassment, such as sexual harassment, the Compliance Officer may advise against the use of the informal complaint process.
A student who believes s/he has been unlawfully harassed may make an informal complaint, either orally or in writing: (1) to a teacher, other employee, or building administrator in the school the student attends; (2) to the ESP; and/or (3) directly to one of the Compliance Officers.
All informal complaints must be reported to one of the Compliance Officers who will either facilitate an informal resolution as described below on his/her own, or appoint another individual to facilitate an informal resolution.
The Academy's informal complaint procedure is designed to provide students who believe they are being unlawfully harassed with a range of options designed to bring about a resolution of their concerns. Depending upon the nature of the complaint and the wishes of the student claiming unlawful harassment, informal resolution may involve, but not be limited to, one or more of the following:
A. advising the student about how to communicate the unwelcome nature of the behavior to the alleged harasser;
B. distributing a copy of the anti-harassment policy as a reminder to the individuals in the school building or office where the individual whose behavior is being questioned works or attends; or
C. if both parties agree, the Compliance Officer may arrange and facilitate a meeting between the student claiming harassment and the individual accused of harassment to work out a mutual resolution. Such a meeting is not appropriate in circumstances involving sexual violence.
While there are no set time limits within which an informal complaint must be resolved, the Compliance Officer or designee will exercise his/her authority to attempt to resolve all informal complaints within fifteen (15) business days of receiving the informal complaint. Parties who are dissatisfied with the results of the informal complaint process may proceed to file a formal complaint. And, as stated above, parties may request that the informal process be terminated at any time to move to the formal complaint process.
All materials generated as part of the informal complaint process will be retained by the Compliance Officers in accordance with the Board's records retention policy and/or Student records policy. (See Policy 8310 and Policy 8330)
Formal Complaint Procedure
If a complaint is not resolved through the informal complaint process, if one of the parties has requested that the informal complaint process be terminated to move to the formal complaint process, or if the student elects to file a formal complaint initially, the formal complaint process shall be implemented.
A student who believes s/he has been subjected to offensive conduct/harassment/retaliation hereinafter referred to as the "Complainant", may file a formal complaint, either orally or in writing,
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 169
with a teacher, principal, or other Academy employee at the student's school, the Compliance Officer, ESP, or another Academy employee who works at another school. Due to the sensitivity surrounding complaints of unlawful harassment and retaliation, timelines are flexible for initiating the complaint process; however, individuals should make every effort to file a complaint within thirty (30) calendar days after the conduct occurs while the facts are known and potential witnesses are available. If a Complainant informs a teacher, principal, ESP, or other Academy employee, either orally or in writing, about any complaint of harassment or retaliation, that employee must report such information to the Compliance Officer or designee within two (2) business days.
Throughout the course of the process, the Compliance Officer should keep the parties informed of the status of the investigation and the decision-making process.
All formal complaints must include the following information to the extent it is available: the identity of the individual believed to have engaged in, or be engaging in, offensive conduct/harassment/retaliation; a detailed description of the facts upon which the complaint is based; a list of potential witnesses; and the resolution sought by the Complainant.
If the Complainant is unwilling or unable to provide a written statement including the information set forth above, the Compliance Officer shall ask for such details in an oral interview. Thereafter, the Compliance Officer will prepare a written summary of the oral interview, and the Complainant will be asked to verify the accuracy of the reported charge by signing the document.
Upon receiving a formal complaint, the Compliance Officer will consider whether any action should be taken in the investigatory phase to protect the Complainant from further harassment or retaliation, including, but not limited to, a change of work assignment or schedule for the Complainant and/or the alleged harasser. In making such a determination, the Compliance Officer should consult the Complainant to assess his/her agreement to the proposed action. If the Complainant is unwilling to consent to the proposed change, the Compliance Officer may still take whatever actions s/he deem appropriate in consultation with the ESP.
Within two (2) business days of receiving the complaint, the Compliance Officer or a designee will initiate a formal investigation to determine whether the Complainant has been subjected to offensive conduct/harassment/retaliation. The ESP will not conduct an investigation unless directed to do so by the Compliance Officer.
Simultaneously, the Compliance Officer will inform the individual alleged to have engaged in the harassing or retaliatory conduct, hereinafter referred to as the "Respondent", that a complaint has been received. The Respondent will be informed about the nature of the allegations and provided with a copy of any relevant administrative guidelines, including the Board's Anti-Harassment policy. The Respondent must also be informed of the opportunity to submit a written response to the complaint within five (5) business days.
Although certain cases may require additional time, the Compliance Officer or a designee will attempt to complete an investigation into the allegations of harassment/retaliation within fifteen (15) business days of receiving the formal complaint. The investigation will include:
A. interviews with the Complainant;
B. interviews with the Respondent;
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 170
C. interviews with any other witnesses who may reasonably be expected to have any information relevant to the allegations; and
D. consideration of any documentation or other information presented by the Complainant, Respondent, or any other witness that is reasonably believed to be relevant to the allegations.
At the conclusion of the investigation, the Compliance Officer or the designee shall prepare and deliver a written report to the ESP that summarizes the evidence gathered during the investigation and provides recommendations based on the evidence and the definition of unlawful harassment as provided in Board policy and State and Federal law as to whether the Complainant has been subjected to unlawful harassment. The Compliance Officer's recommendations must be based upon the totality of the circumstances, including the ages and maturity levels of those involved. In determining if discriminatory harassment or retaliation occurred, a preponderance of evidence standard will be used. The Compliance Officer may consult with the Board's legal counsel before finalizing the report to the ESP.
Absent extenuating circumstances, within ten (10) school days of receiving the report of the Compliance Officer or the designee, the ESP must either issue a final decision regarding whether the complaint of harassment has been substantiated or request further investigation. A copy of the ESP final decision will be delivered to both the Complainant and the Respondent.
If the ESP requests additional investigation, the ESP must specify the additional information that is to be gathered, and such additional investigation must be completed within ten (10) school days. At the conclusion of the additional investigation, the ESP shall issue a final written decision as described above.
The decision of the ESP shall be final.
Privacy/Confidentiality
The Academy will employ all reasonable efforts to protect the rights of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the Board's legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under the terms of this policy and its related Administrative Procedures shall be maintained as confidential to the extent permitted by law. Confidentiality, however, cannot be guaranteed. All Complainants proceeding through the formal investigation process will be advised that their identities may be disclosed to the Respondent.
During the course of a formal investigation, the Compliance Officer or his/her designee will instruct all members of the Academy community and third parties who are interviewed about the importance of maintaining confidentiality. Any individual who is interviewed as part of a harassment investigation is expected not to disclose any information that s/he learns or that s/he provides during the course of the investigation.
Sanctions and Monitoring
The Board shall vigorously enforce its prohibitions against unlawful harassment by taking appropriate action reasonably calculated to stop the harassment and prevent further such harassment. While observing the principles of due process, a violation of this policy may result in
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517 - page 171
disciplinary action up to and including the discharge of an employee or the suspension/expulsion of a student. All disciplinary action will be taken in accordance with applicable State law and the terms of the relevant collective bargaining agreement(s). When imposing discipline, the School Leader shall consider the totality of the circumstances involved in the matter, including the ages and maturity levels of those involved. In those cases where unlawful harassment is not substantiated, the Board may consider whether the alleged conduct nevertheless warrants discipline in accordance with other Board policies, consistent with the terms of the relevant collective bargaining agreement(s).
Where the Board becomes aware that a prior remedial action has been taken against a member of the Academy community, all subsequent sanctions imposed by the Board and/or ESP, shall be reasonably calculated to end such conduct, prevent its reoccurrence, and remedy its effects.
Retaliation
Any act of retaliation against a person who has made a report or filed a complaint alleging unlawful harassment, or who has participated as a witness in a harassment investigation is prohibited.
Allegations Constituting Criminal Conduct: Child Abuse/Sexual Misconduct
State law requires any Academy teacher or Academy employee who knows or suspects that a a student with a disability who is twenty-six (26) years or younger or a student under the age of eighteen (18) has suffered or faces a threat of suffering a physical or mental wound, disability or condition of a nature that reasonably indicates abuse or neglect of a child to immediately report that knowledge or suspicion to the county children's services agency. If, during the course of a harassment investigation, the Compliance Officer or a designee has reason to believe or suspect that the alleged conduct reasonably indicates abuse or neglect of the Complainant, a report of such knowledge must be made in accordance with State law and Board Policy.
Any reports made to a county children's services agency or to local law enforcement shall not terminate the Compliance Officer or a designee's obligation and responsibility to continue to investigate a complaint of harassment. While the Compliance Officer or a designee may work cooperatively with outside agencies to conduct concurrent investigations, in no event shall the harassment investigation be inhibited by the involvement of outside agencies without good cause after consultation with the ESP.
Education and Training
In support of this Anti-Harassment Policy, the Board promotes preventative educational measures to create greater awareness of unlawful discriminatory practices. The ESP, or designee shall provide appropriate information to all members of the Academy community related to the implementation of this policy and shall provide training for Academy students and staff where appropriate. All training, as well as information provided regarding the Board's policy and harassment in general, will be age and content appropriate.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517.01 - page 172
BULLYING
Reference: The Matt Epling Safe School Law, Public Act 241 of 2011, as amended by Public Act 478 of 2014 (MCL § 380.1310b).
The Board believes that a safe and nurturing educational environment in school is necessary for students to learn and achieve high academic standards. Therefore, it is the policy of the Academy to provide a safe and nurturing environment for all of its students. Appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of students, as well as administrators, faculty, staff, visitors, and volunteers.
Bullying and Cyberbullying are Prohibited
Bullying and cyberbullying of a student, whether by other students, staff, visitors, Board members, parents, guests, contractors, vendors and volunteers, is prohibited. All pupils are protected under this policy, and bullying and cyberbullying are prohibited without regard to its subject matter or motivating animus.
Definition of Bullying
“Bullying” means any written, verbal, or physical act, or any electronic communication, including, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm one (1) or more pupils either directly or indirectly by doing any of the following:
A. Substantially interfering with the educational opportunities, benefits, or programs of one (1) or more pupils.
B. Adversely affecting the ability of a pupil to participate in or benefit from the school district’s or public school’s educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
C. Having an actual and substantial detrimental effect on a pupil’s physical or mental health.
D. Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
“Cyberbullying” means any electronic communication that is intended or that a reasonable person would know is likely to harm one (1) or more pupils either directly or indirectly by doing any of the following:
A. Substantially interfering with the educational opportunities, benefits, or programs of one (1) or more pupils.
B. Adversely affecting the ability of a pupil to participate in or benefit from the school district’s or public school’s educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
C. Having an actual and substantial detrimental effect on a pupil’s physical or mental health.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517.01 - page 173
D. Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
Since “bullying” also includes “cyberbullying,” any reference in this policy to “bullying” shall also be deemed to refer to “cyberbullying.”
Bullying and cyberbullying are prohibited at school. “At school” is defined as on school premises, at school-sponsored activities or events, in a school-related vehicle, or using telecommunications access device or a telecommunications service provider if the telecommunications access device or telecommunications service provider is owned by or under the control of the school district. “Telecommunications access device” and “telecommunications service provider” mean those terms as defined in Section 219a of the Michigan Penal Code (MCL § 750.219a).
Bullying and cyberbullying that does not occur “at school,” as defined above, but that causes a substantial disruption to the educational environment may be subject to disciplinary action in accordance with this policy and applicable law.
Reporting and Investigating Reports of Bullying
Every student is encouraged to report any situation that he or she believes to be bullying behavior directed toward a student to a teacher, a counselor, administrator, or other staff member. Staff members shall report any reports made by students or situations that they believe to be bullying behavior directed toward a student to the ESP. Complaints against the ESP shall be reported to the Board.
Under state law, a school employee, school volunteer, student, or parent or guardian who promptly reports in good faith an act of bullying to the appropriate school official designated in this policy and who makes this report in compliance with the procedures set forth in this policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident. This immunity does not apply to a school official responsible for implementing this policy or for remedying the bullying, when acting in that capacity.
Retaliation or false accusation against a target of bullying, a witness, or another person with information about an act of bullying is prohibited. Suspected retaliation should be reported in the same manner as suspected bullying behavior. Making intentionally false accusations of bullying is likewise prohibited. Retaliation and making intentionally false accusations of bullying may result in disciplinary action up to and including expulsion.
All complaints about bullying that may violate this policy shall be promptly investigated and documented. The ESP or designee is responsible for the investigation. If the investigation results in a finding that bullying has occurred, it shall result in prompt and appropriate disciplinary action, up to and including expulsion for students, up to and including discharge for employees, and up to and including exclusion from school property for parents, guests, volunteers, and contractors. Individuals may also be referred to law enforcement officials.
Where the investigation results in a finding that bullying has occurred, both the parent or legal guardian of a victim of bullying and the parent or legal guardian of a perpetrator of the bullying shall be notified promptly in writing. In addition, administrators investigating alleged bullying may notify parents of the victim or perpetrator of bullying sooner than the conclusion of the investigation if circumstances dictate such earlier notification.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5517.01 - page 174
The Academy shall document any prohibited incident that is reported and shall document all verified incidents of bullying and the resulting consequences, including the required notification of parents or guardians and any discipline and referrals.
The School Leader is the school official responsible for ensuring that this policy is implemented.
Confidentiality
The Academy will comply with all applicable laws regarding confidentiality of personally identifiable information within education records. In addition, the identity of an individual who reports an act of bullying or cyberbullying shall be and remain confidential. The School Leader, or the School Leader’s designee, shall ensure that the name of an individual who reports an act of bullying or cyberbullying is withheld from the alleged perpetrator and the perpetrator’s parent(s), legal guardian(s) and representative(s), and is redacted from any report of bullying or cyberbullying that is publically disclosed.
Notification
This policy will be annually circulated to parents and students, and shall be posted on the Academy website.
Reporting
As required by state statute, the Academy shall provide a report of all verified incidents of bullying and other required information to the Michigan Department of Education on an annual basis, according to the form and procedures established by the Department.
As required by state statute, the Academy’s procedures with respect to bullying are contained within this policy, and thus no administrative guidelines accompany this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5520 - page 175
DISORDERLY CONDUCT
It is the purpose of the Board, acting within the intent and letter of the laws of the State of Michigan, to provide instruction for students at public expense. Any act of any person(s) that interfere with or thwart this purpose is unlawful or is in violation of Board policy. Therefore, actions by a student(s) to interfere materially or substantially with the operations of the Academy by defacing or destroying school property, by rioting, breaking-in, sitting-in, lying-in, smashing-in, or by picketing to force students not to cross picket lines are illegal. Students who engage in such activities may be punished to the full extent of the law and Board policy.
For the purposes of this policy, the term disorderly conduct includes any unlawful student assemblage; group acts of violence, disruption, vandalism, or building seizure; or interference with the functioning of school personnel, any student, or group of students.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5530 - page 176
DRUG FREE ENVIRONMENT
Reference: MCL 37.1211(a); 20 USC §§ 5812, 7114; 41 USC § 702; 42 USC §§ 12114, 12210; 28 CFR § 35.131; 29 CFR §§ 825.112, 1630.3; 49 CFR §§ 382.121, 382.401, 382.601
The use, manufacture, possession, distribution, or dispensation of alcoholic liquor or the illegal use, manufacture, possession, distribution or dispensation of drugs or drug paraphernalia is strictly prohibited on school property, on school provided transportation, or at school-sponsored events. The Academy shall maintain a drug-free environment at all times.
Students found in possession of alcohol or illegal drugs (including drug paraphernalia), or found to be under the influence of such substances, shall be subject to discipline pursuant to the Academy Code of Conduct.
The School Leader shall establish a drug-free awareness program consistent with this policy and all applicable law. Such a program may include reasonable guidelines and procedures designed to ensure that an individual who has formerly engaged in the illegal use of drugs is no longer engaging in the illegal use of drugs.
Students of the Academy shall be provided with a copy of the standards regarding alcoholic liquor and illegal drugs, including drug paraphernalia, and shall be informed that compliance with these standards is mandatory.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5532 - page 177
PERFORMANCE-ENHANCING DRUGS/COMPOUNDS
Reference: MCL 333.26301 et seq., 380.1318
The Board recognizes the use of dietary supplements containing performance-enhancing compounds and/or performance-enhancing drugs poses a serious health risk to students.
Accordingly, no staff member, volunteer, or contractor shall knowingly sell, market, distribute, or promote the use of any dietary supplement containing a performance enhancing compound or a performance-enhancing drug (e.g., anabolic steroids), to a student with whom the staff member, volunteer, or contractor has contact as a part of his/her duties. Furthermore, the staff member, volunteer, or contractor shall not endorse or suggest the ingestion, intranasal application, or inhalation of such a dietary supplement by a student with whom s/he has contact as part of his/her duties.
Use of a performance-enhancing substance regardless of source by a student is a violation that will affect a pupil's athletic eligibility and extra-curricular participation, as determined by the Board. A list of performance-enhancing substances developed by the State Department of Community Health shall be updated annually and included in AG 2431. This notice and list shall also be published in the Parent/Student Handbook provided annually.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5540 - page 178
INTERROGATION OF STUDENTS
Reference: MCL 722.627 Attorney General's Opinion No 6869, September 6, 1995
The Board is committed to protecting students from harm that may or may not be directly associated with the school environment but also recognizes its responsibility to cooperate with law enforcement State's child protection agency.
Whenever it has been determined that an agency has a legitimate purpose in interrogating a student within the confines of the Academy, the ESP or representative shall be present throughout the proceedings. S/He should also verify that the student(s) has been informed of his/her rights to refuse to answer questions, to be informed that anything s/he says may be used against him/her in court, and to consult with and be advised by legal counsel.
Such agencies should be encouraged to investigate alleged violations of the law off school property if at all possible. An investigation can take place immediately on school property at the request of the building administrator if the alleged violation of law took place on school property or in emergency situations.
When police or other authorities arrive at the Academy and wish to interview a student or investigate an alleged violation of law, they must contact the building administrator indicating the nature of their investigation and their desire to question a student or students.
Before the student(s) is (are) questioned as a witness to or suspect in an alleged violation of law, the building administrator shall attempt to contact the parent prior to questioning and shall request to remain in the room during the questioning.
If the student is the subject of a child abuse/neglect investigation, the School Leader shall attempt to contact the parent prior to questioning, and s/he or a designated guidance counselor will make every effort to remain in the room during questioning. If an agency investigating child abuse/neglect indicates that the parent or a family member is believed to be the perpetrator, the building administrator will not contact either parent prior to the interview if so requested by the investigator. All attempts to notify the parents should be documented.
When an authorized law enforcement officer or child protection agency removes a student, the School Leader will record the name of the investigator, the public agency involved and the destination of the student if possible. S/he shall also notify the parent and the ESP.
No Academy official may release personally identifiable student information in education records to the police or children's services agency without prior written permission of the parent, a lawfullyissued subpoena, or a court order, unless it is an emergency situation involving the health or safety of the involved student or other students. Proper directory information may be disclosed upon request. (See Board Policy 8330).
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5600 - page 179
STUDENT DISCIPLINE
The Board acknowledges conduct is closely related to learning and an effective instructional program requires an orderly school environment, as reflected in the behavior of students.
The Board believes the best discipline is self-imposed, with students assuming responsibility for their own behavior and the resulting consequences.
The Board shall require each student of the Academy to adhere to the Code of Conduct established by the administration and submit to such disciplinary measures, appropriately assigned for infraction of those rules. Such rules shall require students to do the following:
A. conform to reasonable standards of socially acceptable behavior;
B. respect other persons and their property;
C. preserve the degree of order necessary for the educational program in which they are engaged;
D. respect the rights of others;
E. obey the constituted authority and respond with respect to those who hold that authority.
The ESP shall develop Administrative Procedures for student conduct (Code of Conduct) that carry out the purposes of this policy and have the following characteristics:
A. focus on the need to maintain a school environment conducive to learning;
B. do not discriminate among students;
C. do not demean students;
D. do not violate any individual rights constitutionally guaranteed to students.
The ESP shall also designate sanctions, excluding corporal punishment, for the infractions of rules in the Code of Conduct. The sanctions shall accomplish the following:
A. relate in kind and degree to the infraction;
B. require the student to take responsibility for his/her actions;
C. reduce the effects of any harm caused by the student's misconduct.
The Academy shall publish to all students and their parents the rules of the Academy regarding student conduct, the sanctions which may be imposed, and the due process procedures to be followed in administering the Code of Conduct.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5600 - page 180
The School Leader shall have the authority to assign discipline to students, subject to Administrative Procedures (Code of Conduct) and the student's due process right to notice, hearing, and appeal.
Staff members with authority over students shall have the authority to take the necessary means to control any disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this Board and when such conduct interferes with the educational program of the Academy or threatens the health and safety of others.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 181
EMERGENCY REMOVAL, SUSPENSION AND EXPULSION OF STUDENTS
Reference: MCL 380.1309; MCL 380.1312(8)&(9); MCL 37.1402; 20 USC §§ 5812, 5964, 5965, 7114, 7115, 7151; 42 USC § 290hh; State Board of Education, Resolution to Address School Discipline Issues Impacting Student Outcomes, Adopted June 12, 2012 [Note: MCL 380.1311a was held to be unconstitutionally overbroad in Smith ex rel. Smith v Mount Pleasant Public Academy, 285 F Supp 2d 987 (ED Mich, 2003).]
Respect for law and for those persons in authority shall be expected of all students. This includes conformity to Academy rules as well as general provisions of law. Respect for the rights of others, consideration of their privileges, and cooperative citizenship also shall be expected of all members of the Academy community.
Respect for real and personal property; pride in one's work; achievement within the range of one's ability; and exemplary personal standards of courtesy, decency, and honesty should be maintained in the Academy.
The ESP shall establish Administrative Procedures to carry out Board policy and philosophy, and shall hold all school personnel, students, and parents responsible for the conduct of students at the school, on school provided transportation, and at school-related events.
This Policy shall be included in the code of student conduct, which shall be reviewed periodically. This Policy shall comply with all applicable law. Any conflict between this Policy and applicable law shall be resolved in favor of applicable law.
The Board acknowledges that conduct is closely related to learning and that an effective instructional program requires an orderly school environment which is, in part, reflected in the behavior of students.
The Board requires each student of the Academy to adhere to the Code of Conduct established by the administration and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. Such rules shall require that students:
A. conform to reasonable standards of socially-acceptable behavior;
B. respect the person and property of others;
C. preserve the degree of order necessary to the educational program in which they are engaged;
D. respect the rights of others; and
E. obey authority and respond to those who hold authority.
The School Leader shall develop procedures for student conduct that carry out the purposes of this policy and respect the individual rights constitutionally guaranteed to students.
Academy administration shall designate sanctions, excluding corporal punishment, for the infraction of rules which shall:
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 182
A. relate in kind and degree to the infraction;
B. help the student learn to take responsibility for his/her actions; and
C. be directed, where possible, to reduce the effects of any harm which may have been caused by the student's misconduct.
A student may be removed from the classroom, suspended or expelled for persistent disobedience or gross misconduct. A student may not be expelled or excluded from the regular school program based on pregnancy status.
In recognition of the negative impact on a student's education, the Board encourages the Academy's administrators to view suspensions, particularly those over ten (10) days, and permanent expulsions as discipline of last resort, except where these disciplines are required by law (Policy 5610.01). Alternatives to avoid or to improve undesirable behaviors should be explored when possible prior to implementing or requesting a suspension or expulsion.
The Board recognizes exclusion from the educational programs of the Academy, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student and is one that cannot be imposed without due process, since exclusion deprives a child of the right to an education. The Board also recognizes that it may be necessary for a teacher to remove a student from class for conduct disruptive to the learning environment, and that such removals are not subject to a prior hearing, provided the removal is for a period of less than twenty-four (24) hours. However, if an emergency removal may result in a suspension, then due process must be ensured.
For purposes of this policy, suspension shall be either short-term (not more than ten (10) days) or long-term (for more than ten (10) days but less than permanent expulsion) removal of a student from a regular Academy program. The School Leader may suspend a student for a period not to exceed ten (10) school days.
For purposes of this policy, unless otherwise defined in Federal and/or State law, expulsion is defined as the permanent exclusion of a student from the Academy. Students who are expelled may petition for reinstatement as provided below.
The School Leader may suspend a student for a period longer than ten (10) days or expel a student. The Board shall act on any appeal to the decision.
No student, otherwise eligible for attendance, shall be excluded from an Academy program, unless that student has substantially interfered with the maintenance of good order or unless it is necessary to protect that student's or other students' physical or emotional safety and well-being.
A student may be removed from a class, subject, or activity for one (1) day by his/her teacher for certain conduct as specified in the Code of Conduct, or s/he may be given a short-term suspension by the School Leader. A student so removed may be allowed to attend other classes taught by other teachers during the term of the one (1) day removal. A student removed from the same class for ten (10) days will receive a due process hearing for each suspension beyond ten (10) days, consistent with required due process for long-term suspensions. The Board designates the School Leader as its representative at any hearings regarding the appeal of a suspension.
The Board may either suspend a student for a period longer than ten (10) days or expel him/her.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 183
In all cases resulting in short-term suspension, long-term suspension, or expulsion, appropriate due process rights must be observed.
The ESP, shall develop procedures to implement this policy that shall include the following:
A. strategies for providing special assistance to students in danger of being expelled and not achieving the academic outcomes of the Academy's core curriculum;
B. standards of behavior for all students in accordance with Academy Board policy on student discipline;
C. procedures that ensure due process; and
D. provision for make-up work at home, when appropriate.
Permanent Expulsion
The Board will not tolerate behavior that creates an unsafe environment, a threat to safety, or undue disruption of the educational environment.
Students with disabilities under IDEA or Section 504 shall be expelled only in accordance with their rights under federal law.
Physical and Verbal Assault
The Board shall permanently expel a student in grade six or above if that student commits physical assault at the Academy against a staff member, a volunteer, or a contractor. The Board shall suspend or expel a student in grade six or above for up to one hundred eighty (180) school days if the student commits physical assault at the Academy against another student.
Physical assault is defined as "intentionally causing or attempting to cause physical harm to another through force or violence."
The Board shall suspend or expel a student in grade six or above and may discipline, suspend or expel at student in grade five and below for a period of time as determined at the Board's discretion if the student commits verbal assault at school against a Academy employee, volunteer, or contractor or makes a bomb threat or similar threat directed at school building, property, or at a school-related activity.
Verbal assault is a communicated intent to inflict physical or other harm on another person, with a present intent and ability to act on the threat.
"At school" means in a classroom, elsewhere on school premises, on a school bus or other schoolrelated vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
Weapons, Arson, Criminal Sexual Conduct
In compliance with state and federal law, the Board shall expel any student (unless as noted below) who possesses a dangerous weapon in the Academy's weapon-free school zone in
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 184
violation of State law or commits either arson or criminal sexual conduct in a school building or on school property, including school buses and other Academy transportation.
For purposes of this policy, a "dangerous weapon" is defined by law as a firearm, dagger, dirk, stiletto, knife with a blade over three (3) inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles. This definition also includes other devices designed to (or likely to) inflict bodily harm, including, but not limited to, air guns and explosive devices. The term "firearm" is defined as any weapon (including a starter gun) that will, is designed to, or may readily be converted to expel a projectile by the action of the explosive, the frame, or the bearer of any such weapon, as well as a firearm muffler, firearm silencer, or any such destructive device.
The Board need not expel a student for possession of a dangerous weapon if the student can establish the following to the satisfaction of the Board:
A. the object or instrument was not possessed for use as a weapon, or for direct (or indirect) delivery to another person for use as a weapon;
B. the weapon was not knowingly possessed;
C. the student did not know (or have reason to know) that the object or instrument in his/her possession constituted a dangerous weapon; or
D. the weapon was possessed at the suggestion, request, direction of, or with the express permission of the School Leader or the police.
The above exceptions will not apply to student misconduct involving sexual conduct or arson. For expulsions for dangerous weapons, arson, criminal sexual conduct or assault upon an employee, volunteer or contractor, the School Leader shall provide that the expulsion is duly noted in the student's record, the student is referred to the Department of Human Services or Department of Community Health within three (3) school days after the expulsion, and the parents are informed of the referral. Furthermore, if a student who is expelled is below the age of sixteen (16), the School Leader shall ensure notification of the expulsion is given to the Juvenile Division of the Probate Court. In compliance with federal law, the School Leader shall also refer any student (regardless of age) expelled for possession of a dangerous weapon to the criminal justice or juvenile delinquency system serving the Academy. In addition, the School Leader shall send a copy of this policy to the State Department of Education and shall include a description of the circumstances surrounding the expulsion of the student for possessing a firearm or weapon in the Academy's weapon-free school zone, together with the name of the Academy, the number of students so expelled, and the types of firearms or weapons brought into the weapon-free school zone.
A student expelled under this policy for dangerous weapons, arson, criminal sexual conduct or assault upon an employee, volunteer or contractor may apply for reinstatement in accordance with the following guidelines:
A. If the student is in grade five (5) or below at the time of the expulsion and was expelled for possessing a firearm or threatening another person with a dangerous weapon, the parents, legal guardian, adult student, or emancipated minor may submit a request for reinstatement after sixty (60) school days from the date of expulsion, but the student may not be reinstated before ninety (90) school days from the expulsion date.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 185
B. If the student is in grade five (5) or below at the time of the expulsion and was expelled for a reason other than possessing a firearm or threatening another person with a dangerous weapon, the parents, legal guardian, adult student, or emancipated minor may submit a request for reinstatement at any time, but the student may not be reinstated before ten (10) school days from the expulsion date.
C. If the student is in grade six (6) or above at the time of the expulsion, the parents, legal guardian, adult student, or emancipated minor may submit a request for reinstatement after 150 school days from the date of the expulsion, but the student may not be reinstated before 180 school days from the expulsion date.
D. The parent, adult student, or emancipated minor shall submit the request for reinstatement to the School Leader.
E. Within ten (10) school days, the School Leader shall submit the request, together with any other information s/he deems pertinent, to a Board appointed committee consisting of two (2) Board members, a school administrator, a teacher, and a school-parent representative.
F. Within ten (10) school days after being appointed, the committee shall review all pertinent information and submit its recommendation to the Board. The recommendation may be for unconditional reinstatement, conditional reinstatement, or non-reinstatement, based on the committee's consideration of the following:
1. The extent to which reinstatement would create a risk of harm to students or school staff;
2. The extent to which reinstatement would create a risk of school or individual liability for the Board or school staff;
3. The age and maturity of the student;
4. The student's school record before the expulsion incident;
5. The student's attitude concerning the expulsion incident;
6. The student's behavior since the expulsion and the prospects for remediation;
7. The degree of cooperation and support the parent has provided and will provide if the student is reinstated (if the request was filed by a parent), including, but not limited to the parent's receptiveness toward any conditions placed on the reinstatement. Such conditions, for example, might include a written agreement by the student and/or a parent who filed the reinstatement request to accomplish the following:
a. abide by a behavior contract involving the student, his/her parents, and an outside agency;
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 186
b. participate in an anger management program or other counseling activities;
c. cooperate in processing and discussing periodic progress reviews;
d. meet other conditions deemed appropriate by the committee;
e. accept the consequences for not fulfilling the agreed upon conditions.
8. The committee may also allow the parent, adult student, or emancipated minor to propose conditions as part of the request for reinstatement.
The Board shall make its decision no later than the next regular Board meeting following the committee's submission of its recommendations. The Board's decision shall be final and is not subject to appeal.
In the event a student who has been permanently expelled from another school requests admission to the Academy, in making its decision, the Board shall follow the same procedure it has established in paragraphs A-F, above, for the reinstatement of a student.
Students expelled for reasons other than dangerous weapons, arson, criminal sexual conduct or assault upon an employee, volunteer or contractor may also petition the Board for reinstatement. The Board may, at its discretion, consider the petition in accordance with the procedures set forth above or upon any standards and with any procedures it determines appropriate under the circumstances .
The School Leader shall ensure Board policies and procedures regarding a student's rights to due process are followed when dealing with a possible suspension or expulsion under this policy.
In-School Discipline
The purpose of this policy is to provide an alternative to out of school suspension. The availability of in-school discipline options is dependent upon the financial ability of the Board to support such a program.
In-school discipline will only be offered at the discretion of the School Leader for offenses found in the Student Code of Conduct.
The School Leader is to establish procedures for the proper operation of such a program and to ensure appropriate due-process procedures are followed as applicable. (See BP 5630.01)
Due Process Rights
The Board recognizes the importance of safeguarding a student's constitutional rights, particularly when subject to the Academy's disciplinary procedures.
To better ensure appropriate due-process is provided a student, the Board establishes the following:
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 187
Students subject to short-term suspension:
Except when emergency removal is warranted, a student must be given oral or written notice of the charges against him/her and the opportunity to respond prior to the implementation of a suspension. When emergency removal has been implemented, notice and opportunity to respond shall occur as soon as reasonably possible. The School Leader or other designated administrator shall provide the opportunity to be heard and shall be responsible for making the suspension decision. An appeal may be addressed to the School Leader whose decision will be final.
Students subject to long-term suspension and expulsion:
A student and his/her parent or guardian must be given written notice of the intention to suspend or expel and the reasons therefore, and must also be given an opportunity to appear before the Board with a representative to answer the charges. The student and/or his/her guardian must also be provided a brief description of the student's rights and the hearing procedure, a list of the witnesses who will provide testimony to the Board, and a summary of the facts to which the witnesses will testify. At the student/parent's request, the hearing shall be held in closed session, but the Board must act publicly. The Board shall act by providing a written decision on any appeal of an expulsion, a request for reinstatement, or a request for admission after permanent expulsion from another school.
The School Leader shall develop procedures to ensure all members of the staff use the above guidelines when dealing with students. In addition, this statement of due process rights shall be placed in all student handbooks, in a manner that facilitates understanding by students and their parents.
Corporal Punishment
While recognizing that students may require disciplinary action in various forms, the Board does not condone the use of unreasonable force and fear as an appropriate procedure in student discipline.
Staff shall not use physical force or violence to compel obedience. If all other means fail, staff members may always resort to the removal of the student from the classroom or Academy through suspension or expulsion procedures.
Within the scope of their employment, all staff may use reasonable force and apply restraint to accomplish the following:
A. restrain or remove a student who refuses to comply with a request to behave or report to the office;
B. quell a disturbance threatening physical injury to self or others;
C. obtain possession of weapons or other dangerous objects within the control of the student, for either self-defense; or
D. the protection of persons or property.
In accordance with State law, corporal punishment shall not be permitted. If any staff member (full-time, part-time, or substitute) deliberately inflicts, or causes to be inflicted, physical pain upon
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5610 - page 188
the student (by hitting, paddling, spanking, slapping or any other kind of physical force) as a means of discipline, the staff member may be subject to discipline and possibly criminal assault charges. This prohibition also applies to volunteers and those with whom the Academy contracts for services.
The School Leader shall provide guidelines, including a list of alternatives to corporal punishment.
Removal, Suspension and Expulsion of Students with Disabilities
The Academy shall abide by federal and state laws in matters relating to discipline, suspension, and expulsion of disabled students.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5630.01 - page 189
STUDENT SECLUSION AND RESTRAINT
Reference: MDE Standards for the Emergency Use of Seclusion and Restraint (2006)
Professional staff members may need to restrain and seclude students under certain emergency circumstances. This must be done only as a last resort if students pose a threat to themselves or others.
All such intervention shall only be done in accordance with procedures developed by the ESP, which shall be based on the Standards adopted by the State Board of Education regarding the use of student restraint and seclusion.
Training will be provided to all professional staff and to substitute teachers, as well as the support staff determined appropriate by the ESP. Training will be in accordance with the State's Standards.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5710 - page 190
STUDENT GRIEVANCE
The Board recognizes students, as citizens, have the right to request redress of grievances. Further, the Board believes fostering respect for lawful procedures is an important part of the educational process. Accordingly, provisions for individual and group grievances should be provided for and appropriate appeal procedures shall be implemented.
For purposes of this policy, a student complaint or grievance shall be defined as those that arise out of actions, procedures, and/or policies of this Board or the lack of such policies or procedures.
The Board or its staff will hear the complaints and grievances of students, provided such complaints and grievances are made according to procedures established by the Administrative Procedures developed by the ESP.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5730 - page 191
EQUAL ACCESS FOR NON-ACADEMY-SPONSORED STUDENT CLUBS AND ACTIVITIES
Reference: MCL 380.1299 Equal Access Act of 1984, 20 USC 4071 et seq. Americans with Disabilities Act of 1990, 42 USC 12101 et seq. Civil Rights Act of 1964, 42 USC 2000e
The Board will not permit the use of school facilities by non-school- sponsored student clubs and activities or school-sponsored extra-curricular clubs and activities during instructional hours. During non-instructional time, however, no group of students, regardless of the size of the group, will be denied an opportunity to meet on the basis of religion, politics, philosophy, or other basis.
An application for permission for student clubs and activitiesnot sponsored by the Academy to meet on Academy premises shall be made to the School Leader, who shall grant permission, provided s/he determines the following:
A. the activity is initiated by students;
B. attendance at the activity is voluntary;
C. no agent or employee of the Academy is promoting, leading, or participating in the activity;
D. the activity does not materially and substantially interfere with the orderly conduct of instructional activities in the Academy; and
E. non-school persons are not directing, conducting, controlling, or regularly attending the activity.
A student-initiated group granted permission to hold an activity on Academy premises shall be provided the same rights and access and shall be subject to the same Administrative Procedures that govern the activities of student organizations sponsored by this Board, except as provided by this policy. Participation in a student-initiated activity must be available to all students who wish to attend and cannot be denied on the basis of a student's gender, religion, race, color, national origin or ancestry, age, disability, height, weight, marital status, social or economic status, and/or any other legally protected characteristic. In addition, there shall be no discrimination on the basis of the religious, political, philosophical, or other content of the speech at the activity.
A professional staff member may be assigned to attend a student initiated activity in a custodial capacity but shall not participate directly in the activity. No professional staff member shall be compelled to attend a student-initiated activity if the content of the speech at the activity is contrary to his/her beliefs. The School Leader may take such actions as may be necessary to maintain order and discipline on Academy premises and to protect the safety and well-being of students and staff members.
The Board will not permit the organization of a fraternity, sorority, or secret society. A student initiated activity may be attended by no more than 20 outside resource person(s). The School Leader may exclude non-students from directing, controlling, or attending any such activities of students.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5730 - page 192
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5771 - page 193
SEARCH AND SEIZURE
Reference: MCL 380.1306 US Constitution, 4th Amendment
The Board has charged Academy authorities with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, Academy authorities may search school property such as lockers and computers used by students and/or the students' personal property, including vehicles, in accordance with the following policy:
Academy Property
The Board acknowledges the need for in-school storage of students' possessions and shall provide storage places, including desks and lockers, for that purpose. Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have an expectation of privacy to prevent examination by a Academy official. The Board directs the School Leader to conduct a routine inspection, at least annually, of all such storage places. In the course of any search, student's privacy rights will be respected regarding any items that are not against Board policy.
The Board also authorizes the use of canines, trained in detecting the presence of drugs or devices, when the School Leader has reasonable suspicion that illegal drugs or devices may be present in the Academy. This means of detection shall be used only to determine the presence of drugs in locker areas and other places in the where such substances could be concealed. Canine detection must be conducted in collaboration with law enforcement authorities or other certified organizations and is not to be used to search students, unless either a warrant or parental permission has been obtained prior to the search.
Student Person and Possessions
The Board recognizes that the privacy of a student and his/her belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner. The extent of the search will be governed by the seriousness of the alleged infraction, the student's age, and the student's disciplinary history.
This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.
Reasonable suspicion that a communication device has been used to violate Academy policies or Administrative Procedures shall be subject to disciplinary action and may result in the communication device being confiscated.
Administrators are authorized to arrange for a breath-test instrument, according to the School Leader's Administrative Procedures, for the purpose of determining if a student has consumed an alcoholic beverage. It is not necessary for the test to determine blood alcohol level, since the Board has established a zero tolerance for alcohol use.
Except as provided below, a request for the search of a student or a student's possessions will be directed to the School Leader. S/he shall attempt to obtain the freely offered consent of the student to the inspection; however, provided there is reasonable suspicion, s/he may conduct the search without such consent. Whenever possible, a search will be conducted by the School
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5771 - page 194
Leader in the presence of the student and another staff member. A search, prompted by the reasonable belief that health and safety are immediately threatened, will be conducted with as much speed and dispatch as may be required to protect persons and property.
Search of a student's person or intimate personal belongings shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender, and only in exceptional circumstances, when the health or safety of the student or of others is immediately threatened.
The School Leader shall be responsible for the prompt recording, in writing, of each student search, including the following information: reasons for the search; information received that established the need for the search; the name of informant, if any; the persons present when the search was conducted; any substances or objects found and the disposition made of them; and any subsequent action taken. The School Leader shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student. The ESP shall prepare Administrative Procedures to implement this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5772 - page 195
POSSESSION OF WEAPONS
Reference: MCL 380.1311, 380.1312(1), 380.1313 20 USC 7151
The Board prohibits students from possessing, storing, making, or using a weapon in any setting under the control and supervision of the Academy for the purpose of school activities approved and authorized by the Academy, including, but not limited to, property leased, owned, or contracted for by the Academy, a school-sponsored event, or in a school vehicle.
The term weapon means any object capable of inflicting serious bodily harm or property damage or endangering the health and safety of persons. Weapons include, but are not limited to, firearms, guns of any type whatsoever, including air and gas-powered guns (whether loaded or unloaded), knives, razors, clubs, electric weapons, metallic knuckles, martial arts weapons, ammunition, and explosives.
This policy shall also encompass such actions as look-alike items, false fire alarms, bomb threats, or intentional calls to falsely report a dangerous condition.
The ESP is authorized to establish instructional programs on weapons that require students to immediately report knowledge of weapons and/or threats of violence by students or staff to the School Leader. Failure to report such knowledge may subject the student to discipline up to, and including, suspension or expulsion from the Academy.
The School Leader will refer any student who violates this policy to the student's parents or guardians and to the criminal justice or juvenile delinquency system. The student may also be subject to disciplinary action up to, and including, expulsion.
Policy exceptions include the following:
A. weapons under the control of law enforcement personnel.
Working firearms and any ammunition will never be approved as part of any presentation. This policy will be published annually in all Academy student and staff handbooks. Publication is not a precondition to enforcement of this policy.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5780 - page 196
STUDENT/PARENT RIGHTS
Reference: 20 USC 1232(h)
The Board recognizes that students possess both the right to an education and the rights of citizenship.
Attendant to the rights guaranteed to each student, however, are certain responsibilities, including respect for the rights of others, obedience to properly constituted Academy authority, and compliance with the procedures and rules of the Academy.
The Board realizes as students differ in age and maturity, so they differ in ability to handle both the rights of citizens and the concomitant responsibilities. The exercise of each right shall be granted, therefore, with due regard for the degree of responsibility possessed by the student and the student's need for the continuing guidance and control of those responsible for his/her education.
Since a student who has reached the age of majority possesses the full rights of an adult, s/he may authorize those Academy matters previously handled by his/her parents, but, as an adult, s/he also assumes the responsibility for his/her performance in the Academy, attendance, and compliance with Academy rules.
Administrators, counselors, and teachers shall not provide a supporting affidavit for students who have petitioned the court to grant them the status of emancipated minors unless prior approval has been obtained from the School Leader.
Parents also have the right to know about their student's educational experience, emancipated or not. Specific rights are listed in topic areas of these policies.
In addition, parents have the right to inspect any instructional materials used as part of the educational curriculum for their student. Instructional materials means instructional content, regardless of format, provided to the student, including printed or representational materials, audio-visual materials, and materials available in electronic or digital formats (such as materials accessible through the Internet). Instructional material does not include academic tests or academic assessments.
The ESP, in consultation with parents, shall develop a procedure addressing the rights of parents and procedures, assuring timely response to parental requests to review instructional material. The procedure shall also address reasonable notification to parents and students of their rights to review these materials.
This policy shall not supersede any rights under the Family Education Rights and Privacy Act.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5830 - page 197
STUDENT FUNDRAISING
The Board acknowledges the solicitation of funds from students must be limited, because a student is a "captive donor" due to compulsory attendance laws and because solicitations disrupt the program of the Academy.
For purposes of this policy student fundraising shall include the solicitation and collection of money from students for any purpose and the collection of money in exchange for tickets, papers, or any other goods or services for approved student activities. "Student fundraising" also includes giving away goods or services, but suggesting a monetary donation.
The Board will permit student fundraising by students in the Academy, on school property, or at any school sponsored event only when the profit is to be used for school purposes or for an activity connected with the Academy.
Fundraising by approved Academy organizations (with funds managed by the Academy) may be permitted in the Academy by the School Leader. Such fundraising off school grounds may also be permitted by the School Leader. For any fundraisers, including those operated by student clubs and organizations, parent groups, or boosters clubs, that involved the sale of food items and/or beverages to students that will be consumed on the school campus (any area of property under the jurisdiction of the school that is accessible to students during the school day) during the school day (the period from the midnight before, to thirty (30) minutes after the end of the official school day), the food items and/or beverages to be sold shall comply with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition standards, and also be consistent with requirements set forth in Policy 8500—Food Services.
Fundraising by students on behalf of school-related organizations (with funds not managed by the Academy) may be permitted on school grounds by the ESP. All other fundraising shall be done in accordance with Board Policy 9700.
The ESP shall establish Administrative Procedures for the solicitation of funds which shall accomplish the following:
A. specify the times and places in which funds may be collected;
B. describe permitted methods of solicitation, without placing undue pressure on students;
C. limit the kind and amount of advertising for solicitation;
D. ensure proper distribution or liquidation of monies remaining in a student activity account when the organization is defunct or disbanded; and
E. limit the number of fundraising events.
The School Leader shall distribute this policy and the procedures that implement it to each organization granted permission to solicit funds.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5850 - page 198
SOCIAL EVENTS
Reference: AC Rule 340.241 et. seq.
The Board recognizes the value of student social events to enhance and enrich the educational experience for the children of this community.
The Board will make Academy facilities available and provide appropriate staff for the conduct of social events within the Academy facilities as approved.
Academy social events taking place outside school facilities must be approved by the Board or its designee.
As voluntary participants in Academy social events, students shall be held responsible for compliance with the rules set forth for their conduct. Infractions of those rules will be subject to the same disciplinary measures applicable during the regular school program.
Participation in Academy events is not a right and may be denied to any student who has demonstrated disregard for the rules of the Academy.
The ESP shall develop Administrative Procedures for the conduct of student social events which shall include the following:
A. designation of a staff member to be the employee responsible for the event;
B. provision for chaperonage, adult supervision, and/or police protection required by the circumstances of the event;
C. provisions for the safety of all students and adults involved.
BOARD OF DIRECTORS STUDENTS THE NEW STANDARD 5895 - page 199
STUDENT EMPLOYMENT
The Board believes that attendance at Academy should occupy a student's full attention and should take precedence over non-school related employment.
If a student must work while attending the Academy, s/he should receive counseling and assistance in seeking appropriate job opportunities and in correlating work schedules with studies and activities.
The ESP shall prepare Administrative Procedures that will ensure all students employed in outof-school jobs are closely monitored by staff regarding school attendance and achievement to determine the effects on school performance of the student's out-of-school work commitments.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6000 - page 200
6000 FINANCES
6107 Authorization To Accept And Distribute Electronic Records And To Use Electronic Signatures (BP) .................................. 202
6110 Grant Funds (BP) ..................................................................................... 203
6146 Post-Issuance Compliance For Tax-Exempt And TaxAdvantaged Obligations (BP) .................................................................. 206
6151 Bad Checks (BP) ...................................................................................... 209
6152 Student Fees, Fines, and Supplies (BP) ................................................. 210
6210 Fiscal Planning (BP)................................................................................. 212
6220 Budget Preparation (BP) .......................................................................... 213
6230 Budget Hearing (BP) ................................................................................ 214
6231 Budget Implementation (BP) ................................................................... 215
6320 Purchasing (L) .......................................................................................... 216
6321 New School Construction, Renovation (L) ............................................. 219
6350 Prevailing Wage Coordinator .................................................................. 221
6420 Conflict of Interest - Legal Counsel, Advisors, or Consultants (L) ......................................................................................... 222
6423 Use of Credit/Debit Cards (BP) ................................................................ 223
6440 Cooperative Purchasing (BP) .................................................................. 224
6460 Vendor Relations (BP) ............................................................................. 225
6470 Payment of Claims (BP) ........................................................................... 226
6550 Travel Payment & Reimbursement (BP) ................................................. 227
6620 Petty Cash (BP) ........................................................................................ 228
6670 Trust And Agency Fund (BP) .................................................................. 229
6680 Recognition (BP) ...................................................................................... 230
6700 Fair Labor Standards Act (FLSA) (L) ...................................................... 231
6800 System of Accounting (BP) ..................................................................... 232
6850 Public Disclosure and Reporting (L) ....................................................... 234
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6000 - page 201
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6107 - page 202
AUTHORIZATION TO ACCEPT AND DISTRIBUTE ELECTRONIC RECORDS AND TO USE ELECTRONIC SIGNATURES
Reference: 15 U.S.C. 7001 et seq MCL 450.831-450.849
Unless a provision of law specifically prohibits the use of an electronic record for the specified purpose, the Board authorizes the acceptance and distribution/transmission of electronic records and electronic signatures to and from Academy staff and other persons, as well as between Academy staff members. The Board further authorizes Academy staff to create, generate, send, communicate, receive, store, process, use, and rely upon electronic records and electronic signatures.
The ESP is authorized to develop administrative guidelines concerning the acceptance and distribution/transmission of electronic records and electronic signatures. After giving due consideration to security, the ESP may specify the following:
A. The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes.
B. If electronic records must be signed by electronic means, the type of electronic signature that is required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by any third party used by a person filing a document to facilitate the process.
C. Control processes and procedures as appropriate to provide for adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
D. Any other required attributes for electronic records that are specified for nonelectronic records or reasonably necessary under the circumstances.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6110 - page 203
GRANT FUNDS
Reference: Compliance Supplement for Single Audits of State and Local Governments 20 U.S.C. 7906
It is the objective of the Board to provide equal educational opportunities for all students at the Academy. Government agencies, as well as foundations, businesses, and individuals, periodically offer both human and material resources to the Academy that would benefit students and the educational program. Therefore, it is the intent of the Board to consider grant proposals and applications for their potential to enhance educational opportunities, the educational environment, and the physical and mental growth for each student.
The ESP shall review new Federal education legislation and prepare proposals for programs s/he deems would be of aid to the students of the Academy. The Board shall approve all grants resulting from such proposals.
The Board regards available Federal funds of aid to local school districts and communities as a public trust. It forbids the use of Federal monies for partisan political activities and for any use that would not be in accord with Federal guidelines on discrimination.
No Federal funds received by the Academy shall be used (1) to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual activity, whether homosexual or heterosexual; (2) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; (3) to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence; or (4) to operate a program of contraceptive distribution in schools.
Grant Proposal Development
A. All grant proposals must support at least one (1) Academy goal or priority.
B. For projects where grant funds will not cover the entire cost of project implementation, additional fund sources must be identified, documented, and approved during the internal review process.
Grant Proposal Internal Review
A. Each grant proposal shall be reviewed and approved by the Board prior to submission to the funding source.
B. The ESP shall present proposals to the Board for approval if the proposal is government-funded, regardless of the amount.
Grant Administration
A. The administration of grants will adhere to all applicable Federal, State, and grantor rules and regulations as well as Academy policies and administrative procedures/guidelines.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6110 - page 204
B. The ESP is responsible for the efficient and effective administration of grant awards through the application of sound management practices.
C. The ESP is responsible for administering grant funds in a manner consistent with underlying agreements, program objectives, and the terms and conditions of the grant award.
D. The Academy, in recognition of its unique combination of staff, facilities, and experience, shall employ the organizational and management strategies necessary to assure proper and efficient administration of grant awards.
E. All Federal funds received by the Academy will be used in accordance with the applicable Federal law. The ESP shall require that each draw of Federal monies is as close as administratively feasible to the related program expenditures and that, when restricted, such monies are used to supplement programs and funding and not to supplant or replace existing programming or current funding.
F. The ESP is authorized to sign related documents for grant administration, including documents required for submittal of grant proposals.
G. Written amendments requiring signature shall be presented to the Board for approval.
H. Employee positions established through the use of grant funding shall terminate if and when the related grant funding ceases.
I. Program reports including but not limited to audit, site visits and final reports shall be submitted to the ESP for review and distribution to appropriate parties.
Fiscal Management
The financial management of grant funds shall be in compliance with all applicable Federal, State, and grantor rules, regulations, and assurances as well as Academy policies and administrative procedures/guidelines.
The ESP shall provide for the following:
A. Accurate, current, and complete disclosure of the financial results of each Federally-sponsored project in accordance with the reporting requirements of the grant.
B. Effective control over and accountability for all funds, property, and other assets in their use solely for authorized purposes.
C. Recordkeeping and written procedures as may be required by Federal, State, and grantor rules and regulations pertaining to the grant award and accountability, including such provisions as may be applicable as cost sharing and matching requirements, budget revisions, audit requirements, reasonableness, allocability, and allowability of costs, procurement, property management and disposition, and payment/repayment requirements.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6110 - page 205
D. Insurance coverage for real property and equipment, if applicable, equivalent to such property owned by the Academy.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6146 - page 206
POST-ISSUANCE COMPLIANCE FOR TAX-EXEMPT AND TAX-ADVANTAGED OBLIGATIONS
Reference: Internal Revenue Code of 1986, as amended Treasury Regulations SEC Rule 15c2-12
The Board may, from time to time, finance its capital improvements and operations through the issuance of debt obligations that are eligible for tax benefits under the Internal Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder ("Treasury Regulations"). Such obligations may include tax exempt obligations and/or obligations eligible for tax credits (direct subsidies to the School District or tax credits to bond owners). All such taxexempt obligations or tax advantaged obligations are referred to herein as "Obligations," whether in the form of general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, lease-purchase obligations, installment-purchase obligations or otherwise.
The Board recognizes that compliance with applicable provisions of the Code and Treasury Regulations is an on-going process, necessary during the entire term of the Obligations, and is an integral component of the Academy's debt management. Accordingly, the analysis of those facts and implementation of this Policy and Administrative Procedures will require on-going monitoring and consultation with an attorney experienced in legal work relating to the issuance of tax-exempt obligations or tax advantaged obligations ("Bond Counsel") and the Academy's accountants.
A. Investment and Expenditure of Proceeds
The Academy's system of internal controls and accounting will be capable of tracking the investment and expenditure of proceeds of Obligations and other amounts subject to special requirements, and the allocation of such proceeds and other amounts to Academy facilities. Appropriate coding will be developed to identify Academy facilities (or portions thereof) financed or refinanced by Obligations. Such Administrative Procedures will ensure that such proceeds are expended only for the purposes authorized by the resolution and, as applicable, referendum, pursuant to which such Obligations were issued and in compliance with the Tax Certificate relating to the Obligations or other instructions of Bond Counsel.
B. Financed Facilities
The Academy will track the use of facilities (or portions thereof) financed or refinanced by Obligations in the private trades or businesses of non-governmental persons. Arrangements for the sale, disposition, lease, sublease, management or other use of more than 1% of facilities financed or refinanced by Obligations with a term of (i) less than 200 days will be subject to prior review and approval by the Board, and (ii) equal to or greater than 200 days will be subject to prior review and approval by the Board and Bond Counsel. The ESP will track the aggregate annual private use (if any) of facilities financed or refinanced by Obligations.
C. Periodic Review The Academy will periodically review compliance with the requirements of the Code and Treasury Regulations necessary to preserve the tax advantages of such
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6146 - page 207
Obligations. Such reviews will include final allocations of proceeds not later than 18 months after completion of facilities financed or refinanced with proceeds of Obligations and annual reviews to ensure private business use of such facilities does not exceed allowable levels. Such annual review will be conducted in connection with the preparation of the Academy's audited financial statements.
D. Potential Non-Compliance
If the Board, upon any annual review or otherwise, discovers non-compliance with any requirements of the Code or Treasury Regulations necessary to preserve the tax advantages of such Obligations, the Board will, after consultation with the Academy's attorney and Bond Counsel, take necessary actions to remedy any such non-compliance.
E. Retention of Professionals; Rebate Analyst
The Academy will engage such professionals or consultants as are necessary, in the judgment of the ESP, to ensure that the requirements of the Code and Treasury Regulations necessary to preserve the tax advantages of such Obligations are timely met, including, without limitation, the requirement to compute and pay rebatable arbitrage to the United States government or to confirm an exception thereto. The ESP will ensure that all information reports or other returns or filings with the United States Department of Treasury or Internal Revenue Service timely will be filed on behalf of the Academy.
F. Purchase of Investments
All investments of the proceeds of Obligations will be purchased at fair market value, as defined in the Code and Treasury Regulations, and will comply with the requirements of the Code and Treasury Regulations relating to yield restriction as advised by Bond Counsel.
G. Credit Enhancement Transactions
The ESP will consult with Bond Counsel prior to engaging in any post-issuance credit enhancement transactions (i.e., bond insurance or letters of credit) or hedging transactions (i.e., interest rate swaps, caps, etc.) relating to any Obligation.
H. Subsidy Payments
The ESP will implement proper Administrative Procedures to ensure that any federal subsidy payable in respect of any direct-pay tax credit bonds is timely transmitted to the appropriate account of the Academy including the timely filing of any required return or other documentation. I. Post-Issuance Modifications
The ESP will consult with Bond Counsel prior to any modification of the interest rate, maturity date, or other material terms of any Obligation.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6146 - page 208
J. Records Retention
The Academy will retain records sufficient to demonstrate compliance with the requirements of the Code and Treasury Regulations necessary to preserve the tax advantages of such Obligations for the period required by law, presently understood to be the life of the Obligations or any succeeding refunding Obligation plus three (3) years.
K. Continuing Disclosure
The ESP will implement proper Administrative Procedures to ensure that the Academy complies with any undertakings to provide continuing disclosure in accordance with the Rule, including annual filing of operating and financial information and notices of listed "material events."
L. Training and Education
The Board authorizes the ESP and any other person assigned responsibilities under this Policy and the Administrative Procedures/Guidelines to attend educational seminars and conferences providing training and education on postissuance compliance issues at least once a year and will pay the authorized expenses of such person.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6151 - page 209
BAD CHECKS
When the Academy receives a check from a student or parent that, when deposited, is returned marked "insufficient funds," the ESP shall provide an opportunity for the payer to make proper payment or to arrange for a satisfactory payment schedule. If payment is not received within 90 days, the payment schedule is not adhered to, or the monies do not appear to be collectable, the Board authorizes the ESP to remove the fee or charge from the Academy's Accounts Receivable and to take appropriate action against the student and/or the parents.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6152 - page 210
STUDENT FEES, FINES, AND SUPPLIES
Reference: MCL 388.1904 [Suggested/Referred to, but not required]
Fees
The Board may assess certain fees to pay the costs for extra-curricular and noncredit activities. Such fees might be made for expendable items such as magazines, workbook materials, paperback selections, laboratory supplies, materials for clubs, independent study or special projects, transportation costs, and admission/participation fees for school-sponsored trips and activities.
If an eligible student enrolled in an eligible course offered by a career and technical preparation program does not complete the course, other than for reasons related to a family or medical emergency, the student shall repay to the Academy any funds expended by the Academy for the course that are not refunded by the career and technical preparation program, and may also be subject to such sanctions as are provided for in procedures prepared by the Academy administration.
No student, however, shall be deprived of participation in any mandatory school activity or required curriculum activity due to a lack of financial ability to pay. Fees will not be charged for such activities. Extra-curricular activities for which fees will be charged may not be used in determining credit or grades in any course.
A fee shall not exceed the combined cost of the service(s) provided and/or materials used. An accurate accounting of all fees collected and all fees expended shall be provided to the School Leader (or his/her designee) for each fee-based activity, at the conclusion of the activity, along with a record of the remission of any fees not expended.
Fines
When Academy property, equipment, or supplies are damaged, lost, or taken by a student, whether in a regular course or extra-curricular offering, a fine will be assessed. The fine will be reasonable, seeking only to compensate the Academy for the expense or loss incurred.
The late return of borrowed books or materials from the Academy libraries will be subject to appropriate fines. Failure to pay the fines may result in loss of privileges.
Any fees or fines collected by members of the staff are to be given to the School Leader, or designee within twenty-four (24) hours after collection.
In the event the above course of action does not result in the collection of the fee or fine, the Board authorizes the ESP to take the student and/or his/her parents to Small Claims Court for collection.
Supplies
The Academy will provide all basic supplies needed by the student to complete the required course curriculum. The student and/or his/her family may choose to purchase their own supplies if they desire to have a greater quantity or quality of supplies, or to conserve the limited resources for use by others. The teacher or appropriate administrator may recommend useful supplies.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6152 - page 211
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6210 - page 212
FISCAL PLANNING
The Board shall collect and assemble the information necessary to discharge its responsibility for the fiscal management of the Academy and shall plan for the financial needs of the educational program. The Board will strive to maintain both short and long range projections of the Academy's financial requirements.
Accordingly, the Board directs the ESP to accomplish the following:
A. prepare a long range plan for the cost of maintaining the alignment of the Academy's curriculum with the Michigan Curriculum Frameworks, including the costs of textbooks, computer software, computer replacement, and professional development;
B. include cost estimates in all ongoing financial requirements;
C. prepare a long range, year-by-year plan for the maintenance and replacement of facilities and equipment;
D. report to the Board any serious financial implications that emerge from the Academy's ongoing fiscal planning.
In addition, the Board directs the ESP to maintain annually a detailed two (2) year forecast of estimated expenditures and revenues.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6220 - page 213
BUDGET PREPARATION
Reference: MCL 141.434 et. seq.
The Academy's operational and educational plans are reflected in its budgets. Each year, the Board will have prepared, then review and approve the following Fund budgets:
A. General Fund
B. School Service Fund
Each budget shall be designed to carry out Academy operations in a thorough and efficient manner, to maintain Academy facilities properly, and to honor the continuing obligations of the Board.
The Board shall ensure that adequate funds are reserved for the General Fund to maintain a secure financial position whereby the fund equity shall not fall below 5.00% of the preceding year's expenditures.
A proposed budget requires the critical analysis of every member of the Board prior to approval. Once adopted, the budget deserves the support of all members of the Board, regardless of their position before its adoption.
The Board directs the ESP to present the budgets to the Board, along with all available information associated with each budget, in sufficient time to allow for proper analysis and discussion prior to the budget hearing.
When presented to the Board for review and/or adoption, the information shall include the following items, as appropriate:
A. the number and category of staff members for the current and the ensuing year;
B. the proposed expenditure and revenue in each financial category for the ensuing year;
C. the anticipated expenditure and revenue in each financial category for the current year;
D. the actual expenditure, the approved budget, and the revenue in each financial category for the previous year;
E. an estimate of the student enrollment by grades for the ensuing year;
F. the amount of fund equity anticipated at the end of the current year;
G. an appropriations resolution.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6230 - page 214
BUDGET HEARING
Reference: MCL 141.411 et. seq.
The annual budget adopted by the Board represents the Board's position on the allocation of resources required to operate an appropriate system of education. All reasonable means shall be employed by the Board to present and explain that position to all interested parties. The public budget hearing will be conducted in accordance with law.
Each member of the ESP shall be sufficiently acquainted with the budget and its underlying purposes to answer questions from members of the public.
The budget approved by this Board will be made available to the public in the form and places required by law. A simplified form of the budget may also be prepared annually and may be sent to appropriate parties and/or distributed to persons attending the annual budget hearing.
A simplified budget may include the expenditures and the anticipated receipts in each major category for the current and the coming years. Such a budget may also provide a brief explanation of significant increases and decreases from the previous year.
The final adoption of the proposed annual budget shall be made by the Board after completion of the public hearing, but in no case later than June 30th.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6231 - page 215
BUDGET IMPLEMENTATION
Reference: MCL 141.436 et. seq.
The Board places the responsibility of administering the budget, once adopted, with the School Leader. As the budget is being implemented, the School Leader shall keep the Board informed regarding budgetary problems or concerns.
The ESP shall be authorized to proceed with financial commitments, purchases, and other expenditures, within the limits provided in the budget, stated in Board policies, and expressed in State statutes.
Lists of expenditures, appropriate financial reports, and budget comparison reports shall be submitted monthly to the Board to keep members informed as to the status of the budget and overall financial condition of the Academy.
During the fiscal year, if the ESP deems that actual revenues are less than estimated revenues (including the available equity upon which the appropriations from the fund were based), the ESP shall recommend to the Board amendments to the General Appropriations Act in order to prevent expenditures from exceeding revenues.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6320 - page 216
PURCHASING
Reference: MCL 380.1267, 380.1274 et seq.
Each year the State of Michigan informs the School of the legal amount for purchases which require a formal bidding process of a single item.
It is the policy of the Board that the ESP adhere to the following:
A. Seek informal price quotations on purchases that are under 50 percent of the amount allowed by State statute for a single item, except in cases of emergency or when the materials purchased are of such a nature that price negotiations would not result in a savings to the Academy.
B. When the purchase of, and contract for, single items of supplies, materials, or equipment is in excess of 50 percent but less than the amount allowed by State statute the ESP shall whenever possible, require three (3) competitive price quotations.
Purchases in a single transaction that are in excess of the dollar amount permitted by State statute shall require competitive bids and, whenever possible, have at least three (3) such bids for substantiation of purchase and shall require approval of the Board prior to purchase.
Competitive bids are not required for items purchased through the cooperative bulk purchasing program operated by the Michigan Department of Management and Budget pursuant to MCL 18.1263.
Competitive bids are not required for food purchases, unless food purchased in a single transaction costs $100,000 or more.
Bids shall be sealed and shall be opened by the Lunch Director in the presence of at least one (1) witness. All orders or contracts should be awarded to the lowest responsible bidder; however, consideration can be given to:
A. the quality of the item(s) to be supplied;
B. its conformity with specifications;
C. suitability to the requirements of the Academy;
D. delivery terms;
E. past performance of vendor.
In addition to the factors above, the Board may consider and provide a preference to bidders which use a Michigan-based business as the primary contractor or which use one (1) or more Michigan-based business as subcontractors.
For purposes of this preference a Michigan-based business means a business that would qualify for a Michigan preference for procurement contracts under MCL 18.1268, which requires that the
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6320 - page 217
businesses certify that since inception or during the last twelve (12) months it has done one of the following:
A. have filed a Michigan business tax return showing an allocation of income tax base to Michigan;
B. have filed a Michigan income tax return showing income generated in or attributed to Michigan; or
C. withheld Michigan income tax from compensation paid to the bidder's owners and remitted the tax to the Michigan Department of Treasury.
This preference shall not apply to any procurement or project using Federal funds, nor shall it be used if it would violate any Federal law or requirements. The Board reserves the right to reject any and all bids.
The Board shall be informed of the terms and conditions of all competitive bids and shall award contracts as a consequence of such bids.
The ESP is authorized to purchase all items within budget allocations.
The Board should be advised, for prior approval, of all purchases of equipment, materials, and services when the purchase was not contemplated during the budgeting process.
The ESP is authorized to make emergency purchases, without prior approval, of those goods and/or services needed to keep the school in operation. Such purchases shall be brought to the Board's attention at the next regular meeting.
In order to promote efficiency and economy in the operation of the school, the Board requires that the ESP periodically estimate requirements for standard items or classes of items and make quantity purchases on a bid basis to procure the lowest cost consistent with good quality.
Whenever storage facilities or other conditions make it impractical to receive total delivery at any one time, the total quantity to be shipped but with staggered delivery dates, shall be made a part of the bid specifications.
Before placing a purchase order, the ESP shall check as to whether the proposed purchase is subject to bid, whether sufficient funds exist in the budget, and whether the material might be available elsewhere in the school. All purchase orders shall be numbered consecutively.
In the interests of economy, fairness, and efficiency in its business dealings, the Board requires that:
A. opportunity be provided to as many responsible suppliers as possible to do business with the Academy;
B. a prompt and courteous reception, insofar as conditions permit, be given to all who call on legitimate business matters;
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6320 - page 218
C. where the requisitioner has recommended a supplier, the ESP may make alternate suggestions to the requisitioner if, in his/her judgment, better service, delivery, economy, or utility can be achieved by changing the proposed order;
D. upon the placement of a purchase order, the ESP shall commit the expenditure against a specific line item to guard against the creation of liabilities in excess of appropriations.
The ESP shall determine the amount of purchase which shall be allowed without a properly signed purchase order. Employees may be held personally responsible for anything purchased without a properly signed purchase order or authorization.
The Board may acquire office equipment as defined in law by lease, by installment payments, by entering into lease-purchase agreements, or by lease with an option to purchase, provided the contract sets forth the terms of such a purchase.
Procurement – Federal Grants
The ESP shall maintain a procurement and contract administration system in accordance with the USDOE requirements (34 CFR 80.36) for the administration and management of Federal grants and federally-funded programs. The Academy shall maintain a compliance system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall conform to the provisions of this policy and administrative guidelines (AG 6320).
[NOTE: The intent of the purchasing policy is to establish several levels at which purchasing can occur and to determine at what level Board involvement is required, when it is necessary to get a simple "quote" and when the "competitive bid" procedure required.]
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6321 - page 219
NEW SCHOOL CONSTRUCTION, RENOVATION
Reference: MCL 380.1267
Before beginning construction of a new school building, or an addition, repair or renovation of an existing school building, except emergency repairs, the Board, shall obtain competitive bids on all the material and labor required for the complete construction of a proposed new building or addition to or repair or renovation of an existing school building which exceeds the State statutory limit ($20,959 for 2009).
This policy does not apply to buildings, renovations, or repairs costing less than the statutory limit or to repair work normally performed by school employees.
The Board shall advertise for the bids required under subsection:
A. By placing an advertisement for bids at least once in a newspaper of general circulation in the area where the building or addition is to be constructed or where the repair or renovation of an existing building is to take place and by posting an advertisement for bids for at least two (2) weeks on the Department of Management and Budget website on a page on the website maintained for this purpose or on a website maintained by a school organization and designated by the Department of Management and Budget for this purpose.
B. By submitting the request for bids for placement on the Michigan Department of Management and Budget's website for school organizations, including a link to the Academy's website.
C. The advertisement for bids shall do all of the following:
1. specify the date and time by which all bids must be received by the Board at a designated location;
2. state that the Board will not consider or accept a bid received after the date and time specified for bid submission;
3. identify the time, date, and place of a public meeting at which the Board or its designee will open and read aloud each bid received by the Board by the date and time specified in advertisement;
4. state that the bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Board or the ESP of the Academy. A Board shall not accept a bid that does not include this sworn and notarized disclosure statement.
D. The Board shall require each bidder for a contract under this policy, to file with the Board security in an amount not less than 1/20 of the amount of the bid conditioned to secure the Academy from loss or damage by reason of the withdrawal of the bid or by the failure of the bidder to enter a contract for performance, if the bid is accepted by the Board.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6321 - page 220
E. The Board shall not open, consider, or accept a bid that the Board receives after the date and time specified for bid submission in the advertisement for bids as described in subsection C of this policy.
F. At a public meeting identified in the advertisement for bids described in subsection C of this policy, the Board or its designee shall open and read aloud each bid that the Board received at or before the time and date for bid submission specified in the advertisement for bids. The Board may reject any or all bids, and if all bids are rejected, shall re-advertise in the manner required by this policy.
G. The Board may consider and provide a preference to bidders which use a Michigan-based business as the primary contractor or which use one (1) or more Michigan-based business as subcontractors.
For purposes of this preference a Michigan-based business means a business that would qualify for a Michigan preference for procurement contracts under M.C.L.A. 18.1268, which requires that the businesses certify that since inception or during the last twelve (12) months it has done one of the following:
1. have filed a Michigan business tax return showing an allocation of income tax base to Michigan;
2. have filed a Michigan income tax return showing income generated in or attributed to Michigan;
3. withheld Michigan income tax from compensation paid to the bidder's owners and remitted the tax to the Michigan Department of Treasury; or
This preference shall not apply to any procurement or project using Federal funds, nor shall it be used if it would violate any Federal law or requirements.
H. The competitive bid threshold amount specified in this policy ($20,959 for 2009) is adjusted each year by multiplying the amount for the immediately preceding year by the percentage by which the average consumer price index for all items for the twelve (12) months ending August 31st of the year in which the adjustment is made differs from that index's average for the twelve (12) months ending on August 31st of the immediately preceding year and adding that product to the maximum amount that applied in the immediately preceding year, rounding to the nearest whole dollar. The current exempt amount must be confirmed with the Michigan Department of Education prior to issuing contracts for construction, renovation, or repair which exceed the amount listed in this policy.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6350 - page 221
PREVAILING WAGE COORDINATOR
Reference: MCL 408.551 et. seq.
The purpose of this policy is to comply with State and Federal regulations concerning the prevailing wage rate. The Wage and Hour Division of the Michigan Department of Consumer and Industry Services will determine the prevailing wage rate in the locality where the work is to be performed. The ESP shall serve as the Prevailing Wage Coordinator for the Academy.
The Prevailing Wage Coordinator will submit to the Board, for its approval, procedures for monitoring compliance with prevailing wage laws. S/he will request the Wage and Hour Division of the Michigan Department of Consumer and Industry Services to establish the prevailing wage rate in the Academy for school construction or renovation projects. A schedule of those wages must be attached to the specifications for the work, and printed on any bidding blanks. A copy of the bidding blank must be filed with the Wage and Hour Division of the Michigan Department of Consumer and Industry Services prior to awarding any contract. Thereafter, any contract awarded must include a provision that each laborer, workman, or mechanic employed by the contractor be paid at a rate not less than the prevailing wage rate. On the first pay date, the contractors and subcontractors must provide each employee with written notification of his/her job classification and the prevailing wage rate for his/her job classification, unless the employee is covered by a collective bargaining agreement.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6420 - page 222
CONFLICT OF INTEREST - LEGAL COUNSEL, ADVISORS, OR CONSULTANTS
Reference: MCL 380.1203
A person serving as the legal counsel to the Academy or otherwise acting as an advisor or consultant to the Board, who believes or has reason to believe that the s/he has a conflict of interest with regard to a contract or other financial transaction that requires the approval of the Board shall disclose the conflict of interest to the Board before the vote on the contract or other financial transaction.
Such a person is presumed to have conflict of interest if the person or his/her family member has financial interest, or a competing financial interest in the contract or other financial transaction under consideration by the Board.
"Family member" means a person's spouse or spouse's sibling or child; a person's sibling or sibling's spouse or child; a person's child or child's spouse; or a person's parent or parent's spouse; and includes these relationships as created by adoption or marriage.
Having a child in the Academy does not alone constitute a conflict of interest or financial interest in a contract or other financial transaction of the Academy.
See Bylaw 0144.3
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6423 - page 223
USE OF CREDIT/DEBIT CARDS
The Board recognizes the value of an efficient method of payment and recordkeeping for certain expenses.
The Board, therefore, authorizes the use of Academy credit/debit cards. The authorization, handling, and use of credit/debit cards have been established to provide a convenient and efficient means to purchase goods and services. Credit/Debit cards, however, shall not be used in order to circumvent the general purchasing procedures established by State law and Board policy. The Board affirms credit/debit cards shall be used only for those expenditures incurred for Boardapproved or Academy-related activities or for those expenditures that serve the benefit of the Academy and a valid public purpose. Under no circumstances shall credit/debit cards be used for personal purchases or the purchase of alcoholic beverages, even if the purchase of such beverages is made in connection with a meal.
The ESP shall develop Administrative Procedures that specify persons authorized to use Academy credit/debit cards, the types of expenses that can be paid by credit/debit cards, and the proper supervision and use of such cards. Inappropriate or illegal use of the credit/debit card and/or failure to strictly comply with the limitations and requirements set forth in the Administrative Procedures may result in a loss of credit/debit card privileges; disciplinary action, up to, and including, termination; personal responsibility to reimburse any and all inappropriate charges (including finance charges and interest) assessed in connection with the purchase; and/or possible referral to law enforcement authorities for prosecution.
The ESP shall annually request the Board to approve the position titles authorized to use Academy credit/debit cards in the conduct of Academy business.
The ESP shall be responsible for supervising and giving direction to employees authorized to use Academy credit/debit cards.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6440 - page 224
COOPERATIVE PURCHASING
Reference: MCL 124.1 et. seq.
The Board recognizes the advantages of centralized purchasing since buying in volume tends to maximize value for each dollar spent. The Board, therefore, encourages the ESP to seek advantages in savings that may accrue to the Academy through joint agreements with the governing body of other governmental units for the purchase of supplies, equipment, or services.
The Board authorizes the ESP to negotiate joint purchase agreements with governmental contracting units for services, supplies, and equipment required from time to time by the Board, which the Board may otherwise lawfully purchase for itself. Such purchase agreements must be in accordance with State law, the policies of this Board, and the dictates of sound purchasing procedures.
Cooperative or joint purchases require an agreement, approved by the Board and the participating contracting body, that specifies the categories of equipment and supplies to be purchased; the manner of advertising for bids and of awarding contracts; the method of payment by each participating party; and such other matters as may be deemed necessary to carry out the purposes of the agreement. Such agreements are subject to all legal bidding requirements.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6460 - page 225
VENDOR RELATIONS
Reference: MCL 15.321 et. seq.
Neither the Board nor the ESP shall knowingly enter a contract with any supplier of goods or services with which any Board member or officer, staff member, or agent of the Academy has any financial or beneficial interest (direct or indirect), unless that person has neither solicited the contract nor participated in the negotiations leading up to the contract. This prohibition shall not prevent any person from receiving royalties upon the sale of any textbook that s/he has authored and/or that has been approved for use in the Academy.
For the purpose of this policy beneficial interest shall be determined in accordance with MCL 15.321 et seq.
Board members and ESP personnel shall not accept any gifts or favors from vendors that might influence the eventual purchase of equipment, supplies, or services.
All sales persons, regardless of product, shall register with the School Leader's office before contacting any teachers, students, or other personnel of the Academy. Purchasing personnel shall not show any favoritism to any vendor. In accordance with the policies of the Board, each order shall be placed on the basis of quality, price, and delivery (with past service a factor if all other considerations are equal).
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6470 - page 226
PAYMENT OF CLAIMS
Reference: MCL 380.1274
The Board directs the prompt payment of legitimate claims by suppliers of goods and services to the Academy.
Each bill or obligation of this Board must be fully itemized and verified before a warrant can be drawn for its payment.
When an invoice is received, the ESP shall verify the following: a voucher is submitted properly: acceptable goods were received or satisfactory services rendered; the expenditure is included in the Board's budget and funds are available for its payment; and the amount of the invoice is correct.
The ESP is authorized to approve electronic funds transfers (EFTs) in the completion of prompt payment of legitimate claims. Such payments shall comply with the provisions of Policy 6107 and Michigan Statute.
All payments shall be submitted for Board review in the form of a list, including the vendor's name; the number and amount of the payment check; and a description of the item.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6550 - page 227
TRAVEL PAYMENT & REIMBURSEMENT
Travel expenses incurred for official business travel on behalf of the Board shall be limited to those expenses necessarily incurred by the employee in the performance of a public purpose authorized, in advance, in accordance with administrative guidelines.
Payment and reimbursement rates for per diem meals, lodging, and mileage shall be approved by the Board annually. The Board shall establish mileage rates in accordance with the Federal IRS prescribed mileage rate.
Employees are expected to exercise the same care incurring travel expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Unauthorized costs and additional expenses incurred for personal preference or convenience will not be reimbursed.
Unauthorized expenses include but are not limited to alcohol, movies, fines for traffic violations, and the entertainment/meals/lodging of spouses or guests.
All travel shall comply with the travel procedures and rates established in the administrative guidelines.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6620 - page 228
PETTY CASH
The Board recognizes the convenience afforded the day-by-day operation of the Academy by the establishment of a petty cash fund. The Board shall require the imposition of such controls necessary to prevent possible abuse of this fund.
The ESP as custodian of the petty cash fund shall ensure that the funds in his/her care shall be disbursed only for minor expenditures not readily deferred. The petty cash fund may not be used to circumvent the purchasing procedures required by law and by the policies of this Board. A request for petty cash funds must be made in writing, must be signed by the person making the request, and must include appropriate supporting documentation. The petty cash box must be secured daily.
The custodian of the petty cash fund shall prepare a schedule of disbursements, when the funds available in petty cash have declined to less than twenty five percent (25%) of the full amount authorized, and shall show the disbursements by line account numbers. The custodian of the fund shall submit the schedule to the School Leader, with a voucher requesting replenishment of the same amount.
The petty cash fund will be closed out for audit at the end of each school year, and unused funds will be returned to the depository.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6670 - page 229
TRUST AND AGENCY FUND
The Board directs the establishment of a Trust and Agency Fund for the financial administration of scholarships and other trusts approved by the Board and operated for the benefit of students. The ESP shall be responsible for the administration of the Trust and Agency Fund. The Fund will be audited annually and administered under appropriate accounting controls. The books of account will record income and expenses separately for each approved area.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6680 - page 230
RECOGNITION
Reference: MCL 380.634
The purpose of this policy is to permit the Board to honor the school staff, former Board members, and other persons, with plaques, pins, token retirement gifts and awards, and other amenities.
Upon recommendation of the ESP, the Board may consider the presentation of token gifts to individuals and/or groups who have rendered service to the Academy.
Public funds under the control of the Academy may NOT be used to purchase alcoholic beverages, jewelry, gifts, fees for golf, or any item whose purchase or possession is illegal. Any such expenditure violates this policy.
Beginning January 1, 2005, the monetary amount for recognition awards will be adjusted annually by the State. On or before December 15th of each year, the State will, upon request, provide the adjusted limit or, if the index is unavailable, the State will provide a reasonable approximation.
The Board authorizes expenses incurred as listed above only when they serve a public purpose. Public purposes include, but are not limited to, the following: the promotion of education; rapport with the business community; community relations; and the encouragement of non-employees to serve as volunteers.
The funds shall be made available from General Fund.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6700 - page 231
FAIR LABOR STANDARDS ACT (FLSA)
Reference: 29 USC 201 et seq. 29 CFR Part 541
It is the Board’s policy to comply with the provisions of the Fair Labor Standards Act (FLSA) and its implementing regulations. The Board will pay at least the minimum wage required by the FLSA to all covered, non-exempt employees or the Board directs the ESP to fulfill all FLSA requirements in its hiring and compensation practices. Non-exempt employees are hourly employees or salaried employees who do not qualify for a professional, administrative, computer, or executive exemption under the FLSA. Teachers are generally exempt, even if they are paid on an hourly basis.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6800 - page 232
SYSTEM OF ACCOUNTING
Reference: MCL 41.422 et seq., 141.421 et seq. A.C. Rule R340.351 et seq. GASB #34 GASB #54
It is the policy of the Board that a chart of accounts be established in accordance with the requirements of the State Department of Education for the accounting of all Academy funds. The ESP is responsible for an accounting of all capital assets to protect the financial investment of the Academy against catastrophic loss. Further, theESP will establish procedures and regulations necessary to properly account for capital assets and comply with generally accepted accounting principles (GAAP) and ensure that the Academy's capital assets are properly insured.
The Academy's system of accounting shall comply with all requirements of the Governmental Accounting Standards Board, Statement No. 54 (GASB 54). In accordance with GASB 54, the Academy will report its fund balances in the following categories:
A. Nonspendable fund balance—amounts that are not in a spendable form (such as inventory) or are required to be maintained intact (such as the corpus of an endowment fund)
B. Restricted fund balance—amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation
C. Committed fund balance—amounts constrained to specific purposes by the Board; to be reported as committed, amounts cannot be used for any other purpose unless the Board takes action to remove or change the constraint
D. Assigned fund balance—amounts the Board intends to use for a specific purpose; intent can be expressed by the Board or by an official or committee to which the Board delegates the authority
E. Unassigned fund balance—amounts that are available for any purpose; these amounts are reported only in the general fund.
The Board authorizes the auditors and directs its ESP to take all steps necessary to comply with the requirements of GASB 54. All revenue and funds will be designated to one of the above categories.
The ESP shall be responsible for the proper accounting of all Academy funds. The ESP shall ensure that expenditures are budgeted under and charged against those accounts which most accurately describe the purpose for which such monies are to be or have been spent. Wherever appropriate and practicable, salaries of individual employees, expenditures for single pieces of equipment, and the like shall be prorated under the several accounts which most accurately describe the purposes for which such monies are to be or have been spent.
The Chief Financial Officer for the ESP is responsible to implement procedures and practices that will determine:
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6800 - page 233
A. Capitalization policies for Academy assets (i.e., which assets will be capitalized and depreciated over their estimated useful life versus which assets will be expensed in year of purchase);
B. Methods for calculating annual and accumulated depreciation expense for assets including estimates for asset lives, residual asset values, and depreciation methodology;
C. Procedures for recording gain or loss on sale of capital assets and proceeds from the sale of capital assets in compliance with GAAP Reporting of estimated cash values or replacement values to Academy insurance providers.
A report of the revenues and expenditures in the fund reporting categories established above shall be made to the Board on a monthly basis by the ESP.
The Board's annual financial statements will include information such as: 1) beginning and ending balances of capital assets; 2) beginning and ending balances of accumulated depreciation, 3) total depreciation expense for the fiscal year.
Such reporting shall include description of significant capital asset activity during the fiscal year including: acquisitions through purchase or donation, sales or dispositions including the proceeds and gains or losses on the sale, changes in methods of calculating depreciation expense or accumulated depreciation, such as, estimates of useful life, residual values, depreciation methodology (e.g. straight line or other method).
Before implementing procedures or changing procedures, the ESP will review the proposed procedure with the CPA appointed by the Board to conduct the Board's financial audit. The procedures established shall comply with all statutorily required standards and generally accepted accounting procedures.
The ESP shall promulgate Administrative Procedures to ensure the proper implementation of this policy in accordance with law.
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6850 - page 234
PUBLIC DISCLOSURE AND REPORTING
Reference: MCL 4.415, 388.1618, 388.1619, 388.1651a, 15.231 to 15.246, 380.1204a(1) 20 USC 6311
Within thirty (30) days after the Board adopts its annual operating budget for the following school fiscal year, or adopts a subsequent revision to that budget, the Academy shall make all of the following available through a link on its Web site home page in a form and manner prescribed by the State Department of Education:
A. the annual operating budget and subsequent budget revisions
B. using data that have already been collected and submitted to the department, a summary of Academy expenditures for the most recent fiscal year for which they are available, expressed in the following two (2) pie charts:
1. a chart of personnel expenditures, broken into the following subcategories:
a. salaries and wages
b. employee benefit costs, including, but not limited to, medical, dental, vision, life, disability, and long-term care benefits
c. retirement benefit costs
d. all other personnel costs
2. a chart of all Academy expenditures, broken into the following subcategories:
a. instruction
b. support services
c. business and administration
d. operations and maintenance
3. links to all of the following:
a. the current collective bargaining agreement for each bargaining unit within the Academy
b. each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long-term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee in the Academy
c. the audit report of the audit for the most recent fiscal year for which it is available
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6850 - page 235
d. the total salary and a description and cost of each fringe benefit included in the compensation package for the School Leader of the Academy and for each employee of the school whose salary exceeds $100,000.00
e. the annual amount spent on dues paid to associations
f. the annual amount spent on lobbying or lobbying services
As used in this subdivision, "lobbying" means that term as defined in Section 5 of 1978 PA 472, MCL 4.415.
The Board shall have an audit of the Academy's financial and pupil accounting records conducted at least annually at the expense of the Academy.
The Academy's annual financial audit shall include an analysis of the financial and student accounting data used as the basis for distribution of State school aid. The student accounting records and reports, audits, and management letters are subject to requirements established in the auditing and accounting manuals approved and published by the State Department of Education.
Not later than 120 days after the end of each school fiscal year, the Academy shall file its annual financial audit report with all appropriate agencies.
The annual financial audit reports and student accounting procedures reports shall be available to the public in compliance with the Freedom of Information Act.
By November 15th of each year, the Academy shall submit to the Center for Educational Performance Information (CEPI), in a manner prescribed by the CEPI, annual comprehensive financial data consistent with accounting manuals and charts of accounts approved and published by the Department. This submission shall contain the Academy's web address where the required financial data is posted. The Academy shall also include a link on its websites to the website where the State Department of Education posts this financial information.
By September 30th of each year, the Academy shall file with the State Department of Education the special education actual cost report on a form and in a manner as prescribed by the State Department of Education.
The Academy shall provide to the State Department of Education an annual progress report on the implementation of school improvement plans, curriculum, and accreditation as required by "Public Act 25 of 1990."
The Academy shall comply with the reporting requirements under State and Federal law, including reports to the center for educational performance and information (CEPI), as set forth by State law and as directed by CEPI. This shall include by:
A. June 30th of each year, providing CEPI with information related to safety practices and criminal incidents;
B. the first business day in December and June 30th of each year, providing CEPI with requested information related to educational personnel;
BOARD OF DIRECTORS FINANCES THE NEW STANDARD 6850 - page 236
C. not later than five (5) weeks after the student membership count day, providing CEPI in a manner prescribed by the CEPI, the information necessary for the preparation of the high school graduation report;
D. October 7th of each year, providing CEPI with the transportation expenditure report.
The ESP shall ensure the proper implementation of the requirements of this policy and law through its Administrative Procedures.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7000 - page 237
7000 PROPERTY
7217 Weapons (L) ............................................................................................. 239
7230 Gifts, Grants, and Bequests (BP) ............................................................ 240
7310 Disposition Of Surplus Property (BP) ..................................................... 241
7410 Maintenance (BP) ..................................................................................... 242
7420 Hygienic Management (BP) ..................................................................... 243
7430 Safety Standards (BP) .............................................................................. 244
7434 Use of Tobacco on Academy Premises (L) ............................................ 245
7440 Facility Security (BP) ............................................................................... 247
7440.01 Video Surveillance and Electronic Monitoring (BP) ............................... 248
7450 Property Inventory (BP) ........................................................................... 251
7455 Accounting System for Fixed Assets (BP) ............................................. 252
7460 Conservation of Natural and Material Resources (BP) .......................... 254
7510 Use of Academy Facilities (BP) ............................................................... 255
7530 Lending of Academy-Owned Equipment (BP) ........................................ 256
7530.02 Staff Use of Personal Communication Devices (BP) ............................. 257
7540 Computer Technology and Networks (L) ................................................ 258
7540.01 Technology Privacy (BP) ......................................................................... 259
7540.02 Academy Web Page (BP) ......................................................................... 260
7540.03 Student Education Acceptable Use and Safety (L) ................................ 262
7540.04 Staff Network and Internet Acceptable Use and Safety (L) ................... 265
7540.05 Electronic Mail (BP) ................................................................................. 269
7540.07 Personal Internet Account Privacy - Students (L) ................................. 272
7540.08 Personal Internet Account Privacy – Staff (L) ........................................ 273
7541 Electronic Data Processing/Information System Disaster Recovery Plan (BP) .................................................................................. 275
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7000 - page 238
7542 Access To Academy Technology Resources From Personal Communication Devices (BP) .................................................. 276
7543 Remote Access To The Academy's Network (BP) ................................. 278
7545 Electronic Communications (BP) ............................................................ 280
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7217 - page 239
WEAPONS
Reference: 18 USC. 922 MCL. 28.425o 20 USC 4141(g)
The Board prohibits visitors from possessing, storing, making, or using a weapon in any setting that is under the control and supervision of the Board for the purpose of school activities approved and authorized by the Board including, but not limited to, property leased, owned, or contracted for by the Board, a school sponsored event, or in a Board-owned vehicle.
State law establishes a "Weapon-Free School Zone" that extends 1,000 feet from the boundary of any school property.
The term "weapon" means any object which, in the manner in which it is used, is intended to be used, or is represented, is capable of inflicting serious bodily harm or property damage, as well as endangering the health and safety of persons. Weapons include, but are not limited to, firearms, guns of any type, including air and gas powered guns, (whether loaded or unloaded), knives, razors, clubs, electric weapons, metallic knuckles, martial arts weapons, ammunition, and explosives.
The School Leader shall refer a visitor who violates this policy to law enforcement officials and may take any necessary steps to exclude the visitor from Board property and Board-sponsored events.
Exceptions to this policy include:
A. weapons under the control of law enforcement personnel.
These restrictions shall not apply in the following circumstances to persons who are properly licensed to carry a concealed weapon:
A. A parent or legal guardian of a student of the Academy, may carry a concealed weapon while in a vehicle on school property, if s/he is dropping the student off at the school or picking up the child from the school.
B. A county corrections officer, a member of a Sheriff's posse, a police or sheriffs reserve or auxiliary officer, or a State Department of Corrections parole or corrections officer, a private investigator, a Michigan State Police motor carrier officer or Capitol security officer, a State court judge, a security officer required by the employer to carry a concealed weapon while on the premises.
C. A retired police or law enforcement officer or a retired State court judge.
The ESP, shall take the necessary steps to prosecute for a violation of the Weapon-Free School Zone.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7230 - page 240
GIFTS, GRANTS, AND BEQUESTS
The Board is duly appreciative of public interest in and good will toward the Academy, manifested through gifts, grants, and bequests. The Board reserves the right, however, to specify the manner in which gifts are made; to define the type of gift, grant, or bequest it considers appropriate; and to reject those it deems inappropriate or unsuitable. If accepted, the Board will attempt to carry out the wishes of the donor.
All gifts, grants, or bequests having a value of more than $500 shall be accepted by the Board. The School Leader may accept gifts of lesser value for the Board.
All accepted gifts, grants, or bequests shall be acknowledged by the Board.
Gifts, grants, and bequests shall become the property of the Board and will be subject to use by the Academy, as determined by the policies and the administrative procedures applying to all properties, equipment, materials, and funds owned by the Board.
Before any equipment is purchased by a parent organization for use in the Academy or at a school-related event, a written proposal shall be submitted to the Board for approval prior to purchase, so the Board can determine if the Academy would incur any liability by the use of the equipment. The Board reserves the right to not accept such liability and, thus, deny approval of the proposed purchase.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7310 - page 241
DISPOSITION OF SURPLUS PROPERTY
Reference: MCL 380.143, 380.1262
The Board requires the ESP to review the property of the Academy periodically to dispose of that material and equipment no longer usable in accordance with the terms of this policy.
Instructional Material
The Academy shall review instructional materials (e.g., textbooks, library books, manuals, support materials, etc.) periodically to determine the relevance of such materials to the present world and current instructional programs. The following criteria will be used to review instructional materials for redistribution and possible disposal:
A. concepts or content that do not support the current goals of the curriculum;
B. information that may not be current;
C. materials or equipment worn beyond salvage.
Equipment
The Academy shall inspect the equipment used in the instructional program periodically, to determine the condition and usability of such equipment in the current educational program. Should the equipment be deemed no longer serviceable or usable, the following criteria will be used to determine possible disposal:
A. repair parts for the equipment are no longer readily available
B. repair records indicate the equipment has no usable life remaining
C. obsolete equipment no longer makes a contribution to the educational program
D. equipment has some potential for sale at an auction
E. equipment poses a safety or environmental hazard
Disposition
The ESP is authorized to dispose of obsolete instructional and other property through sale to the highest bidder, donation to appropriate parties, or proper waste removal. Disposal of surplus property purchased with Federal funds shall be made in accordance with Federal guidelines.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7410 - page 242
MAINTENANCE
Reference: Public Act 225 of 1993
The Board recognizes that the fixed assets of the Academy represent a significant investment, and their maintenance is of prime concern to the Board.
The Board directs the conduct of a continuous program of inspection, maintenance, and rehabilitation for the preservation of the Academy buildings and equipment. Wherever possible and feasible, maintenance shall be preventive.
For implementation by the custodial and maintenance staff, the ESP shall develop a maintenance program that includes the following:
A. a regular summer program of repairing and conditioning the facilities;
B. the maintenance of a critical spare parts inventory;
C. a long-range plan for equipment replacement;
D. a long-range plan for building modernization;
E. repair or replacement of equipment or facilities for energy conservation, safety, and/or other environmental concerns.
The ESP shall develop and make known to the custodial and maintenance staff whatever procedures are necessary for the ongoing maintenance and good order of the physical plant and for the expeditious repair of conditions that threaten the safety of the occupants or the integrity of the plant. Such procedures are to include provision for Handicapped Parking signs that conform to State law.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7420 - page 243
HYGIENIC MANAGEMENT
Reference: AC Rule R340.1301
The Board recognizes the health and physical well-being of the students of the Academy depend, in large measure, upon the cleanliness and sanitary management of the Academy.
The Board directs a program of hygienic management be instituted in the Academy and explained annually to all staff members.
The Board shall request each facility be inspected for cleanliness and sanitation by the School Leader.
In consultation with the School Leader, ESP shall prepare procedures for handling and disposing of body wastes and fluids. Such procedures shall include the protection of staff members who clean or handle blood or blood-soaked items, vomit, saliva, urine, or feces; the disinfection of surfaces and items in contact with such matter; the disposal of such matter in sealed containers; and the frequent and thorough cleansing of hands and any other body parts that contact such matter.
The ESP shall develop and supervise a program for the cleanliness and sanitary management of the Academy's buildings, grounds, and equipment pursuant to law. The cleanliness of the school building shall be the responsibility of the ESP.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7430 - page 244
SAFETY STANDARDS
Reference: MCL 380.1288 AC Rule 29.1 et. seq., 340.1301 et. seq.
The Board believes that the staff and students of the Academy, as well as visitors, are entitled to function in an environment as free from hazards as can reasonably be provided. In this regard and in accordance with the law, the Board will provide reasonable and adequate protection to the lives, safety, and health of its employees.
The ESP shall be responsible for the maintenance of standards in the facilities to prevent accidents and minimize their consequences. S/he shall designate a staff member to conduct periodic audits of health and safety conditions within the facilities of the Academy in accordance with the Federal OSHA standards adopted by the State and shall take appropriate action on any violations to the School Leader. This staff member shall also have the authority to organize and direct the activities of an Academy Safety Committee.
At the beginning of each school year and as frequently thereafter as deemed necessary by the ESP, s/he shall check the Academy's playground for safety. A record of each inspection shall be on file in the Academy office.
The School Leader shall assure that the staff members and students of the Academy are aware of their rights to an environment free of recognized hazards; that they are properly trained in safety methods; that protective devices and equipment are available to meet safety standards; and that proper rules and records are maintained to meet the requirements of the law.
In the event an inspection is made by a representative of the State, the ESP shall report the results to the Board at the meeting following the receipt of the State report.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7434 - page 245
USE OF TOBACCO ON ACADEMY PREMISES
Reference: 20 USC § 6083; 20 USC § 7183; MCL 333.12605; MCL 333.12607; SBOE Policy on 24/7 TobaccoFree Schools The use of tobacco products of any kind, including but not limited to cigarettes, cigars, pipes, and chewing tobacco, and by any person, is prohibited on school property (including grounds, buildings, and vehicles) and during any school-sponsored activity or event.
In order to protect students and staff who choose not to use tobacco from an environment noxious to them and potentially damaging to their health, the Board prohibits the use of tobacco products on school premises (owned or leased), in school vehicles, at all school sponsored events and in all school buildings owned and/or operated by the Academy.
For purposes of this policy,
A. "tobacco product" means a preparation of tobacco to be inhaled, chewed, or placed in a person's mouth.
B. "use of a tobacco product" means any of the following:
1. the carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device
2. the inhaling or chewing of a tobacco product
3. the placing of a tobacco product within a person's mouth
4. and/or the smoking of electronic, "vapor," or other substitute forms of cigarettes, clove cigarettes or other lighted smoking devices for burning tobacco or any other substance.
Tobacco advertising or promotion is prohibited on signs, clothing (including hats or bags), or sponsorship of Academy events.
The School Leader shall:
A. Communicate the Academy's Tobacco-Free Policy to students, staff, family members, and visitors, at Academy events, through signage, and in the student code of conduct;
B. Develop and implement procedures for consistent and fair enforcement;
C. Develop educational alternatives to suspension;
D. Treat violators who are students or staff with disciplinary action in the same magnitude and manner as violations of other Academy policies;
E. Ensure that visitors who violate the policy discontinue using the tobacco product or leave the premises;
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7434 - page 246
F. Include the expectation that the prohibition will be enforced in contracts with outside groups who use the building; and
G. Coordinate with local law enforcement agencies on enforcement of the Youth Tobacco Act and the Michigan Penal Code related to tobacco use.
The Academy may provide access to developmentally-appropriate tobacco cessation programs or information about community cessation programs.
The ESP shall develop Administrative Procedures to ensure the proper implementation of this policy.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7440 - page 247
FACILITY SECURITY
Buildings constitute the greatest financial investment of the Academy. It is in the best interest of the Board to protect the Academy's investment adequately. The buildings and equipment owned by the Board shall be protected from theft and vandalism in order to maintain the optimum conditions for carrying out the educational programs.
The ESP shall develop and supervise a program for the security of the Academy's students, staff, visitors, school buildings, school grounds, and school equipment in compliance with State and Federal law. Such a program may include the use of video surveillance and electronic monitoring equipment in appropriate public areas in and around the schools and other school facilities, and on school buses.
Every effort shall be made to apprehend those who knowingly cause serious physical harm to students, staff, visitors and Board property and may require prosecution of those who bring harm to persons and/or property. The Board will seek repair to rectify the damage or payment of a fee to cover the cost of repair or replacement from the person(s) responsible. A reward may be offered for apprehending such persons.
Appropriate authorities may be contacted in the case of serious offenses.
The ESP is authorized to install metal detectors and video surveillance/electronic monitoring equipment on school property in order to protect the health, welfare, and safety of students, staff, visitors and Board property, and other security devices that would assist in the detection of guns and dangerous weapons:
A. in school buildings;
B. on school property.
The ESP shall report to the Board, no later than the next Board meeting, any significant incident involving vandalism, theft, personal safety or other security risk and the measures being taken to address the situation.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7440.01 - page 248
VIDEO SURVEILLANCE AND ELECTRONIC MONITORING
Reference: FERPA, 20 U.S.C. 1232g 34 C.F.R. 99.1-99.67 Title I of the Electronic Communication Privacy Act of 1986 18 U.S.C. 2510-2521
In order to protect Board property, promote security and protect the health, welfare and safety of students, staff and visitors, the Board authorizes the use of video surveillance and electronic monitoring equipment on school property, and in school buildings and school buses. Information obtained through video surveillance/electronic monitoring may be used to identify intruders and persons breaking the law, Board policy, or the Student Code of Conduct (i.e., it may be used as evidence in disciplinary actions and criminal proceedings).
The monitoring of actions and behavior of individuals who come onto school property is a significant factor in maintaining order and discipline and protecting students, staff, visitors, and school and student property. Video surveillance/electronic monitoring systems serve to complement other means being employed in the Academy to promote and foster a safe and secure teaching and learning environment for students and staff. The Board recognizes that the use of a video surveillance/electronic monitoring system does not replace the need for the ongoing vigilance of the Academy staff assigned by the building principal to monitor and supervise the school building. Rather, the video surveillance/electronic monitoring system serves as an appropriate and useful tool with which to augment or support the in-person supervision provided by staff. The building principal is responsible for verifying that due diligence is observed in maintaining general campus security.
The ESP is responsible for approving where and when to install and operate fixed-location video surveillance/electronic monitoring equipment in the Academy. The School Leader shall be responsible for recommending use of video surveillance/electronic monitoring. The determination of where and when to use video surveillance/electronic monitoring equipment will be made in a nondiscriminatory manner. Video surveillance/electronic monitoring equipment may be placed in common areas in school buildings (e.g., school hallways, entryways, the front office where students, employees and visitors are permitted to freely come and go, gymnasiums, cafeterias, libraries), the school parking lots and other outside areas, and in school buses. Except in extraordinary circumstances and with the written authorization of the School Leader, video surveillance/electronic monitoring equipment shall not be used in areas where persons have a reasonable expectation of privacy (e.g., restrooms, locker rooms, changing areas). The School Leader shall carefully consider and consult with Academy legal counsel before authorizing placement in, private offices (unless there is express consent given by the office occupant), or conference/meeting rooms, or in individual classrooms during instructional times. Security staff and administrators are authorized to carry and use portable video cameras when responding to incidents. The Board authorizes security personnel to use body-worn video cameras while on duty, but prohibits them from being operated while the individual is routinely patrolling restrooms and locker rooms, unless the staff member is responding to a specific incident.
Any person who takes action to block, move, or alter the location and/or viewing angle of a video camera shall be subject to disciplinary action.
Legible and visible signs shall be placed at the main entrance to buildings and in the areas where video surveillance/electronic monitoring equipment is in use. Signs shall be reasonably designed to notify people that their actions/behavior are being monitored/recorded. Additionally, the School
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7440.01 - page 249
Leader is directed to annually notify parents and students via Academy newsletters and the Student Handbook, and staff via the Staff Handbook, of the use of video surveillance/electronic monitoring systems in their schools.
Any information obtained from video surveillance/electronic monitoring systems may only be used to support the orderly operation of the Academy and facilities, and for law enforcement purposes, and not for any other purposes. As such, recordings obtained through the use of video surveillance/electronic monitoring equipment may be used as evidence in any disciplinary proceedings, administrative proceeding or criminal proceeding, subject to Board policy and regulations. Further, such recordings may become a part of a student's education record or staff member's personnel file.
Ordinarily video surveillance/electronic monitoring equipment will not be used to make an audio recording of conversation occurring on school grounds or property.
The ESP will not use video surveillance/electronic monitoring equipment to obtain information for the purpose of routine staff appraisal/evaluation or monitoring.
Recordings of students will be treated as confidential, to the extent allowed by law. Copies of video recordings containing personally identifiable information about students shall not be released except as required or authorized by law. Parents or guardians of minor students, and students who are eighteen (18) years of age or older, who are charged with disciplinary violations may view relevant portions of any video recording related to the charge, upon written request to the School Leader, provided that viewing the recording does not violate State and/or Federal law (i.e., the privacy rights of any other students whose images appear on the recording). Likewise, school personnel may view relevant portions of any video relating to any disciplinary charge against them, upon written request to the building principal, provided that viewing the recording does not violate State and/or Federal law (i.e., the privacy rights of any students whose images appear on the recording). Absent a clear legal obligation, confidential recordings will only be released through subpoena or court order.
The Board shall maintain video surveillance/electronic monitoring recordings for a limited period. Any request to view a recording under this policy must be made within 30 days of the event/incident. Unless an investigation is being conducted, recordings shall be destroyed after 30 days. If, however, action is taken by the ESP, as a result of a formal complaint or incident, recordings shall be kept for a minimum of one (1) year from the date of the action taken. Recordings may also be kept beyond the normal retention period if they are going to be utilized for training purposes.
This policy does not address or cover instances where Academy officials record a specific event (e.g., a play, music performance, athletic contest, graduation, or Board meeting), or an isolated instance where a classroom is videotaped for educational or research purposes. Authorized videotaping for educational, instructional and/or research purposes is permitted and is not addressed by this policy.
The ESP is directed to develop Administrative Procedures to address the use of video surveillance/electronic monitoring equipment in school buildings, school buses and on property owned and/or operated by the Board.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7440.01 - page 250
Video surveillance is to be implemented in accordance with this policy and the related procedures. The Board will not accept or tolerate the improper use of video surveillance/electronic monitoring equipment and will take appropriate action in any cases of wrongful use of this policy.
Annually, the School Leader shall conduct a review to verify that this policy and its implementing procedures are being adhered to, and report to the Board on the use of video surveillance/electronic monitoring equipment in the Academy.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7450 - page 251
PROPERTY INVENTORY
As steward of the Academy's property, the Board recognizes that efficient management and full replacement upon loss require accurate inventory and properly maintained property records.
The Board shall conduct a complete inventory of all Academy-owned equipment annually.
For purposes of this policy, equipment shall mean a unit of furniture or furnishings; an instrument; a machine; an apparatus; or a set of articles that retains its shape and appearance with use, is nonexpendable, costs at least $500 as a single unit, and does not lose its identity when incorporated into a more complex unit.
The duty of the ESP shall be to ensure that inventories are recorded systematically and accurately and that property records of equipment are updated and adjusted annually by reference to purchase orders and withdrawal reports.
Major items of equipment shall be subject to annual spot check inventory to determine loss, misallocation, or depreciation; any major loss shall be reported to the Board.
The ESP shall maintain a system of property records that show the following, as appropriate to the item recorded:
A. description and identification;
B. manufacturer;
C. year of purchase;
D. initial cost;
E. location;
F. condition and depreciation;
G. evaluation in conformity with insurance requirements.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7455 - page 252
ACCOUNTING SYSTEM FOR FIXED ASSETS
The Board shall maintain an accounting system for fixed assets. The fixed asset system shall maintain sufficient information to permit the following:
A. the preparation of year-end financial statements in accordance with generallyaccepted accounting principles;
B. adequate insurance coverage;
C. control and accountability.
The ESP shall be responsible for the development and maintenance of the fixed-asset accounting system. The ESP shall develop procedures to ensure compliance with all fixed-asset policies.
Fixed assets are defined as those tangible assets of the Academy with a useful life in excess of one (1) year and an initial cost equal to or exceeding $500. Some items may be identified as "controlled" assets that are to be recorded on the fixed-asset system to maintain control, although they may not meet all fixed-asset criteria.
The following items shall be classified as fixed assets:
A. land;
B. building;
C. improvements other than building;
D. machinery and equipment;
E. furniture and fixtures;
F. vehicles;
G. plant (aerator);
H. underground lines;
I. construction-in-progress;
J. computers (identified as "controlled" and monitored in the fixed asset management system).
Leased fixed assets and assets jointly owned shall also be identified and recorded on the fixed asset system.
Fixed assets shall be recorded at historical cost or, if that amount is not practicably determinable, at estimated historical cost. The method(s) to be used to estimate historical cost shall be established by the ESP.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7455 - page 253
The purchase of fixed assets, the transfer of fixed assets between buildings, and the disposal of fixed assets shall be initiated by the ESP and shall require the prior written approval of the ESP. An asset to be disposed of by sale with a current value in excess of $5,000 shall be sold at auction. An auction shall be held at the discretion of the ESP when sufficient assets have accumulated to warrant the cost. The ESP shall establish minimum acceptable prices for assets sold at auction.
Depreciation shall be recorded for fund fixed assets, using the method(s) agreed upon by the ESP and Board Treasurer.
Accumulated depreciation shall be calculated on a straight line basis and recorded for general fixed assets.
The following information shall be maintained for all fixed assets:
A. description;
B. asset classification (land, building, equipment, etc.);
C. location;
D. purchase price;
E. vendor;
F. date purchased;
G. voucher number;
H. estimated useful life;
I. estimated salvage value;
J. replacement cost;
K. accumulated depreciation;
L. method of acquisition (purchase, trade-in, lease, donated, etc.);
M. appropriation;
N. manner of asset disposal.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7460 - page 254
CONSERVATION OF NATURAL AND MATERIAL RESOURCES
The increasing costs and scarcity of natural energy resources coupled with the mandate to inhibit pollution, necessitates that the Academy implement strategies to conserve all forms of energy used and ensure proper recycling of reusable materials.
The Board directs the ESP to develop and implement both immediate and long range plans to meet these concerns. It expects that the administrative guidelines and procedures established will be properly observed by all members of the staff and strongly supported, both in the educational program and in staff interactions with students.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7510 - page 255
USE OF ACADEMY FACILITIES
The Board believes that the facilities of the Academy should be made available for community purposes, provided such use neither infringes on the original and necessary purpose of the property nor interferes with the educational program of the Academy [ ] and is harmonious with the purposes of the Academy.
The Board will permit the use of Academy facilities when such permission has been requested in writing by a responsible organization or a group of citizens and has been approved by the ESP.
Academy facilities shall be available for the uses listed below. When interests compete for the use of facilities, approval will be given according to the following priorities:
A. uses directly related to the Academy and its operations
B. uses and groups indirectly related to the Academy
C. community organizations or groups of individuals formed for the following purposes:
1. charitable;
2. educational.
D. commercial or profit-making organizations or individuals offering services for profit.
The use of Academy grounds and facilities shall not be granted for private social functions and any purpose prohibited by law.
The ESP shall develop Administrative Procedures for granting permission to use Academy facilities, including a schedule of fees. These Procedures are to include the following:
A. Each user may be required to present evidence of the purchase of organizational liability insurance to the limit prescribed by Academy administrative procedures.
B. Users shall be financially liable for damage to the facilities and shall be responsible for proper chaperonage.
C. Use of Academy equipment in conjunction with the use of Academy facilities must be requested specifically in writing, and may be granted, using the procedure by which permission to use facilities is granted. The users of Academy equipment must accept liability for any damage or loss to such equipment that occur while in their use. Where rules so specify, no item of equipment may be used except by a qualified operator.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7530 - page 256
LENDING OF ACADEMY-OWNED EQUIPMENT
The Board believes that Academy-owned equipment is a valuable resource that may be loaned for community use under certain conditions only, provided that such use does not infringe on the original and necessary purpose of the equipment or interfere with the educational program of the Academy.
The Board may lend specific items of equipment on the written request of the user and approval granted by the ESP.
The user of Academy-owned equipment shall be fully liable for any damage or loss occurring to the equipment during its use and shall be responsible for its safe return.
Academy equipment may be removed from Academy property by students or staff members only when such equipment is necessary to accomplish tasks arising from their school or job responsibilities. The consent of the School Leader is required for such removal.
Personal use of Academy equipment or facilities by staff or students will be in accordance with the ESP's Administrative Procedures.
Removal of Academy equipment by staff or students from Academy property for personal use is prohibited.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7530.02 - page 257
STAFF USE OF PERSONAL COMMUNICATION DEVICES
As the employer of record, the ESP directs the proper use of personal communication devices of its employees.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540 - page 258
COMPUTER TECHNOLOGY AND NETWORKS
The Board is committed to the effective use of technology to both enhance the quality of student learning and the efficiency of operations within the school system.
However, the use of the Academy's network and technology resources by students is a privilege, not a right. As a prerequisite, students and their parents must sign and submit a Student Network and Internet Acceptable Use and Safety form ( ) annually. (See also, Policy 7540.03)
The ESP shall develop and ***P 7540 STP Plan*** a written School Technology Plan (STP). Procedures for the proper acquisition of technology shall be set forth in the STP. The STP shall also provide guidance to staff and students about making safe, appropriate and ethical use of the Academy's network(s), as well as inform both staff and students about disciplinary actions that will be taken if Board technology and/or networks are abused in any way or used in an inappropriate, illegal, or unethical manner.
Further safeguards shall be established so that the Board's investment in both hardware and software achieves the benefits of technology and inhibits negative side effects. Accordingly, students shall be educated about appropriate online behavior including, but not limited to, using social media to interact with others online; interacting with other individuals in chat rooms or on blogs; and, recognizing what constitutes cyberbullying, understanding cyberbullying is a violation of Academy policy, and learning appropriate responses if they are victims of cyberbullying.
The Board authorizes the access and use of social media from the Academy's network to increase awareness of Academy programs and activities, as well as to promote achievements of staff and students, provided such access and use is approved in advance by the School Leader.
The ESP shall review the STP and ***P 7540 STP Update Options*** any changes, amendments or revisions to the Board annually.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.01 - page 259
TECHNOLOGY PRIVACY
The Board recognizes the right to privacy of staff members in their personal lives. This policy serves to inform staff members of the Board's position regarding staff members' privacy in the educational workplace setting. The policy also serves to protect the Board's interests.
All computers, telephone systems, electronic mail (e-mail) systems, and voice mail systems are the Board's property and are to be used solely for business purposes. The Board retains the right to access and review all electronic and voice mail, computer files, data bases, and any other electronic transmissions contained within, or used in conjunction with, the Board's computer system, telephone system, electronic mail system, and voice mail system. Staff members should not expect any information contained on such systems to be confidential or private.
Review of such information may be done by the Board with or without the staff member's knowledge. The use of passwords does not guarantee confidentiality, and the Board retains the right to access information in spite of a password. All passwords or security codes must be registered with the Board. A staff member's refusal to permit such access may be grounds for discipline up to, and including, discharge.
Computers, electronic mail, and voice mail are to be used only for the Academy's business and educational purposes.
Personal messages via Board-owned technology should be limited, in accordance with the ESP Administrative Procedures.
Staff members are prohibited from sending offensive, discriminatory, or harassing messages via Board-owned technology: computer, electronic mail, or voice mail.
The Board requires the proper use of its resources. Review of computer files, electronic mail, and voice mail will be conducted only in the ordinary course of business and will be motivated by a legitimate business reason. If a staff member's personal information is discovered, the contents of such discovery will be limited to those who have a specific need to know that information. The discovered contents will not be reviewed by the Board, except to the extent necessary to determine if the Board's interests have been compromised. The administrators and supervisory staff members authorized by the ESP have the authority to search and access information electronically.
All computers and any information or software contained therein are property of the Board. Staff members shall not copy, delete, or remove any information or data contained on the Board-owned computers or servers without the express permission of the School Leader or designee. Further, staff members shall not communicate any such information to unauthorized individuals. In addition, staff members may not copy software from or onto any Board computer and may not bring software from outside sources for use on Board equipment without the prior approval of the ESP. Such pre-approval will include a review of any copyright infringements or virus problems associated with such outside software.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.02 - page 260
ACADEMY WEB PAGE
The Board authorizes the creation of Web sites by staff and students of the Academy to be published on the Internet. The creation of Web sites by students must be done under the supervision of a professional staff member. These Web sites must reflect the professional image of the Academy, its personnel, and students. The content of all pages shall be consistent with the Board's Mission Statement and subject to prior approval of the ESP.
The purpose of such Web sites is to educate, inform, and communicate. The following criteria should be used to guide the development of Web sites:
A. Content should be suitable and usable for students and teachers to support the curriculum and the Board's educational goals and objectives as listed in the Board's Strategic Plan.
B. Content should inform the community about the Academy, teachers, students, or departments, including information about curriculum, events, class projects, student activities, and departmental policies.
C. Content should provide an avenue to communicate with the community.
The information contained on the Web site should reflect and support the Board's Mission Statement, Educational Philosophy, and the School Improvement Process.
When the content includes a photograph or information relating to a student, the Board will abide by the provisions of Policy 8330 - Student Records.
All links included on the pages must also meet the above criteria and comply with State and Federal laws (e.g., copyright laws, Children's Internet Protection Act), ADA, Children’s Online privacy Protection Act (COPPA)). Nothing in this paragraph shall prevent the Academy from linking the Board’s website to (1) recognized news/media outlets (e.g., local newspapers’ websites, local television stations’ websites) or (2) to websites that are developed and hosted by outside commercial vendors pursuant to a contract with the Board. The Board recognizes that such third party websites may contain age appropriate advertisements that are inconsistent with the requirements of Policy 9700.01, AG 9700B, and State and federal Law.
Under no circumstances is a Web site to be used for commercial purposes advertising, political lobbying, or providing financial gains for any individual. ncluded in this prohibition is the fact no webpages contained on the Academy’s website may: (1) include statements or other items that support or oppose a candidate for public office or a ballot proposal, the investigation, prosecution or recall of a public official, or passage of a tax levy or bond issue; (2) link to a website of another organization if the other website includes such a message; (3) communicate information that supports or opposes any labor organization or any action by, on behalf of, or against any labor organization; or communicate a political position or advocate for an issue.
Under no circumstances is a staff member-created webpage/site including personal webpages/sites, to be used to post student progress reports, grades, class assignments, or any other similar class-related material. The board maintains its own website (e.g., [Progressbook]) that employees are required to use for the purpose of conveying information to students and/or parents.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.02 - page 261
Staff members are prohibited from requiring students to go to the staff member’s personal webpages/sites (including, but not limited to, their Facebook or MySpace pages) to check grades, obtain class assignments and/or class-related materials, and/or to turn in assignments.
If a staff member creates a webpage/site related to his/her class, it must be hosted on the Board’s server.
Unless the webpage/site contains student personally identifiable information, Board websites that are created by students and/or staff members that are posted on the Internet should not be password protected or otherwise contain restricted access features, whereby only employees, student(s), or other limited groups of people can access the site. Community members, parents, employees, staff, students, and other website users will generally be given full access to the sites created pursuant to this policy.
Such Web sites should address both internal and external audiences who will view the information. Academy Web sites must be located on Board-affiliated servers.
The Board retains all proprietary rights related to the design of Web sites and/or pages hosted on the Board's servers, absent written agreement to the contrary.
Students who want their class work to be displayed on the Board's Web site must have written parental permission and must expressly license the display without cost to the Board. Prior written parental permission is necessary for a student to be identified by name anywhere on the Board's Web site.
The ESP shall prepare Administrative Guidelines defining the standards permissible for Web site use.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.03 - page 262
STUDENT EDUCATION ACCEPTABLE USE AND SAFETY
Reference: P.L. 106-554, Children's Internet Protection Act of 2000 P.L. 110-385, Title II, Protecting Children in the 21st Century Act 18 U.S.C. 1460 18 U.S.C. 2246 18 U.S.C. 2256 20 U.S.C. 6777, 9134 (2003) 20 U.S.C. 6801 et seq., Part F, Elementary and Secondary Education Act of 1965, as amended (2003) 47 U.S.C. 254(h), (1), Communications Act of 1934, as amended (2003) 47 C.F.R. 54.520
Technology has fundamentally altered the ways in which information is accessed, communicated, and transferred in society. As a result, educators are continually adapting their means and methods of instruction, and the way they approach student learning, to incorporate the vast, diverse, and unique resources available through the Internet. The Board provides Education Technology so that students can acquire the skills and knowledge to learn effectively and live productively in a digital world. The Board provides students with access to the Internet for limited educational purposes only and utilizes online educational services to enhance the instruction delivered to its students. The Academy’s Internet system does not serve as a public access service or a public forum, and the Board imposes reasonable restrictions on its use consistent with tis limited educational purpose.
This policy and its related administrative guidelines and the Student Code of Conduct govern students’ use of the Academy’s computers, laptops, tablets, personal communication devices (as defined by Policy 5136), network, and Internet connection and online educational services (“Education Technology” or “Ed-Tech”). The due process rights of all users will be respected in the event there is a suspicion of inappropriate use of the Education Technology. Users have no right or expectation to privacy when using the Ed-Tech (including, but not limited to, privacy in the content of their personal files, e-mails, and records of their online activity while on the network and Internet).
First, and foremost, the Board may not be able to technologically limit access to services through its Educational Technology to only those services and resources that have been authorized for the purpose of instruction, study and research related to the curriculum. Unlike in the past when educators and community members had the opportunity to review and screen materials to assess their appropriateness for supporting and enriching the curriculum according to adopted procedures and reasonable selection criteria (taking into account the varied instructional needs, learning styles, abilities, and developmental levels of the students who would be exposed to them), access to the Internet, because it serves as a gateway to any publicly available file server in the world, will open classrooms and students to electronic information resources that may not have been screened by educators for use by students of various ages.
Pursuant to Federal law, the Board has implemented technology protection measures which protect against (e.g., filter or block) access to visual displays/depictions/materials that are obscene, constitute child pornography, and/or are harmful to minors, as defined by the Children’s Internet Protection Act. At the discretion of the Board or the School Leader, the technology protection measures may be configured to protect against access to other material considered inappropriate for students to access. The Academy also utilizes software and/or hardware to monitor online activity of students to restrict access to child pornography and other material that is obscene, objectionable, inappropriate and/or harmful to minors. However, the Board is
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.03 - page 263
cognizant of the fact that such software and/or hardware is not perfect and relies on students to self-police (and immediately cease viewing) online activity that would otherwise be in conflict with these policies and to immediately report such to the School Leader, or designee. The ESP or School Leader, or designee may temporarily or permanently unblock access to websites or online education services containing appropriate material, if access to such sites has been inappropriately blocked by the technology protection measures. The determination of whether material is appropriate or inappropriate shall be based on the content of the material and the intended use of the material, not on the protection actions of the technology protection measures.
Parents/guardians are advised that a determined user may be able to gain access to services on the Internet that the Board has not authorized for educational purposes. In fact, it is impossible to guarantee students will not gain access through the Internet to information and communications that they and/or their parents/guardians may find inappropriate, offensive, objectionable or controversial. Parents/Guardians assume risks by consenting to allow their child to participate in the use of the Internet. Parents/Guardians of minors are responsible for setting and conveying the standards that their children should follow when using Education Technology. The Board supports and respects each family’s right to decide whether to apply for independent student access to the Education Technology.
The technology protection measures may not be disabled at any time that students may be using the Education Technology, if such disabling will cease to protect against access to materials that are prohibited under the Children's Internet Protection Act. Any student who attempts to disable the technology protection measures will be subject to discipline.
The ESP is directed to prepare procedures which address students' safety and security while using e-mail, chat rooms and other forms of direct electronic communications, and prohibit disclosure of personal identification information of minors and unauthorized access (e.g., "hacking"), cyberbullying and other unlawful or inappropriate activities by minors online.
Pursuant to Federal law, students shall receive education about the following:
A. safety and security while using e-mail, chat rooms, social media, and other forms of direct electronic communications;
B. the dangers inherent with the online disclosure of personally identifiable information;
C. the consequences of unauthorized access (e.g., "hacking") cyberbullying and other unlawful or inappropriate activities by students online, and
D. unauthorized disclosure, use, and dissemination of personal information regarding minors.
The Board directs the ESP to implement procedures regarding the appropriate use of technology and online safety and security as specified above. Furthermore, the ESP will implement monitoring procedures for the online activities while students are at school.
Monitoring may include, but is not necessarily limited to, visual observations of online activities during class sessions; or use of specific monitoring tools to review browser history and network, server, and computer logs.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.03 - page 264
The ESP is responsible for providing training so that Internet users under their supervision are knowledgeable about this policy and its accompanying procedures. The Board expects that staff members will provide guidance and instruction to students in the appropriate use of the Education Technology. Such training shall include, but not be limited to, education concerning appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and cyberbullying awareness and response. All Internet users (and their parents if they are minors) are required to sign a written agreement to abide by the terms and conditions of this policy and its accompanying procedures.
Students and staff members are responsible for good behavior on the Academy's computers/network and the Internet just as they are in classrooms, school hallways, and other school premises and school sponsored events. Communications on the Internet are often public in nature. General school rules for behavior and communication apply. The Board does not sanction any use of the Education Technology that is not authorized by or conducted strictly in compliance with this policy and its accompanying procedures.
Users who disregard this policy and its accompanying procedures may have their use privileges suspended or revoked, and disciplinary action taken against them. Users of the Board’s Education Technology are personally liable, both civilly and criminally, for uses of the Education Technology not authorized by this Board policy and its accompanying procedures. The Board designates the ESP and Technology Coordinator as the persons responsible for initiating, implementing, and enforcing this policy and its accompanying procedures as they apply to the use of the Academy's Education Technology and the Internet for instructional purposes.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.04 - page 265
STAFF NETWORK AND INTERNET ACCEPTABLE USE AND SAFETY
Reference: P.L. 106-554, Children's Internet Protection Act of 2000 P.L. 110-385, Title II, Protecting Children in the 21st Century Act 18 USC 1460 18 USC 2246 18 USC 2256 20 USC 6777, 9134 (2003) 20 USC 6801 et seq., Part F, Elementary and Secondary Education Act of 1965, as amended (2003) 47 USC 254(h), (1), Communications Act of 1934, as amended (2003) 47 C.F.R. 54.520
Technology has fundamentally altered the ways in which information is accessed, communicated, and transferred in society. As a result, educators are continually adapting their means and methods of instruction, and the way they approach student learning, to incorporate the vast, diverse, and unique resources available through the Internet. The Board provides staff with access to the Internet for limited educational purposes only and utilizes online educational services to enhance the instruction delivered to its students an to facilitate the staff’s work. The Academy’s Internet system does not serve as a public access service or a public forum, and the Board imposes reasonable restrictions on its use consistent with its limited educational purpose. This policy and its related administrative guidelines and any applicable employment contracts and collective bargaining agreements govern the staffs’ use of the Academy’s computers, laptops, tablets, personal communication devices (as defined by Policy 7530.02), network and Internet connection and online educational services (“Education Technology” or “Ed-Tech”). The due process rights of all users will be respected in the event there is a suspicion of inappropriate use of the Education Technology. Users have no right or expectation to privacy when using the EdTech Technology. Users have no right or expectation to privacy when using the Ed-Tech (including, but not limited to, privacy in the content of their persona files, e-mails, and records of their online activity while on the network and Internet).
Staff are expected to utilize Education Technology in order to promote educational excellence in our schools by providing students with the opportunity to develop the resource sharing, innovation, and communication skills and tools that are essential to both life and work. The Board encourages the faculty to develop the appropriate skills necessary to effectively access, analyze, evaluate, and utilize these resources in enriching educational activities. The instructional use of the Internet and online educational services will be guided by the Board’s policy on Instructional Materials.
The Internet is a global information and communication network that brings incredible education and information resources to our students. The Internet connects computers and users in the Academy with computers and users worldwide. Through the Education Technology, students and staff can access relevant information that will enhance their learning and the education process. Further, the Internet provides students and staff with the opportunity to communicate with other people from throughout the world. Access to such an incredible quantity of information and resources brings with it, however, certain unique challenges and responsibilities.
First, and foremost, the Board may not be able to technologically limit access to services over its Education Technology to only those services and resources that have been authorized for the purpose of instruction, study and research related to the curriculum. Unlike in the past when educators and community members had the opportunity to review and screen materials to assess their appropriateness for supporting and enriching the curriculum according to adopted
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.04 - page 266
procedures and reasonable selection criteria (taking into account the varied instructional needs, learning styles, abilities, and developmental levels of the students who would be exposed to them), access to the Internet, because it serves as a gateway to any publicly available file server in the world, will open classrooms and students to electronic information resources that not have been been screened by educators for use by students of various ages.
Pursuant to Federal law, the Board has implemented technology protection measures, which protect against (e.g., filter or block) access to visual displays/depictions/materials that are obscene, constitute child pornography, and/or are harmful to minors, as defined by the Children’s Internet Protection Act. At the discretion of the Board or ESP, the technology protection measures may also be configured to protect against access to other material considered inappropriate for students to access. The Board utilizes software and/or hardware to monitor online activity of staff members to restrict access to child pornography and other material that is obscene, objectionable, inappropriate and/or harmful to minors. However, the Board is cognizant of the fact that such software and/or hardware is not perfect and relies on Staff members to self-police (and immediately cease viewing) online activity that would otherwise be in conflict with these policies and to immediately report such to the School Leader, or designee.
The technology protection measures may not be disabled at any time that students may be using the Education Technology, if such disabling will cease to protect against access to materials that are prohibited under the Children's Internet Protection Act. Any staff member who attempts to disable the technology protection measures will be subject to disciplinary action, up to and including termination.
The ESP or Technology Coordinator may temporarily or permanently unblock access to websites containing appropriate material, if access to such sites has been inappropriately blocked by the technology protection measures. The determination of whether material is appropriate or inappropriate shall be based on the content of the material and the intended use of the material, not on the protection actions of the technology protection measures.
The ESP is directed to prepare procedures which address students' safety and security while using e-mail, chat rooms and other forms of direct electronic communication, and prohibit disclosure of personal identification information of minors and unauthorized access (e.g., "hacking"), cyberbullying and other unlawful or inappropriate activities by minors online. Staff members are reminded that personally identifiable student information is confidential and may not be disclosed without prior written parental permission.
The Board directs the ESP to initiate professional development programs in accordance with the provisions of law and this policy. Training shall include:
A. the safety and security of students while using e-mail, chat rooms, social media and other forms of direct electronic communications;
B. the inherent danger of students disclosing personally identifiable information online;
C. the consequences of unauthorized access (e.g., "hacking"), cyberbullying and other unlawful or inappropriate activities by students or staff online; and
D. unauthorized disclosure, use, and dissemination of personal information regarding minors.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.04 - page 267
Furthermore, the Board directs the ESP to cause to provide instruction for students regarding the appropriate use of technology and online safety and security as specified above, and the ESP will implement monitoring procedures for the online activities while students are at school.
Monitoring may include, but is not necessarily limited to, visual observations of online activities during class sessions; or use of specific monitoring tools to review browser history and network, server, and computer logs.
The disclosure of personally identifiable information about students online is prohibited. The ESP is responsible for providing training so that Internet users under their supervision are knowledgeable about this policy and its accompanying procedures. The Board expects that guidance will be provided and instruction offered to students in the appropriate use of the Internet. Such training shall include, but not be limited to, education concerning appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and cyberbullying awareness and response. All Internet users are required to sign a written agreement to abide by the terms and conditions of this policy and its accompanying procedures.
Staff will be assigned an Academy email address that they are required to utilize for all Academyrelated electronic communications, including those to students and their parents and other staff members.
The Board expects all Academy personnel to be responsible for good behavior when using the Academy's Education Technology just as in classrooms, school hallways, and other school premises and school sponsored events. Communications on the Internet are often public in nature.
Staff members shall not access social media for personal use on the Academy's network, and shall access social media for educational use only after submitting a plan for that educational use and securing the School Leader's approval of that plan in advance.
General Academy rules for behavior and communication apply. The Board does not sanction any use of the Internet that is not authorized by or conducted strictly in compliance with this policy and its accompanying procedures. Users who disregard this policy and its accompanying procedures may have their use privileges suspended or revoked, and disciplinary action taken against them. Users of the Academy's technology are personally responsible and liable, both civilly and criminally, for uses of the Education Technology not authorized by this policy and its accompanying procedures.
Social Media Use
Personal or private use of social media, such as Facebook, Twitter, MySpace, blogs, etc., may result in unintended consequences. While the Board respects employees First Amendment rights, those rights do not include permission to post inflammatory comments that could compromise the Academy's Mission, undermine staff relationships, or cause a substantial disruption to the school environment. This warning includes Academy personnel online conduct that occurs off school property, including from the Academy's personal or private computer. Postings to social media should be done in a manner sensitive to the staff member's professional responsibilities.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.04 - page 268
In addition, Federal and State confidentiality laws forbid schools and Academy employees from using or disclosing student education records without parental consent. See Policy 8330. Education records include a wide variety of information; posting personally identifiable information about students is not permitted. Academy personnel who violate State and Federal confidentiality laws or privacy laws related to the disclosure of confidential employee information may be disciplined.
The Board designates the ESP and Technology Coordinator as the administrators responsible for initiating, implementing, and enforcing this policy and its accompanying procedures as they apply to the use of the Academy's Education Technology.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.05 - page 269
ELECTRONIC MAIL
The Board is committed to the effective use of electronic mail ("e-mail") by all school staff and Board members in the conduct of their official duties. This policy, as well as any procedures developed pursuant to it, are not meant to limit or discourage the use of e-mail for conducting the official business of the Academy, but rather, this policy and any corresponding procedures are intended to establish a framework for the proper use of e-mail as an official business tool.
When available, the Academy's e-mail system must be used by ESP for any official Academy email communications. Personal e-mail accounts on providers other than the Academy's e-mail system may be blocked at any time due to concerns for network security, SPAM, or virus protection. Furthermore, school staff are expected to exercise reasonable judgment and prudence and take appropriate precautions to prevent viruses from entering the Academy's network when opening or forwarding any e-mails or attachments to e-mails that originate from unknown sources.
School staff shall not send or forward mass e-mails, even if the e-mails concern Academy business, without prior approval of the Educational Service Provider.
School staff may join list servs or other e-mail services (e.g. RSS feeds) that pertain to their responsibilities in the Academy, provided these list servs or other e mail services do not exceed the staff member's e-mail storage allotment. Staff members are required to keep their inbox and folders organized by regularly reviewing e-mail messages, appropriately saving e-mails that constitute a public record or student record and e-mails that are subject to a Litigation Hold, and purging all other e mails that have been read. If the staff member is concerned that his/her e-mail storage allotment is not sufficient, s/he should contact the Academy's technology coordinator (IT staff). Similarly, if a staff member is unsure whether s/he has adequate storage or should subscribe to a list serv or RSS feed, s/he should discuss the issue with his/her School Leader or the Academy's technology coordinator. The Educational Service Provider is authorized to block e-mail from list servs or e-mail services if the e-mails received by the staff member(s) regularly exceed 50 megabytes.
Public Records
The Academy complies with all Federal and State laws pertaining to electronic mail. Accordingly, e-mails written by or sent to school staff and Board members may be public records if their content concerns Academy business, or education records if their content includes personally identifiable information about a student. E-mails that are public records are subject to retention and disclosure, upon request, in accordance with Policy 8310 – Public Records. E-mails that are student records should be maintained pursuant to Policy 8330 – Student Records. Finally e-mails may constitute electronically stored information ("ESI") that may be subject to a Litigation Hold pursuant to Policy 8315 – Information Management.
State and Federal law exempt certain documents and information within documents from disclosure, no matter what their form. Therefore, certain e-mails may be exempt from disclosure or it may be necessary to redact certain content in the e mails before the e–mails are released pursuant to a public records request, the request of a parent or eligible student to review education records, or a duly served discovery request involving ESI.
E-mails written by or sent to school staff and Board members by means of their private e-mail account may be public records if the content of the e-mails concerns Academy business, or
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.05 - page 270
education records if their content includes personally identifiable information about a student. Consequently, staff shall comply with an Academy request to produce copies of e-mail in their possession that are either public records or education records, or that constitute ESI that is subject to a Litigation Hold, even if such records reside on a computer owned by an individual staff member, or are accessed through an e-mail account not controlled by the Academy.
Retention
Pursuant to State and Federal law, e-mails that are public records or education records, and emails that are subject to a Litigation Hold shall be retained.
E-mail retention is the responsibility of the individual e-mail user. E-mails sent or received using the Academy's e-mail service may only be retained for 30 days on the server. This retention is for disaster recovery and not to provide for future retrieval. The Academy does not maintain a central or distributed e-mail archive of e mail sent and/or received.
The Academy maintains archives of all e-mails sent and/or received by users of the Academy's e-mail service. Staff members are required to forward copies of any e-mails received in their personal e-mail account(s) not affiliated with the Academy server to their Academy e-mail account so that these records are also archived for future retrieval, if necessary.
Unauthorized E-mail
The Board does not authorize the use of its proprietary computers and computer network ("network") to accept, transmit, or distribute unsolicited bulk e-mail sent through the Internet to network e-mail accounts. In addition, Internet e-mail sent, or caused to be sent, to or through the network that makes use of or contains invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through the network is unauthorized. Similarly, e-mail that is relayed from any third party's e-mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of the network. The Board does not authorize the harvesting or collection of network e-mail addresses for the purposes of sending unsolicited e–mail. The Board reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing, or remaining within the network. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the network. The Board's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of its rights.
Unauthorized use of the network in connection with the transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender and/or possible disciplinary action.
Authorized Use and Training
Pursuant to Policy 7540.04, staff and Board members using the Academy's e-mail system shall acknowledge their review of, and intent to comply with, the Academy's policy on acceptable use and safety by signing and submitting Form 7540.04 F1 annually.
Furthermore, staff and Board members using the Academy's e-mail system shall satisfactorily complete training, pursuant to Policy 7540.04, regarding the proper use and retention of e-mail.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.05 - page 271
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.07 - page 272
PERSONAL INTERNET ACCOUNT PRIVACY - STUDENTS
Reference: Michigan Internet Privacy Information Act, PA 478 of 2012 MCL 37.271 et. seq.
The Academy will not: A. request a student or prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the student's or prospective student's personal internet account.
B. expel, discipline, fail to admit, or otherwise penalize a student or prospective student for failure to grant access to, allow observation of, or disclose information that allows access to or observation of the student's or prospective student's personal internet account.
The following definitions shall be used for this policy:
A. "Access information" means user name, password, login information, or other security information that protects access to a personal internet account.
B. "Personal internet account" means an account created via a bounded system established by an internet-based service that requires a user to input or store access information via an electronic device to view, create, utilize, or edit the user's account information, profile, display, communications, or stored data.
C. The Academy may:
1. request or require a student to disclose access information to gain access to or operate any of the following:
a. An electronic communications device paid for in whole or in part by the Academy.
b. An account or service provided by the Academy that is either obtained by virtue of the student's admission to the educational institution or used by the student for educational purposes.
2. view, access or utilize information about a student or applicant that can be obtained without any required access information or that is available in the public domain.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.08 - page 273
PERSONAL INTERNET ACCOUNT PRIVACY – STAFF
Reference: Michigan Internet Privacy Protection Act, PA 478 of 2012 MCL 37.271 et. seq.
The Academy will not:
A. request an employee or an applicant for employment to grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant's personal internet account.
B. discharge, discipline, fail to hire, or otherwise penalize an employee or applicant for employment for failure to grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant's personal internet account.
The following definitions shall be used for this policy:
A. "Access information" means user name, password, login information, or other security information that protects access to a personal internet account.
B. "Personal internet account" means an account created via a bounded system established by an internet-based service that requires a user to input or store access information via an electronic device to view, create, utilize, or edit the user's account information, profile, display, communications, or stored data.
C. The Academy may:
1. request or require an employee to disclose access information to the Academy to gain access to or operate any of the following:
a. An electronic communications device paid for in whole or in part by the employer.
b. An account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, or used for the Academy's business purposes.
2. discipline or discharge an employee for transferring the proprietary or confidential information or financial data to an employee's personal internet account without the Academy's authorization.
3. conduct an investigation or require an employee to cooperate in an investigation in any of the following circumstances:
a. If there is specific information about activity on the employee's personal internet account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work related employee misconduct.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7540.08 - page 274
b. If the Academy has specific information about an unauthorized transfer of the Academy's proprietary information, confidential information, or financial data to an employee's personal internet account.
4. restrict or prohibit an employee's access to certain websites while using an electronic communications device paid for in whole or in part by the Academy or while using the Academy's network or resources, in accordance with State and Federal law.
5. monitor, review, or access electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an Academy's network, in accordance with State and Federal law.
6. screen employees or applicants prior to hiring or to monitor or retain employee communications that is established under Federal law or by a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 USC 78c(a)(26).
7. view, access or utilize information about an employee or applicant that can be obtained without any required access information or that is available in the public domain.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7541 - page 275
ELECTRONIC DATA PROCESSING/INFORMATION SYSTEM DISASTER RECOVERY PLAN
The Board is committed to maintaining and protecting the Academy's Information System. The Board believes that a complete and accurate Information System, including educational, student, fiscal and personnel information, is vital to the Board's ability to deliver uninterrupted educational service to the community it represents. To that end, the ESP is directed to develop, test, and maintain an Electronic Data Processing/Information System Disaster Recovery Plan for use in the event a disaster should disable the Academy's electronic data processing equipment.
The Disaster Recovery Plan may include the following:
A. a reciprocal agreement with a neighboring school or data acquisition site that outlines the scope and costs of reciprocal services (e.g., access to the computer facility of the other site, computer time, personnel assistance, etc.);
B. equipment insurance;
C. a list of the applications used by the Academy;
D. procedures and personnel used to backup all programs and data on a daily, monthly, quarterly, and year-end basis;
E. backup storage off-site;
F. maintenance agreements for hardware and software (including, but not limited to the operating system);
G. a list of vendor contacts to be called for immediate replacement of disabled equipment or corrupted software;
H. as a last resort, the emergency procedures to be used to manually create the Academy's payroll checks and budgetary checks and to manually perform other necessary accounting functions.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7542 - page 276
ACCESS TO ACADEMY TECHNOLOGY RESOURCES FROM PERSONAL COMMUNICATION DEVICES
The Board permits employees, Board members, contractors, vendors, and agents to use their personal communication devices ("PCDs") to wirelessly access the Academy's technology resources (guest or business networks, servers, projectors, printers, etc.) while they are on-site at any Academy facility. Access to the business/guest network shall require authentication.
For purposes of this policy, "personal communication device" includes computers, tablets (e.g., iPads and similar devices), electronic readers ("e-readers"; e.g., Kindles and similar devices), cell phone (e.g., mobile/cellular telephones), smartphones (e.g., BlackBerry, iPhone, etc.), and/or other web-enabled devices of any type.
If the user wants to access the Academy's technology resources through a hard-wired connection, the user's PCD must first be checked by the Technology Coordinator to verify it meets the established standards for equipment used to access the network.
Technology Coordinator is charged with developing (or, is directed to develop) the necessary standards for connecting PCDs to the Academy's technology resources. The standards shall be available upon request.
The standards shall be designed and enforced to minimize the Board's exposure to damages, including, but not limited to, the loss of sensitive Academy data, illegal access to confidential data, damage to the Academy's intellectual property, damage to the District's public image, and damage to the Academy's critical internal systems, from unauthorized use.
The use of PCDs must be consistent with the established standards for appropriate use as defined in Policy 7540.03 and AG 7540.03 – Student Network and Internet Acceptable Use and Safety, Policy 7540.04 and AG 7540.04 – Staff Network and Internet Acceptable Use and Safety, Policy 5136 and AG 5136 - Personal Communication Device, Policy 7530.02 - Staff Use of Communication Devices. When an individual connects to and uses the Academy's technology resources, s/he must agree to abide by all applicable policies, administrative procedures and laws (e.g., the user will be presented with a "splash screen" that will set forth the terms and conditions under which s/he will be able to access the Academy's technology resource(s); the user will need to accept the stated terms and conditions before being provided with access to the specified technology resource(s)).
In order to comply with the Children's Internet Protection Act ("CIPA"), the Board has implemented technology protection measures that protect against (e.g., filter or block") access to visual displays/depictions/materials that are obscene, constitute child pornography, and/or are harmful to minors. The Board also utilizes software and/or hardware to monitor online activity to restrict access to child pornography and other material that is obscene, objectionable, inappropriate and/or harmful to minors.
Any user who violates the established standards and/or the Board's Acceptable Use policy, or who accesses the Academy's technology resources without authorization may be prospectively denied access to the Academy's technology resources. If the violation is committed by a contractor, vendor or agent of the Academy, the contract may be subject to cancellation. Further disciplinary action may be taken if the violation is committed by a student or employee.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7542 - page 277
The owner of a PCD bears all responsibility and assumes all risk of theft, loss, or damage to, or misuse or unauthorized use of the device while it is on Board property. This provision applies to everyone, regardless of their affiliation or connection to the Academy.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7543 - page 278
REMOTE ACCESS TO THE ACADEMY'S NETWORK
Access to the Academy's Website (www.newstandardflint.org) is encouraged.
The following resources shall be available on the Academy's website:
A. the Academy's calendar of events
B. Powerschool
C. State Transperancy Reporting
D. Board agendas and minutes
The Board encourages staff, parents, students, and community members to check the Academy's website regularly for changes to these resources and for the addition of other resources. Some resources may require a user name and password, or a login procedure due to the personally identifiable nature of the information provided through that resource (e.g., the grade book program and e-mail system). If a user name and password, or login procedure, is necessary to access a resource, information shall be provided on the website explaining who is eligible for a user name and password, how to obtain a user name and password, and detailed instructions concerning the login process.
Access to the Academy Network through Server
Board members, staff members, contractors, vendors, and agents of the Academy, are permitted to use their personally-owned or Academy-owned computer or workstation and/or web-enabled devices of any type to remotely (i.e. away from Academy property and facilities) access the Academy's server and thereby connect to the Academy's Network. This policy is limited to remote access connections that are used to do work on behalf of or for the benefit of the Academy, including, but not limited to, reading or sending e-mail and reviewing Academy-provided intranet web resources.
Each individual granted remote access privileges pursuant to this policy must adhere to the following standards and regulations:
A. his/her device computer/device must have, at the minimum, the anti-virus software specified in the Academy's standards for remote access and connection;
B. the individual may only access the Network using his/her assigned user name and password;
The individual must not allow other persons, including family members, to use his/her user name and password to login into the Network. The user may not go beyond his/her authorized access.
C. his/her device may not be connected to any other network at the same time s/he is connected to the Network, with the exception of personal networks that are under the complete control of the user;
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7543 - page 279
D. the individual may not access non-school e-mail accounts (e.g. Hotmail, Gmail, Yahoo, AOL, and the like) or other external resources while connected to the Network;
E. his/her device may not, at any time while the individual is using remote access to connect to the Network, be reconfigured for the purpose of split tunneling or dual homing; and
F. use of the Network is contingent upon the individual abiding by the terms and conditions of the Academy's Network and Internet Acceptable Use and Safety policy and procedures.
Users may be required to sign the applicable agreement form (Form 7540.03 F1 or Form 7540.04 F1) prior to being permitted to use remote access.
Additional standards and regulations for remotely accessing and connecting to the Academy network shall be developed and published in AG 7543 - Standards and Regulations for Remote Access and Connection.
Any user who violates this policy may be denied remote access and connection privileges.
Any staff member who violates this policy may be disciplined, up to and including termination; any contractor, vendor or agent who violates this policy may have his/her contract with the Academy terminated; and any student who violates this policy may be disciplined up to and including suspension or expulsion.
BOARD OF DIRECTORS PROPERTY THE NEW STANDARD 7545 - page 280
ELECTRONIC COMMUNICATIONS
The advancement of technology has provided many new ways for individuals to communicate with one another. These electronic communications include social networking sites, instant messaging, text messaging, e-mailing and photo-sharing, among others. Additional methods of electronic communication can be anticipated as the technology continues to evolve.
However, use of such technology must be approached with caution by ESP. Given the nature of the communications, there is a significant potential both for inappropriate use and for alleged inappropriate use. To protect staff and students, the following restrictions are established:
A. Electronic communications with students should be appropriate in tone, content, and quantity. Stalking, harassment, or other unwelcome behaviors are prohibited, including any type of sexually suggestive comments, photos, or graphics.
B. Electronic communications with other employees should be appropriate in tone, content, and quantity. Stalking, harassment, or other unwelcome behaviors are prohibited.
C. Electronic communications with students are only to occur through Academy maintained e-mail accounts or websites.
The ESP may require the employee to produce records for review when there is reason to believe that this policy has been violated. Records within the Academy's control may be reviewed periodically to assure that this policy is being complied with. These may include Internet logs, cell phone records, or other similar documentation.
Questions regarding acceptable electronic communications or unwelcomed electronic communications from someone associated with the Academy should be submitted to ESP.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8000 - page 281
8000 OPERATIONS
8120 Iran Economic Sanctions Act Compliance (L) ....................................... 283
8142 Criminal History Record Check (L) ......................................................... 285
8210 Academy Calendar (BP) ........................................................................... 288
8220 School Day (BP) ....................................................................................... 291
8310 Public Records (L) ................................................................................... 292
8310.01 Enhanced Access To Public Records (L) ............................................... 294
8315 Information Management (BP) ................................................................ 295
8320 Personnel Files (BP) ................................................................................ 298
8321 Criminal Justice Information Security (Non-Criminal Justice Agency) (BP) ............................................................................... 299
8325 Receipt Legal Documents (BP) ............................................................... 305
8330 Student Records (L) ................................................................................. 306
8340 Letters Of Reference (BP) ........................................................................ 312
8350 Confidentiality (BP) .................................................................................. 313
8351 Breach Of Confidential Information (BP) ................................................ 314
8390 Animals On Academy Property (L) ......................................................... 315
8400 Academy Safety Information (L) ............................................................. 319
8401 Fire Safety And Fire Department Notification (L) ................................... 322
8405 Environmental Health And Safety Issues (L).......................................... 323
8405.01 Integrated Pest Management (L) ............................................................. 326
8410 Crisis Intervention (BP) ........................................................................... 328
8420 Emergency Situations At The Academy (BP) ......................................... 329
8431 Preparedness For Toxic Hazard And Asbestos Hazard (L) ................... 332
8442 Reporting Accidents (BP) ........................................................................ 335
8450 Control Of Casual-Contact Communicable Diseases (BP) .................... 336
8450.01 Pediculosis (Head Lice) (BP) ................................................................... 337
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8000 - page 282
8452 Automatic External Defibrillators (AED) (BP) ......................................... 338
8453 Direct-Contact Communicable Diseases (BP) ........................................ 339
8453.01 Control Of Blood-Borne Pathogens (BP) ................................................ 341
8462 Student Abuse And Neglect (BP) ............................................................ 342
8500 Food Services (L) ..................................................................................... 343
8510 Wellness (L) .............................................................................................. 345
8510 Appendix F Board Resolution (L) ............................................................ 348
8531 Free and Reduced-Priced Meals (BP) ..................................................... 349
8540 Vending Machines (L) .............................................................................. 350
8660 Transportation By Private Vehicle (BP) .................................................. 351
8710 Insurance (BP) .......................................................................................... 352
8740 Bonding (BP) ............................................................................................ 353
8800 Religious And Patriotic Ceremonies And Observances (L) .................. 354
8900 Anti-Fraud (L) ........................................................................................... 356
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8120 - page 283
IRAN ECONOMIC SANCTIONS ACT COMPLIANCE
Reference: MCL 329.311 – 329.316
The Academy will not enter into or renew a contract with any Iran linked business while Iran is a State sponsor of terror as defined under Section 2 of the Divestment From Terror Act, 2008 PA 234, MCL 129.292. To this end, and in accordance with the Iran Economic Sanctions Act of Michigan, the Academy shall require a person that submits a bid on a request for proposal with the Academy to certify that it is not an Iran linked business.
If the Academy determines, using credible information available to the public, that a person has submitted a false certification, the Academy shall provide the person with written notice of its determination and of the intent not to enter into or renew a contract with the person. The notice shall include information on how to contest the determination and specify that the person may become eligible for a future contract with the Academy if the person ceases the activities that cause it to be an Iran linked business. The person shall have ninety (90) days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. If a person does not make that demonstration within ninety (90) days after receipt of the notice, the Academy may terminate any existing contract and shall report the name of the person to the attorney general together with information supporting the determination.
"Person" means any of the following:
A. An individual, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group.
B. Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in section 1701(c)(3) of the international financial institutional act, 22 U.S.C. 262r(c)(3).
C. Any successor, subunit, parent company, or subsidiary of, or company under common ownership or control with, any entity described in subparagraph A. or B.
"Iran Linked Business" means either of the following:
A. A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran.
B. A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran.
C. "Iran" means any agency or instrumentality of Iran.
"Energy Sector of Iran" means activities to develop petroleum or natural gas resources or nuclear power in Iran.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8120 - page 284
"Investment" means one (1) or more of the following:
A. A commitment or contribution of funds or property.
B. A loan or other extension of credit.
C. The entry into or renewal of a contract for goods or services.
"Investment activity" means one (1) or more of the following:
A. A person who has an investment of $20,000,000.00 or more in the energy sector of Iran.
B. A financial institution that extends $20,000,000.00 or more in credit to another person, for forty-five (45) days or more, if that person will use the credit for investment in the energy sector of Iran.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8142 - page 285
CRIMINAL HISTORY RECORD CHECK
Reference: MCL 380.1230 et. seq., 380.1535, 380.1535a, 380.1809, 28.722
Before the Academy hires any employee (full or part-time) or allows any individual under contract to continuously and regularly work in the schools, a criminal history records check shall be conducted in accordance with State law.
"Under contract" shall apply to individuals, as well as owners and employees of entities, who contract directly with the Academy or with a third-party vendor, management company, or similar contracting entity, to provide food, custodial, transportation, counseling or administrative services on more than an intermittent or sporadic basis. It shall also apply to individuals or entities providing instructional services to students or related auxiliary services to special education students.
Prior to allowing an individual, who is subject to the criminal history record check requirement, to work in the Academy, the Academy shall submit a fingerprint-based check on the individual, using Michigan State Police (MSP) Form RI-030 (7/2012), regardless of whether the individual will work directly for the Academy or be contracted through a third-party vendor, management company or similar contracting entity ("Private Contractors"). Except as provided below, the report from the MSP must be received, reviewed and approved by the Academy prior the individual commencing work.
Such Private Contractors cannot receive or retain criminal history record information ("CHRI").1 Where the Academy will contract with a Private Contractor for the services of an individual, the Academy will notify the Private Contractor(s), after review of the MSP report, whether the individual has been approved to work within the Academy. The Academy may not give any details, including the fact that a criminal history check was run. Notice for approval to work in the Academy should use the Affidavit of Assignment or similar "red light/green light" procedure.
Should it be necessary to employ a person or contract for a person to maintain continuity of the program prior to receipt of the criminal history report, the School Leader may contract on a provisional basis until the report is received. Any such provisional hire requires that:
A. the record check has been requested;
B. the applicant has signed a disclosure of all convictions and acknowledges that employment may be terminated if there are discrepancies; and
C. the hiring occurs during the school year or not more than thirty (30) days before the beginning of the school year.
For substitute teachers or substitute bus drivers currently working in another district, public school academy or non-public school in the State, the School Leader may use a report received from the State Police by such school to confirm the individual has no criminal history. Absent such confirmation, a criminal history record check shall be performed.
1 Individuals who act on behalf of the Academy, work on a regular or continuous basis in the Academy, are involved in the hiring process of Academy employees, and have successfully undergone a fingerprint-based criminal history record check by the Academy, may continue to submit and receive such criminal history record checks on behalf of the Academy, regardless of their status as employees, contractors, vendors or similar classification.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8142 - page 286
Individuals working in multiple schools may authorize the release of a prior criminal history records check with another school in lieu of an additional check for either direct employment or working regularly and consistently under contract in the schools.
Individuals who previously received a statutorily required criminal background check and who have been continuously employed by a school district, intermediate school district, public school academy or non-public school within the State, with no separation, may have their previous record check sent to the Academy in lieu of submitting to a new criminal background check. If this method is used, the School Leader must confirm that the record belongs to that individual and whether there have been any additional convictions by processing the individual's name, sex and date of birth through the Internet Criminal History Access Tool (ICHAT).
"No separation," for purposes of the preceding paragraph, means a lay-off or leave of absence of less than twelve (12) months with the same employer; or the employee transfers without a break in service to another school district, intermediate school district, public school academy or nonpublic school within the State.
All criminal history record check reports received from the State Police or produced by the State Police and received by the Academy from another proper source will be maintained in the individual's personnel record.
When the Academy receives a report that shows an individual has been convicted of a listed offense under state statutes or any felony, the School Leader shall take steps to verify that information using public records, in accordance with the procedures provided by the State Department of Education.
Verified convictions may result in termination of employment or rejection of an application. The Academy will not hire or continue to employ any individual, either directly or as a contracted employee to work regularly and continuously in the schools, who has been convicted of a "listed" offense as defined in MCL 28.722. The Academy will not hire or continue to employ any individual, either directly or as a contracted employee to work regularly and continuously in the schools, who has been convicted of any felony unless both the School Leader and the Board provide written approval.
The Academy must report as directed by and to the State Department of Education the verified information regarding conviction for any listed offense or conviction for any felony and the action taken by the Academy with regard to such conviction. Such report shall be filed within sixty (60) days or receipt of the original report of the conviction.
The School Leader shall establish the necessary procedures for obtaining from the Criminal Records Division of the State Police any criminal history on the applicant maintained by the State Police. In addition, the School Leader shall request the State Police to obtain a criminal history records check from the Federal Bureau of Investigation.
An applicant must provide, at the Academy's expense, a set of fingerprints, prepared by an entity approved by the Michigan State Police, upon receiving an offer of employment, or as required by State law for continued employment.
Confidentiality
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8142 - page 287
All information and records obtained from such criminal background inquiries and disclosures are to be considered confidential and shall not be released or disseminated to those not directly involved in evaluating the applicant's qualifications. Records involving misdemeanor convictions for sexual or physical abuse or any felony are not subject to these restrictions. Violation of confidentiality is considered a misdemeanor punishable by a fine up to $10,000.
Any notification received from the Michigan Department of Education or Michigan State Police regarding Academy employees with criminal convictions shall be exempt from disclosure under the Freedom of Information Act (FOIA) for the first fifteen (15) days until the accuracy of the information can be verified. Thereafter, only information about felony convictions or misdemeanor convictions involving physical or sexual abuse may be disclosed in reference to a FOIA request.
Criminal history reports may be released with the written authorization of the individual.
Records may also be released, in accordance with statute, upon the request of a school district, intermediate school district, public school academy or non-public school when the individual is an applicant for employment at such school and there has been no separation from service, as defined in this policy and by statute.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8210 - page 288
ACADEMY CALENDAR
Reference: MCL 380.1284, 1284(a), 1284(b), 1175, 388.1701 AC Rule R340.10 et. seq.
The Board shall determine annually the total number of days the Academy will be in session for instructional purposes. For purposes of receiving state school aid, the number of days and hours will be in accordance with Michigan law. The Board shall ensure the Academy is not in session for students before Labor Day.
If the Academy receives services from the Intermediate School District and is located within the ISD, the board shall ensure that the Academy calendar complies with the common school calendar adopted by the ISD. The ESP is authorized to work with the ISD on the development of a common calendar for all of the public schools in the Intermediate School District. The Board shall adopt annually a five (5) year school calendar that identifies dates for each school year when school will not be in session for at least a winter holiday break and a spring break. The calendar will identify these dates specifically for at least the next five (5) school years.
A school session shall not be held on the following public holidays in Michigan Public Schools: January 1 (New Year's Day); the last Monday of May (Memorial or Decoration Day); July 4th, Independence Day; the first Monday in September (Labor Day); the fourth Thursday of November (Thanksgiving Day); and December 25 (Christmas Day).
If any of these days falls on Sunday, the Monday following shall be a public holiday in the public schools.
The Academy shall provide at least 1,098 hours of pupil instruction per school year.
If the Academy's school year is scheduled to begin before Labor Day the ISD may provide programs or services according to the Academy's calendar;
A. If the ISD contracted with the Academy to provide programs or services for pupils of the Academy; or
B. If the ISD operated a program or service within a building owned by the Academy; and
C. If the building/program/service Is within the ISD's boundaries, or otherwise provided instructional programs or services for pupils of the Academy.
No more than thirty (30) hours of student instruction lost due to conditions not within the control of the Academy such as severe storms, fires, epidemics, and health conditions can be counted as a part of the required minimum hours of instruction. All subsequent hours lost for instruction cannot be counted for state school aid, unless they occur after April 1, are due to unusual and extenuating occurrences resulting from conditions not within the control of the Academy authorities such as those conditions described above and are approved by the State Superintendent of Instruction. Hours lost due to strikes by school staff or to teacher conferences shall not be counted as hours of instruction.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8210 - page 289
The Educational Service Provider shall certify to the Department of Education by no later than August 1st of each year, the number of hours of student instruction during the previous school year.
PUBLIC SCHOOL SERVICES CHECKLIST
Below is a checklist for the types of services that a Public School Academy ("PSA") may receive from an intermediate school district ("ISD"). An affirmative answer to any of these questions may indicate that the PSA is a "constituent district" for purposes of the common calendar requirement contained in Public Act 101. Further analysis may be required, however, to determine whether the PSA actually does qualify as a "constituent district."
In 2007, the Legislature passed, and the Governor signed, SB 549: a bill to amend the Michigan Revised School Code. That bill, now Public Act 101 of 2007, requires ISDs, in cooperation with their constituent school districts, to adopt a common calendar applicable to all constituent school districts by July 1, 2008. The Act defines a "constituent district" as a "constituent district of the ISD or a public school academy that is located within the bounds of the intermediate school district and that receives services from the intermediate school district." MCL 380.1284a (emphasis added).
A. Services Provided by an ISD Under Section 627 of the Revised School Code
Has the PSA ever received any of the following services or items from an ISD? Please check all that apply.
1. Core-curriculum development services
2. Core-curriculum evaluation services
3. School improvement plan preparation services
4. ISD dissemination of information concerning school improvement plans
5. Annual education report preparation services
6. Professional development services
7. Educational research services
8. Compilation of data regarding instructional objectives, instructional resources, pupil demographics, and pupil academic achievement
9. Assistance in obtaining accreditation
10. General technical assistance
11. Data processing services
12. Payroll services
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8210 - page 290
13. Class scheduling services
14. Distance learning services, including coordination and delivery of those services
15. Transportation services
B. Services Provided by an ISD Under Section 671 of the Revised School Code
Has the PSA ever received any of the following services or items from a regional educational center operated by an ISD? Please check all that apply.
1. Instructional materials
2. Duplication services for such items as transparencies, slides, filmstrips, charts, audio tapes, and video tapes
3. Training services
4. Coordinated use of instructional materials
5. Technical and maintenance services
6. Library services
7. Central purchasing services
8. Production services for instructional materials
C. Other Services that May be Provided by an ISD.
Has the PSA ever received any of the following services or items from an ISD? Please check all that apply.
1. Participation in an area career and technical education program operated by an ISD or a local school district
2. Any comprehensive school improvement support services not previously mentioned
3. Any business services not previously mentioned
4. Any services from a regional educational media center operated by an ISD not previously mentioned
5. Special education services
6. Any other services for which the PSA has paid or contracted
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8220 - page 291
SCHOOL DAY
Reference: MCL 380.1284
The Board authorizes the school day to be arranged and scheduled by the ESP It is to offer the maximum education for the time spent within the limitations of school facilities and the laws and regulations of the State.
The ESP may close the school, delay the opening of school, or dismiss school early when such alteration in the regular session is required for the protection of the health and safety of students and staff members. The ESP shall prepare rules for the proper and timely notification of concerned persons and parents in the event of any emergency closing of the Academy.
The ESP shall have the authority to determine which school-related activities may be conducted if the Academy is closed for a period of time. The ESP shall prepare appropriate guidelines for communication to students, parents, and others regarding the scheduling and conduct of such activities.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8310 - page 292
PUBLIC RECORDS
Reference: MCL 15.231 et seq. MCL 445.81 et seq. Michigan Federation of Teachers v. University of Michigan, 481 Mich. 657 (2008)
The Board recognizes its responsibility to maintain the public records of the Academy and to make such records available to residents of Michigan for inspection and reproduction.
The public records of the Academy include any writing or other means of recording or retaining meaningful content prepared, owned, used, in the possession of, or retained by the Academy, its Board, officers, or ESP employees, subject to certain exemptions according to the Michigan Freedom of Information Act (FOIA).
Any person may make a written request for any public records of the Academy. The person may inspect, copy, or receive copies of the public record requested. The Academy shall respond to such requests within five (5) working days after receipt unless otherwise agreed to in accordance with the Freedom of Information Act.
An individual may purchase copies of the Academy's public records upon payment of a fee. No original public record may be removed from the office in which it is maintained except by a Board officer or employee in the course of the performance of his/her duties. Neither the the Board nor ESP shall permit the release of the social security number of an employee, student, or other individual except as authorized by law (see Policy 8350 and AG 8350).
The Board authorizes the ESP to provide, upon written request, enhanced i.e. immediate access to any public record which the Academy has stored in an electronic database and is not confidential or exempt from disclosure by State or Federal statute. Such a record may be provided by means of a computer disk provided by the requestor, electronic mail, or a modem providing the requestor has paid the fee established for such transmission.
The Board has determined that personal and confidential information provided to and retained by the Academy on parents, students, staff and others will be considered exempt from disclosure pursuant to a Freedom of Information Act request, unless advised specifically by the Academy's legal counsel that the particular information must be released. Such personal and confidential information shall include home addresses, telephone numbers, e-mail addresses or website pages (e.g. My Space, Facebook), except as they are specifically related to the operation of the schools, or specifically authorized for release by the individual, or the parent/guardian if the individual is a minor.
Nothing in this policy shall be construed as preventing a Board member from inspecting in the performance of his/her official duties any record of the Academy, except student records and certain portions of personnel records.
The ESP is authorized to dispose of correspondence on a daily basis including those transmitted by means of voice mail or E-mail, providing the message does not alter existing Academy records.
The ESP is responsible for transmission of data contained in the single record student data base established by the Michigan Department of Education. Such transmission shall be in accordance with procedures established by the Genesee Intermediate School District and the Center for Educational Performance and Information (CEPI).
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8310 - page 293
The ESP shall establish Administrative Procedures to ensure proper compliance with the intent of this policy and the Freedom of Information Act.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8310.01 - page 294
ENHANCED ACCESS TO PUBLIC RECORDS
Reference: MCL 15.443 [Note: If the Board elects to provide enhanced access to public records of the School by passage of a formal resolution to that effect, the following policy shall apply]
The Academy shall provide enhanced access to public records in accordance with the Enhanced Access to Public Records Act, 1996 PA 462, as amended.
The ESP shall be charged with compliance with the Act and with this policy. Public records obtained pursuant to the Act shall be provided at a reasonable fee, established by the ESP.
The ESP shall develop Administrative Procedures to ensure compliance with this policy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8315 - page 295
INFORMATION MANAGEMENT
Reference: Federal Rules of Civil Procedure 34, 37(f)
The Board recognizes its responsibility, in certain circumstances, to maintain information created, maintained or otherwise stored by the Academy outside the "Records Retention Schedule". In such situations, a "Litigation Hold" procedure will be utilized to identify and preserve information relevant to a specific matter. "Information" includes both paper documents and electronically stored information ("ESI"). When implementing the "Litigation Hold," the Academy will identify individuals in possession or custody of paper documents, ESI and electronic media containing ESI, and inform them of their obligation to preserve the documents and ESI outside the "Records Retention Schedule". The Academy will also identify third parties with custody or control over paper documents, ESI, or electronic media storing ESI, and request them to preserve that information. All information falling within a "Litigation Hold," which is under the control of the Academy, must be preserved in a readily accessible form and cannot be disposed of under the "Records Retention and Disposal" requirements. Failure to comply with a Litigation Hold notice ***P 8315 Disciplinary Action*** result in disciplinary action, up to and including possible termination.
Instances where the Board must maintain information outside the "Records Retention Schedule" include:
A. when the Board has specific information and/or written notice from an individual, parent or student of an intent to file an appeal of student discipline to State court;
B. when the Board has specific information and/or written notice that litigation is imminent even though the litigation has not yet been filed in Federal or State court;
C. when the Board is served with litigation, including, but not limited to, notice of a lawsuit in Federal or State court, or notice of a student disciplinary appeal to State court;
D. when the Board receives specific information and/or written notification from an employee, labor union, or other person of an intent to file a claim against the Board, its members, ESP employees or agents at an administrative agency such as the Equal Employment Opportunity Commission, Michigan Employment Relations Commission, U.S. Department of Education Office for Civil Rights, State Personnel Board of Review, or a Civil Service Commission regarding a claim against the Board, its members, ESP employees or agents;
E. when the Board receives specific information and/or written notification from an administrative agency such as the Equal Employment Opportunity Commission, Michigan Employment Relations Commission, U.S. Department of Education Office for Civil Rights, State Personnel Board of Review, or a Civil Service Commission regarding a claim against the Board, its members, ESP employees or agents;
F. when the Board receives written notification from a third party requesting that the Board maintain information that could be at issue in litigation or potential litigation against that third party;
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8315 - page 296
G. when the ESP recommends the termination of an employee to the Board pursuant to a labor contract;
H. when the Board explores, contemplates or initiates litigation.
Definitions
"Documents" includes, but is not limited to, writings, drawings, graphs, charts, photographs, blueprints, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained or translated if necessary.
"ESI" includes, but is not limited to, writings, drawings, graphs, charts, photographs, blueprints, sound recordings, images and other data or data compilations stored in any electronic media from which information can be obtained or translated if necessary. It includes, but is not limited to, emails, e-mail attachments, instant messages, word processing files, spreadsheets, pictures, application program and data files, databases, data files, metadata, system files, electronic calendar appointments, scheduling program files, TIFF files, PDF files, MPG files, JPG files, GIF files, network share files, internal websites, external websites, newsgroups, directories, security and access information, legacy data, audio recordings, voice mails, phone logs, faxes, internet histories, caches, cookies or logs of activity on computer systems that may have been used to process or store electronic data.
"Electronic media" includes, but is not limited to, hard drives (including portable hard disk drives "HDD's"), floppy drives, disaster recovery media, and storage media (including DVD's, CD's, floppy discs, Zip discs/drives, Jazz discs/drives, USB memory drives, jump disc/drives, flash discs/drives, keychain discs/drives, thumb discs/drives, smart cards, micro-film, backup tapes, cassette tapes, cartridges, etc.), accessed, used and/or stored on/in/through the following locations: networks and servers; laptop and desktop work computers; home and personal computers; other computer systems; backup computers or servers; archives; personal digital assistants ("PDAs" – including Palm, Blackberry, cellular phone, tablet PC, etc.); pagers; firewalls; audit trails and logs, printers; copiers; scanners; digital cameras; photographic devices; and video cameras and devices. Electronic media shall also include any item containing or maintaining ESI that is obtained by the Academy for Board member or employee usage or that an employee uses for such purpose (even if privately owned by the Board member or employee) from the date this policy is adopted into the future.
Initiation and Removal of a "Litigation Hold"
The Board or the ESP may initiate a "Litigation Hold" under this policy. If the ESP initiates a "Litigation Hold," s/he or the Board's legal counsel will notify the Board of the reason the Litigation Hold was instituted and its scope. When implementing a Litigation Hold, the Board or ESP ( ) may ( ) will utilize an Electronically Stored Information Team ("ESI Team"). The Board's legal counsel shall be involved in implementation of the "Litigation Hold Procedure" outlined in AG 8315.
A "Litigation Hold" shall remain in place until removed by the Board. A "Litigation Hold" may be removed when the litigation or administrative agency matter has been resolved or can no longer be initiated. Any information maintained under this policy shall fall back under the "Records Retention Schedule" once the "Litigation Hold" is removed.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8315 - page 297
The ESP shall develop Administrative Procedures outlining the procedures to be followed by Board members and employees when initiating and implementing a "Litigation Hold." This policy and its related Administrative Procedures shall be posted and distributed in the manner described in AG 8315.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8320 - page 298
PERSONNEL FILES
The ESP, as the employer of record for all staff, shall be responsible for establishing and maintaining appropriate personnel files.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 299
CRIMINAL JUSTICE INFORMATION SECURITY (NONCRIMINAL JUSTICE AGENCY)
Reference: Criminal Justice Information Services - Security Policy (Version 5.2, 2013), U.S. Dept. of Justice and Federal Bureau of Investigation Noncriminal Justice Agency Compliance Audit Review, Michigan State Police, Criminal Justice Information, Center, Audit and Training Section Conducting Criminal Background Checks, Michigan State Police, Criminal Justice Information Center
The Academy is required by State law to have the Michigan State Police (MSP) obtain both a State and a Federal Bureau of Investigation (FBI) criminal history record information (CHRI) background check report for all employees of the Academy and contractors, vendors and their employees who work on a regular and continuous basis in the Academy. To assure the security, confidentiality, and integrity of the CHRI background check information received from the MSP/FBI the following standards are established.
Sanctions for Non-Compliance
Employees who fail to comply with this policy and any guidelines issued to implement this policy will be subject to discipline for such violations. Discipline will range from counseling and retraining to discharge, based on the nature and severity of the violation. All violations will be recorded in writing, with the corrective action taken. The School Leader shall review, approve, sign and date all such corrective actions.
Local Agency Security Officer (LASO)
The School Leader shall be designated as the Academy's Security Officer and shall be responsible for overall implementation of this policy and for data and system security. This shall include:
A. ensuring that personnel security screening procedures are being followed as set forth in this policy;
B. ensuring that approved and appropriate security measures are in place and working as expected;
C. supporting policy compliance and instituting the CSA incident response reporting procedures;
D. ensuring the CSA ISO is promptly informed of any security incidents involving the abuse or breach of the system and/or access to criminal justice information;
E. to the extent applicable, identifying and documenting how Academy equipment is connected to the Michigan State Police system;
F. to the extent applicable, identify who is using the Michigan State Police approved hardware, software and firmware, and ensuring that no unauthorized individuals have access to these items.
The Academy's LASO shall be designated on the appropriate form as prescribed and maintained by the Michigan State Police.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 300
Agency User Agreements
The Academy shall enter into any User Agreement required, and future amendments, by the Michigan State Police necessary to access the required CHRI on applicants, volunteers, and all other statutorily required individuals, such as contractors and vendors and their employees assigned to the Academy. The LASO shall be responsible for the Academy's compliance with the terms of any such User Agreement.
Personnel Security
All individuals that have access to any criminal justice information shall be subject to the following standards.
A. Background Checks - A Michigan (or state of residency if other than Michigan) and a national fingerprint-based criminal history record check shall be conducted within thirty (30) days of assignment to a position with direct access to criminal justice information or with direct responsibility to configure and maintain computer systems and networks with direct access to criminal justice information.
1. A felony conviction of any kind will disqualify an individual for access to criminal justice information.
2. If any other results/records are returned, the individual shall not be granted access until the LASO reviews and determines access is appropriate. This includes, but is not limited to, any record which indicates the individual may be a fugitive or shows arrests without convictions. Such approval shall be recorded in writing, signed, dated and maintained with the individual's file.
3. Support personnel, contractors, vendors and custodial workers with access to physically secure locations or controlled areas (during criminal justice information processing) are subject to the same clearance standards as other individuals with access, unless they are escorted by authorized personnel at all times when in these locations or areas.
B. Subsequent Arrest/Conviction - If an individual granted access to criminal justice information is subsequently arrested and/or convicted, access shall be suspended immediately until the matter is reviewed by the LASO to determine if continued access is appropriate. Such determination shall be recorded in writing, signed, dated and maintained with the individual's file. In the event that the LASO has the arrest/conviction, the School Leader (if not the designated LASO) shall make the determination.
C. Public Interest Denial - If the LASO determines that access to criminal justice information by any individual would not be in the public interest, access shall be denied whether that person is seeking access or has previously been granted access. Such decision and reasons shall be in writing, signed, dated and maintained in the individual's file. D. Approval for Access - All requests for access to criminal justice information shall be as specified and approved by the LASO. Any such designee must be an employee of the Academy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 301
E. Termination of Employment/Access - Upon termination of employment, all access to criminal justice information shall be terminated for that individual, and steps taken to assure security of such information and any systems at the Academy to access such information.
F. Transfer/Re-assignment - When an individual who has been granted access to criminal justice information has been transferred or re assigned to other duties, the LASO shall determine whether continued access is necessary and appropriate. If not, s/he shall take such steps as necessary to block further access to such information.
G. Contractors and Vendors2 - Prior to granting access to criminal justice information to a contractor or vendor, identification must be verified via a Michigan (or state of residency if other than Michigan) or national fingerprint based criminal history record check. A felony conviction of any kind, as well as any outstanding arrest warrant, will disqualify a contractor or vendor for access to criminal justice information. A contract or vendor with misdemeanor offense(s) may be granted access if the LASO determines the nature or severity of the misdemeanor offense(s) does not warrant disqualifications. If any other results/records are returned, the individual shall not be granted access until the LASO reviews and determines access is appropriate.
Media Protection
Access to electronic and physical media in all forms, which contains criminal history background information provided by the Michigan State Police through the statutory record check process, is restricted to authorized individuals only. Only individuals involved in the hiring process of Academy employees, including contractors and vendors who act on behalf of, and work on a regular and continuous basis in, the Academy, shall be authorized to access electronic and physical media containing CHRI.
A. Media Storage and Access – All electronic and physical media shall be stored in a physically secure location or controlled area, such as locked office, locked cabinet or other similarly secure area(s) which can only be accessed by authorized individuals. If such security cannot be reasonably provided, then all electronic CHRI background data shall be encrypted.
B. Media Transport – Electronic and physical media shall be protected when being transported outside of a controlled area. Only authorized individuals shall transport the media. It shall be directly delivered to the intended person or destination and shall remain in the physical control and custody of the authorized individual at all times during transport. Access shall only be allowed to an authorized individual.
2 For purposes of Section 4(G), contractors and vendors are individuals who act on behalf of the Academy, work on a regular or continuous basis in the Academy, and are involved in the hiring process of Academy employees. For example, this might be a third-party provided manager or support staff person working in the personnel department. It does authorize third party contractors or vendors to directly perform the criminal background checks in lieu of the Academy, or to access criminal justice information for the contractor's or vendor's own review.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 302
To the extent possible, electronic media (e.g., hard drives and removable storage devices such as disks, tapes, flash drives and memory cards) shall be either encrypted and/or be password protected during the transport process.
C. Media Disposal/Sanitization – When the CHRI background check is no longer needed, the media upon which it is stored shall either be destroyed or sanitized. The LASO and the School Leader shall approve in writing the media to be affected. This record shall be maintained by the LASO for a period of at least five (5) years. [Note: the regulations do not specify a specific period for maintaining this information. This time period is suggested as it will likely cover most statutes of limitation and can be retained in electronic format.]
1. Electronic Media - Sanitization of the media and deletion of the data shall be accomplished by either overwriting at least three (3) times or by degaussing, prior to disposal or reuse of the media. If the media is inoperable or will not be reused, it shall be destroyed by shredding, cutting, or other suitable method to assure that any data will not be retrievable.
2. Physical Media – Disposal of documents, images or other type of physical record of the criminal history information shall be cross-cut shredded or incinerated. Physical security of the documents and their information shall be maintained during the process by authorized individuals. Documents may not be placed in a waste basket or burn bag for unauthorized individuals to later collect and dispose of.
All disposal/sanitization shall be either conducted or witnessed by authorized personnel to assure that there is no misappropriation of or unauthorized access to the data to be deleted. Written documentation of the steps taken to sanitize or destroy the media shall be maintained for ten (10) years, and must include the date as well as the signatures of the person(s) performing and/or witnessing the process. (See also, AG 8321.)
CHRI Background Check Consent and Documentation
All individuals requested to complete a fingerprint-based CHRI background check must have given written consent – properly signed and dated – at time of application and be notified fingerprints will be used to check the criminal history records of the FBI, prior to completing a fingerprint-based CHRI background check. The Livescan form (RI-030) will satisfy this requirement and must be retained. Individuals subject to a fingerprint-based CHRI background check shall be provided the opportunity to complete or challenge the accuracy of the individual's criminal history record.
Some type of documentation identifying the position for which a fingerprint-based CHRI background check has been obtained must be retained for every CHRI background check conducted, such as an offer letter, job posting indicating successful candidate, Board minutes of approved hiring for particular position, etc.
Controlled Area
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 303
All CHRI obtained from the Michigan State Police pursuant to the statutorily required background checks shall be maintained in a controlled area, which shall be a designated office, room, area or lockable storage container. The following security precautions will apply to the controlled area:
A. Limited unauthorized personnel access to the area during times that criminal justice information is being processed or viewed.
B. The controlled area shall be locked at all times when not in use or attended by an authorized individual.
C. Information systems devices (e.g., computer screens) and physical documents, when in use, shall be positioned to prevent unauthorized individuals from being able to access or view them.
D. Encryption shall be used for electronic storage of criminal justice information. (See AG 8321.)
Passwords (Standard Authentication)3
All authorized individuals with access to computer or systems where processing is conducted or containing criminal justice information must have a unique password to gain access. This password shall not be used for any other account to which the individual has access and shall comply with the following attributes and standards:
A. at least eight (8) characters long on all systems;
B. not be a proper name or a word found in the dictionary;
C. not be the same as the user identification;
D. not be displayed when entered into the system (must use feature to hide password as typed);
E. not be transmitted in the clear outside of the secure location used for criminal justice information storage and retrieval;
F. must expire and be changed every ninety (90) days; and
G. renewed password cannot be the same as any prior ten (10) passwords used (See also, AG 8321.) Security Awareness Training
All individuals who are authorized by the Academy to have access to criminal justice information or to systems which store criminal justice information shall have basic security awareness training within six (6) months of initial assignment/authorization and every two (2) years thereafter. The training shall, to the extent possible, be received through the Michigan State Police or a program approved by the Michigan State Police. At a minimum, the training shall comply with the standards
3 Applicable to Academies that maintain CHRI within an electronic system of records, such as an electronic database, filing system, record keeping software, spreadsheets, etc. Not applicable if CHRI kept solely via e-mail and/or paper copies.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8321 - page 304
established by U.S. Department of Justice and Federal Bureau of Investigation for Criminal Justice Information Services. (See AG 8321.)
Secondary Dissemination of Information
If criminal history background information received from the Michigan State Police is released to another authorized agency under the sharing provision designated by The Revised School Code, a log of such releases shall be maintained and kept current indicating:
A. the date of release;
B. record disseminated;
C. method of sharing;
D. agency personnel that shared the CHRI;
E. the agency to which the information was released; and
F. whether an authorization was obtained.
A log entry need not be kept if the receiving agency/entity is part of the primary information exchange agreements between the Academy and the Michigan State Police.
If CHRI is received from another Academy, district or outside agency, an Internet Criminal History Access Tool (ICHAT) background check shall be performed to ensure the CHRI is based on personal identifying information, including the individual's name, sex, and date of birth, at a minimum.
Audit Retention
The Academy shall retain audit records (position description, consent, and CHRI for both applicants that are hired and those that are not) for at least 365 days. Audit records must continue to be maintained until it is determined they are no longer needed for administrative, legal, audit, or other operational purposes. This includes, for example, retention and availability of audit records subject to Freedom of Information Act (FOIA) requests, subpoena, litigation hold and law enforcement actions.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8325 - page 305
RECEIPT LEGAL DOCUMENTS
Service of Process on the Board
In suits against the Board, only the Board President or ESP accepts service on behalf of the Board.
Service of Legal Documents on Board Employees
Board employees may be served with legal documents (1) requesting not only public records (such as employees’ personnel files), but also student education records and other documents and electronically stored information maintained by the Academy, or (2) directing them to testify at a deposition or hearing concerning issues that fall within the employees’ employment responsibilities.
An employee served with legal documents in his/her official capacity as a Board employee shall immediately provide copies of those legal documents to his/her Principal or site administrator.
The Principal or site administrator shall immediately furnish copies to the ESP and shall follow his/her directives.
Generally, confidential personnel records, student records, or personal observations or opinions about student behavior/academic performance do not have to be disclosed. The law makes an exception for a subpoena or court order.
Board policy requires the Principal or a site administrator to release only the documents specifically identified in the subpoena or order. In circumstances where, in responding to a subpoena or order, information is developed or summarized from the student's education records, a copy of that information and a statement of the purpose for which it was prepared shall be filed in the student’s cumulative folder.
If doing so is in the Board’s best interest, the Principal or site administrator or Board attorney shall accompany the employee to the deposition or hearing.
Actions Against the Board
In actions against the Board, it is not unusual for Board employees to be served with subpoenas and/or called as witnesses. Board legal counsel and the ESP will assist Board employees in these matters.
Independent Legal Counsel
This policy does not prohibit Board employees from consulting with their own independent legal counsel, but they are prohibited from discussing or releasing student personally identifiable information to a third party except as expressly authorized by Board Policy (Policy 8330).
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 306
STUDENT RECORDS
Reference: MCL 380.1135 Letter, April 6, 2004 Jeremy Hughes, Deputy Supt. Department of Education 34 C.F.R. Part 99, 2002 Section 444 of subpart of part C of the General Education Provisions Act Title IV of Public Law 90-247 20 USC, Section 1232f through 1232i (FERPA) 20 USC 1400 et seq., Individuals with Disabilities Education Improvement Act 20 USC 7165(b) 26 USC 152 20 USC 7908
In order to provide appropriate educational services and programming, the Board must collect, retain, and use information about individual students. Simultaneously, the Board recognizes the need to safeguard student's privacy and restrict access to student's personally identifiable information.
Student "personally identifiable information" ("PII") includes, but is not limited to: the student's name; the name of the student's parent or other family members; the address of the student or student's family; a personal identifier, such as the student's social security number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the Academy reasonably believes knows the identity of the student to whom the education record relates.
The Board is responsible for maintaining records of all students attending the Academy. Only records mandated by the State or Federal government and/or necessary and relevant to the function of the Academy or specifically permitted by this Board will be compiled by employees. The Board hereby authorizes collection of the following student records, in addition to the membership record required by law:
A. observations and ratings of individual students by professional staff members acting within their sphere of competency
B. information obtained from professionally acceptable standard instruments of measurement such as:
1. achievement tests
C. authenticated information provided by a parent or eligible student concerning achievements and other school activities which the parent or student wants to make a part of the record
1. verified reports of serious or recurrent behavior patterns
2. attendance records
3. custodial arrangements
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 307
In all cases, permitted, narrative information in student records shall be objectively based on the personal observation or knowledge of the originator.
Student records shall be available only to students and their parents, eligible students, and designated Academy officials who have a legitimate educational interest in the information, or to other individuals or organizations as permitted by law. The term "parents" includes legal guardians or other persons standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child). The term "eligible student" refers to a student who is eighteen (18) years of age or older or a student of any age who is enrolled in a postsecondary institution.
In situations in which a student has both a custodial and a noncustodial parent, both shall have access to the student's educational records unless stipulated otherwise by court order. In the case of eligible students parents will be allowed access to the records without the student's consent, provided the student is considered a dependent under section 152 of the Internal Revenue Code.
An Academy official is a person employed by the ESP as an administrator, supervisor, teacher/instructor (including substitutes), or support staff member (including health or medical staff and law enforcement unit personnel); and a person serving on the Board. The Board further designates the following individuals and entities as "school officials" for the purpose of FERPA:
A. persons or companies with whom the Board has contracted to perform a specific task (such as an attorney, auditor, insurance representative, or medical consultant);
B. contractors, consultants, volunteers or other parties to whom the Board has outsourced a service or function otherwise performed by the Board employees (e.g. a therapist, authorized information technology (IT) staff, and approved online ESPs).
The above-identified outside parties must (a) perform institutional services or functions for which the Board would otherwise use its employees, (b) be under the direct control of the Board with respect to the use and maintenance of education records, and (c) be subject to the requirements of 34 CFR 99.33(a) governing the use and re-disclosure of PII from education records.
Finally, a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks (including volunteers) is also considered an “Academy official” for purposes of FERPA provided s/he meets the abovereferenced criteria applicable to other outside parties.
"Legitimate educational interest" shall be defined as a "direct or delegated responsibility for helping the student achieve one (1) or more of the educational goals of the Academy" or if the record is necessary in order for the Academy official to perform an administrative, supervisory or instructional task or to perform a service or benefit for the student or the student's family. The Board directs that reasonable and appropriate methods (including but not limited to physical and/or technological access controls) are utilized to control access to student records and to make certain that Academy officials obtain access to only those education records in which they have legitimate educational interest.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 308
The Board authorizes the administration to:
A. forward student records, including any suspension and expulsion action against the student, on request to a school or school district in which a student of the Academy seeks or intends to enroll upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;
B. provide "personally-identifiable" information to appropriate parties, including parents of an eligible student, whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, if there is an articulable and significant threat to the health or safety of a student or other individuals, considering the totality of the circumstances;
C. report a crime committed by a child with or without a disability to appropriate authorities and, with respect to reporting a crime committed by a student with a disability, to transmit copies of the student's special education records and disciplinary records including any suspension and expulsion action against the student to the authorities and Academy officials for their consideration;
D. release de-identified records and information in accordance with Federal regulations;
E. disclose personally identifiable information from education records, without consent, to organizations conducting studies "for, or on behalf of" the Academy for purposes of developing, validating or administering predictive tests, administering student aid programs, or improving instruction;
Information disclosed under this exception must be protected so that students and parents cannot be personally identified by anyone other than representative of the organization conducting the study, and must be destroyed when no longer needed for the study. In order to release information under this provision, the Academy will enter into a written agreement with the recipient organization that specifies the purpose of the study. (See Form 8330 F14.) Further, the following personally identifiable information will not be disclosed to any entity: a student or his/her family member’s social security number(s); religion; political party affiliation; voting history; or biometric information.
While the disclosure of personally identifiable information (other than social security numbers, religion, political party affiliation, voting record, or biometric information) is allowed under this exception, it is recommended that de-identifiable information be used whenever possible. This reduces the risk of unauthorized disclosure.
F. disclose personally identifiable information from education records without consent, to authorized representatives of the Comptroller General, the Attorney General, and the Secretary of Education, as well as state and local educational authorities. The disclosed records must be used to audit or evaluate a federal or state supported education program, or to enforce or comply with Federal requirements related to those education programs. A written agreement between the parties is required under this exception. (See Form 8330 F16)
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 309
The Academy will verify that the authorized representative complies with FERPA regulations.
G. request each person or party requesting access to a student's record to abide by the Federal regulations concerning the disclosure of information.
The Board will comply with a legitimate request for access to a student's records within a reasonable period of time but not more than forty-five (45) days after receiving the request or within such shorter period as may be applicable to students with disabilities. Upon the request of the viewer, a record shall be reproduced, unless said record is copyrighted, and the viewer may be charged a fee equivalent to the cost of handling and reproduction. Based upon reasonable requests, viewers of education records will receive explanation and interpretation of the records. The Board shall maintain a record of those persons to whom information about a student has been disclosed. Such disclosure records will indicate the student, person viewing the record, information disclosed, date of disclosure, and date parental/eligible student consent was obtained (if required).
Only "directory information" regarding a student shall be released to any person or party, other than the student or his/her parent, without the written consent of the parent; or, if the student is an eligible student, the written consent of the student, except those persons or parties stipulated by the Board policy and Administrative Procedures and/or those specified in the law.
The Board shall exempt from disclosure directory information, as requested for the purpose of surveys, marketing, or solicitation, unless the Board determines that the use is consistent with the educational mission of the Board and beneficial to the affected students. The Board may take steps to ensure that directory information disclosed shall not be used, rented, or sold for the purpose of surveys, marketing, or solicitations. Before disclosing the directory information, the Board may require the requester to execute an affidavit stating that directory information provided shall not be used, rented, or sold for the purpose of surveys, marketing, or solicitation.
DIRECTORY INFORMATION
Each year the ESP shall provide public notice to students and their parents of the Academy's intent to make available, upon request, certain information known as "directory information." The Board designates as student "directory information":
A. a student's name;
B. address;
C. telephone number.
Parents and eligible students may refuse to allow the Academy to disclose any or all of such "directory information" upon written notification to the Academy within 10 days after receipt of the Academy's public notice.
Armed Forces Recruiting
The Board shall provide United States Armed Forces recruiters with at least the same access to the high school campus and to student directory information (names, addresses, and telephone
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 310
listings of secondary students) as is provided to other entities offering educational or employment opportunities to those students. "Armed forces of the United States" means the armed forces of the United States and their reserve components and the United States Coast Guard.
If a student or the parent or legal guardian of a student submits a signed, written request to the Board that indicates that the student or the parent or legal guardian does not want the student's directory information to be accessible to official recruiting representatives, then the officials of the school shall not allow that access to the student's directory information. The Board shall ensure that students and parents and guardians are notified of the provisions of the opportunity to deny release of directory information.
Public notice shall be given regarding the right to refuse disclosure of any or all "directory information" including to the armed forces of the United States and the service academies of the armed forces of the United States.
A fee, not to exceed the actual costs incurred by the high school, for copying and mailing student directory information under this section, may be charged an official recruiting representative.
Directory information received under armed services authorization request shall be used only to provide information to students concerning educational and career opportunities available in the armed forces of the United States or the service academies of the armed forces of the United States. An official recruiting representative who receives student directory information under this section shall not release that information to a person who is not involved in recruiting students for the armed forces of the United States or the service academies of the armed forces of the United States.
Annually the Board will notify male students age eighteen (18) or older that they are required to register for the selective service.
Requests to the Academy Records Officer shall be presented on a standardized form developed by the armed forces of the United States requesting access to a high school campus and a time for the access. Requests should bear the signature of the ranking recruiting officer of the armed service making the request.
Whenever consent of the parent(s)/eligible student is required for the inspection and/or release of a student's education records or for the release of "directory information", either parent may provide such consent unless stipulated otherwise by court order. If the student is under the guardianship of an institution, the School Leader shall appoint a person who has no conflicting interest to provide such written consent.
The Board may disclose "directory information" on former students without student or parental consent, unless the parent or eligible student previously submitted a request that such information not be disclosed without their prior written consent.
The Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose.)
The Board may establish online access for the parents or the eligible student to the student's confidential academic and attendance record. To authorize such access, the parents or the eligible student must sign a release (see Form 8330 F10). This release shall remind the parents
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8330 - page 311
or eligible student that the account and confidential information about the student is only as secure as they keep their account information. Neither the ESP nor its employees will be held responsible for any breach of this policy by the parent/eligible student or any unauthorized party.
The ESP shall prepare Administrative Procedures to ensure that students and parents are adequately informed each year regarding their rights to:
A. inspect and review the student's education records;
B. request amendments if the record is inaccurate, misleading, or otherwise in violation of the student's rights;
C. consent to disclosures of personally-identifiable information contained in the student's education records, except to unauthorized disclosures allowed by the law;
D. challenge the Board's noncompliance with a parent's request to amend the records through a hearing;
E. file a complaint with the United States Department of Education;
F. obtain a copy of the Board's policy and Administrative Procedures on student records.
The ESP shall also develop procedural guidelines for:
A. the proper storage and retention of records including a list of the type and location of records;
B. informing employees of the Federal and State laws concerning student records.
The Board authorizes the use of the microfilm process or electromagnetic processes of reproduction for the recording, filing, maintaining, and preserving of records.
No liability shall attach to any member, officer, or ESP employees of the Academy specifically as a consequence of permitting access or furnishing student records in accordance with this policy and regulations.
Any entity receiving personally identifiable information pursuant to a study, audit, evaluation or enforcement/compliance activity must comply with all FERPA regulations. Further, such an entity must enter into a written contract with the Board delineating its responsibilities in safeguarding the disclosed information. Specifically, the entity must demonstrate the existence of a sound data security plan or data stewardship program, and must also provide assurances that the personally identifiable information will not be re-disclosed without prior authorization from the Board. Further, the entity conducting the study, audit, evaluation or enforcement/compliance activity is required to destroy the disclosed information once it is no longer needed or when the timeframe for the activity has ended, as specified in its written agreement with the Board. See Form 8330 F14 and Form 8330 F16 for additional contract requirements.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8340 - page 312
LETTERS OF REFERENCE
Reference: MCL 423.452, 380.1230(b)
The Board recognizes any current or former ESP employee's request to an administrator for a letter of reference is an opportunity to share information about the staff member's performance with a prospective employer. The Board, however, does not require such references to be provided. A current or former staff member should not expect a letter of reference will be written upon request. The decision to comply with such a request shall be solely at the discretion of the administrator and ESP.
However, if an administrator decides to prepare such a letter, the Board expects that administrator to provide specific and truthful comments concerning the employee's actual performance, which can be substantiated by the individual's personnel file. The letter must be reviewed by the ESP before it may be released.
In accordance with State law, an administrator who provides such a letter of reference is entitled to at least a qualified privilege for statements made in the letter, provided such statements were made in good faith, without malice.
The ESP shall develop the Administrative Procedures necessary to implement this policy.
This policy does not excuse the Academy from providing responses to requests for information about unprofessional conduct, as required by State law.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8350 - page 313
CONFIDENTIALITY
Reference: Freedom of Information Act 1976, paragraph 15.243 et seq. MCL 445.83, 445.84
Neither the ESP nor any of its employees shall divulge confidential information contained in the records and files of this Board, except to employees who may need such information in connection with their duties and to parties authorized in accordance with proper procedures.
When the Academy, in trust from public agency, receives information identified to be confidential or exempt from disclosure under the Freedom of Information Act, Common Law, Privilege Case Law, or Federal Law, the Board will maintain the confidentiality of said information to the maximum extent permitted by the law.
The ESP shall not permit the release of the social security number of an employee, student, or other individual, except as authorized by law (see AG 8350). Access to documents containing social security numbers shall be restricted to those employees who have a need to know that information or a need to access those documents. When documents containing social security numbers are no longer needed, they shall be shredded by an employee who has authorized access to such records.
Freedom of Information Act requests shall only be responded to in accordance with the Academy's Policy.
If the ESP is approached to provide information inappropriately, the ESP shall refuse to release the requested information and shall refer the requestor to the Academy's legal counsel.
To prohibit the unauthorized disclosure of information identified as confidential by a sending public agency, the Board may seek to obtain court protection by denying requests for release of such information (absent subpoena or court order) or by pursuing motions to quash or protective orders to prohibit unauthorized disclosure.
When possible, the ESP will attempt to notify the sending public agency about the request for release of such information prior to complying with the request.
The Board shall hold the ESP accountable for any inappropriate release of information or for any uses of confidential information for personal reasons.
Any person who intentionally violate this policy are subject to discipline up to, and including, discharge.
The ESP shall assure that employees receive a copy of, and have readily available access to, this policy and its Administrative Procedures.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8351 - page 314
BREACH OF CONFIDENTIAL INFORMATION
Reference: MCL 445.61 et. seq.
It is the policy of the Board that when unauthorized access or acquisition of data occurs, which would compromise the confidentiality or security of personal information maintained by the Academy, the Academy will take appropriate action to assess the risk and notify the affected individuals.
A "breach" means the unauthorized access and acquisition of data that compromises the security or confidentiality of personal information maintained by the Academy. Unauthorized access may be considered incidental access by an employee or other individual if the access meets all of the following:
A. The individual acted in good faith in accessing the data;
B. The access was related to the activities of the agency or person;
C. The individual did not misuse any personal information or disclose any personal information to an unauthorized person.
Personal information for purposes of this policy means the person's last name with either the first name or initial when linked to one of more of the following:
A. Social security number;
B. Driver's license; or
C. Demand deposit or other financial account numbers (including credit/debit card numbers, when combined with access code, security code or password which would allow access to the financial accounts).
Upon determining that a breach has occurred, the individual shall notify the ESP in writing. The ESP shall promptly determine and implement the steps necessary to correct the unauthorized access and notify those individuals whose personal information may have been compromised.
Individuals who intentionally violate this policy shall be reported to the appropriate law enforcement agency and may be subject to criminal penalties.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8390 - page 315
ANIMALS ON ACADEMY PROPERTY
Reference: 28 C.F.R. 35.104 Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) The Americans with Disabilities Act, as amended (ADA) The Individuals with Disabilities Education Improvement Act (IDEIA)
The Board recognizes that there are many occasions when animals are present on Academy property and many reasons for those animals' presence. Animals are commonly utilized by teachers during classroom presentations and are often housed in classrooms and other locations on campus. Additionally, employees, students, parents, vendors, and other members of the public may be accompanied at the Academy by a service or therapy animal in accordance with Federal and State law and this policy.
This policy applies to all animals on Academy property, including service animals.
Definitions
A. "Animal": includes every vertebrate other than a human.
B. "Service animal": pursuant to 28 C.F.R. Section 35.104, "means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."
The Americans with Disabilities Act (ADA) also defines a miniature horse as an animal that can serve as a service animal, so long as the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. To better determine whether the Board must allow for the use of a miniature horse or make modifications to buildings, the Board should refer to Section 35.136 (c) through (i) of the ADA.
Non-Service Animals in the Academy and Elsewhere on Academy Property
Animals permitted in the Academy and elsewhere on Academy property shall be limited to those necessary to support specific curriculum-related projects and activities, those that provide assistance to a student or staff member due to a disability (e.g., seizure disorder), those that
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8390 - page 316
provide a reasonable accommodation to a student in accordance with a Section 504 Plan, or those that serve as service animals as required by Federal and State law.
Taking into consideration that some animals can cause or exacerbate allergic reactions, spread bacterial infections, or cause damage and create a hazard if they escape from confinement, the ESP may permit animals to be present in classrooms to support curriculum-related projects and activities only under the following conditions:
A. the staff member seeking approval to have a non-service animal in his/her classroom shall:
1. provide a current satisfactory health certificate or report of examination from a veterinarian for the animal;
2. take precautions deemed necessary to protect the health and safety of students and other staff;
3. ensure that the animal is treated humanely, keeping it in a healthy condition and in appropriate housing (e.g., a cage or tank) that is properly cleaned and maintained; and
4. keep the surrounding areas in a clean and sanitary condition at all times;
B. other staff members and parents of students in areas potentially affected by animals have been notified in writing and adjustments have been made to accommodate verified health-related or other concerns.
Except where required by law, the presence of a non-service animal shall be disallowed if documented health concerns of a student or staff member cannot be accommodated.
Service Animals for Students
A service animal is permitted to accompany a student with a disability to whom the animal is assigned anywhere on the Academy campus where students are permitted to be.
A service animal is the personal property of the student and/or parents. The Board does not assume responsibility for training, daily care, or healthcare ( ) or supervision of service animals. The Board does not assume responsibility for personal injury or property damage arising out of or relating to the presence or use of service animals on Academy property or at Academysponsored events.
A service animal that meets the definitions set forth in the ADA and this policy shall be under the control of the student with a disability, or a separate handler if the student is unable to control the animal. A service animal shall have a harness, leash, or other tether, unless either the student with a disability is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the student’s control (e.g., voice control, signals, or other effective means), or under the control of a handler other than the student.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8390 - page 317
If the student with a disability is unable to control the service animal and another person serves as the animal’s handler, that individual shall be treated as a volunteer and, as such, will be subject to Policy 4120.09.
Removing and/or Excluding a Student's Service Animal
If a service animal demonstrates that it is not under the control of the student or its handler, the School Leader is responsible for documenting such behavior and for determining if and when the service animal is to be removed and/or excluded from the Academy.
Similarly, in instances when the service animal has demonstrated that it is not housebroken, the Principal shall document such behavior and determine whether the service animal is to be removed and/or excluded from Academy property.
The ESP shall be notified when a service animal is removed and/or excluded, and, immediately subsequent to such notification, document the reasons for the removal and/or exclusion.
The ESP decision to remove and/or exclude a service animal from Academy property may be appealed in accordance with the complaint procedure set forth in Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity.
The procedures set forth in Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity do not interfere with the rights of a student and his/her parents or an eligible student to pursue a complaint with the United States Department of Education's Office for Civil Rights or the Department of Justice.
Eligibility of a Student's Service Animal for Transportation
A student with a disability shall be permitted to access Academy transportation with his/her service animal. There may also be a need for the service animal’s handler, if the handler is someone other than the student, to also access Academy transportation.
When a service animal is going to ride on a school bus or other Board-owned or leased vehicle, the student and his/her parents, or eligible student, and the handler, is s/he is someone other than the student, shall:
A. Meet with the School Leader, or designee to discuss critical commands needed for daily interaction and emergency/evacuation, and to determine whether the service animal should be secured on bus/vehicle with a tether or harness.
B. At the discretion of the School Leader, or designee an orientation will take place for students and staff who will be riding the bus/vehicle with the service animal regarding the animal’s functions and how students should interact with the animal.
The service animal shall board the bus by the steps with the student, not a lift, unless the student uses the lift to enter and exit the bus. The service animal must participate in bus evacuation drills with the student.
While the bus/vehicle is in motion, the service animal shall remain positioned on the floor, at the student's feet.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8390 - page 318
Situations that would cause cessation of transportation privileges for the service animal include:
A. the student, or handler, is unable to control the service animal's behavior, which poses a threat to the health or safety of others; or
B. the service animal urinates or defecates on the bus.
The student and his/her parents shall be informed of behaviors that could result in cessation of transportation privileges for the service animal, in writing, prior to the first day of transportation. If it is necessary to suspend transportation privileges for the service animal for any of the above reasons, the decision may be appealed to the School Leader, or designee.
Although transportation may be suspended for the service animal, it remains the Academy's responsibility to transport the student. Furthermore, unless the behavior that resulted in the service animal's removal from the bus is also documented during the school day, the service animal may still accompany the student in school.
Service Animals for Employees
In accordance with Policy 1623, Policy 3123, and Policy 4123 - Section 504/ADA Prohibition Against Disability Discrimination in Employment, the Board provides qualified individuals with disabilities with reasonable accommodation(s). An employee with a disability may request authorization to use a service animal while on duty as such an accommodation. The request will be handled in accordance with the ADA mandated interactive process.
Service Animals for Parents, Vendors, Visitors, and Others
Individuals with disabilities who are accompanied by their service animals are permitted access to all areas of the Academy's facilities where members of the public, as participants in services, programs or activities, as vendors, or as invitees, are permitted to go. Individuals who will access any area of the Academy's facilities with their service animals should notify the ESP that their service animal will accompany them during their visit.
An individual with a disability who attends an Academy event will be permitted to be accompanied by his/her service animal in accordance with Policy 9160 - Public Attendance at Academy Events.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8400 - page 319
ACADEMY SAFETY INFORMATION
Reference: Title IX, Section 9532 of the No Child Left Behind Act of 2001 MCL 380.1308 and 380.1310a, 771.2a
The Board is committed to maintaining a safe school environment. The Board believes crime and violence at the Academy are potential, multifaceted problems that need to be addressed by utilizing the best resources and coordinated efforts of Academy personnel, law enforcement agencies, and families. The Board further believes the Academy and local law enforcement officials must work together to provide for the safety and welfare of students while at the school, at a school-sponsored activity or while en route to or from the school or a school sponsored activity. The Board also believes the first step in addressing school crime and violence is to assess the extent and nature of the problem(s) or threat, and then plan and implement strategies that promote safety and minimize the likelihood of crime and violence at the Academy.
Michigan law establishes a "Student Safety Zone" that extends 1,000 feet from the boundary of any school property in relation to weapons, drugs and registered sex offenders. Individuals are prohibited from engaging in these activities at any time on school property, within the Student Safety Zone, or at any school-related event.
The Academy will work with local officials in arranging signage defining the 1,000 foot boundary.
The School Leader shall take the necessary steps so that an individual eighteen (18) years of age or older, who is a registered sex offender and resides, works, or loiters in violation of the Student Safety Zone, is reported to the local authorities.
The ESP shall hold a meeting for the purpose of reviewing the provisions of the School Safety Information Policy Agreement and making modifications deemed necessary and proper by the participants in the meeting. The agenda will also include discussion of additional training needed and any other such related matters. Participants in this meeting shall include the School Leader, members of the Board, the County Prosecutor or his/her designee, and representatives from the local law enforcement agencies. Others may also be invited to participate in the meeting.
The ESP shall make a report to the Board about this annual review and recommend the approval and adoption of any proposed revisions or additions.
Academy Contact Person
Furthermore, in accordance with state law, the Board hereby designates the School Leader as the Academy contact person who shall receive information from law enforcement officials, prosecutors and the court officials, and in turn, notify the staff members who need to know the information within twenty-four (24) hours of its receipt.
The School Leader shall notify the appropriate law enforcement officials when an eligible student commits any offense listed as a reportable incident in the School Safety Information Policy Agreement. Reporting such information is subject to Section 444 of subpart 4 of part C of the General Education Provisions Act, Title IV of Public Law 90-247, 20 USC 1232g, commonly referred to as the Family Educational Rights and Privacy Act of 1974.
If a student is involved in an incident reported to law enforcement officials, pursuant to the School Safety Information Policy Agreement, then, upon request by Academy officials, the student's
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8400 - page 320
parent or legal guardian shall execute any waivers or consents necessary to allow Academy officials access to Academy, court, or other pertinent records of the student concerning the incident and action taken as a result of the incident.
Required Reporting
The ESP shall submit a report at least annually to the Superintendent of Public Instruction, in the form prescribed by the Superintendent of Public Instruction, stating the number of students expelled from the Academy during the preceding school year and the reason for the expulsion.
The ESP shall also submit a report, at least annually, to the Superintendent of Public Instruction, in the form prescribed by the Superintendent of Public Instruction, stating the incidents of crime occurring at the Academy. At least once annually, a copy of the most recent report of incidents of crime shall be made available to the parent or legal guardian of each student enrolled in the Academy. This report will minimally include crimes involving any of the following:
A. physical violence;
B. gang related acts;
C. illegal possession of a controlled substance, controlled substance analogue or other intoxicant;
D. trespassing;
E. property crimes, including, but not limited to, theft and vandalism, as well as an estimate of the cost to the Academy that results from the property crime.
The School Leader shall collect weekly and keep current the information required for the report on incidents of crime, and must provide that information, within seven (7) days, upon request.
Law Enforcement Information Network (LEIN)
The Board authorizes the School Leader to request vehicle registration information for suspicious vehicles within 1,000 feet of school property through the Law Enforcement Information Network (LEIN).
Persistently Dangerous Schools
The Board recognizes the requirement of State and Federal law for the Academy to annually report to the Michigan Department of Education incidents, meeting the statutory definition of violent criminal offenses that occurred in the Academy, on school grounds, on a school conveyance, or at a school-sponsored activity. The State Department of Education will then use this data to determine if a school is considered "persistently dangerous," as defined by State policy.
Pursuant to the Board's stated intent to provide a safe school environment, Academy administrators are expected to respond appropriately to any and all violations of the Student Code of Conduct, especially those of a serious, violent nature. In any year where the number of reportable incidents of violent criminal offenses in the Academy exceed the threshold number established in State policy, the School Leader shall discuss this problem at the annual meeting,
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8400 - page 321
for the purpose of reviewing the School Safety Plan, so that a plan of corrective action can be developed and implemented to reduce the number of these incidents in the subsequent year.
The ESP shall make a report to the Board about this plan of corrective action and shall recommend approval and adoption of it.
In the unexpected event that the number of reportable incidents in three (3) consecutive school years exceeds the statutory threshold and the Academy is identified as "persistently dangerous," students attending the Academy shall have the choice option as provided in Policy 5113.02 and AG 5113.02.
In addition, the ESP shall convene a meeting of the School, representative(s) of the local law enforcement agencies and any other individuals deemed appropriate for the purpose of developing a plan of corrective action to reduce the number of these incidents in the subsequent year.
Victims of Violent Crime
Despite the diligent efforts of the ESP and staff to provide a safe school environment, the Board recognizes that an individual student may be a victim of a violent crime in the Academy, on school grounds, on a school conveyance, or at a school-sponsored activity. In accordance with Federal and State law, the parents of the eligible student shall have the choice options provided by Policy 5113.02 and AG 5113.02, if applicable.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8401 - page 322
FIRE SAFETY AND FIRE DEPARTMENT NOTIFICATION
Reference: Michigan R 29.1908(3); R 29.2009(3)
The ESP shall develop written procedures that provide for all of the following:
A. The designation of a staff member on each shift to be responsible for notifying the local fire department in the event of a fire;
B. The availability at all times of a non-pay telephone for designated employees to notify the local fire department;
C. The conspicuous posting of the telephone number of the local fire department near the telephone;
D. A requirement that notification of the fire department is incorporated into all fire drills.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8405 - page 323
ENVIRONMENTAL HEALTH AND SAFETY ISSUES
The Board recognizes its responsibility relative to student, staff, and visitor health and safety and to the need for the development of a comprehensive program designed to provide a healthy, safe, and secure environment on school property and at school-sponsored activities. To achieve this, the Board intends for the Academy to take advantage of the most current, proven technologies in the fields of health, safety, and environmental sciences.
Student, Employee, and Visitor Health and Safety
The ESP shall develop and implement a positive, proactive environmental health and safety program that integrates responsibilities within the Academy and promotes and incorporates the following:
A. Procedures that describe a hazard identification and abatement program requiring the following: periodic inspection of school facilities; the implementation of immediate and programmed corrective actions, when deemed necessary by such inspections; and the development of a Academy-wide hazard reporting procedure that enables employee/parent/school community participation. This program should also provide procedures for identifying and responding to hazards created by outside entities, inspecting activities of contractors, and inspecting new facilities to determine if appropriate requirements for environmental health and safety have been met.
B. Procedures that promote environmental health and safety awareness among employees, students, parents and community. These procedures shall include, but not be limited to, the establishment of Academy safety committees and the establishment of a program of regular communication with students, employees, and parents about pertinent safety and health issues through available mediums in the Academy.
C. Procedures that address the safety and health of students during transportation to the school, in the school, on school property, and during participation in schoolrelated activities. These procedures shall include, but not be limited to, promoting bus safety for students; assessing the safety of school traffic patterns; operating school clinics; administering medication and medical treatment; promoting laboratory and shop safety; promoting safety in sports and other outdoor activities; inspecting playground equipment and promoting safety on playgrounds; and assessing environmental exposure.
D. Procedures that relate to employees' health and safety issues, including, but not limited to, provision of work areas free from recognized hazards; OSHA-related programs required by Federal and State law (e.g., employee safety and health training and training in hazard recognition); and definition of employer and employee responsibilities and expectations related to health and safety.
E. Procedures that establish a system for reporting and investigating accidents, including identification of root causes, determination of remedial and programmed corrective actions, and communication about accidents to employees, parents and members of the Academy community.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8405 - page 324
F. Procedures that detail plans for foreseeable emergencies and fire prevention.
Phase-out/Banned Products
The ESP shall immediately ban the use, on Board property, of any chemicals, insecticides, or other materials, which the Federal government is phasing out and/or banning by a certain date.
Indoor Environmental Quality (IEQ)
The Board recognizes that excessive moisture levels within the Academy can lead to conditions optimum for the development of biological contaminants (e.g., mold and fungi on building surfaces). The Board further recognizes the presence of these contaminants can be harmful on contact with respiratory tissue.
Contributing factors to excessive moisture levels include the following:
A. roof leaks;
B. structural defects in the building;
C. improperly controlled humidity levels;
D. faulty HVAC systems.
As preventive measures, the Academy shall do the following:
A. address prevention of water intrusion as a priority IEQ issue and implement strategies toward its elimination;
B. maintain environmental conditions in occupied areas in compliance with applicable regulations and strive to conform to industry standards;
C. implement a preventative maintenance program for HVAC systems that includes, but is not be limited to, periodic filter replacement; inspection; cleaning and disinfecting processes; and procedures to eliminate the contribution to indoor air quality problems caused by this equipment;
D. implement a system to ensure materials used (and purchased for use) in the construction, furnishing and maintenance (including cleaning), do not contribute to health hazards for employees and students by degrading the quality of indoor air. In addition, activities that create indoor air quality health hazards shall not be permitted.
In addition, the ESP shall develop Administrative Procedures for properly monitoring factors that contribute to excessive moisture and for developing mitigation plans when, and if, problems with IEQ are identified.
Diesel Exhaust and School Bus Idling
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8405 - page 325
In accordance with the Environment Protection Agency's initiative to reduce pollution caused by buses on school property, the Board will take the recommended steps to reduce the negative effects of diesel exhaust on indoor and outdoor air quality on school campuses, including, but not limited to, reducing bus idling time and reinforcing smart driving practices.
The ESP shall develop the Administrative Procedures necessary to establish these practices in the Academy (see AG 8615).
Pollution Control and Prevention
In an effort to comply with environmental policy and applicable regulations, the Academy shall develop and implement procedures designed to prevent air and water pollution; minimize or eliminate waste streams, where possible; and identify possible sources of air and water pollution.
Related Policies: Policy 7430 Safety Standards Policy 8410 Crisis Intervention Policy 8420 Emergency Evacuation of Schools Policy 8431 Preparedness for Toxic Hazard and Asbestos Hazard Policy 8442 Reporting Accidents Policy 8450 Control of Casual-Contact Communicable Diseases Policy 8453 Direct Contact Communicable Diseases Policy 8453.01 Control of Blood-Borne Pathogens
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8405.01 - page 326
INTEGRATED PEST MANAGEMENT
Reference: MCL 324.8316 [This policy applies to all pest control activities and pesticide use in the school building and related facilities including grounds. Recipients of this policy include faculty, other staff, or any employees or independent contractors monitoring or treating pest problems. Each recipient is required to follow this policy.]
Purpose
The goal of this integrated pest management policy is to provide a safe and healthy learning environment that is relatively pest-free with the least possible use of pesticides. To achieve this goal, it is the policy of the Academy to develop, implement and maintain an integrated pest management program for the control of pests and minimize pesticide exposure to children, faculty, and staff. This policy is consistent with MCL 324.8316, which encourages schools to adopt an IPM strategy.
Sanitizers, germicides, disinfectants, or antimicrobials are exempt from the IPM notification requirements. This policy adheres to the principles of IPM and is conducted in accordance with all federal and state laws and regulations and local ordinances.
Pests are controlled to protect the health and safety of students and staff, maintain a productive learning environment and maintain the integrity of the school building and grounds. IPM is a pest management system that uses all suitable techniques in a total management system to prevent pests from reaching unacceptable levels or to reduce existing pest populations to acceptable levels while balancing the risk of the pest with the potential risk of the management technique.
Development of IPM program
The Academy's IPM program written under this policy states the Academy's goals regarding the management of pests and the use of pesticides. It reflects the Academy's site-specific needs and includes the following elements as required by law:
A. Site evaluation, including site description, inspection, and monitoring and the concept of threshold levels;
B. Consideration of the relationship between pest biology and pest management methods;
C. Consideration of all available pest management methods, including population reduction techniques, such as mechanical, biological, and chemical techniques and pest prevention techniques, such as habitat modification;
D. Pest controls methods selection, including consideration of the impact on human health, especially for children, and the environment; and
E. Continued evaluation of the integrated pest management program.
The ESP, or designee for the Academy shall be responsible for ensuring that an IPM program is developed and is in compliance with MCL 324.8316.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8405.01 - page 327
Education /Training
The Academy community will be educated about potential pest problems and IPM methods used to achieve the pest management objectives.
The IPM Coordinator, school staff and pesticide applicators involved with implementation of the Academy IPM program will be trained in appropriate components of IPM as it pertains to the school environment.
Students, parents/guardians will be provided with information on this policy and instructed on how they can contribute to the success of the IPM program.
Record keeping
Records of pesticide use shall be maintained on-site to meet the requirements of the Michigan Department of Agriculture and the Board. Records shall also include, but are not limited to, pest surveillance data sheets and other non-pesticide pest management methods and practices utilized.
Notification/Posting
The School Leader or IPM Coordinator of the Academy is responsible for timely pre- notification to students' parents or guardians and the school staff of pesticide treatments pursuant to the requirements under the Natural Resources and Environmental Protection Act, MCL 324.8316.
Re-entry
In accordance with the Natural Resources and Environmental Protection Act, Part 83, reentry to a pesticide treated area may not occur less than 4 hours after application unless the product label requires a longer reentry period. Outdoor ornamental and turf applications of liquid spray pesticides shall not be made on school grounds within 100 feet of an occupied classroom during normal school hours or when persons are using the treatment area.
Pesticide applicators
The IPM coordinator shall ensure that pesticide applicators, as well as school staff and volunteers follow state regulations, including licensing requirements, applicator certification or registration, and IPM training, label precautions, and comply with all components of the IPM Program.
Evaluation
Annually, the ESP will report to the Academy Board on the effectiveness of the IPM plan and make recommendations for improvement as needed.
The ESP is responsible to develop Administrative Procedures for the implementation of this policy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8410 - page 328
CRISIS INTERVENTION
The Board believes the school's personnel, students, and visitors are entitled to function in a safe environment. In this regard, the Board has adopted policies that relate to conduct in the Academy setting and address various crisis situations.
The ESP shall develop Administrative Procedures for responding to a crisis situation, developing a prevention plan, and providing effective intervention for students who may show signs warning of potentially violent or other troubling behaviors.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8420 - page 329
EMERGENCY SITUATIONS AT THE ACADEMY
Reference: MCL 29.19 A.C. 1301:7-7-01, 3301-35-03 (D), 3301-83-15 HB No. 4713 (2013)
The Board is committed to providing a safe learning and work environment. Unfortunately natural and man-made disasters do occur. Such emergencies are best met by preparedness and planning.
A. Emergency Preparedness
The Academy shall develop emergency preparedness procedures that address the following goals and/or objectives:
1. the health and safety of students and staff are safeguarded;
2. the time necessary for instructional purposes is not unduly diverted;
3. minimum disruption to the educational program occurs;
4. students are helped to learn self-reliance and trained to respond sensibly to emergency situations.
All threats to the safety of Academy facilities shall be identified by appropriate personnel and responded to promptly in accordance with the plan for emergency preparedness.
Academy personnel, including teachers, shall provide for unrestricted emergency egress during school hours and when the school is open to the public.
B. Drills
1. Each Academy shall conduct a minimum of five (5) fire drills each school year. Three (3) of the fire drills shall be held by December 1st of the school year, and two (2) shall be held during the remaining part of the school year, with a reasonable spacing interval between each drill.
2. Each Academy shall conduct a minimum of two (2) tornado safety drills each school year. At least one (1) of the tornado safety drills shall be conducted during March of the school year. These drills shall be conducted for the purpose of preventing injuries caused by severe weather.
3. Each Academy shall conduct a minimum of three (3) drills in which the occupants are restricted to the interior of the building and the building secured each school year. At least one (1) of these drills shall be conducted by December 1st of the school year, and at least one (1) shall be conducted after January 1st of the school year, with a reasonable spacing interval between each drill. Such drills shall include security measures that are appropriate to an emergency such as the release of a hazardous material or the presence of a potentially dangerous individual on or near the
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8420 - page 330
premises. The ESP shall seek input from local public safety officials on the nature of the drills to be conducted under this subsection.
4. Each Academy shall conduct at least one (1) of the drills required under Sections 2(A)-(C) during a lunch or recess period, or at another time when a significant number of the students are gathered but not in the classroom.
5. Schools shall not conduct a drill required under Sections 2(A)-(C) at a time that would interfere with the conduct of a state-mandated assessment.
6. Not later than September 15th of each school year, the School Leader shall provide a list of the scheduled drill days to the county emergency management coordinator.
7. If a drill is not conducted on a scheduled drill day due to conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, the school shall reschedule the drill to occur within ten (10) school days after the scheduled date of the cancelled drill. The School Leader shall notify the county emergency management coordinator of the rescheduled date for the drill.
C. Drill Result Publication
1. The School Leader shall provide that documentation of a completed school safety drill is posted on the school’s website within thirty (30) school days after the drill is completed and is maintained on the website for at least three (3) years.
2. The documentation posted on the website shall include at least all of the following:
a. Name of the Academy;
b. School year of the drill;
c. Date and time of the drill;
d. Type of drill completed;
e. Number of completed drills for that school year for each type of drill required under Sections 2(A)-(C);
f. Signature of the School Leader or his/her designee acknowledging the completion of the drill; and
g. Name of the individual in charge of conducting the drill, if other than the School Leader.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8420 - page 331
D. Cardiac Emergency Response Plan
1. Use and regular maintenance of the automated external defibrillators, if available.
2. Activation of a cardiac emergency response team during an identified cardiac emergency.
3. A plan for effective and efficient communication throughout the school campus.
4. If the school includes grades 9 to 12, a training plan for the use of an automated external defibrillator and in cardiopulmonary resuscitation techniques.
5. Incorporation and integration of the local emergency response system and emergency response agencies with the school’s plan.
6. An annual review and evaluation of the cardiac emergency response plan.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8431 - page 332
PREPAREDNESS FOR TOXIC HAZARD AND ASBESTOS HAZARD
Reference: MCL 324.8316, 380.1256 15 USC 2601 20 USC 4022 20 USC 4014 20 USC 4011 20 USC 4011 et. seq. Asbestos Hazard Emergency Response Act of 1986 (AHERA) Asbestos School Hazard Abatement Act of 1984 Asbestos School Hazard Abatement Reauthorization Act of 1990
The Board is concerned for the safety of the students and staff members and will comply with all Federal and State statutes and regulations concerning hazards resulting from industrial accidents beyond the control of Academy officials and/or from the presence of asbestos materials used in previous construction.
Toxic Hazards
These hazards exist in chemicals, pesticides, and other substances used in school settings such as laboratories, science classrooms, and kitchens. Such toxins are also found in the cleaning supplies for the school's rooms and equipment. The ESP will appoint an employee to serve as Toxic Hazard Preparedness (THP) Officer. The THP Officer will be responsible for the following:
A. Hazard Determination
Identifying potential sources of toxic hazards, in cooperation with material suppliers, who shall supply the Toxic Hazard Preparedness Officer with Material Safety Data Sheets (MSDSs). The School Leader will rely on MSDSs from material suppliers to meet hazard determination requirements.
B. Labeling
Ensuring that all incoming materials are properly labeled with the identity of the chemical, the hazard warning, and the name and address of the manufacturer or responsible party and making certain that any containers to which the materials are transferred are also properly labeled.
C. Material Safety Data Sheets
Maintaining a current file of MSDSs for all hazardous materials present on school property. The MSDS files will be kept at the school building, with additional copies for employees' use will be located at with the ESP.
MSDSs will be available for review by all employees. Copies will be available upon request of the Toxic Hazard Preparedness Officer. Posters will be displayed, identifying the person responsible for monitoring MSDSs and where MSDSs are located at staff work areas. When new MSDs are received, notification posters for employees will be displayed in the same location.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8431 - page 333
The Toxic Hazard Preparedness Office shall contact the supplier, in writing, if a required MSDS is not received and shall promptly procure the MSDS before releasing the material for use.
If s/he is unable to obtain an MSDS from a supplier, s/he should contact MIOSHA's Occupational Health Division (OHD) or General Industry Safety Division for assistance in obtaining the MSDS.
Multi-Employer Work Sites – Informing Contractors
Informing contractors and their employees of any hazardous substances to which they may be exposed; determining measures to be employed to control or eliminate exposure; labeling system for container and pipes used onsite; and informing staff where applicable MSDSs can be reviewed or obtained. Whenever employees may potentially be exposed to hazards brought on site by contractors, the THP Officer will obtain information from the contractor pertaining to the chemicals brought on-site, and the measures that should be taken to control or eliminate exposure the chemicals.
Employee Information and Training
Providing information and conducting a training program for all employees on topics such as detection of hazards, explanation of the health hazards to which they could be exposed in their work environment, and the plan for communication and labeling. Information given to employees shall include the following:
A. regulations of MIOSHA's hazardous communication standard;
B. all operations in the employee's work area in which hazardous chemicals are present;
C. location and availability of written hazardous communication policy and program, with the list of hazardous chemicals and the MSDSs in the Academy.
Employee training should include the following:
A. techniques used to detect the presence or release of hazardous chemicals in a work area;
B. physical and health hazards of hazardous chemicals;
C. measures the employees should take to protect themselves from these hazards;
D. details of the hazardous communication program including an explanation of the labeling system and MSDSs and how employees can obtain and use hazard information.
Employees shall be informed of the employer's anti-discrimination/discharge policy for employees accessing hazard information and how the employee can contact the Michigan Department of Industry and Consumer Services, Bureau of Safety Regulation and Occupational Health for assistance in obtaining an MSDS if s/he is unable to obtain the MSDS from the employer.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8431 - page 334
Records of each employee's hazardous communication training should be maintained, and all new employees should receive training regarding any hazardous chemicals with which they may potentially have contact as part of their job.
In fulfilling these responsibilities, the THP Officer may enlist the aid of county and municipal authorities and, if possible, the owners or operators of identified potential sources of toxic hazard.
Asbestos
In its efforts to comply with Asbestos Hazard Emergency Response Act (AHERA) and the Michigan Occupational Safety and Health Act (MIOSHA), the Board recognized its responsibility to:
A. inspect the building for the existence of asbestos or materials containing asbestos;
B. take appropriate actions, in accordance with State Law and EPA regulations, based on the inspections;
C. establish a program for dealing with friable asbestos, if found;
D. maintain a program of periodic surveillance and inspection of facilities or equipment containing asbestos;
E. comply with EPA regulations governing the transportation and disposal of asbestos and materials containing asbestos.
The ESP shall appoint a person to develop and implement the Academy's Asbestos-Management Program to ensure proper compliance with Federal and State laws and appropriate instruction of staff and students. Upon completion the Academy's Asbestos Plan must be submitted to the Michigan Department of Consumer and Industry Services, Occupational Health Division, Lansing, Michigan 48909.
When conducting asbestos abatement projects, the ESP shall also ensure each contractor employed by the school is licensed, pursuant to the Michigan Department of Health Regulations.
Nothing in this policy should be construed in any way as an assumption of liability by the Board for any death, injury, or illness that may be a consequence of an accident, an equipment failure, a negligent act, or a deliberate act beyond the control of the Board or its officers and ESP employees.
However, the Board may provide legal representation and indemnification against civil liability regarding claims or actions resulting from, or arising out of, negligence (or alleged negligence) of persons responsible for inspecting, monitoring, removing, treating asbestos or material containing asbestos or supervising these activities -- provided the employee was performing the duties while in the course of his/her employment or while acting within the scope of his/her authority. The Board reserves the right to deny representation and indemnification in those circumstances wherein the employee's actions demonstrate gross negligence or willful and wanton misconduct.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8442 - page 335
REPORTING ACCIDENTS
The Board directs all reasonable efforts shall be made to ensure a safe learning and working environment for the students and employees. The Board requires that accidents be reported to the School Leader and evaluated. Any accident resulting in an injury, however slight, to a student, staff member or visitor to the Academy must be reported promptly, in writing, to the School Leader. Injured persons shall be referred immediately to the appropriate personnel for medical attention.
The staff member responsible for an injured student, the injured employee, or the injured visitor shall complete a form that includes the date, time, and place of the incident; names of persons involved; nature of the injury (to the extent known); and description of all relevant circumstances.
Any staff member who suffers a job-related injury must report the injury and its circumstances to the School Leader, following established procedures, as soon as possible following the occurrence of the injury.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8450 - page 336
CONTROL OF CASUAL-CONTACT COMMUNICABLE DISEASES
The Board recognizes control of communicable diseases spread through casual contact is essential to the well-being of the community and the efficient operation of the Academy.
For purposes of this policy, casual-contact communicable disease shall include the following:
A. diphtheria;
B. scarlet fever and other strep infections;
C. whooping cough;
D. mumps;
E. measles;
F. rubella;
G. and others diseases designated by the Michigan Department of Community Health.
To protect the health and safety of students, personnel, and the community at large, the Board shall follow all State statutes and Health Department regulations pertaining to immunization and other means for controlling casual contact communicable diseases spread through normal interaction (casual contact) in the school setting.
If a student exhibits symptoms of a communicable disease, the School Leader will isolate the student in the building and contact the parents/guardians. Protocols established by the County Health Department shall be followed.
The ESP shall develop Administrative Procedures for the control of casual-contact communicable diseases to provide for the following:
A. instruction of professional staff members about the detection of these common diseases and the measures to be taken for their prevention and control;
B. removal of students from school property and into the care of a responsible parent;
C. preparation of standards for the readmission of students who have recovered from casual-contact communicable diseases;
D. submission of reports, as required by statute State Department of Education and the State Department of Community Health.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8450.01 - page 337
PEDICULOSIS (HEAD LICE)
Whenever a student is found to be infested with head lice, s/he shall be sent home immediately for treatment and shall not be readmitted until the parent completes form 8450A F3 and confirmation has been made by the Academy that the child is free of nits.
The necessary treatment is contained in Form 8450A F1 which is to be sent to the parent along with the cover letter (Form A F2).
The other students in the infested student's classroom and the student's sibling(s) should be examined for evidence of either lice or lice eggs (nits). The examinations should be done by one or more of the following:
A. each student's parents;
B. the School Leader.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8452 - page 338
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED)
Reference: 21 CFR §801.109
The Board and the ESP has determined that safety may be enhanced at the Academy by having an automatic external defibrillator (AED) placed in building(s) within the Academy.
An AED is a medical device containing a heart monitor and defibrillator, used to administer an electric shock through a person's chest wall to the heart. The built-in computer system of the AED assesses the patient's heart rhythm, determines whether defibrillation is needed, and then administers a shock, if necessary. Audible and/or visual prompts guide the user through the process of using the AED.
The Board directs the ESP to develop, adopt and implement a cardiac emergency response plan that addresses all of the following:
A. The use and regular maintenance of AED’s, if available;
B. The activation of a cardiac emergency response team during an identified cardiac emergency;
C. A plan for effective and efficient communication throughout the Academy campus;
D. The incorporation and integration of the local emergency response system and emergency response agencies with the Academy’s plan;
E. An annual review and evaluation of the cardiac emergency plan; and
F. If the Academy includes grades 9-12, a training plan for the use of an AED in cardiopulmonary resuscitation (CPR) techniques.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8453 - page 339
DIRECT-CONTACT COMMUNICABLE DISEASES
Reference: MCL 380.1169
The Board directs the ESP to provide a safe, healthy environment for students and staff. This can best be accomplished when all persons within the Academy community understand the method of transmission and prevention of diseases not contracted through air-borne pathogens, but rather through direct contact with body fluids and excretions, especially blood, vomit, feces, or urine. The Board also assures the confidential status of individuals who may be diagnosed with a bloodborne communicable disease.
For purposes of this policy, these direct-contact communicable diseases shall include the following: HIV (human immunodeficiency virus); AIDS (acquired immune deficiency syndrome); AIDS-related complex (condition); HAV, HBV, HCV (Hepatitis A, B, C); and other diseases specified by the Michigan Department of Community Health as contact communicable diseases. The ESP recognizes the fact that individuals who have contracted these diseases may not exhibit symptoms for many years after exposure and may, in fact, not be aware they have the disease. However, these individuals are able to transmit the disease to other individuals.
With this in mind, the Board directs the ESP to develop educational programs for students and staff about the manner in which these diseases may be prevented and the manner in which they are transmitted. These programs should specify risk factors involved and ways to deal with those risks and should emphasize that these diseases are preventable if basic precautions are taken.
The Board directs the ESP to assure that any students or staff members who reveal the fact that they have contracted one of these diseases will have their status safeguarded in accordance with Federal and State statutes dealing with confidentiality, and that their civil rights will be respected. Staff members will have access to leave policies in accordance with Administrative Procedures and opportunities for reasonable accommodation, as described by the Americans with Disabilities Act. Should a student be unable to attend school as a result of illness, an alternative education program shall be provided, in accordance with the Board's policy and Administrative Procedures dealing with Homebound Instruction.
Additionally, the Board directs the ESP to develop an educational program in accordance with Michigan law to ensure proper instruction by guidance counselors, nurses (need not be included if the nurse is licensed), teachers, and/or other school personnel who teach students about HIV and AIDS. Such an educational program shall include information about the following:
A. the nature of the disease;
B. its causes and effects;
C. the means of detecting its presence and preventing its transmission;
D. the availability of appropriate sources of counseling and referral; and
E. any other appropriate information, considering the age and grade levels of students.
The ESP shall develop Administrative Procedures that establish procedures to fulfill the intent of this policy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8453 - page 340
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8453.01 - page 341
CONTROL OF BLOOD-BORNE PATHOGENS
Reference: 29 CRF 1910.1030
The Board directs the ESP to protect staff members who may be exposed to blood-borne pathogens and other potentially infectious materials in their performance of assigned duties.
The ESP shall implement Administrative Procedures that will do the following:
A. identify those categories of employees whose duties create a reasonable anticipation of exposure to blood and other infectious materials;
B. provide for inoculation of the Hepatitis B vaccine at no cost to the staff member and in accordance with Federally-mandated scheduling;
C. ensure proper training in the universal precautions against exposure and/or contamination including the provision of appropriate protective supplies and equipment;
D. establish appropriate procedures for reporting, evaluating, and following-up any and all incidents of exposure;
E. provide for record-keeping of all of the above that complies with both Federal and State laws; and
F. develop an exposure control plan.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8462 - page 342
STUDENT ABUSE AND NEGLECT
Reference: MCL 722.621 et. seq.
The Board is concerned with the physical and mental well-being of the students in the Academy and will cooperate in identifying and reporting cases of child abuse or neglect, in accordance with law.
Any staff with reasonable cause to suspect child abuse or neglect shall be responsible for immediately reporting every case, whether ascertained or suspected, of abuse or neglect resulting in physical or mental injury to a student by other than accidental means.
The staff member shall immediately call the local office of the Department of Human Services. S/he shall also notify the appropriate administrator, according to the Academy's Reporting Procedure for Student Abuse or Neglect.
The identity of the reporting person shall be confidential, subject to disclosure only by consent or court order. A reporting ESP employee shall not be dismissed or otherwise penalized for making a report of child abuse or neglect.
Information concerning alleged child abuse is confidential. Any unauthorized disclosure by an official or employee of the school is a violation of law and subjects the disseminator to civil liability for any resulting damages.
The ESP should be mindful of the possibility of physical or mental abuse inflicted on a student by a staff member. Any such instances, whether real or alleged, should be handled in accordance with the Administrative Procedures established by the ESP.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8500 - page 343
FOOD SERVICES
Reference: 7 CFR 210, 215, 220, 240
The Board shall provide food service for the purchase and consumption of lunch for all students.
The Board shall also provide a breakfast program in accordance with procedures established by the State Department of Education.
The provided food-service program shall comply with Federal and State regulations pertaining to the selection, preparation, delivery, consumption, and disposal of food and beverages, including but not limited to the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition standards, and to the fiscal management of the program. Operation of such a program shall be as follows.
Substitutions to the standard meal requirements shall be made, at no additional charge, for students who are certified by a licensed physician to have a disability which restricts his/her diet, in accordance with the criteria set forth in 7 CFR 15(b)(3). To qualify for such substitutions the medical certification must identify:
A. the student's disability and the major life activity affected by the disability;
B. an explanation of why the disability affects the students diet; and
C. the food(s) to be omitted from the student's diet, and the food or choice of foods that must be substituted (e.g., caloric modifications or use of liquid nutritive formula).
On a case by case basis, substitutions to the standard meal requirements may be made, at no additional charge, for students who are not "disabled persons", but have a signed statement from a qualified medical authority that the student cannot consume certain food items due to medical or other special dietary needs. To qualify for such consideration and substitutions the medical statement must identify:
A. the medical or dietary need that restricts the student's diet; and
B. the food(s) to be omitted from the student's diet and the food(s) or choice of foods that may be substituted.
For non-disabled students who need a nutritional equivalent milk substitute, only a signed request by a parent or guardian is required.
Lunches sold by the Academy may be purchased by students, staff members, and volunteers in accordance with the Administrative Procedures established by the ESP.
The operation and supervision of the food-service program shall be the responsibility of the Lunch Director. Food services shall be operated on a self-supporting, nonprofit basis with revenue from students, staff, Federal reimbursement, and surplus food. The Board shall assist the program by furnishing available space, initial major equipment, and utensils. Maintenance and replacement of equipment is the responsibility of the program. In addition, as required by law, a food safety program based on the principles of the Hazard Analysis and Critical Control Point (HACCP)
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8500 - page 344
system shall be implemented with the intent of preventing food-borne illnesses. For added safety and security, access to the facility and the food stored and prepared therein shall be limited to food service staff and other authorized persons.
A periodic review of the food-service accounts shall be made by the ESP and such accounts shall be audited as part of the Academy's annual audit.
The ESP shall establish Administrative Procedures for the conduct of the Academy food service program that shall provide for the following:
A. the maintenance of sanitary, neat premises, free from fire and health hazards;
B. the preparation and consumption of food;
C. the purchase of foods and supplies, in accordance with law ;
D. complying with food holds and recalls in accordance with USDA regulations;
E. the management (accounting and deposition) of food-service funds;
F. the safety and safekeeping (storage) of food and food equipment;
G. safety of students with allergies;
H. procedures governing vending machines; and
I. procedures governing any school stores.
No foods or beverages, other than those associated with the Academy's food-service program, are to be sold during food-service hours. The Academy shall serve only nutritious food as determined by the Food Service Program in compliance with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition guidelines. Foods and beverages unassociated with the food service program must comply with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition guidelines, and may be vended in accordance with Board Policy 8540.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8510 - page 345
WELLNESS
Reference: Richard B. Russell National School Lunch Act, 42 USC §§ 1751, 1758, 1766; Child Nutrition Act, 42 USC § 1773 7 CFR Parts 210 and 220
The Board recognizes that good nutrition and regular physical activity affect the health and wellbeing of the Academy's students. Furthermore, research concludes that there is a positive correlation between a student's health and well-being and his/her ability to learn. Moreover, schools can play an important role in the developmental process by which students establish their health and nutrition habits by providing nutritious meals and snacks through the schools' meal programs, by supporting the development of good eating habits, and by promoting increased physical activity both in and out of school.
The Board, however, believes this effort to support the students' development of healthy behaviors and habits with regard to eating and exercise cannot be accomplished by the schools alone. It will be necessary for not only the staff, but also parents and the public at large to be involved in a community-wide effort to promote, support, and model such healthy behaviors and habits.
The Board sets the following goals in an effort to enable students to establish good health and nutrition habits:
A. With regard to nutrition education, the Academy shall:
1. Nutrition education posters, such as the Food Pyramid Guide, will be displayed in the cafeteria.
B. With regard to physical activity, the Academy shall:
Physical Education
1. A sequential, comprehensive physical education program shall be provided for students in K-12 in accordance with the standards and benchmarks established by the State.
Physical Activity
1. Physical activity shall not be employed as a form of discipline or punishment.
C. With regard to other school-based activities the Academy shall:
1. The Academy shall provide attractive, clean environments in which the students eat.
D. With regard to nutrition promotion, the Academy shall:
1. encourage students to increase their consumption of healthful foods during the school day.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8510 - page 346
Furthermore, with the objectives of enhancing student health and well-being, and reducing childhood obesity, the following guidelines are established:
On Campus During the School Day
A. In accordance with Policy 8500, entitled Food Service, the food service program shall comply with Federal and State regulations pertaining to the selection, preparation, consumption, and disposal of food and beverages, including but not limited to the USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition standards as well as to the fiscal management of the program.
B. As set forth in Policy 8531, entitled Free and Reduced Price Meals, the guidelines for reimbursable school meals are not less restrictive than the guidelines issued by the U.S. Department of Agriculture (USDA).
The sale of foods of minimal nutritional value in the food services area during the lunch period is prohibited.
C. The sale of foods and beverages to students that do not meet the USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition standards to be consumed on the school campus, defined as the Academy’s physical plant as delineated in the Academy’s charter during the school day is prohibited.
D. All food items and beverages available for sale to students for consumption on the school campus (any area of property under the jurisdiction of the school that is accessible to students during the school day) between midnight and thirty (30) minutes after the close of the regular school day (the “School day”), as defined in the Academy’s charter contract shall comply with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition standards, including, but not limited to, competitive foods that are available to students a la carte or as entrees in the dining area (except entrée items that were offered on the National School Lunch Program (NSLP) or School Breakfast Program (SBP) menu on the day of and the day after they are offered from vending machines, from school stores, or as authorized fundraisers including those operated by student clubs and organizations, parent groups, or boosters clubs.
E. The food service program will provide all students affordable access to the varied and nutritious foods they need to be healthy and to learn well.
The Board designates the ESP as the individual charged with operational responsibility for verifying that the Academy meets the goals established in this policy.
The ESP shall appoint an Academy wellness committee that includes parents, students, representatives of the Academy food authority, educational staff (including physical education teachers), school health professionals, members of the public and Academy administrators to oversee development, implementation, evaluation and periodic update of the wellness policy. The Wellness Committee shall be an ad hoc committee with members recruited and chosen annually.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8510 - page 347
The Wellness Committee shall be responsible for:
A. assessment of the current Academy environment;
B. review of the Academy's wellness policy;
C. presentation of the wellness policy to the Board for approval;
D. measurement of the implementation of the policy;
E. recommendation for the revision of the policy, as necessary.
Before the end of each school year the Wellness Committee shall recommend to the ESP any revisions to the policy it deems necessary.
The ESP shall report annually to the Board on the progress of the Wellness Committee and on its evaluation of policy implementation and areas for improvement, including status of compliance by individual schools and progress made in attaining goals of policy.
The ESP is also responsible for informing the public, including parents, students and community members, on the content and implementation of this policy. In order to inform the public, the ESP shall:
A. distribute information at the beginning of the school year to families of Academy children;
and post the policy on the Academy's website, including the Wellness Committee's assessment of the implementation of the policy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8510 Appendix F - page 348
BOARD RESOLUTION
WHEREAS children need access to healthy foods and opportunities to be physically active in order to grow, learn and thrive; and
WHEREAS good health fosters student attendance and education; and
WHEREAS obesity is increasing rapidly in the United States, affecting adults and children of all races, ethnicities, and income levels; and
WHEREAS the prevalence of overweight children aged 6-11 has more than doubled in the last 20 years and the number of overweight adolescents aged 12-19 has more than tripled in that same time; and
WHEREAS overweight children and adolescents are more likely than not to remain overweight, become obese adults, and develop related chronic illnesses; and
WHEREAS reversing the obesity epidemic among children will require a long term, wellcoordinated approach to reach young people where they live, learn, and play; and
WHEREAS schools can effectively partner with other public, non-profit, and private sector organizations in an effort to re-shape social and physical environments and provide information and practical strategies to help children and adults adopt more healthy lifestyles; and
WHEREAS the Child Nutrition and WIC Reauthorization Act of 2004 established a new requirement that all Academies with a Federally-funded school meals program develop and implement wellness policies that address nutrition and physical activity no later than the beginning of the 2006 – 2007 school year;
THEREFORE BE IT RESOLVED that it is the intent of the Board of the The New Standard to comply fully with 42 USC 1751 Section 204, which requires that any local educational agency participating in the National School Lunch Program establish a local school wellness policy; and
BE IT FURTHER RESOLVED that the ESP shall seek the involvement of parents, students, representatives of the school food service program, the Academy board, Academy administrators, and the public as the Academy's wellness policy is developed, and shall recommend a policy to the Board not later than May 2016; and
BE IT FURTHER RESOLVED that the Board reserves the right to modify the recommended policy as it deems necessary; and
BE IT FURTHER RESOLVED that said policy shall be adopted no later than June 2016 and shall be effective on the first day of the school year beginning after July 1, 2006.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8531 - page 349
FREE AND REDUCED-PRICED MEALS
Reference: 380.1272 et seq. 42 USC 1751 et seq. 42 USC 1771 et seq.
The Board recognizes the importance of good nutrition to each student's educational performance. The Board shall provide eligible students with breakfast and lunch at a reduced rate or at no charge to the student. A student's eligibility for free or reduced-price meals shall be determined by the criteria established by the Child Nutrition Program. These criteria are issued annually by the Federal government through the MDE.
The Board designates the ESP to determine in accordance with Board standards, the eligibility of students for free and/or reduced-price meals. The Academy shall annually notify all families of the availability, eligibility requirements, and/or application procedure for free and reduced-price meals by distributing an application to the family of each student enrolled in the Academy and [shall/may] seek out and apply for such Federal, State, and local funds as may be applied to the Academy's program of free and reduced-price meals.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8540 - page 350
VENDING MACHINES
Reference: 42 USC 1779 7 CFR Parts 210 and 220
The Board recognizes that vending machines can produce revenues which are useful to augment programs and services to students and staff. It will, therefore, authorize their use in school facilities providing that the following conditions are satisfied.
A. A contract is made with a reputable supplier of vending machines and products to install, service, stock, and maintain each vending machine.
B. No food or beverages are to be sold or distributed which will compete with the Academy's food-service program.
The ESP shall develop and implement Administrative Procedures which will require that these conditions are adhered to on a continuing basis.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8660 - page 351
TRANSPORTATION BY PRIVATE VEHICLE
Reference: AC Rule 340.279, 340.282
The Board authorizes the transportation, by private vehicle, of students of the Academy. Any such transportation must be approved in advance and in writing by the School Leader, or designee, in accordance with the ESP's Administrative Procedures.
On request, the parent of the participating student will be given the name of the driver and the description of the vehicle.
No person shall be approved for the transportation of students in a private vehicle who is not
A. an employee of the ESP;
B. an approved volunteer;
C. the parent of a student enrolled in the Academy.
The driver must hold a current, valid license to operate a motor vehicle in the State of Michigan and must have automobile liability and personal injury insurance in the amount required by the ESP's Administrative Procedures. The School Leader may withdraw the authorization of any private vehicle driver whose insurance is not adequate.
Any private vehicle used for the transportation of students must be owned by the approved driver or the spouse of the approved driver and must conform to registration requirements of the State.
The responsibility of professional staff members for the discipline and control of students will extend to their transportation of students in a private vehicle. Drivers who are not staff members are requested to report student misconduct to the School Leader.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8710 - page 352
INSURANCE
Reference: MCL 129.51, 380.124, 380.1269, 380.1332
The Board shall purchase with Academy funds the type and amount of insurance necessary to protect the Academy from major financial losses.
Insurance purchased shall include, but need not be limited to, the following:
A. negligent acts or omissions that cause personal injury or wrongful death;
B. fire and extended coverage on buildings and contents;
C. comprehensive bodily injury, property damage on automobiles, buses, and trucks;
D. boiler and machinery;
E. special coverage for equipment not ordinarily covered under a standard policy;
F. employee insurance coverage as specified or by Board action;
G. worker's compensation coverage.
Insurance for a given coverage shall be obtained at the lowest possible cost, assuming service and company reliability are satisfactory. The ESP shall administer the insurance program.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8740 - page 353
BONDING
Reference: MCL 380.85, 380.124, 380.243, 380.317
The Board recognizes that prudent trusteeship of the resources of the Academy dictates that ESP employees be bonded, if they are responsible for the safekeeping of Academy monies and property.
The Academy shall be indemnified against loss of money and property by bonding ESP employees who hold the responsible positions. The amounts of the bonds shall be determined by the Board, in accordance with State law.
All other ESP employees handling money shall be covered under a blanket bond for an amount determined by the Board.
The ESP shall bear the cost of bonding each employee required to be bonded by this policy.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8800 - page 354
RELIGIOUS AND PATRIOTIC CEREMONIES AND OBSERVANCES
Reference: 20 USC 4071 et. seq. Gregoire vs. Centennial School 907 F2d 1366, (3rd Circuit, 1990) Lee vs. Weisman, 112 S. Ct 2649, 120 L. Ed. 2d 467 (1992) MCL 380.1347, 380.1347a, 380.1565
Decisions of the United States Supreme Court have determined that public schools must neither advance nor inhibit religious beliefs or practices. Under the First and Fourteenth Amendments to the Constitution, this remains the inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. No matter how well intended, either official or unofficial sponsorship of religiously oriented activities by the Academy are offensive to some and tend to supplant activities that should be the exclusive province of individual religious groups, churches, private organizations, and/or the family.
Staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration. The Academy shall not function as a disseminating agent for any person or outside agency for any religious or anti-religious document, book, or article. Distribution of such materials on school property by any party shall be prohibited in accordance with Policy and Administrative Procedures 7510 - Use of School Facilities and 9700 - Relations with Special Interest Groups.
The Board acknowledges that it is prohibited from adopting any policy or rule respecting or promoting the establishment of religion or prohibiting any person from the free, individual, and voluntary exercise or expression of the individual's/person's religious beliefs. However, such exercise or expression may be limited to lunch periods or other non-instructional time periods when individuals are free to associate.
Observance of religious holidays through devotional exercises or acts of worship is also prohibited. However, acknowledgement, explanation, and instruction about the special holidays of various religions are encouraged. Celebration activities, involving nonreligious decorations and use of secular works, are permitted. Nonetheless, faculty members have the responsibility to ensure that such activities are strictly voluntary, do not place an atmosphere of social compulsion or ostracism on minority groups or individuals, and do not interfere with the educational program of the Academy.
The Board shall not conduct or sanction a baccalaureate service in conjunction with graduation ceremonies.
The Board shall not include religious invocations, benedictions, or formal prayer at any schoolsponsored event.
The United States Flag and Pledge of Allegiance
The flag of the United States shall be raised above each public school building operated by the Academy at all times during school hours, weather permitting. This flag shall measure at least 4 feet 2 inches by 8 feet. A United States flag shall also be displayed in every classroom or other instructional site in which students recite the Pledge of Allegiance.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8800 - page 355
All students in attendance at school will be provided an opportunity to recite the Pledge each day that school is in session. However, no student shall be compelled to recite the Pledge of Allegiance. No student shall be penalized for failure to participate in the Pledge and the professional staff shall protect any such students from bullying as a result of their not participating in the Pledge.
The building principal or administrator shall be responsible for determining the appropriate time and manner for reciting the Pledge, with due regard to the need to protect the rights and the privacy of a nonparticipating student.
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8900 - page 356
ANTI-FRAUD
This policy is implemented to advise Academy personnel about activities which may be fraudulent, illegal or otherwise unethical. The Board will not tolerate such activities and disciplinary measures will be implemented as appropriate.
Scope
This policy applies to any fraud, or suspected fraud, involving Academy personnel as well as consultants, vendors, contractors, outside agencies doing business with employees of such agencies, and any other parties with a business relationship with the Academy.
Policy
Fraud and fraudulent activity is strictly prohibited.
Academy personnel shall be responsible for reporting any observed or suspected fraud or fraudulent activity to the School Leader or Board President.
All administrators shall be vigilant for any conduct that may appear to constitute fraud within the areas of their responsibility.
All reporting and investigation shall be done in accordance with the Academy's guidelines on this subject.
Fraud – Definitions
Fraud is defined as the intentional, false representation or concealment of a material fact for the purpose of inducing another to act upon his/her injury.
The following are examples of prohibited acts:
A. Falsification of any record with the intent to conceal information to the Academy's detriment or the individual's advantage, particularly financial records;
B. Forgery of a check, bank draft, wire transfer or any other financial document;
C. Unauthorized alteration of a financial document or account belonging to the Academy;
D. Misappropriation of funds, supplies or other assets of the Academy;
E. Impropriety in the handling or reporting of money or financial transactions;
F. Disclosing confidential and proprietary information to outside parties for personal gain (either directly or indirectly);
G. Asking for or accepting anything of material value from contractors, vendors or persons providing services or materials to the Academy, except as provided in gift policies;
BOARD OF DIRECTORS OPERATIONS THE NEW STANDARD 8900 - page 357
H. Unauthorized destruction, removal, or use of records, furniture, fixtures and/or equipment for personal gain (either directly or indirectly);
I. Misuse of State or Federal funds for other than their designated purposes.
This list is meant to illustrate the types of activities that are prohibited. It is not comprehensive. Other misconduct of a similar nature is similarly prohibited.
Confidentiality
The Academy will maintain confidentiality with regard to the reports of suspected misconduct and the investigation, to the extent consistent with the conduct of an appropriate investigation and its obligations under the Freedom of Information Act. However, absolute confidentiality for reporting witnesses and investigation results cannot be guaranteed.
Except as authorized by the School Leader or his/her designee, the reporting witness and others interviewed are not to discuss the allegations or investigation with other Academy personnel or officials, vendors or contractors. Such discussions may interfere with the investigation. Further, because of the nature of the alleged misconduct, unsubstantiated allegations which are not privileged could harm an innocent individual's reputation and result in potential civil liability.
Non-Retaliation
Those who, in good faith, report suspected fraudulent activity will not be subject to any retaliation as a result of bringing the suspected misconduct forward.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9000 - page 358
9000 RELATIONS
9111 Telephone Communications (BP) ........................................................... 359
9120 Academy Information Program (BP) ....................................................... 360
9130 Public Complaints (BP) ............................................................................ 361
9150 Academy Visitors (BP) ............................................................................. 366
9160 Public Attendance At Academy Events (L) ............................................ 368
9211 Academy Support Organizations (BP) .................................................... 370
9250 Parent/Legal Guardian Review Of Instructional Materials And Observation Of Instructional Activities (L) ..................................... 372
9500 Relations With Educational Institutions and Organizations (BP) ........................................................................................................... 373
9555 Partnerships With Business (BP)............................................................ 374
9700 Relations With Special Interest Groups (BP) ......................................... 375
9700.01 Advertising And Commercial Activities (BP) ......................................... 378
9710 Volunteers (BP) ........................................................................................ 381
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9111 - page 359
TELEPHONE COMMUNICATIONS
The Board is vitally interested in maintaining effective communication with parents, members of the community, vendors, and others who have dealings with the School. The Board realizes that, although advances in technology provide the possibility of enhancing communications, some innovations can also inhibit effective contact between the public and School personnel.
The Board directs incoming calls during regular school hours to be answered by a School staff member or volunteer, not by a computer-generated voice to ensure that each caller's concern is handled in an expeditious, personal manner.
Under certain rare circumstances, if it is not possible for a staff member or volunteer to be available to answer a telephone call to a main office number, a computer message may be substituted, provided the message tells the caller how to contact a School staff member who will personally respond to the caller's need.
Telephone calls to extension numbers within the School may be answered by voice mail provided the caller is offered the alternative of dialing “0” and talking to a staff member or volunteer.
Under no circumstances is the telephone system to operate in such a way that a caller is unable to talk directly to someone who can assist the caller. In cases of emergency, lack of effective telephone contact could be critical.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9120 - page 360
ACADEMY INFORMATION PROGRAM
The Board directs the ESP to employ reasonable means to keep parents and other interested parties informed on matters of importance regarding Academy policies, finances, programs, personnel, and operations. The ESP shall develop Administrative Procedures for this purpose.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9130 - page 361
PUBLIC COMPLAINTS
Reference: 20 USC 1232 (h)
Any person or group having a legitimate interest in the operations of the Academy shall have the right to present a request, suggestion, or complaint concerning staff, the curriculum, or operations of the Academy. At the same time, the Board has a duty to protect staff from unnecessary harassment. The purpose of this policy is to provide the means for judging each public complaint in a fair, impartial manner and to seek a remedy, when appropriate.
The Board desires to rectify any misunderstandings between the public and the Academy by direct, informal discussions among the interested parties. More formal procedures shall be employed only when such informal meetings fail to resolve the differences.
Any requests, suggestions, or complaints reaching the Board, Board members, and/or the administration shall be referred to the ESP for consideration, according to the procedures detailed below.
Matters Regarding a Staff Member
First Step
The complainant must first address the matter to the staff member, who shall discuss it promptly with the complainant and shall make every effort to provide a reasoned explanation or take appropriate action within his/her authority and Administrative Procedures.
This level does not apply if the matter involves suspected child abuse, substance abuse, or any other serious allegation which may require investigation or inquiry by Academy officials.
As appropriate, the staff member shall report the complaint to the School Leader and explain whatever action may have been taken.
Second Step
If the complaint cannot be satisfactorily resolved, the complainant shall discuss it with the staff member's supervisor and/or School Leader.
Third Step
If a satisfactory solution is not achieved by discussion with the School Leader, the complainant may submit a written request for a conference to the ESP. This request should include the following:
A. the specific nature of the complaint and a brief statement of the factors giving rise to it;
B. the manner in which the complainant (or child of the complainant) alleges s/he has been affected adversely;
C. the reason(s) the matter could not be resolved in discussions with the School Leader;
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9130 - page 362
D. the relief sought by the complainant and the reasons such relief is needed.
Should the matter be resolved in conference with the ESP, the Board shall be advised of the matter and its resolution.
Fourth Step
If the matter is still unresolved or still requires a Board decision or action, the complainant shall request, in writing, a hearing by the Board.
After reviewing all material relating to the case, the Board may provide the complainant with its written decision.
The complainant shall be advised, in writing, of the Board's decision no more than 10 business days following the Board’s decision or action. The Board’s decision will be final on the matter, and the Board will not provide a meeting to other complainants on the same issue.
If the complainant contacts an individual Board member to discuss the matter, the Board member shall inform the complainant that s/he has no authority to act in his/her individual capacity and that the complainant must follow the procedure described in this policy.
Matters Regarding the School Leader
First Step
The complainant must first address the matter to the School Leader, who shall discuss it promptly with the complainant and shall make every effort to provide a reasoned explanation or take appropriate action within her/his authority and the Academy’s Administrative Procedures.
Second Step
If the complaint regarding the School Leader cannot be resolved through discussion, the complainant may submit a written request to the [ ] Educational Service Provider [ ] Board for a conference. This request should include the following:
E. the specific nature of the complaint and a brief statement of the facts giving rise to it; F. G. the manner in which the complainant (or child of the complainant) alleges s/he has been affected adversely; H. I. the reason(s) the matter was not able to be resolved with the School Leader; J. K. the relief sought by the complainant and the reasons such relief is needed. L. The complainant shall be advised, in writing, of the ESP’s decision within ten (10) business days.
Matters Regarding the ESP
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9130 - page 363
Should the matter be a concern regarding the ESP or the ESP’s decision regarding a complaint with the School Leader which cannot be resolved through discussion with the ESP, the complainant may submit a written request for a conference to the Board. This request should include:
A. the specific nature of the complaint and a brief statement of the facts giving rise to it;
B. the respect in which it is alleged that the complainant (or child of the complainant) has been affected adversely;
C. the reason that the matter was not able to be resolved with the ESP; and
D. the relief which the complainant seeks and the reasons why it is felt that such relief is needed.
The complainant shall be advised, in writing, of the Board’s decision with ten (10) business days, following the next regular meeting of the Board. The Board’s decision will be final and not subject to appeal.
Matters Regarding the Educational Program, Services, or Operations
If the request, suggestion, complaint, or grievance relates to a matter of educational program, services, or operations, it should first be addressed to the School Leader. Should the matter still not be resolved, or if it is one beyond the School Leader’s authority and requires an Educational Service Provider decision or action, the complainant shall request, in writing, a hearing by the ESP.
After reviewing all material relating to the case, the ESP may provide the complainant with its written decision or recommend a hearing, before the Board or a committee of the Board.
After reviewing all material related to the case, the complainant shall be advised, in writing, of the Board's decision no more than 10 business days following the next regular meeting. The Board’s decision will be final on the matter, and the Board will not provide a meeting to other complainants on the same issue.
If the complainant contacts an individual Board member to discuss the matter, the Board member shall inform the complainant that s/he has no authority to act as an individual member of the Board and that the complainant must follow the procedure described in this policy.
Matters Regarding Instructional Materials
The ESP shall prepare Administrative Procedures to ensure students and parents are adequately informed each year regarding their right to inspect instructional materials and regarding the procedure for completing such an inspection per Policy 2210.01.
If the request, suggestion, complaint, or grievance relates to instructional materials such as textbooks, library books, reference works, and other instructional aids used in the Academy, the following procedure shall be followed:
A. The criticism is to be addressed to the ESP, in writing, and shall include:
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9130 - page 364
1. author;
2. title;
3. publisher;
4. the complainant's familiarity with the material;
5. sections objected to, by page and item;
6. reasons for each objection.
B. Upon receipt of the information, the ESP shall appoint a review committee, consisting of any/all of the following:
1. one (1) or more professional staff members;
2. one (1) or more Board member;
3. The School Leader (as an ex official member of the committee). 1. C. In evaluating the questioned material, the committee shall be guided by the following criteria:
1. the appropriateness of the material for the age and maturity level of the students with whom it is being used;
2. the accuracy of the material;
3. the objectivity of the material;
4. the instructional use being made of the material.
D. The material in question may be withdrawn from use, pending the committee's recommendation to the ESP.
The committee’s recommendation shall be reported to the ESP, in writing, within thirty (30) business days following the formation of the committee. The ESP will advise the complainant, in writing, of the committee’s recommendation and will advise the Board of the action taken or recommended.
Within thirty (30) business days, the complainant may appeal this decision to the Board, through a written request. The School Leader shall forward to the Board all written material relating to the matter.
The Board shall review the case and advise the complainant, in writing, of its decision within ten (10) business days.
No challenged material may be removed from the curriculum or from a collection of resource materials except by action of the Board, and no challenged material may be removed solely
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9130 - page 365
because it presents ideas that may be unpopular or offensive to some. Any Board action to remove material will be accompanied by the Board’s statement of its reasons for the removal.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9150 - page 366
ACADEMY VISITORS
The Board welcomes and encourages visits to school by parents, other adult residents of the community and interested educators. But in order for the educational program to continue undisturbed when visitors are present and to prevent the intrusion of disruptive persons into the school, it is necessary to establish visitor procedures.
The ESP has the authority to prohibit the entry of any person to the school or to expel any person when there is reason to believe the presence of such person would be detrimental to the good order of the Academy. If such an individual refuses to leave the school grounds or creates a disturbance, the School Leader is authorized to request from the local law enforcement agency whatever assistance is required to remove the individual.
Parents/Guardians, who are registered sex offenders and wish to participate in their child's school activities, may be allowed on campus at the discretion and under the direction of the School Leader. Conditions may be imposed, including but not limited to the following: must have prior permission, must check in, must have approved escort in building or at event, must leave premises immediately upon conclusion of business, and may not visit while school is in session.
Nonstaff access to students and classes must be limited and only in accordance with a schedule which has been determined by the School Leader after consultation with the teacher whose classroom is being visited. Classroom visitations must be nonobtrusive to the educative process and learning environment and should not occur on an excessive basis.
Parent concerns about any aspect of his/her child's educational program should be presented through the procedure set forth in Board Policy 9130 - Public Complaints, a copy of which is available at the office.
Except as set forth in Academy policy, canines brought on the premises by law enforcement personnel for law enforcement purposes, or in the case of "service animals" required for use by a person with a disability, no other animals may be brought or released onto Academy premises at any time.
The ESP shall promulgate such Administrative Procedures as are necessary to protect students and employees from disruption to the educational program or the efficient conduct of their assigned tasks.
Rules regarding entry of persons other than students, staff, and faculty upon school grounds or premises shall be posted conspicuously at or near the entrance to such grounds or premises if there are no formal entrances, and at the main entrance.
Individual Board members who are interested in visiting schools or classrooms on an unofficial basis shall make the appropriate arrangements with the School Leader. In keeping with Board bylaws, such Board member visits shall not be considered to be official unless designated as such by the President.
The Board member shall be visiting as an interested individual in a similar capacity of any parent or citizen of the community. These visits should not be considered to be inspections nor as supervisory in nature.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9150 - page 367
If, during a visit to a school or program, a Board member observes a situation or condition which causes concern, s/he should discuss the situation first with the School Leader as soon as convenient or appropriate. Such a report or discussion shall not be considered an official one from the Board.
If the Board member believes the situation or condition serious enough, s/he may wish to also inform the ESP.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9160 - page 368
PUBLIC ATTENDANCE AT ACADEMY EVENTS
Reference: 28 C.F.R. Part 35
The Board welcomes the attendance of members of the community at athletic and other public events held by the schools in the Academy, but the Board also acknowledges its duty to maintain order and preserve the facilities of the Academy during the conduct of such events. The Board retains the right to bar the attendance of or remove any person whose conduct may constitute a disruption at an Academy event. Academy administrators are expected to call law enforcement officials if a person violates posted regulations or does not leave Academy property when reasonably requested. In accordance with Board Policy 7440, administrators may use metal detectors and other devices to protect the safety and well-being of participants and visitors.
The Board directs that no alcoholic beverage or other controlled substance be possessed, consumed, or distributed nor any betting occur at any function occurring on Academy premises.
Raffles and similar forms of fund-raising by school-related organizations may be permitted by the School Leader in accordance with Policy 9211 - School Support Organizations and Policy 9700 - Relations with Special Interest Groups.
No qualified person with a disability will, because the Academy’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies.
For facilities constructed or altered after June 3, 1977, the Academy will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the Academy is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their child's educational program or meetings pertinent thereto.
If a student or adult is asked to leave or is removed from a school event, no admission fees shall be refunded.
Individuals with disabilities shall have an equal opportunity to purchase tickets for events that have been sanctioned or approved by the Board in accordance with the provisions of the Americans with Disabilities Act, as amended.
Further, in accordance with the provisions of the Americans with Disabilities Act, as amended, the Board shall permit individuals with disabilities to be accompanied by their service animals in all areas of the Academy’s facilities where members of the public, as participants in services, programs or activities, or as invitees, are allowed to go. (See also Policy 8390)
Smoking and/or the use of tobacco and/or tobacco substitute products is prohibited at any time within any enclosed facility owned or leased or contracted for by the Board, and in areas directly or indirectly under the control of the Board immediately adjacent to locations of ingress or egress to such facilities. Such prohibition also applies to:
A. Academy grounds; and
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9160 - page 369
B. in designated areas as defined in statute and by Michigan’s Smoke Free Workplace Program.
The Board is aware of the increasing desire of many parents and other members of an audience to make audio and/or video recordings of Academy events.
Such recordings can be made by parents or other members of the audience without restriction if the performance is not of copyrighted material. However, if the performance is of copyrighted material, recording can be made if the appropriate license authorizing such recordings has been secured in advance by the Academy. If the performance is of copyrighted material and the necessary license has not been secured in advance by the Academy, the audience shall be advised before the performance begins that audio and/or video recordings that will be rebroadcast or distributed in any way, such as posting on the Internet, are prohibited.
The Board authorizes the ESP to establish rules and procedures governing the use of non-school audio/visual recording equipment at any Academy sponsored event or activity. Such rules are to be distributed in such a manner that members of the audience who wish to record the event are aware of the rules early enough to make proper arrangements to obtain their recordings without causing delay or disruption to an activity.
Any person or organization seeking to film students or an Academy activity which is not a public event shall obtain prior permission from the School Leader.
The School Leader shall ensure that all notices, signs, schedules, and other communications about school events contain the following statement:
"Upon request to the School Leader, or designee, the Academy shall make reasonable accommodation for a disabled person to be able to participate in this activity."
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9211 - page 370
ACADEMY SUPPORT ORGANIZATIONS
The Board appreciates the formation and efforts of organizations whose objectives are to enhance the educational experiences of students in the Academy, to help meet educational needs of students, and/or provide extra educational benefits not currently provided for by the Board.
The Board recognizes that parent-teacher organizations and other school-related organizations are channels through which Academy personnel, parents, and other citizens may discuss educational concerns, problems, and needs and then work together toward solutions.
No organization may hold itself out as affiliated in any manner with the Academy unless directly approved to do so by the Academy Board, and then only as a “booster” or PTA/PTO organization for support purposes. No support organization shall be, or hold itself out as, an agent of the Academy for any purpose whatsoever.
Upon request by an organization that wishes to affiliate with the Academy, the School Leader shall do the following and make a recommendation related to same to the Academy Board:
A. review the objectives of a volunteer group to determine that relevant, genuine educational needs are being addressed;
B. provide assistance to support organizations in planning their activities;
C. monitor the plans and activities of support organizations to ensure compliance with laws, Board policies, and Administrative Procedures;
D. communicate the needs and concerns of the Academy to the support organizations and the needs and concerns of these organizations to the Board;
E. approve in-school fund-raising activities of support organizations;
F. establish and maintain procedures related to proposed monetary and other gifts to the Academy that will provide for proper screening, acceptance, acknowledgement, and use.
A volunteer support organization recognized by the Academy Board shall work in cooperation with the School Leader and other staff members and, in the event it ceases to do so, its affiliation may be revoked by the Academy Board. The support organization and shall abide by the policies of the Board and the procedures established by the ESP.
By the end of August of each year, each volunteer support organization shall submit its tentative goals and objectives, along with its fund-raising plans for the next school year, to the School Leader. Should the goals and objectives or fund raising plans change during the year, the School Leader is to be advised before any final revisions are made.
The ESP shall implement Administrative Procedures which ensure that each group's fund-raising activities are in compliance with Board policies and the funds are used for school-related projects that have the approval of the School Leader.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9211 - page 371
The ESP shall ensure that the Board receives an annual accounting of each volunteer support organization's receipts and expenditures. However, neither the Academy nor the Academy Board are, or shall be, fiduciaries of such funds, nor shall the Academy or the Academy Board be responsible for auditing such receipts and expenditures.
IN NO EVENT SHALL A SUPPORT ORGANIZATION USE THE ACADEMY’S FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) FOR ANY PURPOSE WHATSOEVER, NOR SHALL IT HOLD ITSELF OUT AS AFFILIATED WITH THE ACADEMY FOR ANY REASON OTHER THAN AS A “BOOSTER” ORGANIZATION OR PTA/PTO, PROVIDED SUCH QUALIFICATIONS, IN FACT, EXIST.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9250 - page 372
PARENT/LEGAL GUARDIAN REVIEW OF INSTRUCTIONAL MATERIALS AND OBSERVATION OF INSTRUCTIONAL ACTIVITIES
Reference: MCL 380.1137
Where the term “parent” or “parents” is used in this policy, it shall include legal guardians.
Parents have the right to inspect any instructional materials used as part of the educational curriculum for their student. “Instructional materials” includes curricula, textbooks, teaching materials and other instructional content, regardless of format, that is provided to the student, including printed or representational materials, audio-visual materials, and materials available in electronic or digital formats (such as material accessible through the Internet). “Instructional materials” does not include academic tests or academic assessments.
Parents also have the right to be present, to a reasonable degree, and at reasonable times and subject to reasonable restrictions, to observe instructional activity (excluding testing) in a class or course in which the parent’s pupil is enrolled and present.
The ESP shall develop Administrative Procedures for addressing the rights of parents and to assure timely response to parental requests to review instructional material or to observe instructional activity. The procedures also shall address reasonable notification to parents and students of their rights pursuant to this policy.
This policy shall not supersede any rights provided under the Family Educational Rights and Privacy Act.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9500 - page 373
RELATIONS WITH EDUCATIONAL INSTITUTIONS AND ORGANIZATIONS
The Board directs that strong lines of communication be maintained by the Academy with other schools, institutions, and organizations that provide school students with programs, training, or services not available in the Academy.
The ESP may recommend for Board approval such cooperative ventures with institutions or organizations for the purpose of providing programs correlated to the Academy’s curriculum and helping students better accomplish the educational outcomes established by the Board.
Before entering into any agreements, the ESP shall keep the Board advised of any arrangements that would affect the use of Academy resources or require any additional resources of the Academy.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9555 - page 374
PARTNERSHIPS WITH BUSINESS
The Board is well aware of the role that education plays in increasing the nation's productivity and future well-being. To ensure success requires the combination of talent and resources within the region between business and education. The Board also recognizes the Academy needs to operate as an integral part of the economic community, if students are to receive the type of education and training they will need to function effectively in the twenty-first century.
The Board may establish partnerships between the Academy and individual companies. The purpose of such partnerships will be to seek opportunities for students and staff to share in new strategies and technologies being created in the business world and to offer, in exchange, the knowledge and skill of school personnel in creating more effective continuing education for employees and members of the community. Properly planned and implemented, such partnerships could have significant impact on the nature and content of the curriculum and on the manner in which students are taught to learn.
The ESP is authorized to actively seek and present such partnerships for Board approval.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700 - page 375
RELATIONS WITH SPECIAL INTEREST GROUPS
The Board directs that students, staff members, and Academy facilities not be used for advertising or promoting the interests of any non-school agency or organization, public or private, without the approval of the Board or its delegated representative; and any such approval, granted for whatever cause or group, shall not be construed as an endorsement of said cause or group by this Board.
Political Interests
All materials or activities proposed by outside political sources for student or staff use or participation shall be reviewed by the ESP on the basis of their educational contribution to part or all of the Academy program and benefit to students, and no such approval shall have the primary purpose of advancing the name, product, or special interest of the proposing group.
The Board shall not permit the use of any type of educational material, program, or equipment in its curricular, co-curricular, or extra-curricular activities or at any time during the school day, if such materials, programs, or equipment contain partisan political messages or are designed to persuade students or staff members to acquire a particular product or service offered by a named individual, company, organization, association, or agency. With the approval of the School Leader, the professional staff may, however, utilize appropriate political materials, or those provided by special interest groups, in adopted courses of study.
School facilities or equipment may not be used as a means of producing or disseminating to the community any materials that advertise or promote a political party, a political cause, or the candidacy of an individual for public office. Students and employees of the Educational Service Provider (employed by the Board) shall not be used to distribute campaign literature within the school or on school grounds.
Contests/Exhibits
The Board recognizes contests, exhibits, and the like may benefit individual students or the Academy as a whole, but participation in such special activities may not:
A. have the primary effect of advancing a special product, group, or company;
B. make unreasonable demands upon the time and energies of staff or students or upon the resources of the Academy;
C. interrupt the regular school program;
D. involve any direct cost to the Academy unless the student body as a whole derives benefit from such activities;
E. cause the participants to leave the Academy, unless the Board's Policy 2340 (Field and Other School Sponsored Trips) has been complied with in all aspects.
Distribution/Posting Literature
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700 - page 376
No outside organization or staff member (or student) representing an outside organization may distribute or post literature on that organization's behalf on school property either during or after school hours without the permission and prior review of the ESP.
The ESP shall establish administrative procedures which ensure that:
A. criteria established in Policy 5722 - Student Publications and Productions - are used to make a decision regarding materials that students seek to post or distribute;
B. the school mail system is not used by students or staff for distribution of non-school related materials;
C. no materials from any profit-making organization are distributed for students to take home to their parents unless authorized by the School Leader;
D. the time, place, and manner of distribution of all non-school related materials is clearly established and communicated.
E. flyers and notices from outside non-profit organizations may be made available for students to pick up at the literature distribution rack/table by the school building's office, under the following circumstances:
1. the flyer/notice publicizes a specific community activity or event that is age appropriate for the students that attend the school;
2. the organization submits the number of copies of the flyer that it wants placed in the literature distribution rack/table;
No student shall be required to take any of the flyers/notices placed in the literature/distribution rack/table, and the rack/table shall contain a clear notice that the ESP does not support or endorse any of the organizations and/or activities/events identified in the flyers/notices.
Solicitation of Funds
Because the Academy cannot accommodate every organization that desires to solicit funds for worthy purposes, the Board shall not permit any outside organization to solicit funds on Academy property.
Permission to solicit funds will be granted only to those organizations or individuals who meet the permission criteria established in the Administrative Procedures. Solicitation must take place at such times and places and in such a manner specified in the Administrative Procedures. In accordance with Board Policy 5830, no Academy student may participate in the solicitation without the School Leader’s approval.
Prizes/Scholarships
The Board is appreciative of the generosity of organizations which offer scholarships or prizes to deserving students in the Academy. In accepting the offer of such scholarships or prizes, the Board directs that these guidelines be observed:
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700 - page 377
A. No information either academic or personal shall be released from the student's record for the purpose of selecting a scholarship or prize winner without the permission of the student who is eighteen (18) or the parents of a student who is younger, in accordance with the Board's policy on student records.
Sale of School Supplies
In determining the appropriateness of the sale of school supplies by organizations other than the Academy, the Board requires that:
A. the organization has a purpose which will benefit the Academy and its students;
B. the organization's planned activities are clearly in the best interest of the Academy and its students.
All funds generated by the sale of such school supplies shall be kept separate from other activity funds or other transactions of the Board.
Surveys and Questionnaires
No organization related (or not) to the Academy shall be allowed to administer a survey or questionnaire to students or staff, unless the instrument and the proposed plan are submitted in advance to the School Leader for approval. If the survey or questionnaire is approved, a copy of the results and the proposed manner of their communication must be provided to the School Leader for review and approval before they are released.
Students shall not be required to complete surveys to provide marketing information to vendors, or distribute to vendors any personal information of students, including but not limited to names, addresses, and telephone numbers, except as may be required by law. In addition, the Academy shall not enter into any contract for products or services, including electronic media services, where personal information will be collected from the students by the providers of the services.
See also Policy 2416 and AG 2416.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700.01 - page 378
ADVERTISING AND COMMERCIAL ACTIVITIES
The purpose of this policy is to provide procedures for the appropriate and inappropriate use of advertising or promoting of commercial products or services to students and parents in the schools.
"Advertising" comes in many different categories and forums and is defined as an oral, written or graphic statement made by the producer, manufacturer, or seller of products, equipment, or services which calls for the public's attention to arouse a desire to buy, use or patronize the product, equipment, or services. This includes the visible promotion of product logos for other than identification purposes. Brand names, trademarks, logos or tags for product or service identification purposes are not considered advertising.
The Board may permit advertising in school facilities or on school property in the following categories or forums in accordance with the procedures set forth herein:
Product Sales:
A. product sales benefiting a school or student activity (e.g., the sale of beverages or food within schools);
B. exclusive agreements between the Academy and businesses that provide the businesses with the exclusive right to sell or promote their products or services in the school (e.g. pouring rights contracts with soda companies);
C. fundraising activities (e.g., short term sales of gift wrap, cookies, candy, etc.) to benefit a specific student population, club or activity where the school receives a share of the profits.
Direct Advertising/Appropriation of Space:
A. signage and billboards in schools and school facilities;
B. corporate logos or brand names on school equipment (e.g., marquees, message boards or score boards);
C. ads, corporate logos, or brand names on book covers, student assignment books, or posters;
D. ads in school publications (newspapers and yearbooks and event programs);
E. media-based electronic advertising (e.g., Channel One or Internet or web-based sponsorship);
F. free samples (e.g., of food or personal hygiene products).
Indirect Advertising:
A. corporate-sponsored instructional or educational materials, teacher training, contests, incentives, grants or gifts;
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700.01 - page 379
B. the Board approves the use of instructional materials developed by commercial organizations such as films and videos only if the education value of the materials outweighs their commercial nature;
C. The films or material shall be carefully evaluated by the School Leader for classroom use to determine whether the films or materials contain undesirable propaganda and are in compliance with the procedures as set forth above.
Market Research:
A. surveys or polls related to commercial activities;
B. internet surveys or polls asking for information related to commercial activities.
It is further the policy of the Board that its name, students, staff members and school facilities shall not be used for any commercial advertising or otherwise promoting the interests of any commercial, political, nonprofit or other non-school agency or organization, public or private, without the approval of the Board or its designee.
Any commercial advertising shall be structured in accordance with the General Advertising Procedures set forth below.
General Advertising Procedures
The following procedures shall be followed with respect to any form of advertising on school grounds:
A. When working together, schools and businesses must protect educational values. All commercial or corporate involvement should be consistent with the Academy’s educational standards and goals.
B. Any advertising that may become a permanent or semi-permanent part of a school requires prior approval of the Board.
C. The Board reserves the right to consider requests for advertising in the schools on a case-by-case basis.
D. No advertisement shall promote or contain references to alcohol, tobacco, drugs, drug paraphernalia, weapons, or lewd, vulgar, obscene, pornographic or illegal materials or activities, gambling, violence, hatred, sexual conduct or sexually explicit material, X or R rated movies, or gambling aids.
E. No advertisement shall promote any specific religion or religious, ethnic or racial group, political candidate or ballot issue and shall be non-proselytizing.
F. No advertisement may contain libelous material.
G. No advertisement may be approved which would tend to create a substantial disruption in the school environment or inhibit the functioning of any school.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9700.01 - page 380
H. No advertisement shall be false, misleading or deceptive.
I. Each advertisement must be reviewed in advance for age appropriateness.
J. Advertisements may be rejected by the Academy if determined to be inconsistent with the educational objectives of the Academy, inappropriate, or inconsistent with the guidelines set forth in this policy.
K. All corporate support or activity must be consistent with the Board's policies prohibiting discrimination on the basis of race, color, national origin, religion, sex, disability, or age, and must be age appropriate.
L. Students shall not be required to advertise a product, service, company or industry.
M. Advertising will not be permitted on the outside or the inside of school buses.
N. The School Leader or designee is responsible for screening all advertising.
O. The School Leader or designee may require that samples of advertising be made available for inspection.
P. The inclusion of advertisements in school publications, in school facilities, or on school property does not constitute or imply approval and/or endorsement of any product, service, organization, or activity.
Q. Final discretion regarding whether to advertise and the content and value of the materials will be with the Board.
Accounting
Advertising revenues must be properly reported and accounted for.
BOARD OF DIRECTORS RELATIONS THE NEW STANDARD 9710 - page 381
VOLUNTEERS
The Board recognizes certain programs and activities can be enhanced through the use of volunteers who have particular knowledge or skills that will be helpful to members of the professional staff responsible for the conduct of those programs and activities.
The School Leader shall be responsible for recruiting volunteers, reviewing their capabilities, and making appropriate placements. S/he shall not place or assign volunteers whose abilities are not in accord with Academy needs.
Any volunteer who works with or has access to students shall submit to a criminal history records check, prior to being allowed to participate in any activity or program.
Any volunteer who works with or has access to students shall be screened through the Internet sites for the Sex Offenders Registry [SOR] list, the Internet Criminal History Access Tool [ICHAT] criminal history records check and the Offender Tracking Information System [OTIS] prior to being allowed to participate in any activity or program.
The School Leader is to inform each volunteer about his/her requirements and responsibilities. Volunteers are expected to agree to the following conditions:
A. abide by all Board policies and Academy procedures while on duty as a volunteer, including signing, if appropriate, the Academy’s Network and Internet Access Agreement Forms;
B. be covered under the Academy's liability policy. (However, volunteers shall be informed that the Academy cannot provide any type of health insurance to cover illness or accident incurred while serving as a volunteer, nor is the volunteer eligible for worker’s compensation);
C. sign a form releasing the Academy of any obligation if the volunteer becomes ill or receives an injury as a result of his/her volunteer services.
The School Leader shall also demonstrate to each volunteer the Academy's appreciation for his/her time and efforts in assisting the operation of the Academy.
The ESP shall develop Administrative Procedures to ensure the proper administration of this policy.