LEAD-DEADWOOD SCHOOL
DISTRICT 40-1
POLICY BOOK
TABLE OF CONTENTS
by
Section A: Foundations and Basic Commitments
Section
B: School Board Governance and Operations
Section
C: General School Administration
Section
F: Facilities Development
Section
K: School-Community Relations
Section
L: Education Agency Relations
SECTION A: FOUNDATIONS AND BASIC
COMMITMENTS
Below
is listing of Lead-Deadwood School District policies in Section A that have
been approved by the Lead-Deadwood Board of
Education.
AGA
RECOGNITION FOR ACCOMPLISHMENTS
The Board will, from time to time, recognize outstanding service or accomplishments on behalf of the school district by students, staff members, Board members or other citizens. One form of recognition will be the adoption of a resolution citing such service or accomplishment. Another will be letters of commendation from the Board. The Board may invite individuals or groups that have made important school-related contributions or achievements to the Board meeting at which time they will be commended.
The Board of Education will recognize those persons who are or have completed at least one (1) three (3)-year term on the Board of Education to which they were elected or appointed and will no longer be members of the Board of Education with a plaque and a life time pass for all activities of the school district which the Board of Education controls.
The Board of Education may recognize those individuals who have served less than one (1) three (3)-year term but have made outstanding contributions and/or service to the Board of Education.
Adopted:
November 1983
Revised: February 10, 1997
Revised: January 10, 2017
AC
Nondiscrimination in Federal Programs
The District will not violate any of the provisions of applicable federal programs, statutes or regulations, including but not limited to Title IX, ESEA/Title I, Rehabilitation Act Section 504, Title II (Americans with Disabilities Act), ESSA, and McKinney-Vento Act (homeless children). The District will not discriminate in any of its policies and programs on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
The District will provide the following:
1. An adequate, reliable, and impartial investigation of complaints, including the opportunity for the complainant and alleged perpetrator to present witnesses and provide evidence;
2. Evaluation of all relevant information and documentation relating to a complaint of discrimination;
3. Specific, reasonably prompt time frames at each stage of the grievance process;
4. Written notice to all parties within a specified timeframe of the outcome or disposition of the grievance at each stage of the process;
5. An opportunity to appeal the findings or remedy, or both;
6. An assurance that the District will take steps to prevent recurrence of any discrimination and correct discriminatory effects on others; and
7. Language in the policies and grievance procedures indicating that any attempts to informally or voluntarily resolve the complaint or grievance should not delay the commencement of the District’s investigation.
In compliance with applicable federal laws and regulations, the Board has appointed the Superintendent as the District’s Compliance Officer to coordinate program compliance with federal programs. The Superintendent can be reached at:
Lead-Deadwood 40-1
320 S. Main St.
Lead, SD 57754
Phone #: (605) 717-3890
A complaint may also be filed with the United States Office for Civil Rights, U.S. Department of Education at: 1010 Walnut Street, Suite 320, Kansas City, Missouri 64106: Telephone: (816) 268-0550; Facsimile: (816)268-0599; Telecommunication Device for the Deaf: (877) 521.2172; E-mail: OCR.KansasCity@ed.gov.
COMPLAINT PROCEDURE
The Board has adopted a specific procedure to ensure that parental/student/public complaints related to the provisions of applicable federal programs, statutes or regulations, including claims of retaliation. The Board will not discriminate, in any of its policies and programs, on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
The purpose of this complaint procedure is to outline a procedure for addressing parental/student/public complaints about federal program compliance and/or discrimination. Complaints against school employees and complaints related to sexual harassment, bullying, and instructional and library materials are addressed through other School District policies and not through this policy.
For the purposes of this policy, a “complaint” is a perceived or alleged violation of federal programs, statutes or regulations (e.g., Title IX, ESEA/Title I, Rehabilitation Act Section 504, Title II (Americans with Disabilities Act), ESSA, McKinney-Vento Act (homeless children), etc.) and/or discrimination in a policy and/or program on the basis of age, race, color, creed, national origin, ancestry, religion, sex or disability.
To protect the confidentiality of all concerned, it is imperative that any school employee in receipt of a complaint treat the complaint as confidential and that the complaint not be reproduced in any form, nor disclosed or discussed with any person other than those identified as proper recipients of the complaint (i.e., the principal, superintendent, school board).
When a federal program compliance complaint or discrimination/harassment complaint based on race, color, national origin, age or sex (excluding sexual harassment complaints) is brought directly to an individual board member or the entire Board, the board member or entire Board may listen to the person’s complaint but shall take no action unless there has been compliance with this Policy. The person bringing the complaint will be directed to the procedure as set forth below. The following procedure is designed to ensure the proper balance in protecting the rights of the person(s) bringing the complaint and the rights of the employee against whom the complaint is made. It is only when the person having the complaint and the employee involved cannot resolve the problem, and the complaint cannot be resolved at the administrative level, will the Board and board members become involved.
Should it be determined that discrimination or harassment occurred based on race, color, national origin, age or sex, the District will take steps to prevent recurrence of any discrimination or harassment and to correct its discriminatory effects on others, if appropriate.
STEP 1: Initial Complaint
A. The person having the complaint related to federal program compliance or discrimination/harassment complaint based on race, color, national origin, age or sex (excluding sexual harassment complaints), the person must initiate the complaint procedure in one of the following ways:
- meet
and discuss the concern with the Employee involved;
OR
- meet
and discuss the concern with the Employee’s Principal.
1. If the Complainant met with the Employee and the complaint was not resolved, the Complainant must meet and discuss the complaint with the Employee’s Principal within ten (10) calendar days of the meeting with the Employee. The Principal shall complete a Complaint Form, Exhibit AC-E(1). The Complainant shall sign and date the Complaint Form verifying the accuracy of its content.
2. If the Complainant initiates the complaint by meeting with the Principal, the Principal shall complete a Complaint Form, Exhibit AC-E(1). The Complainant shall sign and date the Complaint Form verifying the accuracy of its contents.
B. Upon the Complaint Form being signed and dated by the Complainant, the Principal shall give a copy of the complaint to the District’s Compliance Officer (Superintendent). The Principal shall also give a copy of the complaint to the Employee and schedule an informal meeting with only the Complainant, Employee and Principal present. At the meeting, the Principal shall attempt to facilitate discussion between the Complainant and Employee by seeking clarification of the issue(s) and seeking a resolution to the complaint. However, attempts to informally or voluntarily resolve the complaint should not delay the commencement of the District’s investigation. Should a resolution be obtained, the resolution shall be noted on the Complaint Form. Should a resolution not be obtained, the Complainant and/or the Employee may request a decision by the Principal on the merits of the complaint by making the request on the Complaint Form.
C. If the Principal is asked to make a decision on the merits of the complaint, the Principal has the authority to investigate the complaint beyond the information received from the Complainant and Employee during the meeting with the Complainant, Employee and Principal. During the Principal’s investigation the complainant and alleged perpetrator shall both have the opportunity, at separate times, to present witnesses and provide evidence to the Principal. The Principal shall evaluate all relevant information and documentation related to the complaint of discrimination or harassment and shall render a decision in writing within fourteen (14) calendar days of the request for a decision on the merits of the complaint. The time frame for rendering a decision by the Principal may be extended by the Principal for good cause and upon written notification to the Complainant and Employee. The notification shall identify the reason for the extension and the date on or before which the decision shall be rendered. The Complainant and the Employee shall receive written notification of the Principal’s determination/resolution.
D. The Principal’s decision may be appealed by the Complainant or Employee to the Superintendent within (10) ten calendar days of receipt of the Principal’s written decision pursuant to Step 2. If the Principal does not render a written decision within the required time frame (14 days unless extended) the Complainant or Employee may appeal to the Superintendent pursuant to Step 2.
Should the complaint be against a Principal, the Superintendent shall address the complaint through the procedure set forth in Step 1. An appeal by the Complainant pursuant to Step 1D may be filed with the School Board pursuant to Step 3.
Should the complaint be against the Superintendent (or the Principal who also is the Superintendent) the Complaint Form, Exhibit AC-E(1), shall be given to the Business Manager. The Business Manager shall give the Complaint Form to the School Board President or Chairperson. At the next School Board meeting, the School Board will designate a person who is not an Employee of the District to address the complaint through the procedure set forth in Step 1. An appeal by the Complainant pursuant to Step 1D may be filed with the School Board pursuant to Step 3.
STEP 2: Appeal to the Superintendent
The following procedure shall be used to address an appeal of the Principal’s decision made in Step 1, or if the Principal failed to render a decision in the required time frame:
A. The appeal shall be in writing using Exhibit AC-E(2). The appealing party must attach the complaint and the Principal’s written decision, if a decision was rendered.
B. Upon receipt of an appeal, the Superintendent will provide a copy of the appeal to the other party. Within five (5) calendar days, the other party may submit a written response to the appeal. The Superintendent shall provide a copy of the response to the appealing party.
C. In the Superintendent’s sole discretion, the Superintendent may (a) meet and discuss the matter with the Complainant and Employee, (b) meet and discuss the matter with the Complainant, Employee and Principal, or (c) meet and discuss the matter with the Principal.
D. Within fourteen (14) calendar days from the date the appeal was filed with the Superintendent, the Superintendent shall render a decision in writing. The time frame for rendering a decision by the Superintendent may be extended by the Superintendent for good cause and upon written notification to the Complainant and Employee; the notification shall identify the reason for the extension and the date on or before which the decision shall be rendered. The Complainant, Employee and Principal shall receive copies of the decision. The Superintendent may uphold, reverse or modify the Principal’s decision. The Superintendent may also refer the matter back to the Principal for further investigation. The Principal may uphold, modify or reverse his or her initial decision. After a matter has been referred back to the Principal, and the Principal rendered a second decision, that decision may also be appealed to the Superintendent.
E. The Superintendent’s decision may be appealed by the
Complainant to the School Board within (10) ten calendar days of receipt of the Superintendent’s written decision pursuant to Step 3. If the Superintendent does not render a written decision within the required time frame (14 calendar days unless extended) the Complainant may appeal to the School Board pursuant to Step 3.
F. If the Employee believes the Superintendent’s decision constitutes a violation, misinterpretation or inequitable application of School Board policy or collective bargaining agreement applicable to the Employee, the Employee may file a grievance pursuant to the applicable grievance policy. A grievance filed pursuant to this provision shall be initiated at the Superintendent level.
STEP 3: Complainant’s Appeal to the School Board
The following procedure shall be used to address an appeal of the Superintendent’s decision made in Step 2, or if the Superintendent failed to render a decision in the required time frame:
A. An appeal to the School Board shall be in writing using Exhibit AC-E(3).
The Complainant must attach the complaint, the Principal’s written decision if a decision was rendered, the appeal to the Superintendent, the response to the appeal if any, and the Superintendent’s decision if one was rendered.
B. The appeal must be filed with the President/Chairperson of the School Board or Business Manager within ten (10) calendar days of Complainant’s receipt of the Superintendent’s written decision, or within ten (10) days of the deadline for the Superintendent’s written decision, whichever comes first.
C. Upon receipt by the Board President/Chairperson of an appeal by the Complainant, a copy of the appeal shall be given to the Employee involved.
D. Upon receipt of an appeal to the School Board, the School Board shall schedule a date, time and location for the appeal hearing.
E. The following procedure shall be applicable at the appeal hearing before the School Board:
1. The School Board shall appoint a school board member or a person who is not an employee of the school district as the Hearing Officer.
2. Within thirty (30) calendar days of an appeal being filed with the School Board, the School Board shall conduct a hearing in executive session.
3. The Complainant, Employee and Superintendent each have the right to be represented at the hearing.
4. The School Board shall make a verbatim record of the hearing by means of an electronic device or a court reporter. This record and any exhibits must be sealed and must remain with the Hearing Officer until the appeal process has been completed.
5. The issue on appeal is whether the Superintendent’s decision should be upheld, reversed or modified by the School Board; in the absence of a decision by the Superintendent, the School Board will make a decision on the merits of the complaint.
6. All parties shall be given the opportunity to make an opening statement, with the Complainant being given the first opportunity, followed by the Employee and then the Superintendent.
7. The Complainant shall present his or her case first, and the Employee shall then present his or her case. Both parties shall have the opportunity to ask questions of the other’s witnesses. The Hearing Officer and school board members may ask questions of any witness.
8. After the Complainant and the Employee have presented their respective cases, the Superintendent shall then present the basis of his/her decision which led to the appeal, if a decision was rendered. The Complainant and Employee shall have the opportunity to ask the Superintendent questions. The Hearing Officer and board members may also ask questions of the Superintendent.
9. Unless a witness is a party to the appeal, witnesses may be present only when testifying unless the Hearing Officer rules otherwise. All witnesses must take an oath or affirmation administered by the School Board President/ Chairperson, Hearing Officer or other person authorized by law to take oaths and affirmations.
10. The Hearing Officer shall admit all relevant evidence. The Hearing Officer may limit unproductive or repetitious evidence. The strict rules of evidence do not apply. Moran v. Rapid City Area School Dist., 281 N.W.2d 595. 602 (S.D. 1979) (“This [school board hearing related to teacher contract nonrenewal] does not mandate nor necessitate the use of strict evidentiary rules.”).
11. Both parties shall be given the opportunity to make a closing statement, with the Complainant having the first opportunity, followed by the Employee, and then the Superintendent. The Complainant shall be given the opportunity for a brief rebuttal.
12. After the evidentiary hearing, the School Board shall continue to meet in executive session for deliberations. No one other than the Hearing Officer may meet with the Board during deliberations. During deliberations, the Board may seek advice from an attorney who did not represent any of the parties in the hearing. Consultation with any other person during deliberation may occur only if a representative of the Complainant, Employee and Superintendent are present. The Board may, in its sole discretion, continue the proceedings and make a final decision on the appeal at a later date.
13. Within twenty (20) calendar days of the hearing, the School Board shall render its decision and issue its written Findings of Fact, Conclusions of Law and Decision. The time frame for rendering a decision may be extended by the Board President for good cause and upon written notification to the Complainant, Employee and Superintendent. The notification shall identify the reason for the extension and the date on or before which the decision shall be rendered.
14. The decision of the School Board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The Board will reconvene in open session. The Board may uphold, reverse, or modify the Superintendent’s decision, or render a decision on the merits of the complaint in the absence of a Superintendent’s decision. Findings of Fact, Conclusions of Law and Decision, consistent with the Board motion, shall be in writing and approved by the Board. The Complainant, Employee, Principal and Superintendent will receive copies after the Findings of Fact, Conclusions of Law and Decision are approved by the School Board.
15. If the Complainant is dissatisfied with the School Board’s decision, the Complainant may appeal the decision by filing an appeal to the circuit court pursuant to SDCL Ch. 13-46.\
State Reference Description
SD Constitution Article 6 Bill of Rights
SDCL 13-37 Special assistance and related services
SDCL 20-13 Human rights
Federal Reference Description
Public Law 94-142 Education for All Handicapped Children Act of 1975
USC Title 20 §1681-1688 Nondiscrimination on the Basis of Sex in Educational Programs & Activities
USC Title 20 §6301 et.seq. Every Student Succeeds Act, Elementary and Secondary Act of 1965
USC Title 29 Chapter 14 Age Discrimination in Employment
USC Title 29 Chapter 16 Vocational Rehabilitation
USC Title 42 §11431 McKinney-Vento Homeless Children Act
USC Title 42 §2000 Civil rights Act of 1964 (Prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin)
USC Title 42 §6101-6103 Age discrimination in Federally Assisted Programs
Adopted: January 10, 2017
AC-E(1)
Nondiscrimination in Federal Programs - Complaint Report Form
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT REPORT FORM
Date Form Completed: _______________________________________________________
Form Completed by: _________________________________________________________
Person Filing the Complaint (Complainant):____________________________________ ______________________________________________________________________________
Address/Phone # of Complainant:_____________________________________________ ______________________________________________________________________________
Employee Involved:___________________________________________________________
Nature of Complaint: The person making the complaint shall with specificity identify the basis of the complaint (i.e., what, when, where, witnesses, and any other pertinent information.
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Was a meeting held between the person having the complaint and the employee?
Yes _______ No________
If a meeting was held, when was it held, what happened at the meeting and what was the outcome of the meeting: ___________________________________________________________________________________________________________________________________________________________.
If a meeting was not held, explain why not: ___________________________________________________________________________________________________________________________________________________________.
Resolution requested/sought by complainant: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
Date Complainant
__________________ _____________________________________
Date School Official Completing the Report Form
Step 1 mutually agreeable resolution was reached:
Yes _______ No________
If resolution, manner in which the complaint was resolved: ________________________________________________________________________ ________________________________________________________________________.
Complainant (initial/date) ____________ Employee (initial/date) _______________
If no mutually agreed upon resolution was reached, I request a decision by the Principal on the merits of the complaint:
Yes ____ No _____ Complainant (initial _________) Date __________________
Yes ____ No _____ Employee (initial ___________) Date __________________
Adopted: January 10, 2017
AC-E(2)
Nondiscrimination in Federal Programs - Complaint Appeal to the Superintendent
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT APPEAL TO THE SUPERINTENDENT
I/We Appeal the Principal’s Step 1 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Principal’s decision is wrong]:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE COMPLAINT REPORT AND THE PRINCIPAL’S DECISION.
____________ ______________________________________
Date Complainant
____________ ______________________________________
Date Received Superintendent
Adopted: January 10, 2017
AC-E(3)
Nondiscrimination in Federal Programs - Complaint Appeal to the School Board
NONDISCRIMINATION IN FEDERAL PROGRAMS
COMPLAINT APPEAL TO THE SCHOOL BOARD
I/We Appeal the Superintendent’s step 2 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Superintendent’s decision is wrong]:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE COMPLAINT, PRINCIPAL’S DECISION, APPEAL TO THE SUPERINTENDENT, STEP 2 WRITTEN RESPONSE(S) IF ANY, AND THE SUPERINTENDENT’S DECISION.
____________ ____________________________________________
Date Complainant
____________ ____________________________________________
Date Received Board President/Chairperson – Business Manager:
Adopted: January 10, 2017
ACAA
Sexual Harassment
SECTION 1 – Policy Statement
The District is committed to a school environment which is free from sexual harassment and conducive to all students’ educational opportunities. Sexual harassment can inhibit a student’s educational opportunities and an employee’s work. Sexual harassment of students attending school in the District or students from other schools who are at a District activity, and sexual harassment of school employees, school volunteers, parents, guests, visitors and vendors of the District shall also not be tolerated and is strictly prohibited.
All students, school employees, school volunteers, parents, guests, visitors and vendors shall conduct themselves in a civil and responsible manner and in a manner consistent with school policies. This policy prohibiting sexual harassment shall apply to all students, school employees, school volunteers, parents, guests, visitors and vendors while on school property, while attending or participating in school activities, on school-owned property or on non-school property, while in any school-owned or leased vehicle, while at a school bus stop, or when in a private vehicle located on school property during school or during school activities.
The District shall investigate all reported instances involving sexual harassment. Attempts to informally or voluntarily resolve the complaint should not delay the commencement of the District’s investigation. Unless a different person is designated by the Superintendent to conduct the investigation, the school administrator of the school attendance center where the sexual harassment is alleged to have occurred is responsible for investigating the alleged sexual harassment. Allegations of sexual harassment may also be reported by the administration to other authorities, including but not limited to law enforcement.
The District will maintain confidentiality to the maximum extent possible under the circumstances. However, a person reporting sexual harassing conduct must understand that should the administrator who is investigating the report determine there is reasonable cause to suspect that sexual harassment did occur which could result in administrative discipline or a referral to the School Board, the person alleged to have sexually harassed another person may have the right to know the identity of the person(s) making the report in order that he/ she may have an opportunity to defend himself/herself.
The District strictly prohibits retaliation against any person because he or she has made a report, testified, assisted, or participated in the investigation of a report of alleged sexual harassment. Retaliation includes, but is not limited to, any form of verbal or physical reprisal or adverse pressure. The person(s) alleged to have sexually harassed another person shall not directly or indirectly (such as through a third person) harass, pressure, or retaliate against any other person because of the complaint being reported. A violation of this provision may lead to separate disciplinary action based on the retaliation. Any person who believes he or she is being subjected to retaliation because of his or her involvement with a sexual harassment report should immediately contact a school administrator.
Students who violate this policy shall be subject to appropriate disciplinary action, up to and including expulsion. Employees who violate this policy shall be subject to appropriate disciplinary action, up to and including termination of employment. School volunteers, parents, guests, visitors, and vendors who violate this policy may be prohibited from being on school property.
Complaints against school employees and complaints related to bullying are addressed through other school district policies and not through this policy.
SECTION 2 – Sexual Harassment Defined
Sexual harassment is defined as sexually oriented words and actions which tend to annoy, alarm or be physically or verbally abusive toward another person and which serve no legitimate or valid purpose regardless of the intent of the person accused of the sexually harassing conduct. Not all harassment falls within the definition of sexual harassment (i.e., harassment that is of a sexual nature). Other laws, regulations and policies also prohibit inappropriate conduct and provide a means for addressing inappropriate conduct should it occur.
Sexual harassment is a specific type of harassment which is prohibited under this policy. Examples of sexual harassment include, but not limited to:
1. Unwelcome sexual flirtations, advances or propositions;
2. Verbal comments, jokes, or abuse of a sexual nature;
3. Graphic verbal comments about an individual's body;
4. Sexually degrading words used to describe an individual;
5. Displaying pornographic material;
6. Physical contact or language of a sexually suggestive nature.
SECTION 3 – Sexual Harassment Reporting Procedure
Any individual who believes that he or she has been or is being subjected to sexual harassment or has reason to suspect another person has been or is being subjected to sexual harassment should immediately report it to a teacher, guidance counselor, or school administrator. The report may be made verbally or in writing. A report may be made anonymously, although disciplinary action may not be based solely on an anonymous report. If disciplinary action is being requested, the individual reporting the sexual harassment will be asked to either submit a signed written complaint or sign a completed Sexual Harassment Report Form, Exhibit ACAA-E(1), verifying the accuracy of its content. The written complaint or Sexual Harassment Report Form must include the following:
• the date the written complaint was filed or the Sexual Harassment
Report Form was completed,
• the school employee receiving the complaint (if applicable),
• the name of the person reporting the sexual harassment,
• the address/phone # of the person reporting the sexual harassment,
• the specific conduct or nature of the sexual harassment complaint
including the person(s) alleged to have sexually harassed the
complaining party or another person, the date(s) and location where
the conduct occurred, witnesses, etc.,
• the date the school employee completed the form (if applicable),
• the date and signature of the person reporting the sexual harassment.
If the signed written complaint was given to a teacher or guidance counselor, or if the Sexual Harassment Report Form was completed by a teacher or guidance counselor, the teacher or guidance counselor shall forward the complaint or Sexual Harassment Report Form to the teacher’s building school administrator.
SECTION 4 – Procedure for Addressing Sexual Harassment Complaints
STEP 1: School Administrator Investigation and Determination.
Should there be a report which alleges a District student, employee, school volunteer, parent, guest, visitor or vendor has been subjected to sexual harassment, an investigation into the alleged sexual harassment will be initiated. The District’s investigation may include, but is not limited to, such things as interviewing individuals with actual or possible knowledge regarding the conduct in question, identifying facts related to the conduct in question, identifying when and over what period of time the conduct is to have occurred, determining whether the conduct negatively affects the educational opportunities or employment condition of the victim, identifying prior history of a similar nature by any of the individuals involved, and attempting to obtain possible verification from other persons. The investigation by the school administrator responsible for the investigation shall be conducted promptly and completed in a reasonable time frame given the nature of the complaint. Unless the nature of the complaint and investigation dictate otherwise, the investigation should be completed and determination made by the school administrator on the merits of the complaint within thirty (30) calendar days of receipt of the complaint.
The person alleged to have sexually harassed another person will be notified that a complaint has been filed pursuant to this policy and that the complaint is being investigated. The name of the person making the complaint will not be disclosed to the person alleged to have violated this policy unless and until the investigation results in a determination that there is reasonable cause to suspect that sexual harassment did occur.
Upon reasonable suspicion by the school administrator responsible for the investigation that the allegation of sexual harassment may be true, the employee, student or third person accused of sexual harassment conduct shall be notified in writing that reasonable suspicion exists that the complaint may be valid, including a statement of the facts supporting the determination that reasonable suspicion exists, and the name of the alleged victim.
The person alleged to have sexually harassed another person in violation of this policy shall be afforded an opportunity to respond to the allegation of sexual harassment but is not required to submit a response.
Pending the outcome of the investigation the school administrator responsible for conducting the investigation may take such action consistent with school policy and state law as deemed appropriate in order to facilitate the investigation and protect the rights of all persons involved. If there is reasonable suspicion to believe that a third person sexually harassed a student, employee or guest while at school or at a school activity on non-school property in violation of this policy, the administration may prohibit that person from being on school property or at school activities.
At the conclusion of the investigation, the school administrator shall make a determination as to whether sexual harassment did occur or whether the facts are insufficient to determine that a determination that sexual harassment occurred. The complainant and the person alleged to have sexually harassed another person will receive written notice of the school administrator’s determination. Should the school administrator conclude that sexual harassment did occur, the school administrator shall take such action as deemed appropriate, which may include imposing disciplinary consequences on the person found to have violated this policy prohibiting sexual harassment.
STEP 2: Appeal to the Superintendent
The following procedure shall be used to address an appeal of the school administrator’s decision in Step 1 to the Superintendent:
1. If either party is not satisfied with the school administrator’s decision, or if the school administrator does not render a written decision within fourteen (14) calendar days of the request for a decision on the merits of the complaint, that party may appeal to the Superintendent by filing form ACAA-E(2). The appeal must be filed within ten (10) calendar days of receipt of the school administrator’s written decision, or ten (10) days of the deadline for the school administrator’s written decision, whichever comes first. The appealing party must attach the school administrator’s written decision.
2. Within fourteen (14) calendar days from the date the appeal was filed, the Superintendent shall render a decision in writing. All parties shall receive copies of the decision. The Superintendent shall uphold, reverse, modify the school administrator’s decision, or the Superintendent may refer the matter back to the school administrator for further investigation and supplemental decision which decision may restate, modify or reverse the school administrator’s initial decision. A supplemental decision by the school administrator after a referral back to the school administrator is subject to appeal to the Superintendent. The time frame for rendering a decision by the Superintendent may be extended by the Superintendent for good cause and upon written notification to all parties, which notification shall identify the reason for the extension and the date on or before which the decision shall be rendered.
STEP 3: Appeal to the Board
If either party is not satisfied with the Superintendent’s decision, or if the Superintendent does not render a written decision within fourteen (14) calendar days of the receipt of the appeal, that party may appeal to the School Board by filing with the Business Manager using Form ACAA-E (3) within ten (10) calendar days of receipt of the Superintendent’s written decision, or ten (10) days of the deadline for the Superintendent’s written decision, whichever comes first. The appeal shall be in writing and the appealing party must attach to the appeal the school administrator’s written decision, the appeal to the Superintendent, and the Superintendent’s written decision or notice of the Superintendent’s failure to render a written decision.
The following procedure shall be used by the Board to address an appeal of the Superintendent’s decision on the merits related to a sexual harassment complaint:
1. Upon receipt by the Board President/Chairperson of an appeal by the Complainant, a copy of the appeal shall be given to the person alleged to have violated the sexual harassment policy.
2. Upon receipt of an appeal, the Board shall at its next meeting schedule a date, time and location for the appeal hearing.
3. The following procedure shall be applicable at the appeal hearing
before the Board:
A. the Board shall appoint a board member or a person who is not an employee of the school district as the hearing officer;
B. Within thirty (30) calendar days of an appeal being filed with the Board, the Board shall conduct a hearing in executive session;
C. the Complainant, person alleged to have violated the bullying policy, and Superintendent each have the right to be represented at the hearing;
D. the Board shall make a verbatim record of the hearing by means of an electronic or mechanical device or by court reporter. This record and any exhibits must be sealed and must remain with the hearing officer until the appeal process has been completed;
E. the issue on appeal is whether the Superintendent’s decision should be upheld, reversed or modified;
F. All parties shall be given the opportunity to make an opening statement, with the appealing party being given the first opportunity, followed by the other party, and then the Superintendent;
G. The appealing party shall present his or her case first, and the other party shall then present his or her case. Both parties shall have the opportunity to ask questions of the other’s witnesses. The hearing officer and board members may ask questions of any witness;
H. the Superintendent shall present the basis of his/her decision which led to the appeal. Both parties shall have the opportunity to ask the Superintendent questions. The hearing officer and board members may also ask questions of the Superintendent;
I. Unless a witness is a party to the appeal, witnesses may be present only when testifying unless the hearing officer rules otherwise. All witnesses must take an oath or affirmation administered by the School Board president, hearing officer or other person authorized by law to take oaths and affirmations;
J. The hearing officer shall admit all relevant evidence. The hearing officer may limit unproductive or repetitious evidence. The strict rules of evidence do not apply. Moran v. Rapid City Area School Dist., 281 N.W.2d 595. 602 (S.D. 1979).
K. All parties shall be given the opportunity to make a closing statement, with the appealing party having the first opportunity, followed by the other party, and then the Superintendent. The appealing party shall be given the opportunity for a brief rebuttal;
L. After the evidentiary hearing, the Board shall continue to meet in executive session for deliberations. No one other than the hearing officer may meet with the Board during deliberations. The Board may seek advice during deliberation from an attorney who has not represented any of the parties to the hearing. Consultation with any other person during deliberation may occur only if a representative of both parties and Superintendent are present. The Board may, in its sole discretion, continue the proceedings and make a final decision on the appeal at a later date. Within twenty (20) calendar days of the hearing, the Board shall render its decision and issue its written Findings of Fact, Conclusions of Law and Decision. The time frame for rendering a decision may be extended by the Board President for good cause and upon written notification to both parties and the Superintendent, and the notification shall identify the reason for the extension and the date on or before which the decision shall be rendered;
M. The decision of the School Board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The Board will convene in open session and a motion to uphold, reverse, or modify the Superintendent’s decision shall be made and voted upon. Findings of Fact, Conclusions of Law and Decision, consistent with the Board motion shall be in writing and approved by the Board. Both parties, the school administrator and the Superintendent will receive copies after the Findings of Fact, Conclusions of Law and Decision are approved by the Board.
N. Following the Board hearing, should the Board determine there has been a violation of this policy prohibiting sexual harassment, Board action may include but is not limited to the following: (1) suspend or expel a student from any or all school programs, including but not limited to classes, extracurricular activities, or attendance at school activities; (2) pursuant to statute, reprimand, suspend without pay, or terminate the contract of an employee, or (3) prohibit a third person from being on school property or at school activities for such time as may be determined by the Board.
O. If either party is dissatisfied with the Board’s decision, that party may appeal the decision by filing an appeal pursuant to law.
State Reference Description
*Moran v. Rapid City Area School Dist. Employee hearing due process
Federal Reference Description
USC Title 20 §1681-1688 Nondiscrimination on the Basis of Sex in Educational Programs and Activities
Adopted: January 10, 2017
ACAA-E(1)
Sexual Harassment - Complaint Report Form
SEXUAL HARASSMENT COMPLAINT REPORT FORM
Date Form Completed: _______________________________________________________
Form Completed by: _________________________________________________________
Person Reporting the Sexual Harassment: ______________________________________ ______________________________________________________________________________
Address/Phone # of the Person Reporting the Sexual Harassment: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Nature of Complaint: (With specificity, identify the person(s) alleged to have sexually harassed, the conduct which is the basis of the sexual harassment complaint, when/where the conduct occurred, the person(s) alleged to have sexually harassed, witnesses, and any other pertinent information):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(use additional sheets if necessary).
___________ _______________________________________________________
Date School Employee Completing the Sexual Harassment Report Form
___________ _______________________________________________________
Date Person Reporting the Sexual Harassment
Adopted: January 10, 2017
ACAA-E(2)
Sexual Harassment - Complaint Appeal to the Superintendent
SEXUAL HARASSMENT COMPLAINT APPEAL TO THE SUPERINTENDENT
I/We Appeal the Principal’s Step 1 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Principal’s decision is wrong]: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE SEXUAL HARASSMENT REPORT AND THE PRINCIPAL’S DECISION.
____________ ________________________________________
Date Complainant
____________ ________________________________________
Date Received Superintendent
Adopted: January 10, 2017
ACAA-E(3)
Sexual Harassment - Complaint Appeal to the School Board
SEXUAL HARASSMENT COMPLAINT APPEAL TO THE SCHOOL BOARD
I/We Appeal the Superintendent’s Step 2 decision for the following reason(s): [With specificity, Complainant should state how or why the Complainant believes the Superintendent’s decision is wrong]:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ATTACH A COPY OF THE SEXUAL HARASSMENT REPORT, PRINCIPAL’S DECISION, APPEAL TO THE SUPERINTENDENT (Exhibit ACAA-E(2)), EMPLOYEE’S STEP 2 WRITTEN RESPONSE, AND SUPERINTENDENT’S DECISION.
____________ __________________________________________________
Date Complainant
____________ __________________________________________________
Date Received Business Manager
Adopted: January 10, 2017
AEA
Tobacco-Free AH Conflict Disclosure and Authorization
The District recognizes its duty to promote the health and safety of students, staff and citizens on district property and during school-sponsored activities. In accordance with this responsibility, it is the intent of the School Board to establish a tobacco-free school environment that demonstrates a commitment to helping students resist tobacco use and that emphasizes the importance of adult role modeling. The use, possession, or promotion of tobacco on school property by students, employees, vendors, visitors and invitees is prohibited. Students and employees are also prohibited from using or promoting tobacco at school-sponsored activities off school property. Students participating in school activities are also subject to such rules as may exist pursuant to an applicable activity code of conduct.
For the purposes of this policy:
1. “Tobacco” means any substance or item, in any form, containing
tobacco and electronic nicotine delivery devices (e-cigarettes), which
may not contain tobacco;
2. “School property” means all district-owned, rented or leased buildings,
grounds and vehicles;
3. “School-sponsored activity” means any planned, organized, endorsed,
or supervised activity involving district students or staff that occurs either
before, during or after regular school hours;
4. “Promotion” means the use or display of tobacco-related clothing,
bags, lighters, or other material that is designed to encourage the
acceptance or use of tobacco.
* A student in violation of this policy, first offense, shall be required to complete a written assignment. The assignment is for the purpose of helping the student understand the consequences of tobacco use. It shall be given to the building principal or principal’s designee, will be grade appropriate for purposes of length and content, and may include, but is not limited to, research on South Dakota QuitLine. Students violating this policy on subsequent occasion(s) shall be subject to disciplinary action pursuant to district policy.
District employees in violation of this policy will be subject to disciplinary action. Visitors, vendors and invitees in violation of this policy will be subject to appropriate consequences, which may include being directed to leave school property.
The superintendent shall provide reasonable public notification of the district’s policy within student and staff handbooks.
Notes: A school district may prefer to use the following paragraph related to student discipline as it authorizes but does not require the administration to assign a written assignment.
* Students violating this policy shall be subject to disciplinary action pursuant to district policy. A student in violation of this policy may also be required to complete a written assignment. The assignment is for the purpose of helping the student understand the consequences of tobacco use. It shall be given to the building principal or principal’s designee, will be grade appropriate for purposes of length and content, and may include, but is not limited to, research on South Dakota QuitLine.
State Reference Description
SDCL 13-8-39 Management of schools by board - general powers
SDCL 34-46-14 Smoking in public or place of employment prohibited
Adopted: January 10, 2017
AH-E(1)
Conflict Disclosure and Authorization - Request for School board Waiver
REQUEST FOR SCHOOL BOARD WAIVER
Date: __________________________
Name of the school board member, school administrator or school business manager requesting the waiver: ______________________________________________________________________________
Brief explanation of the potential conflict of interest:
Brief explanation of the essential terms of the contract(s) or transaction(s) from which a potential conflict of interest may arise, including:
(1) all parties to the contract
(2) the person’s role in the contract or transaction
(3) the purpose(s)/objective(s) of the contract
(4) the consideration or benefit conferred or agreed to be conferred upon each party
(5) the length of time of the contract
(6) any other relevant information
Brief explanation of how or why the transaction or the terms of the contract are fair, reasonable, and not contrary to the public interest such that a waiver should be granted.
Signature of Person Requesting Waiver:________________________________________
THIS IS A PUBLIC DOCUMENT
Adopted: January 10, 2017
AH-E(2)
Conflict Disclosure and Authorization - Waiver Authorization pursuant to SDCL 3-23-3
WAIVER AUTHORIZATION PURSUANT TO SDCL3-23-3
A written request for waiver of conflict, dated _______________________________,
was received from _________________________________________________________.
The request was acted upon by the members of the__________________________
School District School Board during a meeting held on ________________________.
_____The request for waiver was denied because the terms of the contract were not considered fair and reasonable, or contrary to the public interest.
_____The request for waiver was authorized because the terms of the contract are fair and reasonable, and not contrary to the public interest such that a waiver should be granted.
_____The request for waiver was authorized because the terms of the contract are fair and reasonable, and not contrary to the public interest such that a waiver should be granted, subject to the following conditions:
Signature of School Board President /Chairperson or Authorized Member
_____________________________________________________________________
Printed Name: _______________________________________________________
Date: ________________________________________________________________
Date mailed to Auditor General:______________________________________
Adopted: January 10, 2017
SECTION B: SCHOOL BOARD GOVERNANCE AND OPERATIONS
Below is listing of Lead-Deadwood
School District policies in Section B that have been approved by the
Lead-Deadwood Board of
Education.
BBA
SCHOOL BOARD POWERS
AND DUTIES
Under the laws of South Dakota, the School Board acts
as the governing body of the public schools with full powers of direction and
control. The Board derives its authority from the state legislature and
will function within the framework of state and federal laws and regulations,
court decisions and attorney general’s opinions.
Recognizing the authority of the
state, the board considers the following its general functions:
1.
To select and employ a superintendent of schools and support him/her in the
discharge of his/her responsibilities.
2.
To formulate and enact policy and to delegate the application of policies to
the superintendent and his/her staff, who will be held responsible for the
effective administration and supervision of the entire school system.
3.
To provide for the planning, expansion, improvement, financing, construction
and maintenance of the physical plant of the school system.
4.
To establish and maintain the records, accounts, archives, management methods
and procedures incidental to the conduct of school business.
5.
To approve the budget, financial reports, audits, major expenditures, payment
of obligations and policies that enable the administration to formulate
regulations and other guides for the orderly accomplishment of business.
6.
To estimate and levy taxes for the operation, support, maintenance, improvement
and extension of the school system.
7.
To adopt courses of study and provide instructional materials.
8.
To employee personnel to carry out school programs and provide fair and
equitable compensation.
9.
To evaluate the educational program to determine the effectiveness with which
the schools are achieving the educational purpose of the school system.
10.
To provide for the dissemination of school district information to the public
and maintain open lines of communication with the community.
Adopted:
November 1983
Revised:
February 10, 1997
BBAA
BOARD
MEMBER AUTHORITY
The
powers delegated to a school board by the state are delegated to the board as a
whole. No authority is granted board members acting as individuals.
The
board exercises its powers and duties only in properly called meetings where a
majority of the board constitutes a quorum to transact business. Except when
performing a specific duty as ordered by the board, the decision and actions of
a single member of the board are not binding on the entire board.
LEGAL
REF: 13-8-33
Adopted: November 1983
Revised: April 11, 2000
Revised:
January 10, 201
BCB
BOARD OFFICERS
PRESIDENT
The president will preside at all
meetings of the Board and will perform other duties as directed by law, state
regulations and by this Board. In carrying out these responsibilities the
president will:
1. Countersign
all orders drawn by the business manager for claims
approved by the Board;
2. Appoint or
provide for the election of all committees, of which he or she
will be an ex-officio member;
3. Confer with
the superintendent as may be necessary and desirable on
school
or related matters;
4. Call
special meetings of the Board;
5. Be entitled
to vote and discuss on all matters before the Board; and
6. Perform
such other duties as may be prescribed by the Board.
VICE PRESIDENT
The Vice-President of the Board will
assume the duties and responsibilities of the President in his or her absence.
He or she will also perform such other duties as may be assigned by the Board.
Adopted:
January 10, 2017
BOARD MEMBER QUALIFICATIONS
A person is legally qualified to become a member of a school board if he/she is a United States citizen, complies with the provisions of law relating to the registration of votes and is a qualified elector, at least eighteen (18) years of age and not otherwise disqualified.
In accordance with state law, no elective county, municipal or state officer or holder of any other office, whose duties are incompatible or inconsistent with the duties of the school board members will be eligible for such membership. This includes the elected offices of legislator, county commissioner and member of the State Vocational Educational Board.
Established by law
LEGAL REFS: SDCL 3-1-4; 31a-6; 12-3-1; 13-7-3
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBB
SCHOOL BOARD ELECTIONS
The school board shall select the date of the annual school election by resolution no later than the first regular meeting after January first of each year. The annual election shall be set between the second Tuesday in April and the third Tuesday in June between the hours of 7:00 a.m. and 7:00 p.m. on Election Day.
The school district and the municipality have the option of holding combined school district-municipal elections. Subject to approval of the governing bodies, the combined election may be held on the date set by the school district or the general municipal election (second Tuesday in April). Expenses and all other governmental responsibilities of a combined election are to be shared in an agreed upon manner by the governing bodies of the school district and the municipality.
The Secretary of State must be notified in writing, by telephone, or electronic mail within 15 days of scheduling the date for conducting an election.
SD
Constitution Article 7 §1
|
Right
to vote
|
SD
Constitution Article 7 §2
|
Voter
qualification
|
SD
Constitution Article 7 §3
|
Elections
|
SDCL
12-14-1
|
Designation
of precincts and polling places
|
SDCL
13-6-13.1
|
Former
school dist. representation areas for consolidated districts
|
SDCL
13-7
|
School
district elections
|
SDCL
13-8-2
|
Composition
and terms of office
|
SDCL
13-8-25
|
Appointments
to fill vacancies on board
|
SDCL
13-8-4
|
Elections
and terms of office after increase of size of board
|
SDCL
13-8-7.1
|
School
board member representation areas
|
Adopted: January 10, 2017
BBBB
BOARD MEMBER OATH OF OFFICE
Before taking office, all board members will take an oath of office as required by law. Newly elected members will take and subscribe to the oath on the second Tuesday in July at the annual meeting, at which time they also assume their duties of office. Appointed members will take and subscribe the oath at the meeting following their appointment. All oaths will be filed in the office of the business manager.
Established by law
LEGAL REFS: Constitution of the State of South Dakota, Article XXI, Section 3
SDCL 3-1-5; 3-1-8; 13-8-14; 13-8-15
Adopted: November 1983
Revised: February 10, 1997
BBBB-E
BOARD MEMBER OATH OF OFFICE
Do you solemnly swear, or affirm, that you will support the Constitution of the United States and the Constitution of the State of South Dakota; and that you will faithfully and impartially perform your duties as a member of the school board of Lead-Deadwood School District, Lawrence County, South Dakota, to the best of your ability, and in accordance with the laws now in effect and hereafter to be enacted, during your continuance in said office, and until your successor is elected and qualified: (The answer is “I do.”)
BOARD MEMBER’S SIGNATURE
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBC
BOARD MEMBER RESIGNATION/REMOVAL FROM OFFICE
According to the provision of state law, a vacancy occurs on the school board when an incumbent:
1. Dies
2. Is removed from office.
3. Fails to qualify as provided by law.
4. Ceases to be a voting resident of the district where elected.
5. Is convicted of an infamous crime or of any offense involving a violation of the office oath of office.
6. Has a judgment obtained against him/her for breach of office bond.
7. Becomes incapacitated to attend to the duties of a board member.
8. Assumes the duties of an office incompatible with the duties of a school board members.
9. Resigns.
A board member’s resignation will not be effective until a successor is appointed and qualified as prescribed by law. The resigning member will continue to serve in his/her official capacity as a board member until that time.
Established by law
LEGAL REFS: Constitution of the State of South Dakota, Article XVI, Sections 4-8
SDCL 3-17-6 through 3-17-11; 13-8-22 through 13-8-24
CROSS REFS: BBE, Unexpired Term Fulfillment
Adopted: November 1983
Revised: February 10, 1997
BBE
SCHOOL BOARD MEMBER VACANCY
When a vacancy occurs on the board due to the failure to elect a person to succeed a school board member whose term has expired, or an elected school board member's failure to qualify, or a school board member's resignation, the vacancy shall be filled by all school board members, including the vacating member.
When a vacancy occurs on the board due to death of a board members, is removed from the board pursuant to law, ceases to be a resident of the school district or representation area where elected**, is convicted of any infamous crime or of any offense involving a violation of the member's official oath, has a judgment obtained against the member for breach of the member's official bond, is incapacitated and is unable to attend to the duties of the position, or assumes the duties of an office incompatible with the duties of a school board member, the remaining board members are responsible for the appointment of a new board member.
The new appointee will qualify as if elected, at or before the next school board meeting. The appointee will serve until the next succeeding election, at which time a successor will be elected to serve the unexpired term.
State Reference Description
SDCL 13-8-14 Assumption of office by new members
SDCL 13-8-22 Incumbent continued in office
SDCL 13-8-23 Events creating vacancy on board
SDCL 13-8-24 Resignation not effective until successor appointed
SDCL 13-8-25 Appointments to fill vacancies on board
SDCL 3-14 Expiration of term of office
SDCL 6-1-22 Members of governing bodies displaced by natural disaster
Adopted: January 10, 2017
BBF
CODE OF ETHICS
Members of the District’s Board of Education are elected or appointed officials of local government, and are responsible for governing the educational system of the public school district. Each Board of Education governing board member shall:
1. adhere to the principle that the responsibility of the school board is to govern
the District, which includes but is not limited to establishing goals, planning,
developing effective policies, and evaluation;
2. practice good stewardship of the District’s resources;
3. leave the daily administration of schools to the Superintendent;
4. professional development;
5. recognize and follow the legal principles that (a) the authority vests with the
majority of the members of the governing board when assembled in meetings
as authorized by law, (b) no individual school board member has, or a minority
of school board members have, the legal right to bind the District, and (c) no
individual school board member may make decisions on behalf of the District
unless upon approval of a majority of school board members.
6. make informed decisions on matters brought before the school board;
7. recognize and adhere to the policy that it is the responsibility of the school
board to plan, make, implement, appraise, and enforce policies and that it is
not the responsibility of the school board or school board members to run the
day-to-day operations of the District;
8. observe and enforce federal and state laws and regulations;
9. respect the limited intent and scope of executive sessions as set forth in statute;
10. respect confidential communications made during executive sessions held
pursuant to SDCL 1-25-2 and shall not divulge privileged communications
made during executive session held pursuant to SDCL 1-25-2 unless required by
law, and shall respect confidential communications related to students and
employees, and shall not discuss such confidential information at home, at
work or in public;
11. distinguish between personal views and those of the school board when
making public comments regarding school district matters;
12. present information to the school board without distortion and accurately
represent facts concerning school district matters in direct or indirect public
statements;
13. maintain professional relationships in a manner which are free of vindictiveness,
recrimination and harassment;
14. refer persons having complaints to the applicable complaint policy and
appropriate school administrator; refrain from giving an opinion on the merits of
the complaint unless, following the complaint procedure required in the school
board complaint policy, the matter is before the school board;
15. respect the legitimacy of the goals and interests of other school board
members and respect the rights of other school board members to pursue
goals and policies different from their own;
16. respect, require and contribute to the maintenance of order and decorum in
proceedings before the school board;
17. be honest, patient, dignified, and courteous to those with whom he/she deals
with in his/her official capacity;
18. diligently discharge responsibilities and dispose promptly of the business of the
school district for which he/she is responsible;
19. inform the school board president or school district business manager as soon
as possible upon learning that he/she will not be in attendance at a school
board meeting;
20. refrain from personal, professional, business and financial dealings that interfere
with or are in conflict with, or give the appearance of interfering with or being
in conflict with, the performance of official duties;
21. not use the office of a school board member to promote political candidates
or partisan political activities;
22. not accept nor offer any gratuities, gifts, services, or things of value that
(a) impair professional judgment, (b) offer special advantage or benefit to any
person or organization, or (c) provide a direct or indirect personal benefit.
23. not commit any act of moral turpitude or gross immorality;
24. render a decision as a school board member only after having discussed the
matter with other board members in a legal school board meeting, after
having reviewed applicable information and data, and after having
considered recommendations including but not limited to recommendations
from school administration;
25. support Board decisions made by the majority of governing board members,
subject to a board member’s right to formally make a motion at a school
board meeting to have the decision reconsidered or rescinded;
26. not have any direct pecuniary interest in a contract with the school district or
furnish directly any labor, equipment or supplies to the district unless the
amount involved is less than five thousand dollars ($5,000).
27. not participate in discussion or vote on any issue in which I have an actual or
the potential of a conflict of interest in the following circumstances:
a. a “direct pecuniary interest, (a matter benefiting the board member's own property or affording a direct financial gain);
b. an “indirect pecuniary interest” (a matter that financially benefits one closely tied to the board member, such as an immediate family member or an employer);
c. a “direct personal interest” (a matter that benefits a blood relative or close friend in a non-financial way); and
d. an “indirect personal interest” (a matter in which the board member individual's judgment may be affected because of membership in some organization and a desire to help that organization further its policies); or
e. when at least two-thirds of the governing board members vote that there is an identifiable conflict of interest that should prohibit the member from voting on a specific matter.
Pursuant to SDCL 1-25-2(1), the Board of Education may enter into executive session to
discuss the performance of an elected school board member, which may include
discussing a perceived or alleged violation of this policy. Should the majority of school
board members determine that a school board member has violated one or more
provisions of this policy, the school board may, in open session, reprimand the school
board member for a violation of the School Board Member Code of Ethics.
State Reference Description
*Hanig v. City of Winner Board member conflict of interest
SD Constitution Article 8 §17 Interest in sale of school equipment prohibited
SDCL 13-20-2.1 Interest in sale of school equipment unlawful
SDCL 13-43-1 Employment of board member in same district prohibited
SDCL 13-7-3 Public offices incompatible with board membership
SDCL 3-16 Malfeasance, misfeasance and nonfeasance in office
SDCL 6-1-1 Local officer’s interest in public purchase or contract unlawful
SDCL 6-1-17 Prohibition from discussion or voting on issue if conflict of interest exists
SDCL 6-1-2 Conditions which contract with local officer permitted
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BBFA
BOARD MEMBER CONFLICT OF INTEREST
Public office is a trust created in the interest of the common good and for the benefit of the people. As public officials holding the respect and trust of the community, board members will not use the office for personal advantage.
A board member will not have any direct pecuniary interest in a contract with the school district or furnish directly any labor, equipment or supplies to the district unless the amount involved is less than five thousand dollars ($5,000).
Each member shall decide if any potential conflict of interest requires disqualification from participation in board discussion or action. No board member may participate in discussion or vote on any issue in which the member has a conflict of interest if the following circumstances apply:
1. “Direct pecuniary interests,” when a school board member votes on a
matter benefiting the board member's own property or affording a
direct financial gain;
2. “Indirect pecuniary interests,” when a school board member votes on a
matter that financially benefits one closely tied to the official, such as
an employer, or family member;
3. “Direct personal interest,” when a school board member votes on a
matter that benefits a blood relative or close friend in a non-financial
way; and
4. “Indirect Personal Interest,” when a school board member votes on a
matter in which an individual's judgment may be affected because of
membership in some organization and a desire to help that
organization further its policies; or
5. At least two-thirds of the Board votes that a member has an identifiable
conflict of interest that should prohibit the member from voting on a
specific matter.
State Reference Description
*Hanig v. City of Winner Board member conflict of interest
SD Constitution Article 8 §17 Interest in sale of school equipment prohibited
SDCL 13-20-2.1 Interest in sale of school equipment unlawful
SDCL 13-43-1 Employment of board member in same district prohibited
SDCL 13-7-3 Public offices incompatible with board membership
SDCL 3-16 Malfeasance, misfeasance and nonfeasance in office
SDCL 6-1-1 Local officer’s interest in public purchase or contract unlawful
SDCL 6-1-17 Prohibition from discussion or voting on issue if conflict of interest exists
SDCL 6-1-2 Conditions which contract with local officer permitted
Adopted: November 1983
Revised: February 10, 1997
Revised: June 13, 2006
Revised: January 10, 2017
BCA
BOARD ORGANIZATIONAL MEETING
The annual organizational meeting of the Board will be held on the second Monday of July, unless otherwise designated by the Board at the previous regular meeting.
The meeting will be called to order by the business manager and the oath of office will be given by the business manager to all newly elected Board members. The business manager will conduct the election for the School Board President. The Board President will assume office and will conduct the election for the Vice-President. The persons elected as President and Vice President shall serve in the positions until the next annual meeting.
BUSINESS ITEMS
Items of business to come before the annual meeting may include but are not limited to:
1. Setting of date, time and place for regular meetings (required);
2. Designation of official depository or depositories (required);
3. Designation of the custodians of all accounts (required);
4. Authorize business manager to electronically transfer funds for specifically authorized purposes;
5. Designation of official legal newspaper (required);
6. Designation of school board member(s) who in addition to the school board president have the authority to countersign checks drawn by the business manager (required);
7. Authorization of continuation of existing funds or accounts and the establishment of any new accounts;
8. Establishment of school board committees (such as finance, curriculum, negotiations, facility, transportation, policy review and development and such other committees as determined by the school board) and school board representatives to serve on other boards as applicable (i.e., educational cooperative board, equalization board, ASBSD Delegate Assembly, etc.);
9. Setting bond for school business manager (required), and in discretion of school board, set bonds for school board members and other employees;
10. Appointment of truancy officer;
11. Appointment of Title IX compliance officer;
12. Appointment of Rehabilitation Act Section 504 compliance officer;
13. Appointment of Americans with Disabilities Act compliance officer;
14. Appointment of Age Discrimination Act compliance officer;
15. Appointment of Asbestos compliance officer;
16. Designation of parliamentary procedure guidelines for Board meetings;
17. Authorization of business manager to invest and reinvest funds in institution, which serves greatest advantage to school district;
18. Selecting date of annual school election;
19. Setting school activities admission fees;
20. Authorization of superintendent to close school in emergency situations and in case of inclement weather and setting chain of command in event superintendent is absent;
21. Establish Board of Education compensation;
22. Designation of School District Attorney(s);
23. Authorize participation in associations (i.e., ASBSD, SDHAA, etc.).
State Reference Description
SDCL 13-8-10 Meetings of board
SDCL 13-8-14 Assumption of office by new members
SDCL 13-8-18 Amount of business manager’s bond
Adopted: November 1983
Revised: February 10, 1997
Revised: January 10, 2017
BCD
BOARD/SUPERINTENDENT RELATIONSHIP
The board believes that the legislation of policies is its most important function and that the execution of those policies is the function of the superintendent. Together, the board and the superintendent are a team, each playing a well-defined position.
The superintendent will be the chief executive officer of the board and will be responsible for the administrative and advisory functions of the board. Planning, policy making and evaluation are the functions of the board.
The board holds the superintendent responsible for the administration of its policies, the execution of board decisions, the operation of internal machinery designed to serve the school program and for keeping the board informed about school operations and problems.
Orientation of new members of the Board of Education will be handled by the superintendent and by furnishing the new member with a complete file on the board’s policies, rules and regulations and also a file of board notes on hand, plus the file of the previous member.
Adopted: November 1983
Revised: February 10, 1997
BDDA
SCHOOL BOARD MEETINGS
REGULAR MEETINGS:
All regular official School Board meetings will be held on the second Monday of each month, unless otherwise designated at the annual organizational meeting of the Board.
The official meetings of the school board are open to the public unless a specific law is cited by the school board to close the official meeting to the public. An official meeting is any meeting of a quorum of the school board at which official business of the school district is discussed or decided, or public policy is formulated, whether in person or by means of teleconference.
Subject to the following rules, any person may record, through audio or video technology, a school board meeting that is open to the public as long as the recording is reasonable, obvious, and not disruptive.
1. A person who wishes to audio or video record some or all of an official school board meeting must inform the school board president/chairperson or superintendent prior to the beginning of the meeting of the person’s intent to record. At the beginning of the meeting, the school board president will then inform all persons present of the recording.
2. The quantity and type of recording equipment used shall be subject to the discretion of the school board, and the school board president/chairperson shall have the discretion to exclude or terminate recording of the meeting. This discretion is not to be exercised in an effort to restrict the public’s right to be informed of school board meeting proceedings, but only where these rules have been violated.
3. Recording equipment must not produce distracting light or noise, and no artificial lighting device of any kind shall be employed with a video camera.
4. Recording equipment must not obstruct the vision of persons attending the school board meeting and their ability to see all school board members.
5. Any person violating the rules set forth above may be directed to cease the recording or leave the premises
SPECIAL MEETINGS:
Special meetings may be called by the President of the Board, or in his or her absence the Vice-President, or a majority of the Board members. Notice stating the time and place of any special meeting and the purpose for its call, will be given each Board member and the Superintendent by the Business Manager, either orally or in writing, in sufficient time to allow each member's presence. No business other than that stated in the notice will be transacted at a special meeting. Local news media that have requested notice will be notified of the special meeting by mail, e-mail, delivered in person or telephone prior to the meeting.
TELECONFERENCE:
Any official meeting, including executive meetings, may be conducted by teleconference. A teleconference is an exchange of information by audio, video, or electronic medium, including the internet. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call. A teleconference may be used to conduct a hearing. If the school board conducts an official meeting by teleconference, the school board shall provide a place at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, which has less than a quorum of school board members participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive meeting.
State Reference Description
Rule 10-9 South Dakota Supreme Court (audio/video recording of court proceedings)
SDCL 1-25-1 Official meetings open to the public
SDCL 1-25-1.1 Notice of meetings of public bodies
SDCL 1-25-1.2 Teleconference defined
SDCL 1-27-1.16 Material relating to open meeting agenda item to be available
SDCL 13-8-10 Meetings of board
SDCL 22-18-35(3) Disorderly conduct - Disturbing any lawful assembly or meeting of persons without lawful authority
LEGAL REFS: SDCL 1-25-1; 13-8-10
CROSS REFS: BDC, Executive Sessions
BDDA, Notification of School Board Meetings
Adopted: November 1983
Revised: October 14, 1997
Revised: January 10, 2017
BDA
ELECTRONIC
COMMUNICATION BY BOARD MEMBERS
An
exchange of information by audio, video, or electronic medium, including the
internet, by a quorum of the school board and when official business of the
school district is discussed or decided, or public policy is formulated, is
subject to school district policies BD and BDDA and open meetings laws.
1. Board members shall not use
electronic communication as a substitute for discussion or decision-making at
regular or special board meetings open to the public.
School board members shall not use electronic communication to discuss or reach a consensus, majority opinion or unofficial decision, related to school district business.
Adopted: January 10, 2017
BDDC
AGENDA
PREPARATION AND DISSEMINATION
The
agenda for all meetings of the Board will be prepared by the Superintendent in
consultation with the Board President.
Items
of business may be suggested by any Board member, staff member or citizen of
the district. The agenda, however, will always allow suitable time for the
remarks of the public who wish to speak briefly before the Board.
The
Board will follow the order of business set up by the agenda unless the order
is altered by a majority vote of the members present. Items of business not on
the agenda may be discussed and acted upon if a majority of the Board agrees to
consider the item. The Board, however, may not revise Board policies, or adopt
new ones, unless such action has been scheduled.
The
agenda, together with supporting materials, will be distributed to Board
members at least 24 hours prior to the Board meeting to permit them time to
give items of business careful consideration. The Board shall provide public
notice, with proposed agenda, that is visible, readable, and accessible for at
least an entire, continuous twenty-four hours immediately preceding any
meeting, by posting a copy of the notice, visible to the public, at the
building in which the Superintendent’s office is located. The proposed agenda
shall include the date, time, and location of the meeting. The notice shall
also be posted on the public body's website upon dissemination of the notice,
if such a website exists. For special or rescheduled meetings, the information
in the notice shall be delivered in person, by mail, by email, or by telephone,
to members of the local news media who have requested notice.
State
Reference
Description
SDCL
1-25-1.1
Notice of meetings of public bodies
SDCL
1-27-1.16
Material relating to open meeting agenda item to be available
Adopted: January 10, 2017
BD-R
TO BE PLACED ON BOARD AGENDA
To be placed on the agenda, the superintendent must receive a written appeal describing the complaint and remedy sought by noon Wednesday prior to the regularly scheduled board meeting. This meeting will consist of the Board, superintendent, principal, complainant and school person involved if be the case. The meeting should, in cases of personnel, be in closed session.
Individual board members who receive questions or suggestions from district residents should:
1. Answer the question if they definitely know the answer.
2. Always advise the superintendent of the conversation as it may have policy implications.
3. Advise the person or persons involved to take their question or suggestion to the appropriate staff member if the answer is not definitely known.
Revised: October 14, 1997
BDC
EXECUTIVE SESSIONS
It is the board’s belief that educational matters should be discussed and decisions made at public meetings of the board to fulfill the rational for the creation of public governing bodies.
However, some matters are more properly discussed by the board in private session. As permitted by law, an executive or closed meeting may be held for the sole purposes of:
(1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. (2) Discussing the expulsion, suspension, discipline, assignment or educational program of a student; (3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation/contractual matters: (4) Preparing for contract negotiations or negotiating with employees or employee representatives; (5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting. The specific statutory authority for entering executive session (SDCL 1-25-2(1), SDCL 1-25-2(2), etc., must be cited within the motion to enter executive session. Discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal of state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.
LEGAL REFS: SDCL 1-25-1 THROUGH 1-25-5
Adopted: November 1983
Revised: February 10, 1997
Revised: June 13, 2006
Revised: January 10, 2017
BDD
BOARD OF EDUCATION MEETINGS
Board of Education members will be notified of meetings in advance.
The Superintendent or his/her designated official will construct the agenda of the regular meetings of the Lead-Deadwood Board of Education.
Advance delivery of meeting materials will be distributed to the Board of Education members at least one (1) day before the meeting is scheduled to take place.
Each member will review the minutes for approval. If any changes or corrections are to be made, they will be noted on the copy and pointed out at the next regular meeting to the business manager who will make the changes.
A quorum of three (3) members of the Lead-Deadwood Board of Education is necessary before business can be conducted.
Revised: February 10, 1997
BDDF
Parliamentary Procedure
The Board of Education shall utilize Robert’s Rules of Order for Parliamentary Procedure as the guide for conducting official meetings held by the Board of Education. However, in utilizing Robert’s Rules of Order for Parliamentary Procedure as a guide it is not intended nor is it required that there be strict compliance with Robert’s Rules of Parliamentary Procedure. The Board President/Chairperson shall make all decisions related to parliamentary procedure that may arise during the course of a meeting. Any Board member may appeal the decision of the Board President/Chairperson to the full Board (school board members present at the meeting), and the Board shall, by majority vote, decide the procedural issue or question pending before the Board.
The purpose of parliamentary procedure is:
1. to establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
2. to organize the meetings so that all necessary matters can be brought to the Board and that decisions of the Board can be made in an orderly and reasonable manner;
3. to insure that members of the Board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to insure adequate discussion of decisions to be made; and
4. to insure that meetings and actions of the Board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.
Adopted: January 10, 2017
BDDE-E (1)
Parliamentary Procedure Guide
The Board of Education shall utilize Robert’s Rules of Order for Parliamentary Procedure as the guide for conducting official meetings held by the Board of Education. However, in utilizing Robert’s Rules of Order for Parliamentary Procedure as a guide it is not intended nor is it required that there be strict compliance with Robert’s Rules of Parliamentary Procedure. The Board President/Chairperson shall make all decisions related to parliamentary procedure that may arise during the course of a meeting. Any Board member may appeal the decision of the Board President/Chairperson to the full Board (school board members present at the meeting), and the Board shall, by majority vote, decide the procedural issue or question pending before the Board.
1. To obtain the right to speak, address the Chairperson/President and be recognized by the Chairperson/President before speaking. (Member: "Mr./Madame Chair/President . . ." and Chair/President: "The chair recognizes ______”).
2. To introduce a motion, say, "I move that..."
3. A motion may be withdrawn by the maker with consent of the person who seconded the motion or by majority vote if objection to withdraw the motion is made.
4. To amend a motion, say, "I move to amend the motion by...." Ways of amending are:
a) Striking out parts of the motion;
b) Inserting one or more words into the motion;
c) Striking out and inserting one or more words into the motion; and
d) Substituting a completely new (different) motion.
5. A motion to reconsider a decision made by the board must be introduced by one who voted with the prevailing side in that previous vote, but is out of order (cannot be made) if any part of the decision has been put into action.
6. If the parliamentary procedure of the board is to be questioned, say, "Point of order". The Chairperson/President must allow the member to state his/her point, and then the Chairperson/President must rule on it. If the Chairperson/President denies a point of order, the Chairperson’s/President’s decision may be appealed and either upheld or not upheld by a majority vote.
7. If a board member has a question to ask about a matter under discussion or a procedure to be followed, say, "Point of information". The Chairperson/President must allow the board member to state the question and provide if possible the information requested.
Adopted: January 10, 2017
BDDF
VOTING METHOD
Votes on all options and resolutions will be “ayes” and “nays.” No secret ballots will be used. At the discretion of the president or on the request of a member, roll call vote will be made and the vote of members will be recorded. On a voice vote, any member may request that his/her vote be recorded. All motions must be carried by a majority of the school board members making up the legal quorum and participating in the vote. Each vote at an official meeting held by teleconference shall be taken by roll call.
LEGAL RE: SDCL 13-8-33
Adopted: November 1983
Revised: February 10, 1997
Revised: November 15, 2011
Revised: January 10, 2017
BF
POLICIES, RULES AND REGULATIONS
The Lead-Deadwood Board of Education will maintain a current, continuing set of written governing policies, rules and regulations.
All policy or rule changes must be submitted to the Board of Education no less than thirty (30) days previous to board action. The changes shall be read during a regular meeting for action at the following regular meeting.
Adoption of policies shall be by a majority of the school board.
A loose-leaf book of policies and rules and regulations will be distributed to all principals and kept up-to-date. Copies will also be sent to buildings’ principals and one will be kept in the superintendent’s office.
The policy books are public records and are available to all personnel, students and community members.
Revised: February 10, 1997
BFC
POLICY ADOPTION
Adoption of new policies or changing existing policies is solely the responsibility of the Board. Policies will be adopted and/or amended only by the affirmative vote of a majority of the members of the Board when such action has been scheduled on the agenda of a regular or special meeting.
To permit time for study of all new policies or amendments to policies and to provide an opportunity for others to react, proposed policies or amendments will be presented as an agenda item.
The new or amended policy shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the new or amended policy is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the new or amended policy.
The Board may approve the new or amended policy, amend and approve the proposed new policy or policy amendment, reject the new or amended policy, or defer action on the new or amended policy until a later date.
Policies will be effective upon adoption by the Board. Once adopted, policies of the Board shall be placed on the school district website.
SDCL 13-8-39 Management of schools by board - general powers
Adopted: January 10, 2017
BFF
SUSPENSION OF POLICIES
Board policies may be suspended only upon a majority vote of all the members of the Board at a meeting in the call for which the proposed suspension has been described in writing, or upon a unanimous vote of all members of the Board when no such written notice has been given.
Policies regarding Board operation will be suspended only upon a majority vote of all members of the Board at a meeting in the call for which the proposed suspension has been described in writing, or upon a unanimous vote of all the members of the Board when no such written notice has been given.
Adopted January 10, 2017
BHD
BOARD MEMBER COMPENSATION
Each member of the Lead-Deadwood School Board shall be paid a rate set at the Annual Meeting for each meeting attended. A meeting is defined as any regular or special Board meeting or work on the following committees:
- Negotiations
- Transportation/Buildings
and Grounds Committee
- Technology
Committee
- Curriculum
Committee
- Activities
Committee
- Finance/Administration
Committee
- Policy
Committee
Board members will only be compensated for one meeting per day. No School Board shall be awarded a salary increase unless, upon an affirmative vote by such School Board, a specific salary increase, within the limits set by law, shall be approved. The salary set at the Annual Meeting will be effective beginning at the first meeting after the Annual Meeting. Actual expenses incident to performance of official duties by School Board members may be reimbursed on presentation of expense vouchers with receipts attached. Compensation is paid for mileage incurred for attendance of meetings of the School Board or any other meeting held in accordance with the performance of said duties. Individual school board members may elect, on an individual basis, to have compensation donated towards a scholarship fund.
Adopted: December 12, 2006
SECTION
C:
GENERAL SCHOOL ADMINISTRATION
Below is listing of Lead-Deadwood School District policies in Section C that have been approved by the Lead-Deadwood Board of Education.
CBA-A
POLICIES AND
PHILOSOPHY PROCEDURES
In the absence of Board policy specifically
covering any action that the Superintendent determines must be taken for
orderly administration, the Superintendent may take temporary action that is
believed to be in harmony with the overall policy of the Board. However, the
Superintendent will not be free to act when the action involves a duty of the B
oard that by law cannot be delegated.
In each case in which the
Superintendent must take such action, it will be presented to the Board for its
consideration at its next meeting.
Adopted: February 10,
1997
Revised
February 14, 2017
SECTION D: FISCAL MANAGEMENT
Below is listing of Lead-Deadwood School
District policies in Section D that have been approved by the Lead-Deadwood
Board of
Education.
DD
FUNDING PROPOSALS AND APPLICATIONS
The chief executive officer
(CEO)/superintendent will appraise the Board of district eligibility for
federal, state and foundation grants. The Board will seek and use all
funding that is consistent with the advancement of the educational program of
the district and the policies of the Board.
The preparation of these
proposals will be supervised by the chief executive officer
(ceo)/superintendent and will be coordinated with the budgetary practices and
capital improvement program of the district.
Adopted: November 10, 1998
DD-R
FUNDING PROPOSALS AND APPLICATIONS
Grants may be initiated by
citizens, teachers, individuals, or departments independently of the grants
office; all grants must be reviewed and approved, however, by the grants
office prior to submission to funding agencies. The grants office will
provide assistance and, when necessary, write grants for any department in the
school district.
The superintendent or director,
administrative services should sign all grant requests for the school district.
Proposals for grant extensions
or continuing grants should sign all grant requests for the school district.
Proposals for grant extensions
or continuing grants should be reviewed by the grants office and signed by the
superintendent or director, management information systems before submission to
funding agencies.
Developers of grant requests
should use the following guidelines:
- Program purpose
Specific
benefits to be derived from the proposal by:
- target population
- school district
- Need
Does the
proposal address an unmet need of
- school district?
- specific population in the school district?
- General approach
How will proposed
services to be derived from the proposal be delivered?
- direct services to target population
- research implications
- links with identified goals of the Board of Education
- Innovative nature
- links with existing programs
- responds to identified problems
- Anticipated outcomes
The proposal
should state in specific terms the expected outcome anticipated at the
conclusion of the grant period.
- Resources Needed
The proposal
should contain a detailed budget of all financial resources needed to operate
the proposed program. If funding is needed from more than one source,
specific sources and amount of requested funding is to be detailed. If
funding is to be provided from Board of Education funds, prior approval must be
obtained from the proper division head.
- Post Grant Writing
Does the
proposal require funding after the termination of the requested grant? If
so, where will the needed resources come from?
- Evaluation
Does the
proposal provide for evaluation?
Adopted: November 10, 1998
DFA
INVESTMENT
- POLICY
Pursuant to SDCL 4-5-8 it is
the policy of the Lead-Deadwood School District and its governing board to
invest idle public funds in a manner to meet the daily cash flow demands of the
District with the primary objects, in priority order, being: a) Safety; b)
Liquidity; and c) Return.
- DELEGATION OF AUTHORITY
Authority to manage the
investment program is granted to the Business Manager, who shall refrain from
personal business activity that could impair his/her ability to make impartial
decisions. The Business Manager must at all times handle the funds in a
manner that is in the best interest of the district and is in accord with the
Prudent-Man Standard of SDCL 4-5-27. The Business Manager acting in
accordance with written procedures and this investment policy and exercising
due diligence shall be relieved of personal responsibility for an individual
security’s credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy.
In case of extended leave of absence, the Governing Board shall appoint a
replacement Officer.
- AUTHORIZED FINANCIAL DEALER AND
INSTITUTION
The Governing Board authorizes
the placement of cash resources in the following financial institutions:
- Wells Fargo Bank
- First Interstate Bank
- First Western Bank
- First National Bank
- South Dakota Public Funds Investment Trust (SDFIT)
- AUTHORIZED AND SUITABLE
INVESTMENTS
The Lead-Deadwood School
District is empowered by statute to invest in the following investment
vehicles:
- Interest bearing checking accounts
- United States Treasury bills, bonds and notes (SDCL
4-5-6)
- United States Government Agencies (SDCL 4-5-6)
- Certificates of Deposit (CDs) – not to exceed 18 month
maturities (SDCL 4-5-6)
- Certificate of Deposit (CDs) purchased through CDARS
(Certificate
of deposit Account Registry Service) – not to exceed 18 month maturities (SDCL
4-5-6.1)
- Money Market Mutual Funds – open end, no load (SDCL
4-5-6)
- Repurchase Agreements fully collateralized by allowable
securities (SDCL 4-5-6)
- Local Government Investment Pool
*When investing in Certificates
of Deposit (CDs) public Funds will be invested at the highest rate of interest
possible after attempting to secure three quotes.
- COLLATERALIZATION
In accordance with the SDCL
4-6A, 51A-10-9, and 52-5-20 Qualified Public Depositories will furnish
collateral in the sum equal to one hundred percent (100%) of the public deposit
accounts that exceed deposit insurance. The financial institution shall
submit a copy of their collateralization report to the Business Manager.
- REPORTING
The Business Manager shall
prepare an investment report not less than quarterly that provides a clear
picture of the status of the current investment. The report will include
the following:
- Percent invested in each security type (CD, US
Treasury, money market funds, etc.)
- Listing of investments by maturity date.
- Percent held by each financial institution.
- INTEREST EARNED
The interest earned from
investments shall be credited t the respective fund, except Agency funds.
(SDCL-4-5-9) At year end, investment income will be transferred to the General
Fund with the exception that the interest earned in the Food Service Fund will
remain in that fund. (SDCL 4-5-9)
- DIVERSIFICATION
It is the policy of the
Lead-Deadwood School District to reduce overall risks while attaining average
market rates of return by diversifying its investments.
- No more than 75% of the investable funds shall be
placed in any one financial institutional unless approved by the
Board. If the percentage is exceeded, the Business Manager will
promptly and periodically monitor to see that collateral has been met.
- Investment maturities will be staggered in such a
manner that all investments will not come due at the same time.
- At least 5% of the investable funds will be accessible for
use by the Lead-Deadwood School District in one day’s notice.
Adopted: December 11, 2007
Revised: February 14, 2017
DFA-R(1)
IMPREST FUND ACCOUNT POLICY
An Imprest Fund is used for
handling disbursements immediately, whereby a fixed amount of money is
set-aside for a particular purpose. The dollar limit for the Imprest Fund
Account will be determined annually at the July Board meeting.
The following items can be run
through the Imprest Account:
- Advances for meals that require an overnight stay.
- Registration/entry fees for workshops/contests, etc.
- Payment for incidental invoices that cannot wait for
board approval.
- Change bags for various activities
- Other miscellaneous needs.
A detailed monthly report listing
disbursements/reimbursements will be submitted for board approval. The
Imprest Fund Account will be reimbursed monthly by the appropriate fund (i.e.
General Fund, Special Education fund or Food Service Fund).
Adopted: April 8, 2008
DFB
FRAUD POLICY
The management team and the
Board of the Lead-Deadwood School District are responsible for detecting fraud
of any type. Each member of the management team (consisting of the school
board president, superintendent of schools, business manager and account
payable/payroll officer) should be familiar with the types of fraud that might
occur within his or her area of responsibility and should be alert for any
indication of fraud. Any detected or suspected fraud must be reported
immediately to the Superintendent of Schools
This policy applies to any
fraudulent activity involving not only employees but also directors, vendors,
independent contractors who contract with the District, and any other outside
persons or agencies, investigations will be performed without regard to length
of service, title/position, or relationship.
Fraud should be defined to
include the following for purposes of this policy:
Conduct within the scope of
employment, or conduct apparently within the scope of employment, and
representations to the Board, or any of the institutions governed by it or any
affiliated organizations that constitutes:
- Intentional or deliberate act to deprive the
Lead-Deadwood School District, the Board, any of the institutions governed
by it or any affiliated organizations or students of something of value
(property, money, services, or opportunities).
- Deception, false representation of fact by either
conduct or other communication, or concealing what should have been
disclosed, or made when the actor knew or should have known that the other
party relied upon his or her representations, leading to injury of the
Lead-Deadwood School District, the Board, any of the institutions governed
by it or any affiliated organizations or students.
- Examples of a fraudulent act include but are not
limited to:
- Embezzlement;
- Misappropriation, misapplication, destruction, removal,
or concealment of property;
- Alteration of falsification of documents;
- Theft of any asset (money, tangible property, etc.);
- Authorizing or receiving compensation for goods not
received or services not performed;
- Authorizing or receiving compensation for hours not
worked;
- Intentional misrepresentations of fact, and
- Any other act or omission which is made with the intent
to deceive.
Investigation of potential
fraudulent matters and the resulting reporting should be under the direction of
the superintendent. The superintendent shall cause an investigation to be
performed utilizing available internal and/or external resources.
Information regarding potential fraudulent activities of a criminal nature
should be forwarded to the appropriate authorities of local or state law
enforcement agencies. The Superintendent of Schools is receptive to
receiving information on a confidential basis from an employee who suspects
that a fraudulent activity has occurred. That employee should contact the
superintendent immediately and should not attempt to confront the accused or
conduct his/her own investigation. The results of investigations will not
be disclosed or discussed with anyone other than those persons associated with
the organization who have a legitimate need to know in order to perform their
duties and responsibilities. This does not preclude the disclosure of the
results in accordance with resulting prosecution under legal authority.
Those individuals or agencies
assigned the responsibility for investigation may take control of and gain full
access to the organizations’ records and premises without prior consent of any
individual who may have custody of any such records or facilities.
Care must be exercised in the
investigation to avoid mistaken accusations. The reporting individual
must not contact the suspected individual for information. No facts of
the case may be discussed with anyone inside or outside the organization,
except those individuals conducting the investigation.
During an investigation, the
suspected individual may be suspended with pay. Based upon the results
of the investigation, the individual will either be reinstated or terminated,
based upon the review of the school district’s legal counsel. Fraudulent
activities will be prosecuted to the fullest extent of the law.
If fraudulent activity is found
to have occurred one or more of the following dispositions are available:
- Disciplinary action (up to and including termination of
employment);
- Restitution for all losses, including investigation and
legal expenses;
- Forwarding information to the appropriate authorities
for criminal prosecution;
- Institution of civil action to recover losses;
- Forwarding information to any other appropriate
authority having jurisdiction over licensing or governance of the conduct
of the person or agency.
Where an institution elects to
take corrective or disciplinary action, it will proceed under the procedures in
place under Board policy or any other collective bargaining agreement for the
respective employment classification. However, the institution may take
corrective or disciplinary action without awaiting the resolution of criminal
or civil proceedings arising from the fraudulent conduct.
All investigations will be
conducted in confidence insofar as reasonably possible. The name or names
of those communicating information about a fraudulent act and the name or names
of those suspected of a fraudulent act will be revealed when required in
conjunction of the investigation or legal action.
Adopted: January 15, 2008
DI-R
FISCAL YEAR REPORT
In accordance with state law,
an annual report covering the educational and financial activities of the
school district will be prepared by the business manager. The report will be
submitted and approved on or before August 30th with the State Division of Elementary
and Secondary Education.
Adopted: June 1986
Revised: February 10, 1997
Revised: February 14, 2017
DIB
E-RATE RECORDS RETENTION POLICY
Pursuant to the SD Bureau of
Administration, Records Retention Division, SCL-53, E-Rate Federal Funding
Files 14-012, information is retained for audit purposes. The information to be
retained includes applications, invoices, financial reports, and
correspondence. That information is to be retained for one (1) year, then
transferred to storage for 9 years, and may be destroyed after ten (10) years
provided all litigation, claims, and audit findings involving the records have
been resolved and final action has been taken.
Pursuant to 47 CFR 54.516(a),
the Lead-Deadwood School District shall retain all documents related to the
application for, receipt, and delivery of E-Rate supported services for ten
(10) years after the last day of the applicable funding year or the service
delivery deadline for the funding request, whichever is later. Any other
document that demonstrates compliance with the statutory or regulatory
requirements for the schools shall be retained as well. The District shall
maintain asset and inventory records of equipment purchased as components of
supported category two services sufficient to verify the actual location of
such equipment for a period of 10 years after purchase.
Pursuant to 47 CFR 54.516(b)
and (d), the Lead-Deadwood School District shall produce such records at the
request of any representative (including any auditor) appointed by the South
Dakota Department of Education, the Universal Service Administrative Company,
the FCC, or any local, state or federal agency with jurisdiction over the
District, and the District shall permit such representative to enter the
District’s premises to conduct E-rate compliance inspections.
Pursuant to 47 CFR 54.516(c),
the Lead-Deadwood School District shall be subject to audits and other
investigations to evaluate its compliance with the statutory and regulatory
requirements for the school district service support mechanism, including those
requirements pertaining to what services and products are purchased, what
services and products are delivered, and how services and products are being
used. The District must provide consent before a service provider releases
confidential information to the auditor, reviewer, or other representative.
According to Federal
Communications Commission FCC 04-190, August 4, 2004, par. 47, the FCC did not
believe that an exhaustive list of documents which must be retained for the
recordkeeping requirement is possible due to the diversity that exists among
program schools and libraries and descriptive titles or names of relevant
documents will vary from entity to entity. The FCC provided for illustrative
purposes (FCC 04-190 par. 48) the following description of documents that
program beneficiaries such as the Lead-Deadwood School District must retain
pursuant to the recordkeeping requirement.
The Lead-Deadwood School
District Board of Education adopts the FCC guidelines as the E-Rate Records
Retention Policy for the Lead-Deadwood School District as set forth below:
• Pre-bidding
Process. The District shall retain the technology plan and technology plan
approval letter. If consultants are involved, The District shall retain signed
copies of all written agreements with E-rate consultants.
• Bidding
Process. The District shall retain all documents used during the competitive
bidding process. The District shall retain documents such as: (a) Requests for
Proposals, including evidence of the publication date; (b) documents describing
the bid evaluation criteria and weighting, as well as the bid evaluation
worksheets; (c) all written correspondence between the beneficiary and
prospective bidders regarding the products and service sought; (d) all bids
submitted, winning and losing; and (e) documents related to the selection of
service providers.
• Contracts.
The District shall retain executed contracts, signed and dated by both parties,
and all amendments and addendums to the contracts, as well as other agreements
relating to E-rate between the District and service provider, such as up-front
payment arrangements, if any.
• Application
Process. The District shall retain (a) all documents relied upon to submit Form
471, including National School Lunch Program eligibility documentation
supporting the discount percentage sought; (b) documents to support the
necessary resources certification pursuant to section 54.505 of the
Commission’s rules, including budgets; and (c) documents used to prepare the
Item 21 description of services attachment.
• Purchase and
Delivery of Services. The District shall retain all documents related to the
purchase and delivery of E-rate eligible services and equipment. The District
shall retain (a) purchase requisitions, (b) purchase orders, (c) packing slips,
and (d) delivery and installation records showing where equipment was delivered
and installed or where services were provided.
• Invoicing.
The District shall retain all invoices and records proving payment of the
invoice, such as accounts payable records, service provider statement,
beneficiary check, bank statement or ACH (electronic payment) transaction
record. The District shall also be able to show proof of service provider
payment to the beneficiary of the BEAR (Billed Entity Applicant Reimbursement),
if applicable.
• Inventory.
The District shall retain asset and inventory records of equipment purchased
and components of supported internal connections services sufficient to verify
the location of such equipment. The District shall also retain detailed records
documenting any transfer of equipment within three years after purchase and the
reasons for such a transfer.
• Forms and
Rule Compliance. All program forms, attachments and documents submitted to the
Administrator (USAC, Universal Service Administrative Company) must be
retained. The District shall retain all official notification letters from
USAC, as applicable. The District shall retain FCC Form 470 certification pages
(if not certified electronically), FCC Form 471 and certification pages (if not
certified electronically), FCC Form 471 Item 21 attachments, FCC Form 479, FCC
Form 486, FCC Form 500, FCC Form 472. The District shall also retain any
documents submitted to USAC during program integrity assurance (PIA) review,
Selective Review and Invoicing Review, or for SPIN change or other requests.
Note: The
Federal Communications Commission FCC 04-190, August 4, 2004, par. 49
emphasized in that the rule requires schools to retain all documents necessary
to demonstrate compliance with the statute and Commission rules regarding the
application for, receipt, and delivery of services and the descriptive list above
was provided by the FCC as a guideline but cannot be considered exhaustive.
LEGAL REFERENCES:
Code of Federal Regulations, 47
CFR 54.516, Subpart F - Universal Service Support for Schools and Libraries
Federal
Communications Commission FCC 04-190, August 4, 2004, paragraphs 47, 48 &
49
Federal Communications
Commission FCC 14-99, July 23, 2014, paragraph 262
Federal Communications
Commission FCC 14-189, December 19, 2014, paragraph 144
SD Bureau of Administration,
Records Retention Division, SCL-53, E-Rate Federal Funding Files 14-012
Adopted: December 8, 2009
Revised: February 14, 2017
DID
INVENTORY
The School District shall
annually cause an inventory of the school’s property to be made and placed on
file with the Business Manager in accordance with SDCL 5-21-1. The person
in charge of a particular room shall be the person to take the inventory.
If there is a room in a building that no person has charge of, the principal of
that building shall be responsible for the inventory of that room.
The information required shall
be: building, room, school ID number, description of item, serial number,
acquisition date, original cost and special fund if applicable.
The person in charge of a room
shall also maintain an inventory, for insurance purposes, of all textbooks,
supplies and other materials and equipment in that room. This will be
kept by total of each individual type of item.
Adopted: July 1, 2002
DID-R
CAPITAL ASSETS
General capital assets are
divided into five main classes: land, buildings, improvements other than
buildings, equipment, and construction work in progress. Generally
accepted accounting principles require that each school adopt a dollar value
indicating which capital assets should be capitalized. The following
thresholds will be used in determining if assets shall be included in the
District’s capital assets inventory: Equipment with an initial cost in
excess of $5,000.00 and an expected life exceeding one year; buildings shall be
recorded when the initial cost exceeds $50,000.00; Building improvements and
improvements other than buildings shall be recorded when the initiation cost
exceeds $25,000.00; Food Service equipment shall be recorded when the initial
cost exceeds $1,000.00.
Approved: July 1, 2002
DJC
LOCAL BUSINESS ESTABLISHMENTS
In awarding a contract, if all
things are equal, including the price and quality of the supplies or services,
the school district shall give preference:
1. to a public
or private nonprofit corporation geographically located in the State of South
Dakota that provides services for persons with disabilities and is certified by
the Department of Human Services, if the other equal low bid or proposal was
submitted by a business that was not a qualified agency;
2. to a
resident business if the other equal low bid or proposal was submitted by a
nonresident business;
3. to a resident
manufacturer if the other equal low bid or proposal was submitted by a resident
business that is not a manufacturer;
4. to a
resident business whose principal place of business is located in the State of
South Dakota, if the other equal low bid or proposal was submitted by a
resident business whose principal place of business is not located in the State
of South Dakota; or
5. to a
nonresident business providing or utilizing supplies or services found in South
Dakota, if the other equal low bid or proposal was submitted by a nonresident
business not providing or utilizing supplies or services found in South Dakota.
In computing price, the cost of
transportation, if any, including delivery, shall be considered.
A resident bidder shall be
allowed a preference on a contract against the bid of any bidder from any other
state or foreign province that enforces or has a preference for resident
bidders. The amount of the preference given to the resident bidder shall be
equal to the preference in the other state or foreign province.
Adopted: 1976
Revised: February 10, 1997
Revised: February 14, 2017
DJE
LEAD-DEADWOOD SCHOOL DISTRICT #40-1
COPYRIGHT POLICY
It is the intent of the Lead-Deadwood
School District to comply with the Copyright Revision Act of 1976 (Title 17 of
the United States Code). Only legal copies of copyrighted materials may
be made or used on district equipment. Copyright releases for specific
materials will be obtained, where available. If the releases are not
obtained, alternative products will be considered.
A copy of the policy and
guidelines for the various formats of materials will be made available to all
employees.
The district assumes no
liability of infringement of copyright by individual employees.
Adopted: June 14, 1993
Revised: February 10, 1997
DJE-R
COPYRIGHT RULE
COPYRIGHT LAW – P.O. 94-553 –
COPYRIGHT REVISION ACT OF 1976
Factors in fair use:
- Purpose and character of use, including commercial or
nonprofit education purpose.
- Nature of copyrighted work (i.e. type of material:
book, periodical, film, etc.)
- Brevity: amount of work used in relation to whole (see
specific guidelines below).
- Cumulative effect: effect of use on potential market
for, or value of, the copyrighted material (see specific notes below).
- Spontaneity: decision to use work and time of use are
so close that it is unreasonable to expect a timely reply to a request for
permission.
Guidelines:
- Print material—permissible use.
- Single copies for teachers (at teacher’s individual
request for research of teaching a class).
- chapter of a book
- article from periodical or newspaper
- short story, short essay, short poem, whether or not
from a collective work
- charge, graph, diagram, cartoon or picture from a book,
periodical or newspaper
- Multiple copies for classroom use (not to exceed one
(1) per copy course)
- article, story or essay, less than 2,5000 words or
excerpt
- complete poem if less than 250 words
- excerpt of longer poem, not to exceed 250 words
- one (1) chart, graph, diagram, drawing, cartoon or
picture per book or periodical issue
- Special works (works combining poetry, prose,
illustration and intended for children); excerpt of not more than two (2)
published pages and containing not more than ten percent (10%) of text)
- Special notes on preceding items:
- must bear copyright notice
- copying made for one (1) course only
- one (1) work from a single author
- not more than three (3) authors from a single
collective work or periodical volume
- no more than nine (9) instances of multiple copying for
one (1) class during one (1) term
- copying shall not be used to create, or replace or
substitute for, anthologies or collective works
- copying of “consumable” works (i.e. workbooks, text
booklets and answer sheets, etc.) is strictly prohibited
- Music
- Permissible uses
- Emergency copying to replace purchased copies which,
for any reason, are not available for an imminent performance provided
purchased.
- For academic purposes, other than performance, multiple
copies of excerpts of works may be made, provided that excerpt does not
constitute a performable unit (ex: movement, aria, etc.) in no case more
than ten percent (10%) of whole work. Number of copies shall not
exceed one (1) copy per pupil.
- For academic purposes, other than performance, a
teacher may make a single copy of entire unit that is either (1) confirmed
by copyright holder to be out of print; or (2) unavailable excerpt in a
larger work; for purposes of scholarly research or in preparation to teach
a class.
- Printed copies which have been purchased may be edited
or simplified provided that the fundamental character of that work is not
distorted. Lyrics may not be altered or added if none exists.
- Permissible records of music work
- Single copy of recording (ex: tape, disc, cassette) of
copyrighted music may be made from recordings owned by educational
institution or individual teacher for purposes of constructing aural
exercise or examinations and may be retained by institution or
teacher. (Applies only to copyright of music itself (i.e. composed)
- Prohibitions related to music
- Copying to created, or replace, or substitute for
anthologies, compilations or collective works
- Copying from works intended to be “consumable” (i.e.
workbooks, exercise, standardized tests, etc.)
- Copying for performance, except for emergency copying
identified above
- Copying for purpose of substituting for music except as
identified above
- Copying without inclusion of copyright notice which
appears on printed copy of music
- Audiovisual materials
- Examples of permissible uses:
- Creating a series of slides from multiple sources
(books, magazines, etc.), not to exceed ten percent (10%) of photographs
in any one source unless source specifically prohibits any photographic
reproduction.
- Creating a single overhead transparency from a single
page of a consumable workbook.
- Creating multiple overhead transparencies from a
variety of sources, not to exceed ten percent (10%) of total content of
any one source, unless this type of reproduction is specifically
prohibited.
- Excerpting sections from a filmstrip to create slides,
not to exceed ten percent 9105) of entire production, not excerpting very
creative essence of work, nor violate prohibition of this type of
reproduction.
- Reproducing selective slides from a slide series not to
exceed ten percent 910%) of entire production, not excerpting very creative
essence of work, nor violate prohibition of this type of reproduction.
- Excerpting sections of a 16mm film to be used in a
locally produced video tape, not to be shown over cable TV, not to exceed
ten percent (10%) of whole not excerpting creative essence of work.
- Off-air video taping of instructional television
programs cleared for copyright usage.
- Examples of prohibitions
- Duplication of cassette tapes
unless reproduction rights were given at time of purchase.
- Reproduction of musical works
(ex. Records) or conversion into another form for use (tapes)
- Reproduction of ditto masters
produced commercially, individually, in sets, or as part of multi-media
kits if they are available for sale separately.
- Reproduction of any
audiovisual work in its entirety.
- Conversion of one 91) media
format into another (ex. 16mm film into videotape).
- Narrating entire stories onto
audio tape.
- Guidelines of Off-Air Recordings of Broadcast
Programming for Educational Purpose
- The guidelines were developed to apply only to off-air
recording by nonprofit educational institutions.
- A broadcast program may be recorded off-air
simultaneously with broadcast transmission (including simultaneous cable
retransmission) and retained by a nonprofit educational institution for a
period not to exceed the first forty-five (45) consecutive calendar days
after date of recording. Upon conclusion such retention period, all
off-air recordings must be erased or destroyed immediately.
“Broadcast programs” are television programs transmitted by television
stations for reception by the general public without charge.
- Off-air recordings may be used once by individual
teachers in the course of relevant teaching activities and repeated once
only when instructional reimbursement as necessary, in classrooms and
similar places devoted to instruction within a single building cluster or
campus as well as in the homes of students receiving formalized home
instruction, during the first ten (10) consecutive school days in the
forty-five (45) calendar days retention period. “School days” are
school session days; not counting week-ends, holidays, vacations,
examination periods or other scheduled interruptions within the forty-five
(45) calendar day retention period.
- Off-air recordings may be made only at the request of
and used by individual teachers and may not be regularly recorded in
anticipation of requests. No broadcast program may be recorded
off-air more than once at the request of the same teacher, regardless of
the number of times the program may be broadcast.
- A limited number of copies may be reproduced from each
off-air recording to meet the legitimate needs of teachers under these
guidelines. Each such additional copy shall be subject to all
provisions governing the original recording.
- After the first ten 910) consecutive school days,
off-air recordings may be used up to the end of the forty-five (45)
calendar day retention period only for teacher evaluation purposes, i.e.
to determining whether or not to include the broadcast program in the
teaching curriculum and may not be used in the recording institution for
student exhibition or any other non-evaluation purpose without
authorization.
- Off-air recording need not be used in their entirety,
but the recorded programs may not be altered from their original
content. Off-air recordings may not be physically or electronically
combined or merged to constitute teaching anthologies or compilations.
- All copies of off-air records must include the
copyright notice on the broadcast program as recorded.
- Educational institutes are expected to establish
appropriate control procedures to maintain the integrity of these
guidelines.
- Computer Software
- The owner of a copy of a computer program may copy that
program provided that:
- The new copy is made in order
to be able to use the program in conjunction with the machine, and that
it is used in no other matter, or
- That the new copy is for
archival purposes only, and that all archival copies are destroyed in the
event that continued possession of the program should cease to be
rightful.
- Any copies prepared to adapt
may not be leased, sold or otherwise transferred without authorization of
the copyright holder.
Library Photocopying
- Unsupervised copying equipment
- A library and its employees
are relieved of liability for copyright infringement resulting from
unsupervised use of copying equipment located on its premises, provided
that:
- A library must display on the
equipment a notice that making of the copy may be subject to the copyright
law.
- Working for notice recommended
by American Library Association: NOTICE: THE COPYRIGHT LAW OF THE UNITED
STATES (TITLE 17 U.S. CODE) GOVERNS THE MAKING OF COPIES OF COPYRIGHTED
MATERIAL. THE PERSON USING THIS EQUIPMENT IS LIABLE FOR ANY
INFRINGEMENT. (Signs are available from Demco, Brodart and other
library supply dealers.)
- Permissible copying:
- Make single copies of one (1)
article or small portion of book or other work if (a) copy is to be used
only for private study or research, and (b) request is not perceived to
be part of concerted effort to obtain multiple reproduction.
- Make multiple copies for
teacher if the item meets the tests of brevity, spontaneity and
cumulative effect under fair use guidelines.
- Copy for unpublished work in
the library’s collection, for preservation or security, or for research
in another library open to the public.
- Copy to preserve a
deteriorated published work, if reasonable effort has been made to
obtain a new copy at a fair price.
- A library may participate in
copying for interlibrary loan arrangements that do not involve such
large quantities as to substitute for subscription to or purchase of a
work.
- Prohibited uses:
- Make copies for class members if there is reason to
suspect that all students have been instructed to obtain copies
individually.
- Make copies on a systematic basis to avoid subscription
to or purchase of a work at their library or another library.
- Make copies of musical works, pictures, graphic or
sculptural works, motion pictures, or other audiovisual works (excerpt
daily news programs) unless it is for the purpose of preservation, or
security, or meets fair use guidelines.
- Copying without including a notice of copyright.
- Suggested wording of notice (from American Library
Association): NOTICE THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW
(TITLE 17 U.S. CODE).
- Notice should be affixed to first page of reproduced
copy
- Making multiple copies for reserve use, except where
fair use guidelines of brevity, spontaneity and cumulative effect have
been met.
- No charge may be made to student beyond actual cost of
photocopying.
Legal copies are those that
follow copyright law pertaining to specific materials. Guidelines for
legal copying follow A#1.
GUIDELINES FOR COMPUTER COURSEWARE
To be legal copies, courseware
must meet any or all of the following criteria:
- It is in the public domain.
- It is covered by a licensing agreement with the
courseware author(s), vendor or developer.
- It is a backup copy made as an essential step in the
utilization of the program in conjunction with a machine and it is used in
no other manner.
- It is a copy made for archival purposes only and it is
to be destroyed in the event that possession of the original should cease
to be legal.
- It has been donated to School District 40-1 and, to our
knowledge, is a bonafide contribution of a legal program.
- It has been purchased by District 40-1.
- It has been purchased by the user.
- It is a legal program being reviewed or demonstrated by
the users in order to reach a decision about possible future purchase or
request for contribution or licensing.
- It has been written or developed by the Lead-Deadwood
School District 40-1 for the specific purpose of being used on District
40-1 computers.
- It has been written or developed by Lead-Deadwood
School District who has consented to be used in District 40-1.
Definitions
Brevity:
- Poetry: (a) a complete poem if less than 250 words and
if printed on not more than two (2) pages, or (b) from longer poem, an
excerpt of not more than 250 words or the end of a line.
- Prose: (a) either a complete article, story or essay of
less than 2,500 words or (b) an excerpt from any prose work of not more
than 2,500 words or ten percent (10%) of the work or to the end of a
paragraph
- Illustration: one (1 chart, graph, diagram, drawing,
cartoon or picture per book or per periodical issue
- Special Works: certain works in poetry or prose which
often combine language with illustrations and fall short of 2,500 words
may not be reproduced in their entirety. An excerpt of not more than
two (2) of the public pages and containing not more than ten percent (10%)
of the words in the entire text may be reproduced.
Spontaneity:
- The copying is at the instance and inspiration of the
teacher
- The inspection and decision to use the work and the
moment of its use for maximum teaching effectiveness are so close in time
that it is unreasonable to expect a timely reply to a request for
permission.
Cumulative Effect:
- The copying of the material is for only one (1) course
in the school in which the copies are made
- Not more than one (1) short poem, articles story, essay
or two 92) excerpts may be copied from one author, nor more than three (3)
from the same collective work or periodical volume during one (1) class
term
- There shall not be more than nine (9) instances of such
multiple copying for one (1) course during one (1) class term. (This
does not apply to current newspapers and new periodicals.)
3.
Prohibitions as to above Sanctions
A.
Copying shall not be used to create or replace or substitute for anthologies,
compilations or collective works whether copies are accumulated or reproduced
and used separately.
B.
There shall be no copying of or from works intended to be “consumable” in the
course of study or teaching. These works include workbooks, exercises,
standardized tests, test booklets and answer sheets, etc.
C.
Copying shall not:
- substitute for the purchase of books, publisher’s
reprints or periodicals
- be directed by higher authority
- be reported with respect to the same item by the same
teacher from term to term
- No charge shall be made
to the student beyond the actual cost of copying
REQUESTING PERMISSION TO COPY
The specific data you need to provide when requesting
permission to copy include the following:
- The exact item to be copied; which frame from what
filmstrip, which slide from what filmstrip, which slide from what series,
what sequence from a film, etc.
- The number of copies to be made and in what medium,
slide, tape, black and white or color pint, transparency
- The use that will be made of the copy; part of a
learning packet or resource unit; in a slide/tape presentation
- Whether the material to be copied will be involved in a
for-profit or not-for-profit venture
- The Distribution of the copies: in school, district,
state, city, to all PTA’s in the area, etc.
The form on the following page allows you to tell the producer
everything he or she needs to know in order to grant permission to copy.
Make an extra copy for your files, and if you don’t get an answer within four
94) or six (6) weeks, write again and make it “Second Request.”
GUIDELINES FOR EDUCATIONAL USES
OF MUSIC
A#3
The purpose of the following guidelines is to state the
minimum and not the maximum standards of educational use under Section 107 of
H.R. 2223. It is understood that the conditions determining the extent of
permissible copying for educational uses may change in the future. Also,
there may be instances in which copying does not fall into the guidelines
stated below may nonetheless be permitted within the criteria of fair use as
stated in Section 107 of the Copyright Revision Bill.
- Permissible Uses
- Emergency copying to
replace purchased copies which are not available for an imminent
performance provided purchased replacement copies shall be substituted
in due course.
- (i) For
academic purposes other than performance, single or multiple copies of
excerpts of works may be made, provided that the excerpts do not
compromise a part of the whole which would constitute a performable
unit such as a section, movement of aria and in no case more than ten
percent (10%) of the whole work. The number of copies shall not
exceed one (1) per pupil.
(ii)For academic purposes
other than performance a single copy of an entire performable unit (section,
movement, aria, etc.) that is confirmed by the copyright proprietor to be out
of print or unavailable except in a larger work may be made by or for a teacher
solely for the purpose of his/her scholarly research or in preparation to teach
a class.
GUIDELINES FOR OFF-AIR RECORDING OF TELEVISION
A#4
- The guidelines apply only to off-air simultaneously with
broadcast transmission (including simultaneous cable retransmission) and
retained by a nonprofit educational institution for a period not to exceed
forty-five (45) calendar days after date of records must be erased or
destroyed immediately. “Broadcast programs” are television programs
transmitted by television stations for reception by the general public
without charge.
- Off-air recordings may be used once by individual teachers
in the course of relevant teaching activities and repeated only once when
instructional reinforcement is necessary, in classrooms and similar places
devoted to instruction within a single building, cluster or campus as well
as in the homes of students receiving formalized home instruction, during
the first ten (10) consecutive school days in the forty-five (45) day
calendar retention period. “School days” are days schools are in
session within the forty-five (45) day period.
- Off-air recordings may be made only at the request of
individual teachers and may not be recorded regularly in anticipation of
requests. No broadcast program may be recorded off-air more than
once at the request of the same teacher regardless of the number of times
the program may be broadcast.
- A limited number of copies may be reproduced from each
off-air recording to meet the legitimate needs of teachers under these
guidelines. Each additional copy shall be subject to all provisions
governing the original recording.
- After the first ten (10) consecutive school days,
off-air recordings may be used up to the end of the forty-five (45)
calendar day retention period only for teacher evaluation purposes, i.e.,
to determine whether or not to include the broadcast program in the
recording institution for student exhibition or any other nonevaluation
purpose without authorization.
- Off-air recordings need not be used in their entirety
but the recorded programs may not be altered from their original
content. Off-air recordings may not be physically or electronically
combined or merged to constitute teaching anthologies or compilations.
- All copies of off-air recordings must include the
copyright notice on the broadcast program as recorded.
Adopted: June 14, 1993
Revised: February 10, 1997
DJF
PURCHASING PROCEDURES/CREDIT CARD USE
The Business Manager, with
approval of the Superintendent/CEO, is authorized to provide School District
credit cards on an as-needed basis to teachers, administrators, and school board
members for school related and approved travel and/or purchases. Use of
School District credit cards may only be authorized for a specific reason or
event and a limited period of time. A written record of all authorized
users, the purpose or event for which use was authorized, and a return date
shall be kept by the Business Manager. The available credit line for any
card issued under this policy shall not exceed Eight Thousand Dollars
($8,000). School District credit cards may be used for the following
reasons:
- Travel-related expenses:
- Fuel, oil, and repairs for
school vehicles;
- Meals/lodging: The
amount shall not exceed rates pre-approved by the District as a part of
the purchase/travel request process or Board policy; and
- Emergency items related to the
purpose of the travel.
- Other usage:
- For purchase of materials, supplies, or equipment when
authorized by the Business Manager.
Prior to authorizing the use of
School District Credit cards, the Business Manager shall require the user to
sign a credit card use agreement authorizing the School District to deduct or
withhold the amount of any and all charges to the credit card from the user’s
pay unless:
- The charge is for a school-related purpose authorized
under this policy; and;
- The person has submitted signed receipts and such other
documentation as the Business Manager may require prior to the credit card
statement being received by the Business Manager for payment.
The credit card use agreement
must be signed and completed prior to any use of the School District credit
card. Any use of the School District’s credit card prior to or without
completing the credit card use agreement shall be considered unauthorized and
may subject the use to discipline, including dismissal, and criminal charges.
The Business Manager shall
reconcile all credit card statements unless the Business Manager was an
authorized user for the period of time covered by the statement. In such
cases, some person other than the Business Manager shall reconcile the credit
card statement.
Any credits earned such as
frequent flyer miles or other things of value received as a result of the use
of the District’s credit card will be the property of and solely for the
benefit of the School District.
Adopted: January 10, 2006
Revised: March 9, 2010
DLC-R
TRAVEL EXPENSES FOR ATTENDANCE AT PROFESSIONAL MEETINGS AND
CONFERENCES
Travel Preparation
- Leave requests are to be submitted to the building
administrator for approval and forwarded to the Travel Committee.
Requests are to be I the Business Office at least five (5) days in advance
of travel.
- Leave request will be accompanied by purchase orders
covering the estimate of expenses connected with the trip.
- Lodging reservations are the responsibility of the
traveler and to be on a purchase order. Not to be paid in advance.
- Registrations are the responsibility of the traveler
and to be on a purchase order. Not to be paid in advance.
- Airline travel reservations are to be made through a
local travel agency whenever possible and to be on a purchase order.
Travel Allowances
- Actual expenses or amount approved by the Travel
Committee for lodging.
- Meal allowances will be paid only when associated with
overnight travel or approved by the superintendent. This will be
based on the allowable State rates.
- Mileage reimbursement will be based on State rates.
- Actual expenses of airfare or amount approved by the
Travel Committee. In the instance the employee does not go to the
said event, the employee will be responsible to repay the district for the
airfare.
- Registration fees at actual cost or amount approved by
the Travel Committee. When the fee includes any meals, the amount of
the meal included will be deducted from the meal allowance.
The Board of Education permits
an advance for meals only. Reimbursement for the other travel expenses
will be paid as follows:
Travel Claims
- To be made within five (5) school days of trip
completion.
- Paid after Board approval
- When accompanied by receipts for:
Lodging
Registration
Fee
Travel
Expenses
School vehicle
charge slips
- Accompanied by a completed expenses and transportation
voucher.
Adopted: August 14, 1995
Revised: July 13, 1999
DLC
REGISTRATION FEES
The Lead-Deadwood School
District will pay the registration fees for students representing the school in
any public, school-sponsored activity.
DLC-R
STUDENT/ADVISOR ACTIVITY MEALS AND LODGING
Any student and/or advisor
participating in a school-sponsored activity may be furnished meals/lodging at
the expense of the school district providing the following criteria are met:
- The activity trip is the final (ex: state Basketball
Tournament) state sponsored event that requires overnight lodging or as
approved by the activities director.
- The time of departure and return from the trip shall
determine the number of meals to be purchased. This shall be
determined by the activities director and the advisor.
- The school rate for meals will be followed for meal
allowance. Meals may be provided for state events that require
travel but not necessarily an overnight stay. Prior to the event,
meal arrangements must be finalized and approved by the activities
director.
- If the bus driver and advisor deem the return trip home
unsafe due to inclement weather the school would pay for the next
scheduled meal (i.e. the meals the following day).
Adopted: June 10, 1991
Revised: February 10, 1997
Revised: January 13, 2009
SECTION E: SUPPORT SERVICES
Below is listing of Lead-Deadwood
School District policies in Section E that have been approved by the
Lead-Deadwood Board of
Education.
EB
BUILDING SECURITY
It is the responsibility of the Superintendent to see
to it that measures be taken to insure the security of all buildings and grounds
as well as contents and safety of personnel using the same.
Adopted: 1976
Revised: February 10,
1997
EBCA
BOMB THREATS
The
Board recognizes that bomb threats are a significant concern to the schools.
Whether real and carried out or intended as a prank or for some other purpose,
a bomb threat represents a potential danger to the safety and welfare of
students and staff and to the integrity of school property. Bomb threats
disrupt the instructional program and learning environment and also place
significant demands on school financial resources and public safety services.
These effects occur even when such threats prove to be false.
Any
bomb threat will be regarded as an extremely serious matter and treated
accordingly. The Board directs the Superintendent to react promptly and
appropriately to information concerning bomb threats and to initiate or
recommend suitable disciplinary action.
CONDUCT
PROHIBITED
No
person shall make, or communicate by any means, whether verbal or non-verbal, a
threat that a bomb has been, or will be, placed on school premises. Because of
the potential for evacuation of the schools and other disruption of school
operations, placement of a bomb or of a "look-alike" bomb on school
premises will be considered a threat for the purpose of this policy.
It
is also a violation of Board policy to communicate by any means that any toxic
or hazardous substance or material has been placed, or will be placed, on
school premises with the intent to endanger the safety and welfare of students
or staff and/or to disrupt the operations of the schools. For the purpose of
this policy, "toxic or hazardous substance or material" means any
material or substance, including biomedical materials or organisms, that, when
placed as threatened, could be harmful to humans.
DEFINITIONS
1.
A "bomb" means an explosive, incendiary or poison gas bomb, grenade,
rocket, missile, mine, "Molotov cocktail" or other destructive
device.
2.
A "look-alike bomb" means any apparatus or object that conveys the
appearance of a bomb or other destructive device.
3.
A "bomb threat" is the communication, by any means, whether verbal or
nonverbal, that a bomb has been, or will be, placed on school premises,
including possession or placement of a bomb or look-alike bomb on school
premises.
4.
"School premises" means any school property, school buses and any
location where any school activities may take place.
DEVELOPMENT
OF BOMB THREAT PROCEDURES
The
Superintendent or designee shall be responsible for developing and implementing
procedures specific to bomb threats as part of the District's Crisis Response
Plan. These procedures are intended to inform administrators and staff of
appropriate protocols to follow in the event that a bomb threat is received and
should include provisions to address:
1.
Threat assessment (for the purpose of identifying a response that is in
proportion to the threat, in light of what is necessary to ensure safety);
2.
Building evacuation and re-entry (including selection of potential alternative
sites for those who are evacuated);
3.
Incident "command and control" (who is in charge, and when);
4.
Communications contacts and mandatory bomb threat reporting;
5.
Parent notification process;
6.
Training for staff members;
7.
Support services for students and staff.
The
initial bomb threat procedure will be subject to approval by the Board. The
Superintendent or his or her designee will be responsible for overseeing a
review or evaluation of bomb threat procedures.
REPORTING
OF BOMB THREATS
1.
A student who learns of a bomb threat or the existence of a bomb on school premises
must immediately report such information to the building principal, teacher,
the School Resource Officer or other employee in a position of authority.
2.
An employee of the school unit who learns of a bomb threat shall immediately
inform the building administrator. The building administrator shall immediately
7
take
appropriate steps to protect the safety of students and staff in accordance
with the District's bomb threat procedure, as developed under Section C, and
inform the Superintendent of the threat.
3.
All bomb threats shall be reported immediately to the local law enforcement
authority, as provided in the bomb threat procedures.
4.
The Superintendent shall be responsible for reporting any bomb threat to the
Board of Education. Reports will include the name of the school, the date and
time of the threat, the medium used to communicate the threat, and whether or
not the perpetrators have been apprehended.
STUDENT
DISCIPLINE CONSEQUENCE
Making
a bomb threat is a crime. Any student suspected of making a bomb threat shall
be reported to law enforcement authorities for investigation and possible
prosecution. Apart from any penalty imposed by law, and without regard to the
existence or status of criminal charges, a student who makes a bomb threat
shall be subject to disciplinary action.
The
administration shall suspend and may recommend for expulsion any student who
makes a bomb threat.
AIDING
OTHER STUDENTS IN MAKING BOMB THREATS
A
student who knowingly encourages, causes, aids or assists another student in
making or communicating a bomb threat shall be subject to the disciplinary
consequences described in Section E of this policy.
FAILURE
TO REPORT A BOMB THREAT
A
student who fails to report information or knowledge of a bomb threat or the
existence of a bomb or other destructive device in a school building or on
school property may be subject to disciplinary consequences, which may include
suspension and/or expulsion.
STAFF
DISCIPLINE CONSEQUENCES
A
school system employee who makes or communicates a bomb threat will be reported
to appropriate law enforcement authorities and will be subject to disciplinary
action up to and including termination of employment. Disciplinary action taken
shall be consistent with collective bargaining agreements, other employment
agreements and Board policies.
A
school system employee who fails to report information or knowledge of a bomb
threat or the existence of a bomb on school premises will be subject to
discipline up to and including termination of employment.
CIVIL
LIABILITY
The
District reserves the right to bring suit against any individual responsible
for a violation of this policy and to seek restitution and other damages as
permitted by law.
LOST
INSTRUCTIONAL TIME
Instructional
time lost as a result of a bomb threat will be rescheduled at the earliest
appropriate opportunity as determined by the Superintendent within parameters
set by the Board.
Time
lost may be rescheduled on a vacation day, or after what would normally be the
last day of the school year, except on days when schools must be closed as
required by law.
NOTIFICATION
THROUGH STUDENT HANDBOOK
All
student handbooks shall address the District's bomb threat policy and
procedures and explain the educational consequences of bomb threats. In
addition, student handbooks shall notify students and parents that bomb threats
violate Board policy and civil and criminal law.
Adopted:
March 14, 2017
ECAC
Video
Surveillance
The
purpose of this policy is to provide guidelines for the use of security cameras
on property owned and/or utilized by the Lead-Deadwood School District in a way
that enhances security and aids law enforcement while respecting the privacy
expectation of staff, students, and community members. The Board recognizes and
authorizes the use of video surveillance on district property to ensure the
health, welfare, and safety of all staff, students, and visitors to district
property and to safeguard district buildings, grounds, and equipment.
Electronic
surveillance is used to deter crime and enforce violations of the district’s
rules and policies, as well as the laws of the State of South Dakota and the
United States. The School Board recognizes the value of electronic surveillance
for monitoring activity on school property and to assist school officials
and/or law enforcement with investigating alleged violations of school policy
or illegal activity. A video recording is subject to the provisions of the
Family Education Rights and Privacy Act (FERPA).
Camera
Location: The
Superintendent will approve appropriate locations for video surveillance.
Electronic surveillance shall be used in areas where there is no reasonable
expectation of privacy. Electronic surveillance shall not be conducted in areas
where there is a reasonable expectation of privacy, such as athletic locker
rooms, showers, and restrooms.
Notification:
The
Superintendent will notify staff, students, and visitors through staff and
student handbooks or by other means that video surveillance may occur on
district property. A notice will also be posted at the main entrance of all
schools and district administration buildings, and on all buses, indicating the
use of video surveillance.
Use
of Recordings: Video
content captured by cameras may be stored electronically and may be used to
identify problematic circumstances, assist with an investigation or prosecution
of conduct in violation of Board of Education Policies or illegal activity. If
a surveillance camera records unlawful conduct or conduct in violation of the
Board of Education Policies for employee or student conduct, the record shall
be admissible as evidence in any proceeding regarding the discipline of any
student or staff member. Local law enforcement will be permitted access to live
streaming in the schools in cases of emergency. Cameras and images may be
accessed and used only by authorized school personnel and outside entities as
outlined in this policy. Employees and contractors may not use equipment,
images and digital content for personal reasons.
Protection
and Retention of Camera Recordings: The disclosure of information shall be
consistent with the Family Education Right and Privacy Act (FERPA). The
district will comply with all applicable state and federal laws related to
maintenance and retention.
Compliance
and Exceptions: It
shall be the responsibility of the district administration to see that records
related to the use of security cameras and recordings from security cameras are
sufficient to demonstrate compliance with this policy. Uses of security cameras
beyond those described in this policy shall be governed by applicable district
policies and procedures. The district will comply with all applicable state and
federal laws related to record maintenance and retention.
Adopted:
February 11, 2019
EDBA
LOANING OF
TEXTBOOKS
Textbooks will be loaned to children who are not
enrolled in the Lead-Deadwood School District or a school supported by any
other governmental entity upon written request by the child or the child’s
parent or guardian.
Textbooks loaned shall be the same textbooks normally
used by the students enrolled in the Lead-Deadwood Schools.
Adopted:
May 1987
Revised:
February 10, 1997
Revised:
March 14, 2017
EE
SCHOOL
SPONSORED TRIPS
All students going on school sponsored trips will be
transported by a school vehicle unless permission is granted by the
administration.
Any student wishing to travel to a school sponsored
activity in a vehicle other than a school vehicle must fill out Form
(EE-R). This form can be obtained in either the Principal’s Office or the
Activities Office and must be completed and on file in the administration
office prior to the school activity taking place.
Adopted:
January 13, 2009
Revised:
March 14, 2017
EE-R
LEAD-DEADWOOD
SCHOOL DISTRICT
REQUEST TO
PARTICIPATE IN SCHOOL ACTIVITY
PROVIDING
PERSONAL TRANSPORTATION
AND STATEMENT
TO HOLD SCHOOL DISTRICT HARMLESS
The undersigned parent/legal guardian requests that
their child participate in the following school activity:
ACTIVITY:
LOCATION:
DATE/TIME:
REASON FOR REQUEST:
The activity requires off campus participation.
The below identified student and guardian are requesting transportation in a
vehicle other than a school vehicle for transportation. The
parent/guardian states that:
- The student/driver has a valid driver’s license
- The student/driver will abide by school policy
- The student/driver will not transport any other student
without administrative approval
- The vehicle is insured
Furthermore, the undersigned hereby releases and agrees
to hold harmless the Lead-Deadwood School District from any claim or injury
that may be suffered as a result.
Name of
Student (date)
Parent/Guardian
(date)
Based on the foregoing, the Lead-Deadwood School
District hereby grants permission for the above named student to participate in
the identified activity.
By:
(date)
Title:
This form must be completed and on file in the
administration office prior to a student riding to a school activity in a
vehicle other than a school vehicle.
Adopted:
January 13, 2009
Revised:
March 14, 2017
EF
SCHOOL LUNCH
SERVICES
The purpose of this policy is to clarify the process when
students/families fail to pay for their meals. All pricing policies for
school meals are matters of local discretion. This includes decisions
about whether or not to extend credit to children who have a delinquent account
or whether or not to provide an alternate meal to such children or not allow
seconds or ala carte purchases. While schools are not obligated to
provide meals to children who have a delinquent account, the LDSD will be
flexible in this area, particularly with young children and children with
disabilities who may be unable to take full responsibility for their
account. When a student lunch account becomes delinquent, the District
shall make the student’s parents or guardians aware of that fact and that
financial assistance may be available to them. Free and Reduced Price
Lunch Applications will be made available to any parent/guardian that has
difficulty paying for the student’s lunch. Completing this application
does not necessarily guarantee that a free or reduced price lunch will be
approved. All applicants must qualify. If accepted for a free or
reduced price lunch, the parent/guardian will still owe the school for any
outstanding balance on the lunch account. Lunches that meet state
standards shall be provided to students, regardless of whether their account is
delinquent, because the District holds parents responsible for payment, not the
students.
Building Principals will contact parents/guardians when accounts exceed $50.00. If attempts of communicating with the parents or guardians to collect the delinquent funds are not successful, efforts to recover these delinquent funds may progress to include the following:
Using the courts to seek
reimbursement.
All delinquent payments will be pursued up to two years after a student has withdrawn from the district at which time for auditing purposes the delinquent funds will be written off per board action.
In the event that the school district receives donations for delinquent lunch accounts, the district business manager and superintendent will determine which accounts are credited and how much money will be allocated.
Adopted: 1976
Revised: February 10, 1997
Revised: January 11, 2011
Revised: March 14, 2017
Revised July 11, 2019
EIA
PROPERTY,
LIABILITY VEHICLE INSURANCE
Insurance will be provided for all property, liability,
vehicle and contents of the Lead-Deadwood School District No. 40-1.
Adopted:
December 14, 1956
Revised:
February 10, 1997
SECTION
F:
FACILITIES DEVELOPMENT
Below
is listing of Lead-Deadwood School District policies in Section F that have
been approved by the Lead-deadwood Board of Education.
FB
NAMING FACILITIES
The Board of Education shall have sole authority to name or rename
district facilities, which include buildings, athletic fields, stadiums,
gymnasiums, libraries, fields, tracks and multipurpose rooms. The
following guidelines shall apply to requests for naming facilities:
1. PROCEDURE
All requests for naming facilities shall be submitted to the district
Superintendent at the district office. Requests shall include reasons the
facility should be named after the proposed individual, a biography of the
individual to be honored, a letter of permission from the family, and other
information, such as funding and design plans for signage.
2. DISTRICT NAMING COMMITTEE
The Board directs the Superintendent to establish a Naming Committee composed
of diverse membership from the community, school staff, and student
population. The Naming Committee shall consider all naming proposals,
come up with a reasonable and fair process for evaluation, review and consider
all requests, and decide whether to recommend a naming or renaming to the
Board. The Naming Committee, under the direction of the Superintendent,
shall set its own rules and procedures for meetings.
3. CRITERIA FOR FACILITY NAMES
The Naming Committee and Board of Education shall consider the following
questions when deciding on a naming request:
a. What is the individual’s moral character and contribution
to education?
b. What is the individual’s connection to the facility?
c. What is the reaction of the district community, based on
input from community members, including school staff, PTA members, and other
sources?
d. Names of retired district employees are eligible to be
considered three years after their retirement from the district.
e. Anyone may submit a suggestion for a school or facility
name to the Committee for consideration.
f. No corporate donors (e.g., Pepsi, Coca Cola, and
Nike) shall be able to purchase naming rights at any district school or
facility.
4. SIGNAGE PLANS
The district’s facilities department, under the supervision of the
superintendent, must approve all signage design plans for the facility.
Final plans will then be submitted to the district’s Board of Education for
final ratification.
Adopted: December 12, 2006
SECTION
G:
PERSONNEL
Below
is listing of Lead-Deadwood School District policies in Section G that have
been approved by the Lead-Deadwood Board of Education.
G
TEACHERS
RESPONSIBILITY OF STUDENTS
Teachers shall be responsible for proper and adequate control of pupils.
Teachers shall enforce rules and regulations of the school and shall give
support to their principals in maintaining district policies.
Teachers shall inform the principal or his/her delegated authority of
acts of misconduct by students.
Revised: February 10, 1997
Revised: June 13, 2017
GBE
AUTOMATIC EXTERNAL
DEFIBRILLATORS (AED)
The Board of Education will ensure that Automatic External Defibrillators
will be placed in schools and that staff are trained. Selected staff will be
trained and receive periodic updates from the school nurse, at each site, on
the proper use of the AEDs. The AEDs will be strategically placed in
various high traffic areas in order to be readily available. A minimum of
four employees in addition to the School Nurse will be certified to use the
AED. Efforts will be made to have as many staff as possible
complete this training. A Physician Director will provide oversight to
the program.
Administrative Guidelines:
AED Placement
Each AED will be located in a central/visible/secure area in the following
locations:
- Gym I Foyer of the High School
- Hallway landing outside of the High School auditorium
- Mountain Top Field storage shed, during seasonal months
(stored in the AD office during the winter)
- Main office of the Middle School behind secretary’s
desk
- Main office of the Elementary School above secretary’s
desk
- Ferguson Field in the concession hallway during fall
sports (moved
- to baseball field concession for spring and
summer-shared with City
- of Dwd)
Oversight
To meet the requirements of the South Dakota Department of Safety, Division of
Emergency Services:
The Physician Director will provide oversight to the
program including:
- Placement of device and notification of placement
- Ensure compliance with training requirements. The South
Dakota Department of Safety, Division of Emergency Service stipulates that
training must be to AHA standards.
- Ensure compliance with maintenance requirements.
- Review reports of any incident in which the AED is
used.
The School Nurse will:
- Complete and document monthly checks of the device.
- Notify local emergency dispatch and EMS as to the
availability, location and type of AED available.
- Order replacement supplies as needed.
- Work with the Physician Director and training agent to
insure a sufficient number of school employees are training to use the
AED. Track which employees have been certified and when
re-certification is needed.
- Orient as many staff as possible to increase awareness
of this device.
Full self-testing including interactive portion will be done monthly,
after each use, whenever the battery is replaced, and whenever there is a
possibility the AED may have tampered with or sustained damage.
Individuals using the AED should fill out use form with the school nurse and return
it to the school nurse on the next working day. She will route it to the
Physician Director for evaluation. This will also alert the school nurse
to the need to perform self-testing on the equipment and to replace any
supplies that were used.
Adopted: March 13, 2006
Revised: March 14, 2017
GBG
POLITICAL ACTIVITIES OF THE
SCHOOL DISTRICT EMPLOYEE
The school board recognizes that employees of the district have the same fundamental civic responsibilities and privileges as other citizens. Among these are campaigning (running) for elective public office and holding an elective or appointive public office.
An employee who intends to campaign (run) for an elective public office must inform the superintendent by submitting a letter of intent. An employee who has been elected to a public office will be granted political leave in compliance with SDCL 13-43-15.1.
An employee who has been appointed to a public office or has an opportunity to work in a political activity, will apply in writing to the superintendent for such leave and will discuss with the superintendent the terms and conditions of continued employment.
At the next regular board meeting, after receiving the letter of intent or written application, the superintendent will present a recommendation to the board for consideration of whether or not the activity proposed by the employee is compatible with the time requirements for fulfilling the employee’s responsibilities to the district.
Within ten (10) days of the superintendent’s recommendation to the board, the board will provide the employee with a written answer to the request, including salary arrangements. This will take place at least five (5) days before any public announcement of such political activity is made by the employee.
No employee will use school system facilities, equipment, or supplies for campaigning, nor will the employee use any time during the working day for campaigning purposes.
If on political leave, the employee will be able to return to a position within the district when the political activity ceases.
Legal Ref: SDCL 13-43-15.1
Adopted: December 12, 2006
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GCDB Exhibit (1)
NONCRIMINAL JUSTICE APPLICANT'S PRIVACY RIGHTS
As an applicant who is the subject of a national (FBI) fingerprint-based criminal history record check for a noncriminal justice purpose (such as an application for employment), you have certain rights which are discussed below.
- You must be provided written notification that your fingerprints will be used to check the criminal history records of the FBI.
- You, must be provided, and acknowledge receipt of, an adequate Privacy Act
· Statement when you submit your fingerprints and associated personal information. This Privacy Act Statement should explain the authority for collecting your information and how your information will be used, retained, and shared (2)
- If the FBI criminal background check reveals that you have a criminal history record, the officials making a determination of your suitability for the employment must provide you the opportunity to complete or challenge the accuracy of the information in the record.
- The officials must advise you that the procedures for obtaining a change, correction, or update of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFRL Section 16.34.
You
have the right to expect that officials receiving the results of the criminal
history record check will use it only for authorized purposes and will not
retain or disseminate it in violation of federal statute, regulation or
executive order, or rule, procedure or standard established by the National
Crime Prevention and Privacy Compact Council. (3)
FBI rules prohibit the District from providing you a copy of the FBI record. You may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at https://www.fbi.gov/services/ciis/identity-history-summarychecks.
If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI. Alternatively, you may send your challenge directly to the FBI. The FBI then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency. (See 28 CFR 1600 through 16.34,)
(l ) Written notification includes electronic notification, but excludes oral notification.
(2)
https://www.fbi.gov/services/cjis/compact-council/urivacy-act-statement
(3) see 5 USC. 552a(b); 28 U.S.C. 534(b); 42 U.S.C 14616, Article IV(c); 28 CFR
20.21 20.33(d) and 906.2(d)
Adopted: October 2017
There
are no Lead-Deadwood School District policies in Section H that have been approved
by the Lead-Deadwood Board of Education.
SECTION I:
INSTRUCTION
Below is listing of Lead-Deadwood
School District policies in Section I that have been approved by the
Lead-Deadwood Board of
Education.
IB
ACADEMIC FREEDOM
Public education in a pluralistic society must strive to present, as objectively as possible, varied events, activities and perceptions reflected in history, literature and other sources of humanity’s thought and expression. A major goal of education in a free society is to develop persons who can think critically, understand their culture, live compassionately with others, make sound decisions and live with the consequences of their judgment.
Because points of view differ and biases exist, students must have access to materials which express this diversity of perspective. In order to effectively implement such programs and policies, it is the responsibility of teachers to make certain that access to materials presenting diverse perspectives is available. Teachers should take into account the relative maturity of their students and the need for guidance and help in studying issues and arriving at balanced views. All instruction conforms to adopted courses of study. The principle of academic freedom presupposes intellectual honesty on the part of the person who exercises it and that they can and will discriminate among facts relating to an issue. In expressing a personal opinion, a teacher makes it known to students that the view is their own and does not attempt to bring students to a commitment to that personal viewpoint.
Adopted: July 10, 2007
Revised: April 11, 2017
IF
CURRICULUM DEVELOPMENT
SUPERINTENDENT AND THE CURRICULUM
The Superintendent will be responsible for curriculum development for the
school system, working with administrative and professional staffs. The
Superintendent will set up such school curriculum committees for the study of
curriculum improvements, including the selection of new instructional
materials, as found necessary and desirable.
Adopted: May 1989
Revised: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM DEVELOPMENT
- Program Development
The primary purpose of the Board is to provide an instructional program that
fulfills the documented needs of the students served within the District.
To this end, the Board shall maintain a system for operating the educational
program in the most efficient and effective manner possible.
The Board recognizes that the educational goals of School District 40-1
can best be attained through instructional approaches as diverse as students’
needs within a pluralistic society. Therefore, the Board endorses the
development of educational programs through the cooperative efforts of educators,
parents, pupils and community representatives.
The Curriculum Committee serves as an advisory group to the Superintendent/
Principal on matters of Curriculum Development and program improvement.
The Board also encourages and supports the certified staff in its efforts
to evaluate present programs, investigate new curricular ideas and develop and
improve programs.
B. Establishing the
Educational Program and Making Changes
The
Board believes that in a constantly changing world, an up-to-date and effective
curriculum is necessary and that a dynamic instructional program requires
ongoing review of the curriculum and courses of study.
It is the policy of the Board that no course of study shall be eliminated
or new courses be added without approval of the Board; nor shall any major
alteration or reduction of a course of study be made without such approval.
It is imperative that new courses be carefully planned, adequately
financed and submitted with ample time for review and budgeting. Written
proposals for new courses must include detailed rationale, objectives and
supporting competency statements. Proposals to delete an existing course
must be supported by a written rational and explanation of whether competencies
taught in the course will be dropped or absorbed by other courses.
The Board opposes changes or withdrawals of school curriculum or materials
during the school year as a response to public or private pressure, especially
when such pressure is exerted outside the established policy-making
structure. The Board recognizes that elective courses may be dropped for
a given term by the administration for such reasons as low enrollment or lack
of a qualified staff person to teach the course. Such dropping of a
course does not require the approval of the Board. The Board also
authorizes approved curriculum development work during summer months within an
approved budget.
C. Involvement
The
Board supports the fullest possible public participation in the process of
determining its educational program and in selected instructional
materials. The advice and involvement of staff, parents and students
shall be sought and utilized through the curriculum committee, parent advisory
committees, surveys and public informational meetings.
D. Role of the Board
With
the assistance of the professional staff and others as appropriate, the Board
will adopt the educational program offerings and determine if the educational
program policies achieve the desired results through appropriate assessment and
test results.
E. Role of the
Administration
To
fulfill the goals of the educational program policy, the Superintendent will do
the following:
- The Superintendent will keep the Board informed and
knowledgeable about all aspects of the curriculum so that it can establish
policy for the instructional program and provide the resources necessary
to implement the program.
- The Superintendent will help the community become
knowledgeable about the educational program provided by the District.
- The Superintendent will develop a District short and
long-range educational plan for approval by the Board.
The Superintendent is accountable to the Board for the following
procedures which will be updated each year.
- Needs Assessment: The District staff will
identify weaknesses and omissions in the curriculum. Testing and
other necessary assessment data will be compiled and utilized by resource
persons and committees as a basis for planning and decision making.
- Strategies: The district staff will establish
specific objectives and strategies to overcome each identified weakness and
omission.
- Implementation: The District staff will
demonstrate how the specific strategies to overcome each weakness and
omission have been implemented.
- Evaluation: A part of the District plan
identified in (1) above will include a procedure for evaluating the
effectiveness of the curriculum in achieving the school system’s goals.
F. Evaluation and
Reporting
It shall
be the responsibility of the Superintendent to report periodically to the Board
on the progress the District is making towards the attainment of its
educational goals. An end-of-school year report shall be presented to the
Board.
Adopted: May 1989
Revised: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM EVALUATION
1. Each area of the
curriculum will be evaluated at least once every five years with the results of
the evaluation and recommendation(s) submitted to the Board of Education for
any necessary action. (See Policy IF-R(3), Curriculum Review Cycle.)
2. The curriculum areas
are defined as follows: Fine Arts, Language Arts, Mathematics, Physical
Education, Science, Social Studies, Special Areas, and Vocational Education.
3. The administration
shall cause the evaluation to be conducted. The evaluation shall be
performed by a Subject Area Committee with potential members selected from
affected: (a) administrators, (b) teachers, (c) students, (d) lay
representatives and (e) consultants as needed.
4. The evaluation and
recommendations shall be based on criteria which identifies current performance
standards of our school, performance standards of like schools, current trends
in that educational field and expected future performance.
5. Interim studies and
proposals may be requested by any person to the administration.
6. The administration,
with or without the use of an ad hoc committee, shall evaluate the request,
report back to the individual making the request and the Board of Education,
with recommendations.
Adopted: February 10, 1997
Revised: March 13, 2006
Revised: April 11, 2017
CURRICULUM REVIEW CYCLE
South Dakota Standards Revision and Adoption Timeline
Adopted by State Board of Education Nov. 29, 2010
A major function of the CSIC is to develop a sequence and review cycle for
district-wide curriculum development. Here is the cycle:
Adopted Curriculum Review Cycle
|
|
State Adoption Year |
District Review Year |
Budget Year |
|
English Language Arts |
Summer 2010 |
2012-2013 |
14 |
|
Mathematics |
Fall 2010 |
2012-2013 |
15 |
|
Fine Arts/PE/Health |
Summer 2012 |
2013-2014 |
14 |
|
Science/Technology |
Summer 2014 |
2014-2015 |
15 |
|
Social Studies |
Summer 2015 |
2015-2016 |
16 |
The review of a particular discipline should be done by a team of
teachers representing the subject area a minimum of 1 or 2 teachers from each
level (K-5 6-8 and 9-12) plus one administrator for core subjects and a minimum
of one instructor from each building (elementary, middle, and high). The
bulk of the work should be done in the summer and outside of the school day,
preferably the first week or two following the end of the school year.
The department chair and subject area teachers will complete a curriculum guide
during this time that includes a scope and sequence for the program; clear
standards alignment; goals of the program; student objectives of the program;
authentic tasks to be used; content review and selection, curriculum curation,
and assessment methods. There should then be meetings held quarterly
throughout the next school year, at which time the department chair will make
the curriculum guide available to all staff in that discipline for input as
well as reviewing and selecting materials that fit the curriculum.
Each content area is systematically reviewed according to our district’s
Curriculum Review Schedule, set and adopted by the CSIC and aligned with the
South Dakota Department of Education’s standards review cycle. The
curriculum review for each content area takes place over the course of 2 years
and is conducted by the department chair and a team of teachers who represent
all stakeholder groups. The information below is a general outline that
guides the work of each curriculum review team.
YEARS 1: Research, Development and Evaluation
- Identify goals to be accomplished throughout the
curriculum review process and create an action plan to accomplish those
goals.
- Study trends and issues in the content area through
review of research, professional reading, site visits, PLC team work,
workshops/conferences, etc.
- Analyze national, state, and district standards and
benchmarks; where applicable the CCSS.
- Analyze the district’s student performance data on
state, district, and classroom.
Assessments include SDAP, NWEA, DSTEP, and other standards based
assessments
- Create frameworks of K-12 curriculum that clearly
identify the content that must be addressed in each grade level/course.
- Identify and develop when necessary formative and
summative assessments that address expected outcomes.
- Identify “best practice” instructional strategies.
- Identify and order resources that support the
curriculum frameworks, instructional strategies, and assessments.
- Identify professional development needed to effectively
implement the curriculum frameworks, instructional strategies,
assessments, and resources.
- Plan for professional development and implementation.
- Periodically present findings/recommendations to
administrators, content area staff, and district committees; gather
feedback and make adjustments as necessary.
YEARS 2: Implementation and Evaluation of Curriculum
- Review/update goals and strategies of the school
improvement plan.
- Provide professional development for the curriculum
frameworks, instructional strategies, assessments, and resources.
- Implement curriculum frameworks, instructional
strategies, assessments, and resources.
- Evaluate the effectiveness of implementation and make
adjustments as necessary.
- Evaluate the curriculum review process.
- Gather feedback and make adjustments as necessary.
How do you implement a standard curriculum?
- Ensure the curriculum is in line with what you expect
students to know.
- Ensure that instruction is effective.
- Monitor and assess in the classroom to see if
instruction is effective and if all students are getting it.
- Put the right staff development plan into place to
promote curriculum, instruction and assessment.
Adopted: March 13, 2006
Revised: July 12, 2011
Revised: March 12, 2013
Revised: April 11, 2017
IFD
CURRICULUM COORDINATION AND
DEVELOPMENT
Curriculum coordination and development:
A. Teachers will be expected to
serve on committees during the regular school year. These committees may
include some of the following:
1. Horizontal committees:
Teachers from a particular grade level will meet to discuss ways and means of
improving the instructional program.
2. In-service workshops:
These may be conducted by specialists in a particular subject area and may be
in August or at other designed times.
3. Textbook adoption
committees.
4. Orientation committee:
This committee will assist in collecting materials and organizing procedures
aiding the adjustment of new students and faculty members.
B. Selected members of the
staff may be hired to work on curriculum, library or other projects during the
summer if they so desire and if funds are available.
Adopted: 1976
Revised: February 10, 1997
Revised: March 13, 2006
IGBD-R-4
OUT-OF-SEASON CONTACT RULES
The Lead-Deadwood School District will adhere to all SDHSAA rules and
regulations pertaining to student-athlete contact time. In addition,
there will be no organized contact, including practice or competitions or open
gyms or camps in the Lead-Deadwood School District the following dates:
- December 23-27
- July 1-7
- The first full week after the State Track Meet
- Upon completion of each sport, there will be a one
month dead time for that sport.
The administration at Lead-Deadwood High School may make exceptions to
the rules if circumstances warrant.
Adopted: May 10, 2016
South Dakota High School
Activities Association
Regulations on Student & Coach Participation
Specific to the Regular-Season & Out-of-Season Time Periods
In-and Out-Of-Season
Regulations & Participation Limitations
Allowable Activities for Coaches and Athletes Grades 9-12
ARE STUDENTS ALLOWED TO
PARTICIPATE IN?
|
|
CLINICS |
CAMPS |
NON-SDHSAA LEAGUES, GAMES or TOURNEYS |
PRACTICE |
ALL-STAR EVENTS |
CLUB TEAMS |
PRIVATE LESSONS |
|
Aug 1 to |
YES |
YES |
YES |
YES |
NO |
YES |
YES |
|
Sport Season Begins to |
YES |
NO |
NO |
YES |
NO |
NO |
YES |
|
Sport Season Ends to Midnight, May 28th |
YES |
YES |
YES |
YES |
SENIORS ONLY |
YES |
YES |
|
MAY 28TH through July 31st |
YES |
YES |
YES |
YES |
YES |
YES |
YES |
ARE COACHES ALLOWED TO PARTICIPATE IN?
|
|
CLINICS |
CAMPS |
NON- SDHSAA LEAGUES, GAMES or TOURNEYS |
PRACTIVE |
ALL-STAR EVENTS |
CLUB TEAMS |
PRIVATE LESSONS |
|
Aug 1 to Sport Season Begins |
YES |
NO |
NO |
NO |
NO |
NO |
NO |
|
Sport Season Begins to Sport Season Ends |
YES |
NO |
NO |
YES |
NO |
NO |
YES |
|
Sport Season Ends to Midnight, May 28th |
YES |
NO |
NO |
NO |
NO |
LIMITED |
NO |
|
May 28th through July 31st |
YES |
LIMITED |
LIMITED |
YES |
YES |
YES |
YES |
Yes = UNLIMITED
PARTICIPATION ALLOWED
LIMITED = LIMITED BY RULE DEFINITION AS COVERED IN NEXT SECTION
NO = NO PARTICIPATION ALLOWED
SDHSAA IN- AND OUT-OF-SEASON CHANGES FOR 2015-16 SCHOOL YEAR:
- This Handbook
Section. This entire handbook section has been revised
editorially by the SDHSAA Executive Staff under guidance of the
newly-formed SDHSAA In- and Out-of-Season Advisory Committee. While
the majority of key content from previous years remains, the order in
which information is presented has changed to hopefully provide a more
usable document for coaches and administrators alike. For any
questions regarding these changes, please feel free to contact John
Krogstrand or Jo Auch at the SDHSAA Office.
- National Events. Students who have an
opportunity to participate in in-season National Governing Body, National
Team or other National-Level Events can now apply to do so without
restriction or loss of eligibility provided prior notification is given to
the SDHSAA Office and SDHSAA Office Approval is granted. Interested
Athletes should contact their Athletic Director to reach out to the SDHSAA
Executive Staff for appropriate paperwork to be filed.
- Individual Sports and
Team Membership. Students in 7th and 8th Grades who are looking to
participate in cross country, golf, gymnastics, tennis, track and field or
wrestling are now also subject to the “Eligible for sub-state and state
competition’ join date and participation information as stated in
“Definition of Student and Team Membership, Item D” later in this
section. This restriction is to prevent athletes in “individual
sports” from participating for a non-school sponsored team for the bulk of
the school season, only to join the squad late in the year and possibly
displace student-participants who have been active for the entire
season. Participants in “team sports” or those who are participating
on junior high/middle school sponsored teams are not affected by this rule
change.
- Penalty, In-Season
Membership Rule. The following amended penalty structure for violations
of the “In-Season, Team-Membership Rule” as stated in “Definition of
Student and Team Membership, Items B&C” later in this section of the
Athletic Handbook:
For violations of the “In- Season Team-Membership Rule,”
the following penalty structure exists:
First Violation—violating athletes will be suspended for 25% of that season’s
regularly scheduled varsity contests.
Second Violation—violating athletes will be suspended for the duration of that
sport’s season
The 25% figure as noted in the first violation would include suspensions and
forfeitures as follows:
- If the violation is discovered before any contests have
been completed, the student simply is suspended for the next one-quarter
of that season’s regularly-scheduled varsity-level contests (or time
duration of such contests), to include post-season games if necessary to
fulfill the one-quarter season length requirement.
- If the violation is discovered after contests have been
played with an athlete who was ineligible due to violation, those contests
played from date when the violation occurred through the date of discovery
shall be forfeited.
- If season is concluded when an in-season violation is discovered,
the final one-quarter of contests of that completed season will be
forfeited.
- Funds, Team Usage.
An
update to language was provided to allow schools to use school-supervised
or maintained accounts to hold funds for summer camp or out-of-season
league participation. Schools can now “hold” or be a “pass through”
for money that is fundraised by teams/athletes/programs for use in paying
for camps, clinics or other expenses; however, no general school-fund
dollars may be used for these items.
·
Amateurism. The monetary, retail value of awards that SDHSAA
Student-Athletes can receive for participation in an out-of-season event, or as
an award for an event in-season, is now $300 (up from $75).
DEFINITION OF TERMS AND RESTRICTIONS ON COACHES AND ATHLETES:
- Definition of Student
and Team Membership
- For the purposes of this chart and section of the
SDHSAA Handbook, a student shall be defined as any individual who is
enrolled, has enrolled or will potentially be enrolled at an SDHSAA member
High School
- It is the philosophy of the SDHSAA that when a student
elects to be a member of a high school team, that student’s loyalty and
allegiance shall be directed to the school and to the team of which said
student is a member, and therefore participation in non-school activities
is limited during the sports season for students.
- Chapter II, Part I, Section Seven of the SDHSAA
Constitution and By-Laws specifically states that: “A student who is a
member of a high school team may not participate in games, practice,
tryouts, etc., in that particular sport during the same season or an
independent or non-high school team or as a member of any “All-Star” team,
or completely unattached on an individual basis.
- A high school student becomes a member of a school
athletic squad when the student first participates in a practice session.
- A 7th-8th grade student becomes a member of a school
athletic squad once they have suited up for a high school contest (grades
9-12) regardless whether they actually play or not.
- Team membership ceases for the season at one of the
following times:
- The athlete’s membership on the squad is terminated by
action including, but not limited to: being cut, quitting the team, school
action or other individual decision
- Participation in a non-high school team event in the
same sport during that specific sport season (i.e.: AAU Basketball
Tournament during School’s basketball season; athlete loses team
membership status)
- Team is eliminated from further post-season competition
- The student ceases to be a squad member when membership
on a squad is terminated or after the final state championship event
(district, region, state) for that classification in that sport.
- Violation of the above-listed team-membership rule, or
any other action by a student wherein their team membership ceases causes
the student to become subject to the following penalty structure:
- First Violation—violating athletes will be suspended
for 25% of that season’s regularly scheduled varsity contests
- Second Violation--violating athletes will be suspended
for the duration of that sport’s season
- The 25% figure as noted in the first violation would
include suspensions and forfeitures as follows:
- If the violation is discovered before any contests have
been completed, the student simply is suspended for the next one-quarter of
that season’s regularly-scheduled varsity-level contests (or time duration
of such contests), to include post season games if necessary to fulfill
the one-quarter season length requirement.
- If the violation is discovered after contests have been
played with an athlete who was ineligible due to violation, those contests
played from date when the violation occurred through the date of discovery
shall be forfeited.
- If season is concluded when an in-season violation is
discovered, the final one-quarter of contests of that completed season
will be forfeited.
- To be eligible for sub-state and state competition, a
student must be a member of that school’s team no later than the fourth
Monday from the official start of that sport season.
- Membership defined: A student must:
- Be practicing with the high school team
- Be on the school’s master eligibility list; and
- Be under the bylaws for the SDHSAA
- Exception: At the member school’s discretion, students
may be allowed to join a team after the fourth Monday from the official
start of that sport season and be fully eligible for regular season and
post-season competition if they meet any of the three conditions below:
- Transfer students who become eligible in their new
school
- Students, who are participating in another sport and
wish to drop that sport and participate in a second sport during the same
sport season, provided they have not delayed their membership in order to
gain a competitive advantage.
- Student who joins a team after the fourth Monday from
the official start of the sport season and have not participated in the
same sport:
- On a non-school team or as an individual competitor; or
- In a camp or clinic; or
- Received private instruction in that sport during the
high school season.
- Students who join a team after the fourth Monday from
the official start of the season are eligible only for the regular season
(not post-season) if they have participated in the same sport:
- On a non-school team or as an individual competitor, or
- In a camp or clinic; or
- Received private instruction in that sport during the
high school season.
- Students affected by this rule include:
- For the sports of cross country, golf, gymnastics,
tennis, track and field or wrestling, students in grades seven through
twelve are subject to this rule, regardless of level of participation on
the high school level.
- For all other sports governed by the SDHSAA, this rules
shall only apply to:
- Students in grades nine through twelve, and
- Students in grades seven and eight who have become
“team members” by suiting up for a high school contest, regardless of
whether or not they actually play, as stated earlier in this Definitions
Section, Item I-b-iii.
- Rules affecting student participation refer to all
students, grades nine through twelve
- Students in grades seven or eight are allowed to
participate on a high school team provided they meet the eligibility
standards and pass a physical exam.
- Seventh and Eighth grade students may participate
simultaneously on a high school team and seventh and eighth grade teams
during the same sports seasons
- Once a seventh or eighth grade student becomes a member
of a high school team, that student may not participate on a non-school
team in that sport on an unattached basis and retain their school
eligibility. The In-Season Rule set forth in Chapter II, Part I,
Section Seven of the SDHSAA Constitution and By-Laws is applicable to such
students once they join the high school team.
- For clarification purposes, once a seventh or eighth grade
student joins a high school team, all SDHSAA rules and regulations,
including the rules in this section, apply to that student. A
seventh or eighth grade student is considered part of the high school team
once they have suited up for a contest at the high school level,
regardless of whether or not they actually play in that contest.
- Students sixth grade and below shall not participate
on, practice with or compete against a high school team, which includes
any team with students who are currently in grades nine through twelve.
- The grade level of the student shall be determined by
the grade a student is currently enrolled in, or after the completion of
the school year, the grade in which that student will participate in
during the next school year.
- Definition of Coach
- For the purposes of this chart and section of the
SDHSAA Handbook, a coach shall be defined as any person contracted to
coach a sport at any grade level Kindergarten through twelve, or any
volunteer who has been approved to help coach a sport, including positions
that are filled on an annual basis.
- Athletic Directors are also to be considered as a
‘coach,’ even if they are not specifically assigned duties as a
traditional coach.
- Contracted or approved volunteer coaches shall remain
considered a ‘coach’ for a period of fifteen months, including at a
minimum:
- The three summer months immediately prior to the school
year or which that individual coach is contracted to work
- The nine months of the school year for which that
individual coach is contracted to work
- The three summer months immediately following the
school year for which that individual coach is contracted to work
- Definition of “Season”
Time Periods
- The Regular Season for varsity level
competition is defined as that period of time starting with the first
allowable practice and ending the day prior to the beginning of the
championship series of district-region-state tournaments or meets.
Games for squads below varsity level may be scheduled up to and including
the Saturday of the state tournament/meet for their classification.
Game limitations apply to sub-varsity squads as well as varsity squads.
- The In-Season Time Period is defined
as that period of time starting with the first allowable practice and
ending when a team or individual has been eliminated from further
competition during the championship series of district-region-state
tournaments or meets.
- The Out-of-Season Time Period is
defined as the period of time after a team or individual has been
eliminated from further competition during the championship series for a
given sport and continues until the first allowable date that the next
regular season may begin. For sub-varsity levels of competition, the
Out-of-Season Time Period begins the day following the last interscholastic
competition and continues until the first allowable date that the next
regular season may begin. The Out-of-Season Time Period also
includes the “Summer” time period (end of State Track Meet through July
31) as well as the time period between August 1 and the start of a given
sports season. Please also note the “summer moratorium” language in
item “IX’ on page 11 of this section.
- Camps and
Team/Individual Contacts
- Camps are defined as
planned activities that are of an instructional and/or competitive nature
where actual games are played by camp attendees. All camps must be
open to all anyone who wishes to voluntarily opt to attend. Two
types of camps include.
- Individual Camps
- Can be conducted for athletes in team or individual
sports
- Can be sponsored by coaches, member schools or
non-school entities
- Athletes from the same school are not kept together as
a team or unit
- Camp is opened to all interested participants,
regardless of school affiliation; cannot be exclusively advertised or
operated as being for a lone school’s athletes
- Camp can range from one to five days, wherein all days
of a camp must be consecutive
- Team Camps
- Athletes from the same school are specifically kept
together to participate as a unit with one another
- Camp can range from one to five days, wherein all days
must be consecutive.
- Individual or team
camps may be sponsored by non-member entities, member schools or coaches
of member schools provided the camp is scheduled to be held during the
time span from the day following the state track meet through midnight of
July 31.
- Team contacts are
defined as any contact a coach with his/her team of an instructional or
competitive nature that cannot be specifically classified as an
individual contact. Coaches are limited to a total of four such
team contacts, as defined in the “Four Contact Rule” section of this
document.
- Individual contacts are
defined as those instructional or competitive activities that can be
classified as an individual camp or private lesson. Such activities
do not count towards the “Four Contact Rule”.
- Coaches/member schools
may not conduct a team camp or an individual camp exclusively for their
own athletes during the out-of-season time period.
- Free camps are
permissible provided the camp is free to everyone.
- Students and Camps
- Students may attend as
many individual or team camps of their choosing during the out-of-season
time period on an unattached basis. As long as a school coaching
staff is not involved, camps attended by students do not count toward
the Four-Contact rule.
- Students may NOT
attend any individual or team camp during that given sport’s season once
the student has officially reported for membership on the high school
team.
- Coaches and Camps
- Coaches may not participate
in camps of any kind except during the Summer Time Period.
- During the summer time
period, a coaching staff is limited to a maximum of four contacts,
including team camps. For more information on those contacts,
please see “Four Contact Rule” under additional terms and definitions.
- Coaches may offer
unlimited individual camps during the summer Time Period, provided the
camp falls under the guidelines of an individual camp as listed above.
- Coaches hired by one
member school cannot coach teams from another member school at team
camps.
- Clinics
- Clinics are defined as
planned activities that are of an instructional, observational,
and/or demonstrational nature related to the teaching of
individual skills. Furthermore, clinics occur only when there is no
actual participation in competition by student athletes who are in
attendance at the event.
- While some events may
be marketed as “clinics” to schools and student athletes, any event where
participation by that individual SDHSAA athlete occurs cannot be defined
as a clinic by these rules and regulations.
- Students and Clinics
- Provided the above
conditions are met, students may participate in an unrestricted amount
of clinics at any time period.
- Coaches and Clinics
- The lone restriction
on coaches’ participation in clinics is that coaches simply cannot
conduct a clinic that is exclusively limited to participation to his or
her own school’s student athletes.
- Non-SDHSAA
Leagues/Games/Tournaments – As listed in chart.
- A “Game” is defined as
any contest that takes place between squads of multiple schools.
- Any subdivision of a
sport such as freestyle wrestling or three-on-three basketball is still considered
part of that particular sport, and therefore a game.
- An allowable League is
defined as a structured set of ‘games’ where games are played on a
maximum of one day per week for a period of multiple weeks. A
single league may involve both varsity and sub-varsity levels.
- A Tournament is defined
as any event wherein multiple ‘games’ take place but does not fit the
definition of a league. Tournament games are to be played on
consecutive days.
- Member schools may not
sponsor leagues, games or tournaments during the out-of-season time
period.
- Students and
Leagues/Games/Tournaments:
- Student Athletes may
participate in Non-SDHSAA Leagues, Games or Tournaments on an unlimited
basis, provided that the events are not taking place during the
specified SDHSAA Sport Season.
- Coaches and
League/Games/Tournaments:
- Coaches may coach
teams involved in out-of-season leagues, games or tournaments during the
Summer Time Period only. This coaching will count toward the “Four
Contact Rule” as stated later in this document.
- All-Star Events
- All-Star events are
defined as those events where participants are chosen by invitation or
selected outright by some predetermined process for a single event,
- All-Star events
will not be sanctioned by the SDHSAA, nor may SDHSAA Member Schools
themselves sponsor an All-Star event.
- Students and All-Star
Events
- Seniors who have
exhausted their eligibility and completed their final season with the
SDHSAA in a particular sport can participate in All-Star Games on an
unlimited basis, with no regard to date(s) of the event, number of
events or numbers of participants from a given school entity.
- All other student
athletes who have not yet exhausted their eligibility in a particular
sport may participate in all-star games during the summer time period
only (June 1 through July 31), provided no more than the following
number of students from one member school participate: basketball – 3,
cheer – 4, cross country – 3, dance – 5, 11-man football – 7, 9-man
football – 6, golf – 3, gymnastics – 3, soccer – 7, tennis – 3, track
and field – 3, volleyball – 4, and wrestling – 3.
- Coaches and All-Star
Events
- Coaches may only coach
for All-Star events during the Summer Time Period. This includes
that coaches cannot coach an All-Star event that takes place during the
school year, even if that coach does not have any of his or her own
athletes on the squad.
- Club Teams
- A Club Team is defined
as a team that plays a schedule of multiple events with one another, with
a minimum of three events. Members for this team are chosen by
invitation or selected outright by some predetermined process.
- Students and Club Teams
- Students may
participate on club teams on an unlimited basis outside of that sport’s
given season.
- During a specific
SDHSAA Sport Season, students may not participate on any level with a
club team. This participation includes a restriction on any/all
club team games, practices, try-outs or other like activities.
- Coaches and Club Teams
- Coaches may coach a
club team from the end of their individual sport season through July
31st given that the roster of that club team contains no more than the
following number of students from any member school: basketball – 3,
cheer – 4, cross country – 3, dance – 5, 11-man football – 7, 9-man
football – 6, golf – 3, gymnastics – 3, soccer – 7, tennis – 3, track
and field – 3, volleyball – 4, and wrestling – 3.
- Any team that has more
than that given number of athletes and is coached by a SDHSAA member
school coach during the Summer Time Period would be considered a “team
contact (see next section).”
- Private Lessons
- Private lessons are
defined as the teaching of fundamental skills and techniques of a
specific sport. Furthermore, private lessons are not to be competitive
in nature and therefore must be limited in the number of athletes
involved and the schools from which those athletes attend.
- The maximum number of
participating athletes in a private lesson at any one time is limited as
follows: basketball – 3, cheer – 4, cross country – 3, dance – 5, 11-man
football – 7, 9-man football – 6, golf – 3, gymnastics – 3, soccer – 7,
tennis – 3, track and field – 3, volleyball – 4, and wrestling – 3.
- Students and Private
Lessons
- Students may
participate in private lessons at any point during the school year,
except as prohibited by the maximum number of participating athletes.
- Students involved in
private lessons may not have any form of competition in that lesson,
including but not limited to, direct competition or drills with/against
students from another school.
- Coaches and Private
Lessons
- Coaches may only be
involved in private lesson instruction during their individual sport
season and the summer time periods.
- Coaches may receive
compensation for their services of providing private lessons
- Coaches may teach
fundamental skills to athletes outside of the given time boundaries only
if they are the employee of a club or non-profit entity operated
separately from the school.
- There is no
restriction on a coach being able to provide private lesson instruction
to his or her son or daughter at any time of the year.
ADDITIONAL TERMS AND DEFINITIONS REGARDING IN- AND OUT-OF- SEASON
ACTIVIITES
- Four Contact Rule
- During the Summer, Out-of-Season time period, a
coaching staff is limited to a maximum of four team
contacts/competitions/outings.
- Coaching staffs have the options in regard to their
four summer contacts:
- Up to four team camps/tournaments, or
- Up to two team camps/tournaments plus one league
- Non–SDHSAA Sanctioned
Sports and Activities
- Participation in an individual or team sport that is
not sponsored by the SDHSAA, e.g. bowling, racquetball, swimming, etc.,
during an SDHSAA sports season will not cause the athlete to lose his
or her eligibility in the SDHSAA sponsored sport that is in
progress.
- Any subdivision of a sport such as freestyle wrestling
or 3-on-3 basketball is still considered to be a SDHSAA sponsored sport.
- Coaches may participate with high school athletes in
leagues or recreational activities such as golf, tennis, pick-up games,
running, weight lifting, etc., but cannot participate on the same team as
high school athletes or organized sports leagues.
- In-Season Games,
Scrimmages or Practices
- Participation in SDHSAA Jamborees designed to train
sports officials is not prohibited.
- All scrimmages and practices between member schools are
prohibited, with the exceptions of:
- SDHSAA-approved Jamborees designed to train sports
officials, and
- Two or more gymnastics teams may bring their squads
together to conduct a joint practice or scrimmage.
- Games or practices between high school teams and/or
individuals and independent, club, alumni, college teams, or non-high
school aged individuals are also prohibited. This prohibition is
applicable to both individual and team sports.
- Teams who have been eliminated from state Championship
competition may continue to practice until the end of the season, defined
as the last day of that given sport’s State Tournament.
- Open Gyms/Open Road/Open
Field Policy
- Open Gyms conducted during the “Summer Time Period” do
not count as a team contact and may involve coaching assistance from
members of the school’s coaching staff. Restrictions remain in
place, however, for Open Gyms during any other point in time during the
school year.
- During any other timeframe, the following regulations
apply to open gyms/road/field, etc:
- Local school administration and board(s) are
responsible for the operation and enforcement of a local Open
Gym/Road/Field policy.
- Member schools may provide an open gym/field/road
activity for students, provided the following criteria are followed:
- Open Gyms are defined
as activities wherein a gymnasium, playing field or other school/public
facility is made available for all students for recreational purposes.
- Attendance at such an
event must be voluntary and open.
- Local school
administrators are responsible for developing policy to govern this
type of activity, including adherence to SDHSAA guidelines.
- Member schools may
furnish equipment related to the open gym activity, such as balls,
goals, standards, nets, mat, etc.
- The time, day and
location of the open gym event shall be made known to the student body
by the administration in a timely manner through a publicly accessible
avenue (announcements, bulletin board, school paper, school website,
etc.).
- Local policy may
dictate certain schedules by gender or grade level, but not activity or
sport.
- Participants must
furnish their own clothing.
- Supervision of the
open gym shall be subject to local policy, but must include that the
person in charge of supervision may be a high school coach, but he or
she not coach or instruct during the open gym session. This
restriction includes, but is not limited to, the teaching of
fundamentals of a specific sport.
- Awards, Gifts and
Financial Assistance for Student Athletes
- Student athletes in grades nine through twelve who
attend competitive events sponsored by non-school or non-SDHSAA entities
may accept the following items without loss of eligibility:
- Air and Ground Transportation
- Meals
- Lodging
- Student athletes may not accept any award or gift of
any kind from participating in an event or otherwise received whose value
exceeds $300.00 unless specific exception is granted by the SDHSAA Board
of Directors.
- Students may also not accept a monetary award or
anything of a pecuniary value as the result of a competitive event.
- During the out-of-season time period, students may
accept golf awards that exceed the SDHSAA Baard of Directors limitations,
provided those awards fall within the guidelines set for amateurs by the
United States Golf Association and Professional Golf Association.
- Students may receive awards from an event with the
understanding that the cost of such awards is included in the
admission/entry fee charged to participants in the event.
- Schools may use school-supervised or maintained
accounts to hold funds for summer camp or out-of-season league
participation. Schools can now “hold” or be a “pass through” for
money that is fundraised by teams/athletes/programs for use in paying for
camps, clinics or other expenses; however, no general school-fund dollars
may be used for these items.
- Additional Out-of-Season
Restrictions and Regulations as they pertain to Member Schools
- Use of Facilities:
It
is permissible for member schools to donate, rent or lease their
facilities for use by non-school entities, including coaches, during the
out-of-season time period in accordance with the rental/lease policy of
the local school board.
- Conditioning
Programs: Conditioning programs and similar offerings in a school
(weight lifting, conditioning drills, etc.) are permissible provided such
programs are open to anyone and everyone who wishes to participate.
If only athletes show up, after it has been announced that the program is
open to all, the program is legal and does not violate the out-of-season
rule. The coach may be present if he or she happens to be the person
in charge. However, the coach cannot use this opportunity to teach
athletes game or sport techniques, unless during the summer time period.
- Fees, Meals,
Lodging: Member schools and/or coaches of member schools may not
pay fees, meals, lodging or other expenses in behalf of student
athletes. Free camps are permissible provided the camp is free to
everyone. Fees, etc. may be paid by non-school entities such as a
booster club.
- Transportation: Member
schools may provide transportation to non-school entities and
coaches as per local school board policy. Coaches
may provide transportation to student athletes who choose to attend
individual camps only in those cases where the coach serves as an
instructor. The coach may also provide transportation to a team camp
if said coach is serving as the coach of the team.
- Equipment: Member schools may issue
equipment during the out-of-season time period to student athletes who are
attending camps, leagues, games and tournaments provided the local school
board has adopted a policy allowing equipment to be issued.
- Uniforms: Member schools
may issue team uniforms to the coaching staff for use in the four team
competition outings only. Uniforms are considered any clothing the
school is currently issuing, including but not limited to items such as
warm-ups, practice jerseys, etc.
- Fundraisers: Charitable
fund-raisers involving athletic competition may take place at the
discretion of the local administration as long as the event is sponsored
by a non-school entity. Coaching out-of-season guidelines are still
in effect. Faculty members may play against students in these
charity games. However, coaches hired by the school may not
coach high school students in such charity games held during the
out-of-season time period.
- Insurance: Because
camps/clinics are not sanctioned by the SDHSAA, the SDHSAA liability and
catastrophic insurance programs will not be in force during the
out-of-season time period. Member schools are encouraged to check
with their liability insurance carrier.
- National Championships
and National Governing Body or National Team/Event Participation
- The SDHSAA will not sanction any tournament, meet or
other contest that is intended to qualify for and/or determine a national
high school champion.
- Students, on an individual basis, who have an
opportunity to participate in events sponsored by or as part of
participation on a National Governing Body, Olympic Development, National
Team and/or National-Level Event may do so, provided advance notice is
given to the SDHSAA Executive Staff and prior approval is granted.
- Students wishing to file for this waiver should contact
their Athletic Director, who then must contact the SDHSAA Executive Staff
in advance of the event to receive appropriate paperwork to be filed for
application of this waiver.
ii. Once received, the SDHSAA Executive
Staff will review the event/opportunity in question and rule on whether or not
participation in the event will be allowed.
- Failure to complete steps one and two prior to the date
of the event will render the student subject to penalty as listed for a
violation of the In-Season Team Membership Rule in Item One – Definitions
– Section I, Item C earlier in this document.
- Restrictions on Coaches
during the School Year Period
- From August 1 through the State Track Meet, coaches may
only coach during their designated season and as allowed by this
section. The lone exceptions to that rule are as follows.
i. Gymnastics coaches may coach the skills
and techniques of the sport during the out-of-season period to any age/grade
students as either the owner of a private gymnastics club operated separately
from the school or as an employee of a privately owned gymnastics club operated
separately from the school, or as an employee of a non-profit organization operated
separately from the school. All other coaches cannot have contact with
their athletes during the school year other than during the defined regular
season. This would include private lessons and practice sessions.
ii. Coaches may plan and organize the four team
competitions/outings planned for the ensuing summer while the school year is in
progress. Coaches may organize and direct events, but may not coach their
team or individuals during the out-of-season time period during the school year
except as allowed for by this section.
- Summer Moratorium of
Activity
- From July 1 through July 7 annually, no contact may
take place between student-athletes and their coaches. This period
shall be known as the summer “moratorium.” This restriction on activity
includes any team contact, individual contact, private lesson, open gym or
other situation wherein coaches will interact with student-athletes in an
activity setting for any SDHSAA-Sanctioned Activity wherein coaching,
guidance or supervision is provided.
- Coaches must abstain from any activity with their
student-athletes during this time that could fall under the auspices as
previously listed in this section.
- Clarification One—Coaches cannot schedule any team
activity for their players, including camp participation, open gyms,
conditioning programs or outside entities providing instruction, during
the July 1 through July 7 moratorium period.
- Clarification Two—Coaches must make every attempt to
not participate in any situation that could fall under the definition as
listed previously in this section.
- Student-athletes may attend camps, clinics or programs
on their own accord, provided that no involvement of the school or school
personnel takes place.
- Clarification One—Student athletes should not
participate in any event organized by a member school during the
moratorium, including open gym/field/road events.
- Clarification Two—Students may continue to attend
non-member school affiliated events during the moratorium, including
strength/conditioning programs, individual camps or outside competitions.
- Football Contact
Limitations
- Beginning in the Summer
of 2016, Football teams are to be limited in the number of days in which
summer activity may involve the use of player pads. No more than
ten (10) calendar days of events including practice, camps or other
school scheduled activities may include the use of protective gear beyond
a helmet. Of those ten days, no more than five (5) may be consecutive.
- Football athletes may
participate in non-school affiliated activities (i.e. individual camp or
combine sponsored by an outside organization) beyond the ten-day
limit. The ten-day limitation is specific to activities planned,
supervised, or conducted by a member school.
IGBH
ALTERNATIVE INSTRUCTION
PROGRAMS
- Excuse from
School. State law requires that children of compulsory school age
(at least six (6) years old by the first day of September and not yet
eighteen (18) years old) must regularly attend some public or nonpublic
school for the entire term during which the public school in the district
where the parent or guardian resides or the school to which the child is
assigned to attend, is in session unless excused from school attendance by
the school board. A child will be excused from school attendance if
the child is provided with alternative instruction, as in the public
schools, in the basic skills of language arts and mathematics.
Parents or guardians of a student of compulsory school age who wish their
child to attend an alternative educational program must complete the SDCL
13-27-3 APPLICATION FOR PUBLIC SCHOOL EXEMPTION CERTIFICATE REQUEST and submit
it to the Lead-Deadwood Board of Education. The parent or guardian must
provide the school with a certified copy of the child’s birth certificate
within thirty (30) days of the initial excuse. The request for the
reasons set forth in SDCL 13-27-2 and issue a certificate to the parents or
guardian. Requests are to be made and new certificates issued on an
annual basis. A permanent record of all certificates or excuse shall be
kept in the office of the superintendent and copies forwarded to the office of
the secretary of the Department of Education at the time of issuance.
- Academic Achievement
Test. Students
in grades four (4), eight (8), and eleven (11) enrolled in an alternative
educational program shall take a nationally standardized achievement test
of the basic skills.
C. Re-enrollment in School
1. Elementary and Middle School Students. Students of
compulsory school age who transfer into the Lead-Deadwood School District from
an unaccredited school in another state or country or from an alternative
instruction program under SDCL 13-27-3 will be tentatively placed at the
child’s grade level program recommended by their transcript or report
card. If no transcript or report card exists, the child will be placed at
the grade level warranted by the child’s age; assuming entry into the first
grade at age six (by the first day of September) and annual grade placement
thereafter. If the parent or teacher feels the age-appropriate grade
level placement is inappropriate, then achievement testing to assist in
evaluating grade placement may be requested. The child’s academic
achievement, physical size, maturity and social development may all be
considered in evaluating grade level placement. The child’s placement may
not be in a grade level higher than warranted by the child’s chronological age
assuming entry into the first grade at age six and annual grade advancement
thereafter. After initial placement the child may be advanced according
to his demonstrated performance. All grade placements will be determined
by the building principal. Any parent or guardian who is dissatisfied
with the second placement of the child may appeal it to the secretary of the
Department of Education.
- Secondary Students. Students in grades 9-12 who
transfer in to the Lead-Deadwood School District from unaccredited schools
in another state or country or from an alternative instruction program
under SDCL 13-27-3 will be tentatively placed in English and math at the
level of achievement demonstrated by one or two standardized tests.
In all other subjects the student will be tentatively placed within the
subjects and grade level recommended by their transcript, report card, or
in the case of home schooled students, self reports from the parents.
The child’s placement may not be in a grade level higher than warranted by
the child’s chronological age assuming entry into the first grade at age
six and annual grade advancement thereafter. After initial placement
the child may be advanced according to his demonstrated performance.
Any parent or guardian who is dissatisfied with the second placement of
the child may appeal it to the secretary of the Department of Education.
The testing will be done at a date and time determined by the school district.
- Awarding of
Credits. The awarding of credits toward meeting the
Lead-Deadwood High School diploma requirements for academic work completed
within an unaccredited school in another state or country or from an
alternative instruction program under SDCL 13-27-3 shall be based upon the
following criteria:
- Students can earn credit by proving mastery obtaining
85% proficiency on the State Department of Education developed
end-of-course exams (EOC), or local assessments developed by the District
for courses not assessed by an EOC. Testing is mandatory to receive
credit. The tests can be taken previously in the prior setting.
There also needs to be proof of the scope and sequence of curriculum and
the standards addressed in courses.
- Attendance records are not necessary in determining
credit.
- Grades for these courses will be indicated by a “P” on
the transcript and will not be included in the Grade Point Average or
class rank.
- The current LDHS policy requiring a minimum of six (6)
semesters to be completed at LDHS to be Valedictorian and Salutatorian and
to be in the class rankings will continue.
- There will be a notation on the transcript that these
grades were transferred in from a non-accredited setting and earned
differently.
- There will be no credit for Science lab courses without
documented lab experiences parallel to what the school offers.
- Credits for classes not offered at the school will only
be issued with administrative approval. There also needs to be proof
of the scope and sequence of curriculum and the standards addressed in
courses. The Principal determines whether or not credit is
issued. Appeals of Principal’s decision to the Superintendent of
Schools – then the School Board.
E. Graduation.
A student whose previous high school enrollment has been in a
non-accredited school or in alternative instruction may receive a high school
diploma from the Lead-Deadwood Schools only if that student has met all
graduation requirements and has been enrolled as a full-time student in the
high school for the last two (2) consecutive semesters.
F. Loan of
Textbooks. Under provisions of SDCL 13-34-23 the Board shall
loan, without charge, textbooks to all persons age five (5) through nineteen
(19) who reside within the school district or who have been excused by action
of the School Board to attend an alternative educational program within the
school district. The textbooks provided under this policy shall be the
same textbooks adopted and approved by the School Board and used by enrolled
students. Teacher manuals will not be provided.
G. Academic Instructional
Classes: Alternative education students may enroll in any
academic instructional classes.
H. Appeals of
Decisions. Any parent, guardian, or eighteen (18) year old
student dissatisfied with the placement of a student or a credit determination
may appeal to the superintendent of schools. The parent or guardian, if
dissatisfied with the decision of the superintendent, may appeal to the Secretary
of the Department of Education.
- Activities
Programs. Alternative education students from within the district
may participate in Lead-Deadwood School programs and activities observing
all Lead-Deadwood, State, and South Dakota High School Activities Association
policies, rules, regulations, and laws during time of participation.
Middle School students will adhere to the same policies, rules,
regulations, and laws which apply to high school students. Home
school students from outside of the Lead-Deadwood School District may not
open enroll for the purpose of participating in district sanctioned
activities. Home school students from within the Lead-Deadwood
School District may participate in the music curriculum classes offered
during the school day or offered as an extension of a music class.
Legal Reference: SDCL
13-27-1
SDCL 13-27-2
SDCL 13-27-3
SDCL 13-27-3.1
SDCL 13-27-3.2
SDCL 13-27-3.3
SDCL 13-27-9
SDCL 13-27-20
SDCL 13-27-39
SDCL 13-24-23
Adopted: June 10, 1991
Revised: February 10, 1997
Revised: August 10, 2004
Revised: February 14, 2006
Revised: July 14, 2009
Revised: April 11, 2017
IGD-R-1
SCHOOL ACTIVITIES
School activities are to be conducted in school facilities. The
school can sponsor dances and other activities of recognized school clubs and
organizations outside of school facilities through administrative approval.
Revised: February 10, 1997
Revised: April 11, 2017
IGD-R-2
CO-CURRICULAR ACTIVITIES
The Board of Education shall be the final authority in granting approval
for participation in co-curricular activities. All SDHSAA rules and
regulations must be met.
Co-Curricular activities which meet the following criteria shall be
referred to the Board of Education for their approval of participation in that
particular activity.
A. Activities In-State
- Any around trip that is in excess of 600 miles via the
shortest route.
- The administration will be responsible for approving
all other in-state activities.
B. Activities
Out-of-State
- The activity must be sanctioned by the host state’s
activities association as well as the SDHSAA.
Revised: February 10, 1997
Revised: April 11, 2017
IGD-R-3
EXTRA-CURRICULAR ELIGIBILITY REQUIREMENTS
High School:
To be eligible to participate in
extra-curricular activities at
All activities are subject to the eligibility
rule, including all SDHSAA activities, NFL speech, club sports. Within
activities of band and vocal music, students will be eligible to participate in
local concerts and performances during their ineligibility suspension. (Those
concerts and performances are considered part of the curriculum. This does not
include contests and other extra-curricular performances.)
Middle
School:
All Middle School students will be eligible
at the beginning of each school year. With that in mind, grades would be
checked during each midterm and at the end of each quarter. Middle School
students must be passing all classes to be eligible for activities. Grades
checked during Midterm would be treated the same way they are after each
quarter. Those students who have failed one or more classes at midterm, or the
end of the quarter, will be able to practice, but not perform, travel, or
compete during a 2 week period. At the end of the 2 weeks, a grade check will
be done and all classes must have passing grades before the ineligible student
can participate in competition. Core and exploratory classes will all be
checked at midterm and quarter.
It is the coach’s, activities director’s and
instructor’s responsibility to communicate with the students bi-weekly
eligibility. The activity week will be defined from Wednesday to Wednesday.
Grade checks will be completed every other Wednesday on student participants
who failed one or more classes at midterm or the end of the quarter.
Approved: June 13, 2006
Revised: February 8, 2011
Revised: February 11, 2019
IGDB
ADDING NEW SPORTS/ACTIVITIES
–
CLUB ACTIVITIES
The Lead-Deadwood School Board recognizes that interests of students
change, and wishes to have programs flexible enough to meet those changing
needs and interests, when possible. As groups of students express
interest in extracurricular activities not officially supported by the
District, they are encouraged to form clubs. The Board may recognize
these club activities as being a part of the school’s program of education,
under the following conditions:
1. The club participants
and coaches/advisors will follow all rules and regulations of participation as
outlined by Board policy and administrative procedures.
2. The club will have its
advisors/coaches approved by the administration and accepted by the Board prior
to the onset of the club activity. Absences of school staff acting as
club advisors/ coaches may be approved as professional leave.
3. The club will retain
responsibility for raising funds for its activities, except as approved in
advance by the Board.
4. The District will
retain full control of all club activities which have resolved to be
representative of Lead-Deadwood School District, including the right to disband
a club.
5. Details of
participation, school representation, lettering, student absenteeism related to
club activities, use of facilities and other issues concerning club activities
will be determined by the administrative staff, in cooperation with club
representatives, and will be reduced to writing at the time the application is
made and finally approved.
6. Applications for club
status are available through the building principal.
SPORTS/CLUB ACTIVITIES APPLICATION FORM
Name of proposed sport/club activity:
Date of application:
Proposed Coaches/Sponsors/Advisors:
Description of Sport/Club Activities:
Describe funding sources and/or needs:
To be completed by Building Administrator:
Resolved policy issues with sport/club organizers on:
Applicants agree to abide by district policies and administrative
directives
Applicant
Signature
Date
Recommendation of building administrator
Approved:
Denied:
Date:
Referred to Superintendent on:
Superintendent:
Approved:
Denied:
Date:
Approved January 12, 2010
Revised: April 11, 2017
IGDA
SUNDAY/WEDNESDAY
CO-CURRICULAR PRACTICES
Practices on Wednesday evening and on Sunday should be avoided if at all
possible. The following should be the procedure when practicing on
Wednesday evening and Sunday.
Adopted: September 1967
Revised: February 10, 1997
Revised: April 11, 2017
SUNDAY/WEDNESDAY CO-CURRICULAR
PRACTICES
1. Wednesday Evening
High
School
a. All practices should b completed
and students out of the school building by 6:00 P.M. on Wednesday evenings.
Middle
School
- All practices should be
completed and students out of the school building by 5:00 p.m. on
Wednesday evenings.
II. Sunday
Practices
- Practices will not occur in school facilities on Sunday
morning or on Sunday evening.
- Practices may occur on Sunday afternoon in or on school
facilities if at least one (1) of the following conditions are met:
- The practice must be at
the varsity level team only. No Sunday practice for subvarsity or
middle school teams or programs.
- The practice may only
occur if there is a scheduled or rescheduled event on the next day
(Monday).
- The practice may occur
if the team is currently involved in State level competition (i.e.
football playoffs, district/region tournaments, etc.)
In addition, the ministerial association must be notified and permission
from the ministerial association must be granted for said practice to
occur. Contact with the ministerial association will be made by the
superintendent.
Revised: February 10, 1997
Revised: April 11, 2017
IGDB
STUDENT EXPRESSION
It shall be the policy of this school district to recognize and protect
the rights of student expression and to balance these rights with the interests
of an orderly and efficient educational process and of a school environment
suitable for the healthy growth and development of all students. This
policy will not be implemented on behalf of any other interests.
The school shall assume no responsibility for the contents of any written
material produced, posted, circulated or otherwise distributed or of student
conduct, taken in accordance with this policy, in so far as such matter or
conduct may be related to any interests other than those of an orderly and
efficient educational process and proper school environments.
Adopted: November 14, 1972
Revised: February 10, 1997
IGDB-R
PARENT INVOLVEMENT PLAN
The Lead-Deadwood School District wishes to strengthen partnerships
between parents/families and schools to better educate all children and to find
effective ways to gain buy-in from those who can truly benefit from
programming. Families contribute to all aspects of
education—social-emotional, academic, as well as in school behavior and
attitude. With increased awareness regarding why and how they influence
their children as well as why the school cannot “do it all,” parents will be
more likely to positively influence their children. As their children’s
first teacher, families support healthy development, reinforce learning in
school; develop values and life skills toward responsible adulthood and
lifelong learning. If schools and families truly work together, students
will be more likely to graduate and obtain further education or to be job-ready.
Schools can assist parents in gaining skills that will assist their children in
school. Research has consistently shown that School/family partnerships
can increase student achievement. Students with involved parents are more
likely to:
- earn higher grades
- be promoted or pass
classes
- attend school
regularly
- adapt well to school
- graduate and go on to
further education
The School District must strive to continue to build the capacity of parents/families
to help children succeed and to be active and engaged partners by equipping
them with skills and competencies, ensuring academic achievement and student
success.
The plan focuses on the following:
- Building relationships
- Communication
- Bolstering Student
Success
- Community Partnerships
Build strong and meaningful
relationships between schools and parents/families
Short-term actions:
- Educate teachers, support
staff, administrators, and parents/families regarding the value of the
contributions of parents to academic achievement.
- Establish a welcoming
school environment and encourage parents to visit the school at any time.
- Continue to hold family
fun events throughout the year and review what is currently done and what
might be added. Find ways to utilize venues other than the school
setting and focus on academic subjects such as reading, writing and math.
- Meet and welcome all
parents through personal interaction such as phone calls, letters, email,
and meetings.
- Distribute general,
easy to read handouts or information sheets about parent involvement at
home and at school…Basic health, nutrition, communication and homework
information, title program/parent compact, learning at home, career and
college information, volunteer info.
- Collect and disperse
“Parent Involvement” handouts and parent friendly school walk-through
information.
- Review the merits of
compiling and disseminating parent information on questions to ask at
parent/teacher conferences that relate to academic performance and
achievement and how parents might intervene at home to promote those
things.
- Assemble and provide
information at parent/teacher conferences about parent involvement,
services, and resources available through the school (including brochures
already discussed and parent handouts).
Long-term actions:
- Provide staff training and support for parent
engagement.
- Accumulate and distribute user friendly information to
parents/families relating to content standards to help them understand the
standards and what is being taught and what children should know so that
they can be more involved in their children’s education.
- Schedule a family friendly school walk through of the
school environment.
- Establish how families and school members perceive the
school’s role of families in education through a survey of parents and
school personnel.
- Provide leadership and advocacy training for families.
Support communication between
school and parents/families
Short-term actions:
- Ensure that information related to school and parent
programs, meetings, and other activities is sent to the parents of
participating children in a format and in a language the parents can
understand.
- Make communicating with families a priority for staff.
- Provide advance notice and offer meetings and
opportunities at various times and locations.
- Communicate the importance of and ensure that parents
give children a quiet place and time to read, study, and complete homework
and discuss daily work assignments, progress reports, and report cards
with their children.
- Support efforts to utilize building level parent
advisory councils to provide advice on all matters related to parental involvement.
- Create a chart of school staff, and with whom parents
should speak about particular topics.
- Create and present an overview of the bullying program.
Long-term actions:
- Bring parents/families
into the policy making process.
- Hold various workshops
and events that link parent engagement to student achievement.
- Create and deliver
programming that focuses on the effects of poverty on parental engagement
in education.
- Communicate how home
environments and families promote learning.
- Communicate what it takes
to get a child ready to learn every day at school.
- Inform parents what
their children are expected to know and how parents can reinforce that
learning at home.
- Develop and/or purchase
short family workshops to connect social and academic areas to learning or
to success at school, including but not limited to:
- health
- nutrition
- family routine
- literacy
- social and emotion
learning (school and home)
- parenting classes
- behavior
- college and career
readiness
- bullying
Support strategies that
bolster the success of each student’
Short-term actions:
- Ensure that children
attend school on time every day and promptly report any absences or
tardiness.
- Ensure that children
have the materials needed to complete class work and home learning.
- Help children develop a
good self-image by providing care, discipline, support, interest, and
concern.
- Keep children clean, as
well as healthy, by ensuring that they get enough sleep, appropriate
nutrition, and medical care.
- Reinforce with teachers
that we want parents actively engaged with their child’s education, both
at home and in the classroom by volunteering to read, do math, and to help
with other academic and social endeavors.
Long-term activities:
- Investigate the
feasibility of implementing parenting classes for future parents at the
high school level.
- Offer childcare,
transportation, and food during training.
- Utilize qualified
community volunteer as tutors in an after school setting to assist
students with reading and math.
- Create a rewards system
that recognizes accomplishment and completion of a training or family
event, perhaps in a fashion that earns the parent/family “credit” which
may be used to meet the needs of certain mandatory requirements.
- Create and implement a
plan which involves parents in major transition activities.
Create community partnerships
Short-term actions:
- Work with other governmental agencies (DSS, States
Attorney, Local Law Enforcement, etc.) to provide support to families who
may benefit from parental/familial engagement programming.
- Continue to have an open and welcoming school when it
comes to community groups using school facilities.
Long-term activities:
- Create parent involvement activities in conjunction
with local businesses and local community based organizations such as
recreational centers and early childhood education organizations.
- Create programming and opportunities for students, parents,
families, and community members to develop leadership skills to further
contribute to the school and overall community.
Adopted: May 8, 2012
IGDF
FUND RAISING
An organization wishing to raise funds must follow these guidelines:
- School sponsored organizations may raise funds for
their own organization only with prior administrative approval. The
first step in all fundraising activities must be to fill out an approval
form.
2. School sponsored organizations may raise funds for an
outside organization or cause with prior administrative approval.
3. Individual students not connected with a particular school
sponsored organization wishing to raise funds at, through, or under the
auspices of the school for themselves or an outside organization or cause must
seek and gain administrative approval prior to the event.
4. Fundraising at school or school events by an organization,
group, agency, or individual not part of, connected with or related to
the Lead-Deadwood Schools is prohibited unless other arrangements are made.
5. Students will not be let out of class to fundraise.
6. Flyers distributed or displayed for the purposes of
soliciting funds must indicate who is trying to raise funds for what the money
is going to be used.
7. Requests and descriptions of fundraising activities should
be submitted at the beginning of the school year to reduce repetition and
conflicts in scheduling. It is understood that this will not be possible
in all cases.
The completed application form will be submitted to the Principal for
his/her approval of rejection. In such cases where an application is
rejected, the sponsoring organization may request that a delegation of its
members meet with the Principal to further explain the project and to hear
reasons for rejection.
Funds raised by student organizations must be deposited and/or withdrawn
through an account in the name of the organization through the Lead-Deadwood
High School, Middle School or Elementary Schools.
Donations will be encouraged and accepted.
Local business/community member/large companies will be allowed to
sponsor activities and programs.
Adopted: March 11, 1991
Revised: March 13, 2001
Revised: December 12, 2006
Revised: April 11, 2017
IGDF-R
LEAD-DEADWOOD SCHOOL
DISTRICT
FUNDRAISING APPROVAL FORM
Name of
Organization
Name of
Sponsor/Adviser
Name of Individual/Individuals (if not an
Organization)
Fundraising
Activity
Purpose of
Fundraising
Date of Activity
Facility Needs (Fill out form in Activity
Office)
Target Total to be Raised
Sponsor’s
Approval
Date
Administrative
Approval
YES NO
DATE
Adopted: December 12, 2006
IHB
CLASS SIZE
The maximum number of students per classroom will follow these
guidelines:
A. Kindergarten through 3rd
Grade 18 maximum
B. Fourth through 12th
Grade
25 maximum
At the elementary level, classes under twelve (12) will be combined.
In order for high school classes to be included on the class schedule, a
minimum of ten (10) students must be enrolled after student registration.
Some classes may be limited in size due to classroom/facility limitations.
Exception to these classroom numbers may occur upon administrative
recommendation.
Adopted: April 15, 1998
Revised: May 8, 2001
IIA
INSTRUCTIONAL MATERIALS
Selection of materials will be according to policy and in the best
interest of students of the Lead-Deadwood School District #40-1.
Revised: February 10, 1997
Revised: April 11, 2017
IIAA
TEXTBOOK SELECTION AND
ADOPTION
In adopting textbooks for use in the school system, the Board will
carefully consider the rights, freedoms and responsibilities of all students,
parents and teachers.
The board’s first commitment in selecting and adopting textbooks will be
the preservation of the students’ right to learn in an atmosphere of academic
freedom.
Secondly, the Board will support the teachers’ right to exercise
professional judgment in their work but, at the same time, the Board will
require teachers to balance this right with an awareness of their
responsibility to meet the educational goals and objectives of the school
system.
Thirdly, the Board recognizes the rights of parents to influence the
education of their children. The Board will not, however, allow the
wishes of an individual parent to infringe upon the rights of the majority of
the students in any class.
In order to maintain this balance of rights, responsibilities and
freedoms, it will be the policy of the Board to make the textbooks available
for review by parents, students and interested citizens of the community.
LEGAL REFS: SDCL 13-8-1; 13-8-29; 13-34-11
Adopted: May 1989
Revised: February 10, 1997
Revised: April 11, 2017
IIAC
LIBRARY MATERIALS SELECTION
AND ADOPTION
The Board endorses the School Library Bill of Rights, as adopted by the
American Library Association, which asserts that the responsibility of the
school library is to:
1. Provide materials that will
enrich and support the curriculum, taking into consideration the varied
interests, abilities, and maturity levels of the students served.
2. Provide materials that
will stimulate growth in factual knowledge, literary appreciation, aesthetic
values, and ethical standards.
3. Provide a background of information
that will enable students to make intelligent judgments in their daily lives.
4. Provide materials on
opposing sides of controversial issues so that young citizens may develop under
guidance the practice of critical reading and thinking.
5. Provide materials
representative of the many religious, ethnic, and cultural groups and their
contributions to our American heritage.
6. Place principle above
personal opinion and reason above prejudice in the selection of materials of
the highest quality in order to assure a comprehensive collection appropriate
for the users of the library.
Initial purchase suggestions for library materials may come from all
personnel--teachers, coordinators, administrators. Students will also be
encouraged to make suggestions. The librarian will be responsible for
evaluation and recommendation of all library materials recommended to be
included in the school library. Final approval and authority for distribution
of funds will rest with the building principal, subject to the approval of the
Superintendent and in keeping with the Board-approved budget.
Gifts
of library books will be accepted in keeping with the above policy on
selection. Complaints about library books will be handled in line with Board
policy on complaints about instructional materials.
Adopted: April 11, 2017
IIBD
SCHOOL LIBRARIES
The
Board recognizes that an effective school library media center is an important
and integral part of the instructional resources of each elementary and
secondary school. Consequently, the school district will provide and maintain
adequate school library media centers.
Materials in school libraries will include a full range of print and
audio-visual media. Library services will include instruction and help in the
use of library resources. A school librarian will be employed in accordance
with state regulations. The school librarian and assistants will act as
teachers in the use of these resources.
The
school librarian, together with the school principal and Superintendent, will
develop such teaching programs and rules for library use as necessary to ensure
maximum use of the library services and materials, and control of material.
The Superintendent, upon the recommendation of the school librarian, will
annually request sufficient funds from the Board to maintain library services
at a high level.
Adopted: April 11, 2017
IIBG
DISTRICT TECHNOLOGY
ACCEPTABLE USE AGREEMENT
We are pleased to offer students and staff of the Lead-Deadwood School
District access to the district computer network resources, electronic mail and
the Internet. To use these resources, all students and staff must sign
and return the district’s Acceptable Use Agreement form, and those under age 18
must obtain parental permission.
General Network Use
The network is provided for students and staff to conduct research,
complete assignments, and communicate with others. Access to network
services is given to students and staff who agree through the Lead-Deadwood
School District Acceptable Use Agreement to act in a considerate and responsible
manner. Students and staff are responsible for good behavior on school
computer networks just as they are in a classroom or a school hallway.
Access is a privilege – not a right. As such, general school rules for
behavior and communications apply and users must comply with district standards
and honor the agreements they have signed. Network storage areas may be
treated like school lockers. Network administrators may review files and
communications to maintain system integrity and insure that users are using the
system responsibly. Users should not expect that files stored on district
servers will always be private.
Internet / World Wide Web Access
The Lead-Deadwood School District will make every reasonable effort to
give access to educationally appropriate sites. However, it may not be
technologically possible to limit Internet access to only those sites that have
been authorized for the purpose of instruction, and research related to the
curriculum.
The district reserves the right to monitor staff and student website
access and to take the necessary steps to prohibit access to certain
inappropriate sites or to provide consequences for access to such sites.The
district may also monitor public sites, such as MySpace.com, to ensure that
information placed on those sites does not violate any school policy. The
district also requires that students agree not to place anything on public
sites that would have a negative impact on the school environment to include,
but not limited to, cyber-bullying, slander or libel of students or staff
members, or other information deemed inappropriate or illegal. The
district reserves the right to provide consequences for such actions.
The Lead-Deadwood School District does not sanction any use of the
Internet that is not authorized by or conducted strictly in compliance with the
rules, regulations and policies of the district. Users who disregard the
district’s Acceptable Use Agreement may have their privileges suspended or
revoked.In some cases, where applicable, law enforcement officials may become
involved in actions that violate state or federal regulations or laws.
Users granted access to the Internet through the Lead-Deadwood School District
assume all responsibility and liability, both civil and criminal, for their use
of this service. The district makes no warranties of any kind, expressed
or implied, for the Internet service that is provided. The district will
not be responsible for any unauthorized financial obligations resulting from
use of this service.
E-mail
Students and staff have access to e-mail. All e-mails generated or
received through the Lead-Deadwood School District are the property of the
district. Staff members are allowed to use their school e-mail address
for personal use as long as the use does not interfere with their assigned
duties or violate any district policy. Students have access to e-mail,
for educational purposes, through the state e-mail system and may obtain an
e-mail account and address by contacting the office or building tech. The
school reserves the right to monitor staff and students e-mail contents and
students may be subject to disciplinary action for inappropriate use.
Internet Safety Instruction
The Board is committed to providing a safe learning environment that
prepares students for a rapidly changing world. To ensure that students
safely and appropriately benefit from the district’s technology resources, the
district shall provide Internet safety instruction to all students. The
district’s Internet safety curriculum shall include, but is not limited to:
- Instruction conveying appropriate online behavior and
online social interaction; and
- Instruction promoting cyberbullying awareness and the
ways in which the district responds to cyberbullying.
It shall be the duty of the superintendent to ensure that Internet safety
instruction is integrated into the district’s instructional program
Adopted: July 10, 2007
Revised: May 8, 2012
Revised: April 11, 2017
IIBG-R(1)
DISTRICT TECHNOLOGY
ACCEPTABLE USE AGREEMENT
Parents, please read this document carefully, review its contents
with your son/daughter, sign and return.
The Lead-Deadwood School District believes technology use is an essential
skill for lifelong learning. The goal in providing computer and Internet
access to staff and students is to promote educational excellence by
facilitating resource sharing, innovation, and communication. All users
are required to sign this agreement before they may access district resources,
and all students must also have their parent/guardian sign the following
guidelines for account privileges. By signing this agreement
parents/guardians give permission for their child to access these services and
agree to district policy IIBG-R(1).
The Lead-Deadwood School District will make every reasonable effort to give
access to educationally appropriate resources, including Internet sites.
However, it may not be technologically possible to limit Internet access to
only those sites that have been authorized for the purpose of instruction and
research related to curriculum.
The use of electronic networks is a privilege, not a right. General
school rules for behavior and communications apply. Users are responsible
for possession of any and all materials and for all actions with the use of the
account. Violation of district policy through the use of technology
will result in disciplinary action in accordance with district policy. When
applicable, law enforcement agencies may become involved. Examples of
inappropriate use include, but are not limited to:
- Accessing, uploading, downloading, distributing,
viewing or possessing any offensive files that may be pornographic,
obscene or contain sexually explicit material or language.
- Students are not permitted to use personal smart phones
at any time during class time. Smart phones used in common areas at
appropriate times may never be used to access, upload, download,
distribute, view or possess any offensive files or websites, that may be
pornographic, obscene or contain sexually explicit material or language or
to harass, insult, or attack others.
- Harassing, insulting, or attacking others.
- Damaging or modifying computers, computer systems, or
computer networks.
- Violating copyright laws.
- Using others’ access information such as usernames and
passwords or trespassing on others’ folders, work, or files.
- Forgery of electronic communications.
- Intentionally wasting resources.
- Employing the network for commercial purposes,
financial gain, or fraud.
The Lead-Deadwood School District makes no warranties of any kind,
expressed or implied, for the Internet access it is providing. The
District will not be responsible for any unauthorized financial obligations
resulting from the use of this account.
I have read this agreement and agree to adhere to the principles and
procedures detailed within.
STUDENT/STAFF
DATE
I have read this agreement with my child and I agree to allow my
child to access the Internet services provided by the District.
PARENT/GUARDIAN
DATE
I want my child to access the
Internet.
Yes
No
My child’s work may be published on the
Internet.
Yes
No
My child’s photo may be published on the
Internet.
Yes
No
Adopted: July 10, 2007
Revised: February 8, 2011
Revised: April 11, 2017
IKF
GRADUATION REQUIREMENTS
Aligned with the South Dakota Board of Education
requirements as approved November 2, 2009
A student’s Personal Learning Plan must document a minimum of 22
credits that include the following:
1.
Four units of Language Arts – must
include:
a. Writing – 1 unit
b. Literature – 1unit (must include .5 unit of
American Literature)
c. Speech or Debate -- .5 unit
d. Language Arts elective -- 1.5 units
2. Three
units of Mathematics – must include:
a.
Algebra 1 – 1 unit
b. *Math
Elective – 1 unit
c. *Math
Elective – 1 unit
3. Three
units of Lab Science – must include:
a. Biology
– 1 unit
b. Science
Elective – 1 unit
c. Science
Elective – 1 unit
4. Three
units of Social Studies – must include:
a. U.S.
History – 1 unit
b. U.S.
Government -- .5 unit
c. World
History -- .5 unit
d. Geography
-- .5 unit
e.
Civics-- .5 unit
5. One
unit of Fine Arts
6. One-half
unit of Physical Education
7. One-half
unit of Health
8. One-half
unit of Personal Finance or Economics
9. One-half
unit of Computer Science
10. One
unit of approved CTE Coursework or World Language
11. One-half
unit Completion of Capstone Experience, Senior Project or Internship
12. Completion
of one-half unit of virtual/distance education coursework
13. Four
(4) units of elective credit
*Math Electives – Pre-Algebra, Algebra II, Geometry,
Trig, Pre-Calculus, College Algebra, Integrated Math
**Science Electives – Physical Science, Chemistry,
Physics, Geology, Astronomy, Environmental Science, Anatomy & Physiology
Students will complete all graduation requirements
before they can participate in the graduation exercise and/or receive a
diploma.
At LDHS we understand the importance of community
service and for all our graduates to participate in a variety of opportunities
to give back. To graduate, we require that students participate in four
volunteer activities during their high school career. Or one volunteer activity
per year that the student is in attendance at LDHS. The volunteer activity must
be approved by the administration.
Adopted:
February 14, 2006
Revised: May
9, 2006
Revised:
January 13, 2009
Revised: May
11, 2010
Revised: July
12, 2011
Revised: April
11, 2017
Revised: April 9, 2019
IKG
MIDDLE SCHOOL ACCELERATION
In situations where Lead-Deadwood Middle School students wish to access
courses at the High School the following guidelines will apply.
- Placement: A
committee made up of one middle school guidance counselor, the 6-12
principal, one middle school teacher, and one high school guidance
counselor, and one high school teacher will determine the acceptance of
middle school students into a high school course based on test scores
and classroom performance. The student and a parent/guardian will
also be allowed to attend the meeting. Class size will be a
determinant in the process. If the committee is evenly divided on
acceptance, the Middle School Principal shall be the tie breaker.
B. Grading. The
high school teacher will issue the student’s grade.
C. Credit. The student
will earn high school credit.
D. Grade Point
Average. The final grade will be entered onto the student’s official high
school transcript.
E. The Department of
Education has granted a waiver that allows the Lead-Deadwood School District to
teach a high school Algebra I level course to eighth grade students. Eighth
grade students may earn a high school credit in Algebra 1. Placement in
this course will be based on student performance, faculty recommendations and
parent input.
Credit for the course shall appear on the student’s high school
transcript with the unit of credit and a letter grade. The unit of credit
must be included in the credits required for high school graduation and the
letter grade must be calculated in the high school cumulative grade point
average. This course will follow curriculum standards for high school Algebra
1 and will be graded by the high school instructor.
Eighth grade Algebra 1 students will be subject to high school class
withdrawal policy. Specifically, eighth grade students will have two
weeks to drop the class at the beginning of each semester.
For purposes of qualifying for the Opportunity Scholarship this credit
will be recognized.
Approved: April 11, 2006
Revised: April 11, 2017
ILC
VIRTUAL HIGH SCHOOL/DISTANCE
EDUCATION POLICY
Students in the Lead-Deadwood School District may earn credits via
distance education. The two methods which students may access coursework
via distance education are:
- Access coursework found in the South Dakota Virtual
High School
- Access coursework provided by the school district
All virtual education programs and courses must be consistent with
District instructional goals and aligned with South Dakota’s academic
standards, curriculum frameworks and assessments, and accredited by the South
Dakota Department of Education. The administration is directed to
periodically review instructional materials of virtual/online courses to ensure
they meet program standards. Further, such courses must provide the
opportunity for rigor, and substantial, timely interactions among staff and
students.
The Lead-Deadwood School District Distance Education Program is designed
to:
- Provide access to virtual/distance education
opportunities to meet the minimum graduation requirement(s) of one-half
unit of credit obtained online (Class of 2014)
- Provide students with 24/7 access to coursework
- Assure standards in course offerings
- Provide opportunity for students needing credit
recovery due to failure, illness, or other issues
- Provide opportunity for home school students wishing to
be educated at home. They must be registered by September 1st.
- Provide opportunities for students enrolled in school
who may have scheduling conflicts or wanting to take additional courses
not available to them
- Provide students the opportunity to challenge
themselves through an accelerated program.
Credit for Virtual Coursework
High School students may earn a maximum of five (5) units of academic
credit to be applied toward graduation requirements by completing
virtual/online courses accredited by the South Dakota State Board of Education.
Students may earn more than five (5) credits if specified in the student’s
Individualized Education Plan or approved by the building administration.
Students taking courses provided by the District must be enrolled in the
District.
Costs for Virtual Coursework
The cost for virtual/distance education coursework to meet the minimum
graduation requirements will be the expense of the District. District
education courses should be identified and selected through the plan of study
as outlined in the personal learning plans.
Students will be responsible for all costs related to virtual/online
coursework beyond the minimum graduation requirement unless specified in the
student’s Individualized Education Plan or approved by the building
administration.
Student Application for Distance Education Courses
Students requesting to take additional virtual/online courses beyond the
minimum graduation requirements will do the following:
- Meet with a school counselor to assess the student
ability to function effectively in an online learning environment and to
confirm that the student possesses the maturity level needed to
function effectively in an online learning environment.
- Determine coursework identified as part of the
student’s personal learning plan and the necessity of the requested
coursework for post-secondary readiness.
- Obtain the written approval of the Principal before a
student enrolls in a virtual course.
Adopted: August 14, 2007
Revised: July 12, 2011
ING
Animals
in School
All animals brought into the schools on either a temporary or permanent basis shall be
approved in advance by the teacher, Principal or building administrator. At the teacher’s
or Principal’s discretion, permission to keep the animal may be denied, for good reason,
including but not limited to one or more of these considerations: (1) the purpose for the
animal’s presence, (2) the ability of the teacher to control the animal, and/or (3)
the dangerous propensity of the animal.
Unauthorized animals are not allowed in school buildings or on school grounds. The
Board recognizes that under the proper conditions, animals can be an effective
teaching aid. In order to protect both children and animals, the following shall apply in in
schools in the district.
1. The bringing of animals into the classroom must not violate city/state/federal ordinances.
2. The only animals allowed in a classroom must be for a specific and appropriate educational purpose and shall be allowed for the amount of time necessary to achieve the educational goal.
3. All animals must be in good physical condition and vaccinated against transmittable disease. Dogs, cats, and ferrets will require proof of original and booster rabies vaccination.
4. No animal shall be permitted on school property pursuant to this policy if the presence of that animal will result in a student having an allergic reaction. For purposes of this provision, the school must be provided medical verification of the student's allergy before the school prohibits the animal from being on school property.
5. The teacher will be responsible for the proper control of animals brought to school for instructional purposes, including the effective protection of children when animals are in the school. This will include keeping the animal in an appropriate cage or container and handing fecal material in a sanitary manner.
6. No animals are to be allowed to run freely on school property.
7. All fecal material must be cleaned from the cage of any mammal or rodent on an as needed basis, (at a minimum of two times per week), and appropriate sanitizer used. Reptiles, fish, and insects must be cared for in a manner to minimize odor and maintain health. Person cleaning cages must wear gloves, masks, and glasses or goggles.
8. The teacher shall be responsible for the care and feeding of animals during the school year and during school vacations.
It will be the responsibility of the teacher to provide for a plan of care for classroom
housed animals in the event of an emergency school closing which might cause
disruption of the routine care of the animals. No animal shall be at school unless the
teacher involved is familiar with the appropriate care, feeding, and handling of that
animal and of any potential dangers caused by the animal. It shall be the responsibility
of the teacher to become familiar with each animal as it relates to the wellbeing of the
students in that particular classroom.
Service
Animals
SERVICE DOGS
The Lead-Deadwood School District acknowledges its responsibility to permit individuals
with disabilities to be accompanied by a service dog in its school buildings, in classrooms,
and at school functions as required by the Americans with Disabilities Act, 28 CFR Part 35,
subject to the following:
DEFINITION
A service animal means a dog that has been 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 dog must be directly related to the individual’s
disability or necessary to mitigate a disability. A dog, whose sole function is to provide
comfort or emotional support is not included in the definition and does not qualify as a
service animal under ADA.
REQUIREMENTS/RESPONSIBILITIES OF SERVICE DOG OWNER
Use of a service dog by an individual with a disability will be allowed in school when it is
determined that the individual’s disability requires such use in order to have equal access
to the instructional program, school services and/or school activities. A service dog must
have a harness, leash, or other tether. If the handler is unable because of a disability or if
the use of the restraint would interfere with the service dog’s safe, effective performance
of work or tasks, the dog must be under the handler’s control using voice control, signals,
or other effective means. A service dog must follow all state and/or city ordinances
regarding licensure.
The LD School District and its employees are not responsible for the care or supervision of
a service dog including feeding, exercising, taking outside for performance of excretory
functions, and cleaning up. Individuals with service dogs are expected to care for and
supervise their dog. In the case an individual with a disability is unable to care for or
supervise his/her service dog; the parent is responsible for providing care and supervision
of the dog. Students and/or parents are the only persons allowed to care for and
supervise their dog. Issues related to the care and supervision of service dogs will be
addressed on a case-by-case basis at the discretion of the building administrator. All
service dogs must be kept clean and groomed to limit shedding and dander. Owners of
service dogs are liable for any harm or injury caused by the dog to other students, staff,
visitors, and/or property, and must provide proof of current homeowner or renter liability
coverage as required by the LD School District.
REQUIREMENTS THAT MUST BE
SATISFIED BEFORE A SERVICE DOG WILL BE ALLOWED ON SCHOOL PROPERTY
All requests for an individual with a disability to be accompanied by a service dog must
complete the written request form. The request form and other required documentation
must be delivered to the Superintendent’s office at least ten (10) working days prior to
bringing the service dog to school. Owners of a service dog must provide annual proof
of vaccinations. All service dogs must be spayed or neutered. Verification of placid
temperament (no history of aggression or biting) and proof of current homeowner or
renter liability coverage is required.
Information should be sent to:
LD School District Superintendent
320 Main St.
Lead, SD 57754
REMOVAL OF A SERVICE DOG
A school administrator may ask an individual with a disability or his/her parent/guardian
to remove a service dog from a school building, a classroom, or from a school function if
any one of the following circumstances occurs:
· The dog is out of control and the dog’s handler does not take effective action to control the animal.
· The dog is not housebroken.
· The dog’s presence would fundamentally alter the nature of the service, program, or class activities.
· The presence of the dog poses a direct threat to the health and safety of others.
· The dog fails to consistently perform the function(s)/service(s) for which it has been trained.
SERVICE DOGS AT SCHOOL-SPONSORED EVENTS OR ACTIVITIES
Individuals with disabilities may be accompanied by their service dogs to events or
activities open to the public that are held in schools or on school property. The use of a
service dog may not be conditioned on the payment of a fee or security deposit, but
the individual is liable for any damage done to the premises or facilities by such an
animal. The building administrator may revoke or exclude the service dog only if the
animal poses a direct threat to the health and safety of others, the use of the dog would
result in substantial physical damage to the property of others, or would substantially
interfere with the reasonable enjoyment of the event or activity by others.
REF: AMERICANSWITH DISABILITIES ACT, 28 CFR PART 35
Adopted: February 11, 2019
SERVICE
DOG REQUEST FORM
Student Name: School:
Parent/Guardian Name:
Mailing Address:
Service Dog Breed:
Name of Dog:
Please provide a brief description of the purpose or task the service dog will be providing:
I have read and understand the LD School District Service Animal Policy. I will abide by the terms of this policy.
I understand my service dog may be excluded from district property if any of the following occur:
1) The service dog is not housebroken.
2) The service dog is not under the control of its authorized handler. The service dog must have a harness, leash or other tether, unless the handler is unable because of a disability to use a harness/leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective use of work or tasks.
3) The service dog poses a direct threat to the health or safety of others that cannot be eliminated by reasonable accommodations/modifications.
4) The inclusion of the service dog represents a fundamental alteration to the learning environment.
I understand I am responsible for any and all damage to the school district property, personal property, and any injuries caused by my service dog. I also understand that the school district is not responsible for any costs related to our service dog. I agree to indemnify, defend and hold harmless the Lead-Deadwood School District from and against any and all claims, actions, suits, judgments and demands brought by any party arising on account of, or in connection with, any activity of or damage caused by my service dog.
The following documentation must be included with the request form:
1. Documentation of a diagnosed disability
2. Proof of annual vaccinations
3. Documentation of state and/or city licensure of dog
4. Verification that the dog has been spayed or neutered
5. Verification of placid temperament
6. Proof of current homeowner or renter liability coverage
_________________________ ______
Parent/Guardian Signature Date
___________________________ _______
Superintendent Signature Date
SECTION J: STUDENTS
Below is listing of Lead-Deadwood
School District policies in Section J that have been approved by the
Lead-Deadwood Board of Education.
JE
ATTENDANCE
Excused Absence
•
Excused by parent/guardian as ill or at an appointment
•
A student is sick with doctor’s note documenting the absence
•
Serious illness in the student’s immediate family
•
Bereavement
•
A student is attending events of state or nationally recognized youth programs
of educational value or for the purpose of working as a precinct election
official if the student is at least eighteen years old
• Family vacation
Unexcused Absence
•
Students are marked unexcused until a parent or guardian informs the school of
a child’s whereabouts.
•
Not signing out properly
• Skipping class
The following process will
be applied, per school semester.
•
After 5 absences from school (without being excused), high school students will
be issued a truancy ticket by a school resource officer pursuant to South
Dakota Codified Law 26-8B-2.
•
After 5 absences from school (without being excused), middle and elementary
school parents/guardians will be issued a truancy ticket by a school resource
officer pursuant to South Dakota Codified Law 26-8B-2.
•
After 10 absences from school (without being excused), high school students
will be issued a truancy ticket by a school resource officer pursuant to South
Dakota Codified Law 26-8B-2.
•
After 10 absences from school (without being excused), middle and elementary
school parents/guardians will be issued a truancy ticket by a school resource
officer pursuant to South Dakota Codified Law 26-8B-2.
• If deemed necessary, the
building principal will have the discretion of issuing tickets to students with
excessive excused absences.
Elementary
School
According to
Students are tardy after
If a student is absent, the parent or
guardian should call the office @ 717-3884 before
In the event that a classroom teacher
notifies the office of unexcused or “questionable” absences, contact will be
made with the home in an effort to determine the cause of the absences.
High
School
A student will be considered absent if
they come to class more than 20 minutes late.
A student is allowed (2) school days for make-up work for each excused
absence that they are not in class. High
School students who are absent for more than five (5) days of a block class
during a school semester will not receive credit for the course work without
special extenuating circumstances and the recommendation of exception from the
principal.
The building Principal is granted the
right to make exceptions to this minimum attendance standard in extra-ordinary
cases. If a student reaches the absence
limit and thus will potentially lose credit, he or she must continue the course
until the end of a semester unless approved by the building administration. Students who are permitted to withdraw with
no credit will be assigned to the “CABIN” for the remainder of the semester.
Students may request an appeal to the
loss of credit through a committee of five teachers selected by the student and
the building principal. After the 4th
day of absence from a class during a semester, the school will attempt to
notify the student and parent. A meeting
with parents may be scheduled to discuss
strategies to improve attendance and how the student will make up the missed
work. Failure to comply with South
Dakota Codified Law 13-27-1 stating compulsory education until the age of 18
may result in referral to the district truancy officer and State’s attorney.
Middle
School
A student will be considered absent if
they come to class more than 20 minutes late.
A student is allowed (2) school days for make-up work for each excused
absence that they are not in class.
After the 5th day of
absence from a class during a semester, the school will attempt to notify the
student and parent. A meeting with
parents may be scheduled to discuss strategies to improve attendance and how
the student will make up the missed work.
Middle school students who are absent for more than sixteen (16) days of
class during a school year are in jeopardy of not receiving credit for the
course work completed without special extenuating circumstances and the
recommendation of exception from the principal.
Failure to receive credit may result in a referral for retention. The building principal is granted the right
to make exceptions to this minimum attendance standard in extra-ordinary cases.
Students may request an appeal to the
loss of credit through a committee of five teachers selected by the students,
parents and the building principal. A
meeting with parents may be scheduled to discuss strategies to improve
attendance and how the student will make up the missed work. Failure to comply with South Dakota Codified
Law 13-27-1 stating compulsory education until the age of 18 may result in
referral to the district truancy officer and State’s attorney.
Adopted: December 12, 2006
Revised: July 12, 2011
Revised:
October 8, 2019
JEA
PERMISSION TO LEAVE
SCHOOL
Students must receive permission at the principal’s office to leave the building at any time during the daily regular session between the opening and closing hours of the school day. This regulation does not apply to classes or groups regularly scheduled for departure under faculty supervision.
Revised: February 10, 1997
Revised: June 10, 2006
JECB
ADMISSION OF NONRESIDENT STUDENTS/
ASSIGNMENT OF RESIDENT STUDENTS
This policy is enacted to fairly allow
admission and assignment of both resident and non-resident students in the
Lead-Deadwood School District. For the
purposes of this policy, the term “resident district” means the district in
which a student has legal residence as determined by SDCL 13-28-9. The term “non-resident district” means any
district in which a non-resident student seeks to enroll. The term “assigned school” means the
attendance center within the district to which a resident student is assigned. The term “non-assigned school” means an
attendance center within a resident student’s district to which the student has
not been assigned.
The Board will accept all students
from other districts wishing to enroll, provided the non-resident district’s
facilities can accommodate the students without adversely affecting the quality
of the education program. The
determination will be based upon criteria adopted by the Board, see Section C
below, and is subject to the following conditions:
A.
GENERAL PRINCIPLES
1.
A
student who is a legal resident of another South Dakota district seeking to
transfer to Lead-Deadwood School District must make application on forms
provided by the Department of Education.
The application must be made by an unemancipated student’s parent or
guardian or by the emancipated student.
(The parent or guardian with the
authority to request enrollment is the resident custodial parent.)
2.
The
application will be approved or disapproved, if the transfer does not result in
an inability to provide a quality educational program by the Lead-Deadwood
School Board or assigned designee, and in compliance with statutory
limitations. (Applications must be received and evaluated by the last Friday in
September to be eligible for the first semester, or by the last Friday in
January to be eligible for the second semester.
The School Board may waive this requirement based on individual
circumstances.) The applicant and
resident district must be notified of the decision within five days of the
decision. Applications will be reviewed
in the order received.
a. In-district
transfer applications to move to a non-assigned school can be accepted and
acted upon by the board at any time; however, decisions regarding transfers
among attendance centers within a district will be based upon policies
consistent with resident/nonresident transfers.
b. The
application may be withdrawn by the applicant prior to the approval of the
request and upon notification of the district to which the student applied.
c. Once approved
by the Lead-Deadwood School District, the applicant’s intent to enroll
obligates the student to attend school in the receiving non-resident district
or non-assigned school for the next school year, unless the two boards agree in
writing to allow a student to return the original district or assigned school
or if the parent, guardian, or student changes resident to another district.
d. Once enrolled
in a non-resident district or non-assigned school, the enrollment will continue
unless a bona fide change of resident occurs or a subsequent transfer
application is received.
e. A non-resident
district will accept credits granted for any course successfully completed in
another accredited district. The
non-resident district may award a diploma to a non-resident student only if the
student satisfactorily meets the graduation requirements of the non-resident
district.
f. Transportation
to school of non-resident students is the responsibility of the applicant. Both the resident and non-resident districts
may provide transportation to non-resident students if approved.
B.
SPECIAL
EDUCATION STUDENTS
Both state and federal law requires
that the resident district be responsible for providing a free and appropriate
public education for students in need of special education and related
services. All applications for transfer
of a special education student will first be considered by a placement
committee, and the placement committee will include representatives of both the
resident and non-resident districts. In
addition to the other consideration of the 1997 Open Enrollment Act, the
following additional considerations will apply.
1.
An
individualized education program team consisting of representative from both
the resident and non-resident district will determine if the non-resident
district can provide appropriate instructional programs and facilities,
including transportation, to meet the needs of the student.
2.
If
the request to transfer is granted the non-resident district is responsible for
the provision of a free appropriate public education for the student in need of
special education or special education and related services.
3.
Notwithstanding
the provision of 13-28-45, the individualized education program team shall
determine whether the student in need of special education requires
transportation as a related service. If
so, the non-resident district shall provide or ensure the provision of
transportation within the boundaries of the attendance center to which the
student is assigned.
4.
Return
of the non-resident special education student to the resident district will be
subject to the approval of the individualized education program team.
5.
No
separate dates will be in effect for notification and decision making with
respect to special education students.
6.
Students
on an IEP who are home schooled will not receive special education services
unless they are enrolled in the Lead-Deadwood School District for the amount of
time that is specified in their IEP for such services.
C.
CRITERIA FOR
MAKING TRANSFER DETERMINATIONS
Discrimination based upon race,
gender, religious affiliation or disability is prohibited. All members of the same family residing in
the same household will be treated the same and the application of a sibling of
a student currently open enrolled in a school district has priority over all
other open enrollment applications received by the district.
1.
The
standards will be established based on the capacities of each of the following
elements within the district in any approvals:
a. Programs
b. Classes
c. Grade levels
d. Buildings
e. Pupil/teacher
ratio
2.
The
Department of Education has authority to promulgate rules setting for
procedural and administrative requirements of the open enrollment program. The school district will follow any and all
such rules and procedures.
3.
The
board may deny applications for any of the following reasons:
a. The standards
established in paragraph C-1 above are violated;
b. The applicant
is under suspension or expulsion;
c. The
application has been convicted of possession, use, or distribution of any
controlled substance, including marijuana and is under suspension pursuant SDCL
13-32-43;
d. The applicant
has been convicted of a weapons charge relating to the schools and is under
suspension pursuant to SDCL 13-32-43.
D.
MISSCELLANEOUS
PROVISIONS
1.
The
board will assign all students among the schools within the district, pursuant
to SDCL 13-28.
2.
The
district will make relevant information about the district, schools, programs,
policies and procedures available to all interested people.
3.
Appeals
from board action under the 1997 Open Enrollment Act can be made under SDCL
13-46 and the court will conduct a de novo review.
4.
The
time for appeal under SDCL 13-46 is within ninety days from the date of
decision.
LEGAL REFS: SDCL 13-13-10.1;
13-15-8.1; 13-15-9; 13-15-11; 13-15-21;
13-15-21.1; 13-15-23; 13-15-24;
13-28-9; 13-28-10; 13-28-10.1;
13-28-11; 13-28-19; 13-28-19.1;
13-28-21; 13-28-22; 13-28-23;
13-28-30; 13-28-34; 13-28-40; through
13-28-47; 13-32-4.3;
13-37-35; 13-46 Repealed July 1, 1998;
13-28-28; 13-28-22;
13-23-23; 13-28-38
CROSS REFS: IGBA, Programs for
Handicapped Students
LB, Relations with Other Schools and
School Districts
Approved:
September 9, 1997
Revised: August 12, 2014
JECBA
ADMISSION OF EXCHANGE AND
FOREIGN STUDENTS
Foreign students
must meet all district entrance requirements i.e., age, place of residence,
immunizations. The District does not
provide any financial contribution to the students. The student is responsible for all other
fees. The Board assumes no responsibility
or control over items such as travel, living accommodations, funding,
insurance, etc., which remain the responsibility of the sponsor and/or
student. Students who are citizens of a
foreign country will be considered residents if they meet one of the following
requirements:
1. The student resides with his/her
parent(s) or legal guardian.
2. The
student is a participant in a foreign exchange program approved by the school
board.
3. The
student is accepted as a resident under SDCL 13-28-01.
4. The
student is in the Untied States with appropriate documentation (Form 1-20) from
the United States Department of Justice, Immigration and Naturalization
Services.
1. Students
must be between the ages of 14 and 18 years.
Their 14th birthday must fall prior to September 1 of the
year they are to attend
2. Approved
programs must have a local coordinator who resides within the district and does
not receive compensation for student placement.
Approved programs must be approved by the Council on Standards for
International Education Travel.
3. The
local coordinator for the approved programs must contact the high school
principal by June 1 with the number of students that will be sponsored. The names of the students and the names of
the host families must also be provided at that time. Acceptance of students after June 1 will be
on a first-come basis.
4. The
exchange students will be evaluated by the teachers on the regular grading
schedule, unless the teacher and the administration opt to initiate a pass/fail
system.
5. Exchange
students must meet a required proficiency level in English.
6.
Proper
1-20 forms and other required papers must be processed by the district, the
student and the sponsoring organization before an international student can be
formally admitted to
Adopted:
JECC-R
ASSIGNMENT
OF STUDENTS TO SCHOOL
The Board has the legal authority to determine which school a child will attend. Generally, students will be required to attend school in the attendance area in which they reside, unless special permission has been granted by the superintendent or designee.
The Board, with benefit of administration recommendations, will determine attendance boundaries and/or class size adjustments that assure maintaining equivalent class size within the district and each class within a grade level.
ELEMENTARY CLASS SIZE ADJUSTMENT
It is understood that appropriate class size is subject to many variables. The building principal will recommend appropriate measures for each boundary and class size adjustment situation. It is recommended that adjustment volunteers be considered for re-assignment first, then new enrollers and/or bus students should be considered for re-assignment.
EXISTING TEACHER ASSISTANT TIME
Existing teacher assistant time will be focused upon classes experiencing larger class size as described above. Additional teacher assistant time may be obtained, when necessary, with Board of Education approval.
PERSONAL TRANSFER REQUSTS TO DIFFERENT ATTENDANCE
CENTERS
A request for transfer of an elementary school child to a different attendance center may be considered for approval where class size permits additional enrollment. Personal transfer requests may be considered by the principals as soon as accurate enrollment information is known but should not exceed two weeks from the time school starts.
Due consideration, however, will be given to those students who have been recommended for placement outside the home school attendance area by appropriate school district personnel, community mental health agencies, physicians, or when necessitated, by the location of specific programs to accommodate students who qualify under P.S. 94-142.
Adopted:
Approved:
JECC-R
ADDITIONAL PARAPROFESSIONAL CRITERION
Teachers who
request paraprofessionals shall be required to present a written statement of
need to the building principal at the beginning of the school year, but no
later than the last day of September.
Requests after this date shall not be considered except under
extraordinary circumstances.
The statement of
need shall specify the type of duties the paraprofessional will
perform—clerical, paraprofessional or tutorial—and shall list the expected
benefits to students.
The building
principal shall make no commitment to the teacher making the request, but shall
refer it to the superintendent, who shall review it with the administrative
staff.
The following
factors shall be considered:
a. Class
size
b. Diversity
of grade levels
c. Diversity
of student capabilities
d. Age
and maturity of students
e. Safety
f. Availability
of parental or other volunteer help
g. Alternatives
h. Budget...
emphasis upon primary grades if budget restraints
i. Other
pertinent information to include suggested teacher, paraprofessionals, student
ratio guidelines.
The order of
factors does not indicate priority.
The group
reviewing the request shall present its recommendation to the Board. The Board shall direct the superintendent to
present the decision in writing to the teacher making the request.
The need for
paraprofessionals for Special Services shall be considered separately as
circumstances arise.
Adopted:
December 1984
Revised:
February 10, 1997
Revised: March
10, 2009
JECE
CHECKING OUT OR WITHDRAWING
FROM SCHOOL
All students checking out or withdrawing from school for any reason will check out with the principal or assistant principal.
Revised:
JECE-R
CHECK-OUT SLIP
Before a student will be formally checked out of school, he/she will circulate a check-out slip to all of his/her teachers who will give him/her a grade. He/She will check out his/her book at the same time.
Revised:
February 10. 1997
JFAC
ANTI-HARASSMENT POLICY
The Lead-Deadwood
School District is committed to providing a learning and working environment
free of unlawful harassment based on an individual’s race, color, religion,
creed, ancestry, gender, sexual orientation, national origin, disability, age,
or other basis prohibited by law. Any
behavior that creates or contributes to an intimidating, hostile, or offensive
environment is absolutely prohibited and will result in disciplinary action.
It shall be a
violation of this policy for any student or any school personnel of the
The
At the beginning
of every school year building principals shall review this policy and its
regulation with the school personnel and students in his/her building in a
manner deemed appropriate for the age of the students within the building.
Legal References:
Title
Title IX of the Education Amendments
of 1972
Harassment Defined
Harassment
consists of unwelcome conduct, whether verbal, physical, or visual. Harassment includes conduct that denigrates
or shows hostility or aversion toward an individual because of his or her
protected status or that of his or her relatives, friends, or associates and has
the purpose of effecting or creating an intimidating, hostile, or offensive
working or educational environment, or has the purpose or effect of
substantially or unreasonably interfering with a student’s educational
performance which deprives the student access to educational
opportunities. The District believes
that every student has the right to a learning environment free from all
harassment.
Sexual Harassment Defined
Unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature constitutes sexual harassment when submission to or rejection of
this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an
individual’s work performance, or creates an intimidating, hostile or offensive
work environment or learning environment.
Sexual Harassment is of two types:
They are:
A. Quid
Pro Quo – Quid pro quo harassment
involves a student/employee being pressured to submit to unwelcome sexual
advances that explicitly or implicitly affects an individual’s employment,
unreasonably interferes with an individual’s work performance, or creates an
intimidating, hostile or offensive work environment or learning environment.
B. Hostile
Work/Learning Environment – Hostile
environment harassment occurs when a student or employee is subjected to
unwelcome conduct based on gender that is sufficiently pervasive or severe to
alter the terms or conditions of the victim’s employment or education and
create an abusive or hostile work/educational environment. A hostile environment can be created by
administrators, supervisors, co-workers, teachers, students or even
non-employees, such as customers, vendors or parents. To rise to the level of hostile environment
sexual harassment, the conduct must unreasonably interfere with an individual’s
work or learning performance or create an intimidating, hostile, or offensive
working or educational environment.
Sexual harassment is any unwelcome sexual advance(s), request(s) for
sexual favors, and/or other verbal, physical and/or visual contact(s) of a
sexual nature, or communication of a sexual nature when:
a.
submission
to such conduct or communication is made, either explicitly or implicitly, a
term or condition of an individual’s employment or education;
b.
submission
to or rejection of such conduct or communication by an individual is used as
the basis for educational or employment decisions affecting the individual, or
c.
submission
to or rejection of the conduct or communication by the individual is used as
the basis for any decision affecting the individual regarding benefits and
services, honors, programs, or activities available at or through the school;
or
d.
such
conduct is so severe, pervasive, and objectively offensive that such conduct or
communication has the purpose or effect of interfering with an individual’s
educational or professional performance or creating an intimidating, hostile,
or offensive employment or educational environment.
Sexual harassment may include, but is not limited to, the following
conduct when such conduct is severe, pervasive, and objectively offensive:
a.
unwelcome
verbal harassment or abuse based upon gender;
b.
unwelcome
pressure for sexual activity;
c.
unwelcome,
gender motivated, or inappropriate patting, pinching, or physical contact,
other than necessary restraint of pupils by teachers, administrators, or other
school personnel to avoid physical harm to persons or property;
d.
unwelcome
behavior or words, based upon gender, including demands for sexual favors,
accompanied by implied or overt threats concerning an individual’s educational
or employment status, or
e.
unwelcome
behavior or words, based upon gender, including demands for sexual favors,
accompanied by implied or overt promises of preferential treatment with regard
to an individual’s educational or employment status.
Reporting Incidents of
Harassment
Any student or school personnel who believe he or she has been the victim
of harassment as defined above by a student or by school personnel of the
1. Designated Personnel. The building principal is the person
designated by the
2. District wide. The School Board hereby designates the
Superintendent as the
3. Submission of a complaint or report of
harassment. Submission of a
complaint or report of harassment will not affect the student’s educational or
work assignment of the school personnel’s employment.
4. Confidentiality. The
5. Procedure.
The complainant will be asked to put the facts surrounding the
conduct in writing on a form provided by the School District that includes the
following: Complainant’s name and
address; date of the incident; type of harassment; description of the incident;
name of any witnesses; what action, if any, has been taken, and signature of
the complainant.
6. Required Reporting. If the accusations include possible
criminal activity such as molestation, sexual battery, or similar contact, the
Title IX Officer shall comply with all mandatory state reporting requirements
including, but not limited to, contact with the State Department of Social
Services.
Investigation
Upon receipt of a written report alleging harassment, the Title IX
Officer shall immediately authorize an investigation. This investigation may be conducted by
In determining whether alleged conduct constitutes harassment, the
The investigation may consist of personal interviews with the
complainant, the individual(s) against whom the complaint is filed, and others
who may have knowledge of the alleged incident(s) or circumstances giving rise
to the complaint. The investigation may
also consist of any other methods and documents deemed pertinent by the
investigating party.
In addition, the
During the investigation all parties directly involved in the complaint
may have legal or other representation.
If any party elects to be represented at any step of the complaint
procedure, the name of the representative must be declared in writing to the
Title IX Officer.
School District Action
1. Upon receipt of the
recommendation that the allegations of the complaint constitute a violation of
2. The results of the investigation of each
complaint will be reported in writing and kept on file with the Title IX
Officer. The report shall include
findings of fact and will document the disciplinary action taken, if any, as a
result of the complaint.
3. The complainant will be advised of the
District decision in writing on a form supplied by the
4. If either party is not satisfied with the
written decision rendered by the School District he or she may appeal the
decision in writing to the School Board within (10) working days following
receipt of the decision. The appeal must
include a written statement as to the reason for appeal.
5. The School Board will review the material
submitted, investigate the circumstances, and respond in writing within
fourteen (14) working days of the appeal with a determination to uphold,
modify, or reverse the District decision.
At the School Board’s discretion, an additional investigation may be
conducted, including interviews with the complainant, the individual(s) against
whom the complaint is filed, and others who may have knowledge of the alleged
incident(s) or circumstances giving rise to the complaint. The appeal may also include any other methods
or documents deemed pertinent by the School Board.
6. The School Board will render a decision in
writing within fourteen (14) working days of the hearing.
Prohibition
against Retaliation
The
During the investigation all parties directly involved in the complaint
may have legal or other representation.
If any party elects to be represented at any step of the complaint
procedure, the name of the representative must be declared in writing to the
Title IX Officer.
Retaliation includes, but is not limited to, any form of intimidation,
reprisal, or harassment. Retaliation is
itself a violation of federal and state laws prohibiting discrimination and may
lead to separate disciplinary action against an individual.
If any student or school personnel who has filed a complaint or has
testified, assisted or participated in the investigation of harassment believes
that he or she has been retaliated
against because of his or her participation, he or she should follow the
procedures set forth above.
False Charges
Charges found to have been intentionally dishonest or made maliciously
without regard for truth may subject complainants to disciplinary action.
Uncomfortable Situations
Whether a particular action or incident is a personal, social
relationship without a discriminatory employment or educational effect requires
a determination based on all the facts and surrounding circumstances. False accusations can have a serious
detrimental effect on innocent parties.
Discipline
Any
Adopted:
HARASSMENT GRIEVANCE
(To be used by designated contact person)
Name of Complainant
Address of Complainant
Date of Complaint
Date and Place of Incident(s)
Type of Harassment
Description of the Incident(s)
Witnesses
What action, if any, has been taken
Other Comments or Information
I agree that all the information on this form is accurate and true to the
best of my knowledge.
Signature (optional) Date
JFC
ASSAULT ON A SCHOOL EMPLOYEE
A student shall not intentionally cause or attempt to cause physical injury or intentionally behave in such a way as could reasonably cause physical injury to a school employee.
1. on the school grounds during and immediately before or immediately after school hours;
2. on the school grounds at any other time when the school is being used by a school group, or
3. off the school grounds at a school activity, function, or event.
Neither self-defense or action undertaken on the reasonable belief that is necessary to protect some other person is to be considered an intentional act under this rule.
Revised:
JFCA
PHYSICAL ABUSE OF A STUDENT
OR OTHER PERSON NOT
EMPLOYED BY THE SCHOOL
A student shall not intentionally do serious bodily injury to any person
1. on the school grounds during and immediately before or after school hours or,
2. on the school grounds at any other time when the school is being used by a school group, or
3. off the school grounds at a school activity, function, or event.
Neither self-defense or action undertaken on the reasonable belief that it was unnecessary to protect some other person is to be considered an intentional act under this rule.
Revised:
JFCB
OFF-CAMPUS MISCONDUCT
1. Application of disciplinary code to
off-campus misconduct.
The Student Disciplinary Code and all penalties shall apply to aggressive
or violent conduct off school grounds that disrupts school or that affects a
health or safety factor of the school or its programs.
2. Examples of off-campus misconduct
subject to discipline.
Examples of such conduct include, but are not limited to: Illegal activity involving violence or
aggression, threats of violence or aggression to persons or property, fighting,
hazing, using technology to harass and/or intimidate, or other violent or
aggressive offenses against persons or property.
3. Full range of disciplinary
penalties.
Students may be subject to the full range of disciplinary penalties for
off-campus misconduct, including, but not limited to: suspension, expulsion, detention,
4. Confirmation
Confirmation of off-campus misconduct by the school administration can
occur through the following methods:
A.
Admission
from the student participant or the student’s parent or guardian;
B.
Notification
by law enforcement that may establish such misconduct.
C.
Verification
by the County State’s Attorney’s office or a member of the Unified Judicial
System that there has been an adjudication, conviction, suspended imposition,
informal adjustment or court approved juvenile diversion of the student for
said misconduct; or
D.
Observation
of such misconduct or other verification by a school administrator.
Legal reference: SDCL 13e-32-1
Adopted:
Revised: May 8, 2007
JFCD
SCHOOL THREAT ASSESSMENT RESPONSE
MISSION STATEMENT: The
purpose behind this protocol is to provide for a mechanism to assure that
threats of violence in a school environment are addressed, whenever possible,
before they occur. The protocol is
designed specifically for those violence issues that affect schools and the
students who attend those schools. It is
intended to identify credible threats of violence and address those threats and
the individual making the threat before the threat is carried out.
EDUCATION: On
an ongoing basis, the School District will attempt to educate the community,
parents, teachers, staff and students concerning the serious nature of
threatening behavior at school and toward the school or its students and staff. Such behavior is unacceptable and will not be
tolerated. Students who may be deemed
“at-risk” (i.e., anger control problems but prior to actual threats) may be
referred for counseling.
PROCEDURE: The
following procedure regarding actual threats is separated into several sections
in order to reflect those instances where a threatened act of violence may be
received by specific individuals.
I. Any Lead-Deadwood Area School student,
parent or guardian upon receiving information that a person is threatening to
commit an act of violence, should:
A. Assume the threat is serious;
B. Immediately
report the threat to a parent or guardian, school staff member, school
administrator or law enforcement officer;
C. Be
available and cooperative in providing a written statement of the threat and
any other pertinent information, with the understanding that the information
source (the student) will remain anonymous to the greatest extent possible.
II. Any
Lead-Deadwood Area School staff member, upon receiving information that a
person is threatening to commit an act of violence, shall:
A. Assume
the threat is serious;
B. Immediately
report the threat to the school administrator or their designee
C. Be
available and cooperative in providing a written statement of the threat and
any other pertinent information with the understanding that the information
source (the staff member) will remain anonymous to the greatest extent
possible.
III. Any Lead-Deadwood Area School administrator,
upon receiving information that a person is threatening to commit an act of
violence, shall:
A. Assume
the threat is serious;
B. Cause
the student making the threat, if said student is on campus, to be immediately
removed from the classroom and segregated into a secured area pending further
investigation;
C. Immediately
notify the SRO and provide the team member with complete information regarding
the threat received;
D. Secure
a written statement from the school staff member, regarding the information
received.
IV. The SRO, upon being notified that a threat to
commit an act of violence has occurred, shall:
A. Assume
the threat is serious;
B. Immediately
conduct an assessment interview of the subject making the threat. This assessment interview will include the
SRO and the administrator or his/her designee.
The primary purpose of the interview is to engage in an assessment of
the available information in an attempt to determine the veracity of the
threat, in order to decide what level of follow-up action is needed and
appropriate.
V. Once the assessment is complete, the SRO and
administrator shall consider options for follow-up action. If it is agreed that the threat is credible,
the following actions may be taken.
A. The SRO will contact local law enforcement to
take whatever is necessary including referral to the Lawrence County States
Attorney and the South Dakota Department of Social Services;
B. The
subject’s parent(s) or guardian will be contacted for input and assistance,
including the potential voluntary committal of the subject making the threat.
C. The school administrator will impose school
sanctions;
D. The
student will be referred for treatment/counseling to provide support. In some cases, the student may be required to
complete treatment/counseling before returning to school;
VI. If it is agreed that the threat is not
credible, or does not require application of the options listed in Section VI,
the school administrator shall assume responsibility to institute any further
action deemed necessary.
VII. Once an option is chosen and initiated, the
SRO and administrator shall engage in fulfilling the reporting requirements
associated with the action taken.
Adopted: January 13, 2009
JFCE
FIRE ALARMS
Any student who willfully or knowingly gives or aids or assists in giving any false alarm of fire by any means, shall be subject to long-term suspension or expulsion.
Adopted:
December 1974
Revised:
February 10, 1997
JFCF
HAZING
The purpose of this policy is to maintain a safe learning environment for students and staff that are free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school district and are prohibited at all times.
General Statement of Policy:
A. No student, teacher, administrator, volunteer, contractor or other employee of the school district shall plan, direct, encourage, aid or engage in hazing.
B. No teacher, administrator, volunteer, contractor or other employee of the school district shall permit, condone or tolerate hazing.
C. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy.
D. This policy applies to behavior that occurs on or off school property and during and after school hours.
E. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act.
F. The school district will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school district who is found to have violated this policy.
Definitions:
A. “Hazing” means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to:
1. Any ritual activity that ranges from causing mild embarrassment to bodily injury. It can include harassment, threats, intimidation and physical harm. It is often an act directed at fellow students for the purpose of initiation, affiliation, or belonging to a particular group. Soliciting, aiding participating in or encouraging this type of conduct is prohibited.
2. Any type of physical brutality such as whipping, beating, paddling, striking, branding, electronic shocking or placing a harmful substance on the body.
3. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product or any other food, liquid, or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
5. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from remaining in school.
Adopted:
JFCG
TOBACCO FREE SCHOOLS
It is the policy of the
1. As educators we have influence on children outside the formal curriculum. A tobacco free school can provide a good model to the students.
2. Evidence suggests that tobacco free rules at school influence the effectiveness of tobacco prevention programs. Tobacco education programs implemented in schools that prohibit tobacco use appear to be more effective than an identical program implemented in schools with less restrictive policies.
3. Evidence also suggests that not using tobacco promotes a healthier lifestyle.
Adopted:
Revised:
February 10, 1997
JFCI
ALCOHOL,
TOBACCO, E-CIGARETTE AND OTHER DRUGS POLICY
The
Lead-Deadwood Board of Education recognizes its share of the responsibility for
the health, welfare and safety of the students who attend the district’s
schools. Alcohol, tobacco, electronic cigarettes and other drug use is wrong
and harmful and can interfere with a student’s ability to learn and function
responsibly in the school setting and community. Anything that can interfere
with the development of an adolescent, therefore, must be evaluated as to its
impact to both the young person and the community. Psychoactive and mood
altering drugs can destroy the health and well-being of an individual. The
school community recognizes alcohol, tobacco, electronic cigarettes and/or
other drug use as a serious health problem and is committed to discouraging
this behavior and to encouraging young people to choose a drug free lifestyle
and to seek help should a problem arise. Student and parent members of the
school community are expected to know and understand the policy provisions and
its mandatory nature. A copy of the policy will be provided to all students and
parents.
A student
shall not possess, use, transfer, conceal, sell, deliver or be under the
influence of narcotics, drugs, or alcohol, materials/substance represented to
be a drug or controlled substance, tobacco, electronic cigarettes, or chemical
substances which affect psychological functions or affect the educational
system of the school. This prohibition exists in school, on school properties,
in school vehicles, in personal vehicles on school property, or at school
activities, or in any other area where school-related functions are occurring.
Students shall not possess, use, transfer, conceal, sell, deliver or be under
the influence of alcohol, tobacco, electronic cigarettes, marijuana, any
controlled drug or substance, and any other mind or mood altering substance
including any drug paraphernalia as defined in SDCL 22-42A. The term drug
includes non-prescription or prescription drugs if the student cannot show that
they have a medical need for the possession of said items. Look-alike
substances or substances that mimic the effect of drugs will be treated as
illegal substances.
*Students
who use prescription drugs by a licensed physician do not violate this policy
if the students conform to policy JHCD. If students possess or use medications
without the appropriate paperwork and signatures as required by Board Policy
JHCD, the school office will contact the student’s parent/guardian and request
the correct forms be completed before administration or self-administration of
the medication can occur. Academic and/or disciplinary sanctions (including but
not limited to an educational project, suspension or expulsion) for students
violating Board Policy JHCD may be imposed or recommended by the building
administrator, depending upon the facts and circumstances involved.
Disciplinary Sanctions and
Implementation for Alcohol and Other Drugs:
The first
violation of this policy will result in ten days in or out-of-school
suspension, reduced to three days in or out-of-school suspension if the student
participates in a certified alcohol/drug diversion program. All costs are the
responsibility of the student and family. Parent/guardian participation in the
class is encouraged. A student will be allowed academic credit if all work is
turned in the day the student returns to school. The second violation of this
policy may result in long-term suspension. Parents/legal guardians and
appropriate legal authorities must be notified of incidents involving
possession or use of controlled substances, alcohol, and/or other drugs.
Staff members
and administrators may confiscate any controlled drug or substance, alcohol,
marijuana, and other mind or mood altering substance including drug
paraphernalia as defined
in SDCL
22-42A found on the school grounds or buildings. Any damage to school property
through the use of such products will be assessed to the student. Any student
who resists or becomes abusive upon being given a request by a staff member to
turn in these products will be treated as having a second violation of this
regulation.
Any person
adjudicated, convicted, the subject of an informal adjustment or court-approved
diversion program, or the subject of a suspended imposition of sentence or
suspended adjudication of delinquency for possession, use, or distribution of
controlled drugs or substances or marijuana as defined in chapter 24-42, or for
ingesting, inhaling, or otherwise taking into the body any substances as
prohibited by § 22-42-15, is ineligible to participate in any extracurricular
activity at any secondary school accredited by the Department of Education for
one calendar year from the date of adjudication, conviction, diversion, or
suspended imposition of sentence. The one-year suspension may be reduced to
sixty calendar days. Only days that fall within the approved school calendar
will be counted if the person participates in an assessment with a certified or
licensed addiction counselor. If the assessment indicates the need for a higher
level of care, the student is required to complete the prescribed program
before becoming eligible to participate in extracurricular activities.
Upon a
second adjudication, conviction, diversion, or suspended imposition of a
sentence for possession, use, or distribution of controlled drugs, substances,
or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or
otherwise taking into the body any substance as prohibited by § 22-42-15, by a
court of competent jurisdiction, that person is ineligible to participate in
any extracurricular activity at any secondary school accredited by the
Department of Education for one year from the date of adjudication, conviction,
diversion, or suspended imposition of sentence. The one year suspension may be
reduced to 120 calendar days. Only days that fall within the approved school
calendar will be counted if the person completes an accredited intensive
prevention or treatment program.
Upon a third
or subsequent adjudication, conviction, diversion, or suspended imposition of
sentence for possession, use, or distribution of controlled drugs or substances
or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or
otherwise taking into the body any substances as prohibited by § 22-42-15, by a
court of competent jurisdiction, that person is ineligible to participate in
any extracurricular activity at any secondary school accredited by the
Department of Education. Upon such a determination in any juvenile court
proceeding the Unified Judicial System shall give notice of that determination
to the South Dakota High School Activities Association and the chief
administrator of the school in which the person is participating in any
extracurricular activity. The Unified Judicial System shall give notice to the
chief administrators of secondary schools accredited by the Department of
Education for any such determination in a court proceeding for any person
eighteen to twenty-one years of age without regard to current status in school
or involvement in extracurricular activities. The notice shall include name,
date of birth, city of residence, and offense. The chief administrator shall
give notice to the South Dakota High School Activities Association if any such
person is participating In extracurricular activities.
Upon
placement of the person in an informal adjustment or court-approved diversion
program, the state’s attorney who placed the person in that program shall give
notice of that placement to the South Dakota High School Activities Association
and chief administrator of the school in which the person is participating in
any extracurricular activity.
As used in
this section, the term, extracurricular activity, means an activity sanctioned
by the South Dakota High School Activities Association. Students are ineligible
to participate in activity events, competitions, and performances, but a local
school district may allow a student to participate in practices.
If a
suspension is reduced pursuant to § 13-32-9, a suspension for a first offense
shall make the student ineligible for a minimum of two South Dakota High School
Activities Association sanctioned events upon completion of the reduced
suspension period. If a suspension is reduced pursuant to § 13-32-9, a
suspension for a second offense shall make the student ineligible for a minimum
of six South Dakota High School Activities Association sanctioned events upon
completion of the reduced suspension period. To count toward the minimum number
of events the student must participate in the entire activity season and may
not drop out or quit the activity to avoid suspension and the failure of a
student to complete the entire activity season shall result in the student
being ineligible for one year from the date of adjudication, conviction, the
subject of an internal adjustment or court approved diversion program, or the
subject of a suspended imposition of sentence of suspended adjudication of
delinquency. A suspension that is not completed by the student during one
activity season shall carry over to the next activity season in which the
student participates.
A suspension
begins on the day following the notification to a school administrator by the
Unified Judicial System that a student has been adjudicated, convicted, the
subject of an informal adjustment or court approved diversion program, or the
subject of a suspended imposition of a sentence or a suspended adjudication of
delinquency for possession, use, or distribution of controlled drugs,
substances, or marijuana as defined in chapter 22-42, or for ingesting,
inhaling, or otherwise taking into the body any substance prohibited by § 22-42-15
and the school administrator gives notice to the South Dakota High School
Activities Association and the students.
Disciplinary Sanctions for
Tobacco/Electronic Cigarettes, and Implementation Procedures:
The first
violation of this policy will result in three days in or out-of-school
suspension, reduced to one-day in or out-of-school suspension if the student
participates in a tobacco/nicotine cessation class. All costs are the
responsibility of the student and family. Parent participation in the class is
encouraged. A student will be allowed academic credit if all work is turned in
the day the student returns to school. The second violation of this policy will
result in three days in or out-of-school suspension with no academic credit
available. Third and subsequent violations of this policy will result in
long-term suspension. Parents/legal guardians and appropriate legal authorities
must be notified in incidents involving possession or use of tobacco and/or
electronic cigarettes.
Staff
members and administrators may confiscate any cigarettes, smoking materials,
electronic cigarettes, or chewing tobacco brought on the school grounds or
building. Any damage to school property through the use of tobacco products and
electronic cigarettes, will be assessed to the student. Any student who resists
or becomes abusive upon being given a request by a staff member to turn in
tobacco products and/or electronic cigarettes, may be treated as having a
second violation of this regulation.
Adopted:
Revised:
Revised: March 13, 2007
Revised: February 14, 2012
Revised: June 10, 2014
Revised: March 12, 2019
JFCJ
POSSESSION
OR USE OF WEAPONS ON SCHOOL PROPERTY
The Board of Education recognizes that
the presence of weapons in school not only creates unacceptable risks of injury
or death, but also creates a climate that undermines the educational purposes
of schools. Accordingly, it is the
policy of the Board to forbid the possession, custody, and use of weapons by
students and other unauthorized persons on school premises or school-sponsored
transportation or to any school function at any time of the day or year.
This policy is enacted to implement
the requirements of the federal Gun Free Schools Act of 1994, 33 U.S.C. § 3351
(a) (1) and the provisions of SDCL 13-32-7 prohibiting the possession of
firearms and air guns on or around any school property. It is, therefore, the intention of the Board
that this policy is to be interpreted to conform to provisions of those
referenced laws.
1. Definitions
a. Weapon: For purposes of this policy, a “weapon” is
any firearm, air gun, knife, explosive, or other object, even if manufactured
for a nonviolent purpose, that has a potentially violent use, or any
“look-a-like” object that resembles an object that has a potentially violent
use, if, under the surrounding circumstances, the purpose of keeping or
carrying the object is for use, or threat of use, as a weapon. This definition does not apply to normal
school supplies such as pencils or compasses.
b. Firearm: For purposes of this policy, and for purposes
of compliance with the federal Gun Free Schools Act, a “firearm” is defined as
any weapon, including a starter gun, which will or is designed to or may
readily be converted to expel a projectile by the action of an explosive; the
frame or receiver of any such weapon; any firearm muffler or firearm silencer,
or any destructive device as defined in 18 U.S.C. 921.
2. Prohibitions
and Exceptions
No person,
including students, shall bring a weapon onto any school premises and no
student shall carry or keep any weapon while attending or participating in any
school activity, including during transportation to or from such activity or
otherwise use or possess a weapon brought there by another. This ban does not apply to starting guns
while in use at athletic events; firearms or air guns at firing ranges, gun
shows, and supervised schools or sessions for training in the use of firearms;
or to the ceremonial presence of unloaded weapons at color guard ceremonies.
3. Enforcement
and Disciplinary Measures
a. Any
student found to be in violation of this policy due to possession of any weapon shall be subject to discipline
including short-term suspension up to ten (10) school days, long-term
suspension up to ninety (90) school days, or expulsion.
b. However,
any student who is found to be in violation of this policy due to the
intentional possession of a firearm, air
gun, or other destructive device, as defined in this policy, shall be
expelled from school for a period of not less than one calendar year, provided
that the Board of Education may modify such disciplinary measure in their
discretion.
c. In
addition to administrative and school board disciplinary action, any student
who has brought a firearm, air gun, or other destructive device onto school
premises or to any school activity or onto any vehicle used to transport to or
from any such activity, shall be reported to local law enforcement authorities.
4. This Policy
Shall be Interpreted in a Manner Consistent with the Individuals with
Disabilities Education Act (IDEA)
a. In
accordance with the provisions of 20 U.S.C § 141e(3)(B) of the IDEA, a child
with a disability who is determined to have brought a weapon to a school under
the jurisdiction of the school district may be placed in an interim alternative
educational setting as specified by the IEP team.
b. If the
parent or guardian requests a due process hearing, the child shall remain in
the alternative educational setting during the pendency of such proceedings,
unless the parents and school officials agree otherwise.
DAMAGE OR DESTRUCTION OF SCHOOL PROPERTY
A student shall not intentionally cause or attempt to cause
substantial damage to valuable school property or steal or attempt to steal
school property of substantial value. Repeated damage or theft involving
school property of school value also shall be a basis for long-term suspension
or expulsion from school.
Students on activity trips, whether athletic or in other
activities, will be personally responsible for vandalism, accidental
destruction of property or misdemeanors while on the trip.
Adopted:
September 1967
Revised:
February 10, 1997
Revised: June 13, 2017
Guidance
Concerning State and Local Responsibilities Under the Gun-Free Schools Act
I. Introduction
This guidance
provides information concerning State and local responsibilities under the
Gun-Free School Act (GFSA), which was reauthorized by the No Child Left Behind
(NCLB) Act of 2001 (Public Law 107-110), as Section 4141 of the Elementary and
Secondary Education Act of 1965 (ESEA).
This guidance addresses changes made as a result of the NCLB
reauthorization.
II. Background
As originally
enacted on March 31, 1994, as part of the Goals 2000: Educate America Act
(Public Law 103-227), and reauthorized on October 20, 1994, as part of the
Improving America’s Schools Act of 1994 (Public Law 103-382), the GFSA required
each State receiving ESEA funds to have in effect a State law requiring local
educational agencies (LEAs) to expel from school for a period of not less than
one year a student who was determined to
have brought a weapon to school. The
GFSA also required that a State’s law allow the chief administering officer of
the LEA in question to modify the expulsion requirement on a case-by-case
basis. The U.S. Department of Education
(Department) provided nonregulatory guidance on previous GFSA provisions to
Governors and Chief State School Officers on August 1, 1994; January 20, 1995;
November 3, 1995; and October 2, 2000.
III. Summary
of the New Law
A. What stayed the same?
LEAs are still
required to have an expulsion policy consistent with the required State law to
be eligible to receive ESEA funds. LEAs
must have a policy requiring referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm to a school under the
control and supervision of an LEA. In
accordance with the GFSA, no ESEA funds may be made available to an LEA unless
that LEA has the required referral policy.
The GFSA still
must be construed in a manner consistent with the Individuals with Disabilities
Education Act (IDEA). By using the
case-by-case exception, LEAs will be able to discipline students with
disabilities in accordance with the requirements of Part B of the IDEA and
Section 504 of the Rehabilitation Act (Section 504) and maintain eligibility
for Federal financial assistance. The
Department has issued separate, more detailed guidance on discipline of
students with disabilities, which includes clarification on the implementation
of the GFSA consistent with IDEA and Section 504. More information can be found at www.ed.gov/offices/OSERS/Policy/IDEA/Discipline_qa.doc
B. What changed?
Under the
NCLB, certain statutory provisions were clarified to ensure that States and
LEAs comply fully with the intent of the GFSA.
Clarifications to the GFSA include:
(1) That the existing one-year expulsion
requirement in each State’s law include students who are determined to have
possessed a firearm at school;
(2) A requirement that the chief administering
officer of the LEA develop a written record of any case-by-case modifications
of the one-year expulsion requirement;
(3) That the GFSA does not apply to a firearm that
is lawfully stored inside a locked vehicle on school property, or if is for
activities approved and authorized by the local educational agency (LEA), so
long as the LEA adopts appropriate safeguards to ensure student safety.
Although
States are not required to revise their State laws as a result of these
clarifications, a State or LEA may consider implementing or revising its
policies to address the revised GFSA requirements.
The Department
has prepared the following questions and answers to assist States, State
educational agencies (SEAs), and LEAs in implementing the GFSA
requirements. Please note that most of
the questions and answers have been revised as a result of the reauthorized
GFSA.
IV. Questions
and Answers
Q1. What entities do the provisions of the GFSA
affect?
A1. Each State, as well as its SEA and LEAs, has
responsibilities under the GFSA.
Q2. Are private schools subject to the
requirements of the GFSA?
A2. Private schools are not subject to the
provisions of the GFSA, but private school students who participate in LEA
programs or activities are subject to the one-year expulsion requirement to the
extent that such students are under the supervision and control of the LEA as
part of their participation in the LEA’s programs. For example, a private school student who
participates in a Federal program, such as Title I, is subject to a one-year
expulsion, from participating in any Federal program funded under the ESEA, not
a one-year expulsion from the private school.
Of course, nothing prohibits a private school from imposing a similar
expulsion from the private school on a student who brings a weapon to school or
possesses a weapon at school.
Q3. Is compliance with the requirements of the
GFSA a condition for the receipt of Federal financial assistance under the
ESEA?
A3. Yes,
compliance with the requirements of the GFSA is a condition for the
receipt of funds made available to the State under the ESEA (and also under
Title VII of the McKinney-Vento Homeless Assistance Act).
Q4. Will failure to comply with the requirements
of the GFSA result in the termination or withholding of funds made available to
the State under ESEA?
A4. Under the provisions of the General
Education Provisions Act, failure to comply with the requirements of the GFSA
could result in the withholding of funds made available to the State under the
ESEA (and under Title VII of the McKinney-Vento Homeless Assistance Act).
Q5. Does the GFSA’s one-year expulsion
requirement preclude any due process proceedings?
A5. No.
Students facing expulsion from school are entitled under the U.S.
Constitution and most State constitutions to the due process protection of notice
and an opportunity to be heard. If,
after due process has been accorded, a student is found to have brought a
firearm to school, or to have possessed a firearm at school, the GFSA requires
an expulsion for a period of not less than one year (subject to the
case-by-case exception discussed below).
Q6. What does the GFSA require of States?
A6. The GFSA requires that each State receiving
Federal funds under the ESEA: (1) have in effect a State law requiring LEAs to
expel from school for a period of not less than one year a student who is
determined to have brought a firearm to school, or to have possessed a firearm
at school; (2) have in effect a State law allowing an LEA’s chief administering
officer to modify the expulsion requirement on a case-by-case basis, if such
modification is in writing; and (3) report to the Secretary on an annual basis
concerning information submitted by LEAs to the SEA. SEAs must also ensure that no ESEA funds are
made available to an LEA that does not have a referral policy consistent with
Section 4141(h) of the GFSA. Details on
these requirements follow.
One-Year
Expulsion Requirement
Each State’s
law must require LEAs to comply with a one-year expulsion requirement; that is,
subject to the exception discussed below, any student who brings a firearm to
school, or possesses a firearm at school, must be expelled for not less than
one year.
Case-By-Case
Exception
Each State’s
law must allow the chief administering officer of an LEA to modify the one-year
expulsion requirement on a case-by-case basis, but only if the modification is
in writing. For children with
disabilities, the provisions of IDEA apply.
The GFSA must be construed in a manner consistent with IDEA.
Annual
Reporting
Each State
must report annually on LEA compliance with the one-year expulsion requirement,
and on the circumstances surrounding any expulsions imposed under the State
law, including the number of students expelled in each LEA and the types of
firearms involved.
Q7. What does the GFSA require of LEAs?
A7. The GFSA requires that LEAs (1) comply with
the State law requiring the one-year expulsion; (2) provide an assurance of
compliance to the SEA; (3) provide descriptive information to the SEA
concerning the circumstances surrounding any LEAs’ expulsions; and (4) adopt a
referral policy for students who bring a firearm to school or possess a firearm
at school. Details follow.
One-Year
Expulsion Requirement
LEAs must
comply with the State law requiring a one-year expulsion; that is, subject to
the case-by-case exception, and for children with disabilities, the
requirements of IDEA, any student who brings a firearm to school, or possesses
a firearm at school, must be expelled for not less than one year. A case-by-case exception must be in writing
and may include children with disabilities in order to meet the requirements of
IDEA.
LEA Assurance
An LEA must
include in its application to the SEA for ESEA assistance an assurance that the
LEA is in compliance with the State law requiring the one-year expulsion.
Descriptive
Report to SEA
An LEA must
include in its application for ESEA assistance a description of the
circumstances surrounding expulsions imposed under the one-year expulsion
requirement, including:
(A) the name of the school concerned;
(B) the number of students expelled from the
school; and
(C) the type of firearms concerned.
Referral
Policy
LEAs must also
implement a policy requiring referral to the criminal justice of juvenile
delinquency system of any student who brings a firearm to school or possesses a
firearm at school.
Q8. In annual compliance reports, must LEAs and
SEAs include information about an infraction under the GFSA even if the
case-by-case modification provisions are used and no penalty is imposed?
A8. Information about any incidents covered by
the GFSA must be included in annual reports furnished by LEAs and SEAs. Each incident in which a student is found to
have brought a firearm (meeting the definition at 18 U.S.C. 921) to school, or
to have possessed a firearm at school, must be reported as an infraction, even
if the chief administering officer elects to shorten the expulsion or impose no
penalty. Any incidents in which a
student covered by the provisions of the IDEA brings a firearm to school must
also be included, even if it is determined that the incident is a manifestation
of the student’s disability and that the GFSA penalties should be modified or
not imposed. Modifications of the
one-year expulsion requirement must also be reported.
Q9. When must an LEA submit the required
assurance?
A9. In its application to the SEA for ESEA
funds, the LEA must include an assurance that the LEA is in compliance with the
State law. The assurance must be
included each time the LEA files such an application.
Q10. What is the role of the SEA in determining
whether an LEA is in compliance with the GSFA?
A10. The GFSA requires States to report to the
Secretary on an annual basis concerning LEA compliance. Therefore, before awarding any ESEA funds to
an LEA, the SEA must ensure that the LEA has: (1) implemented a policy
requiring referral to the criminal justice or juvenile delinquency system of
any student who brings a firearm to school; and (2) included in its application
for ESEA funds the assurance and other information required by the GSFA. SEAs must ensure that the LEA application
contains:
(1) an assurance that the LEA is in compliance
with the State law requiring the one-year expulsion; and
(2) a description of the circumstances
surrounding expulsions imposed under the one-year expulsion requirement,
including:
(A) the name of the school concerned
(B) the number of students expelled from the
school; and
(C) the type of firearms concerned.
Q11. Who is an LEA’s “chief administering officer”?
A11. The GFSA allows only the LEA’s chief
administering officer to modify the one-year expulsion requirement on a
case-by-case basis. However, the term
“chief administering officer” is not defined by the GFSA. Each LEA should determine, using its own
legal framework, which officer or authority (e.g. Superintendent, Board, etc.)
is the chief administering officer under the GFSA and has the power to modify
the expulsion requirement.
Q12. May any individual or entity other than the
LEA’s “chief administering officer” modify the one-year expulsion requirement
on a case-by-case basis?
A12. No.
While, the chief administering officer may allow another individual or
entity to carry out preliminary information-gathering functions and prepare a
recommendation for the chief administering officer, the chief administering
officer retains the responsibility for the final decision.
Q13. What procedural requirements must the LEA’s
chief administering officer follow in modifying the one-year expulsion
requirement?
A13. Modifications of the one-year expulsion
requirement must be issued in writing by the chief administering officer.
Q14. Is it permissible for an LEA to use the
case-by-case exception to avoid compliance with the one-year expulsion
requirement?
A14. No, this exception may not be used to avoid
over-all compliance with the one-year expulsion requirement.
Q15. How is the term “firearm” defined?
A15. For the purposes of the GFSA, the term
“firearm” is defined in Section 921(a) of Title 18 of the United States Code.
According to
Section 921(a), the following are included within the definition:
--any weapon
(including a starter gun) that will be, or is designed to or may readily be,
converted to expel a projectile by the action of an explosive
--the frame or
receiver of any weapon described above
--any firearm
muffler or firearm silencer
--any
destructive device, which includes:
(a) any explosive, incendiary, or poison gas,
including a
(1) bomb,
(2) grenade,
(3) rocket having a propellant charge of more
than four ounces,
(4) missile having an explosive or incendiary
charge of more than one-quarter ounce,
(5) mine, or
(6) similar device
(b) any weapon that will, or that may be readily
converted to, expel a projectile by the action of an explosive or other
propellant, and that has any barrel with a bore of more than one-half inch in
diameter
(c) any combination or parts either designed or
intended for use in converting any device into any destructive device described
in the two immediately preceding examples, and from which a destructive device
may be readily assembled.
According to
Section 921, antique firearms are not included in the definition. In addition, we have been advised by the
Bureau of Alcohol, Tobacco, and Firearms that Class-C common fireworks are not
included in the definition of firearm.
For additional information about whether a particular weapon is a “firearm”
under this definition, contact the Safe and Drug-Free Schools Program at (202)
260-3954 for a referral to the nearest Bureau of Alcohol, Tobacco and Firearms
field office.
Q16. Does the GFSA preclude classes such as hunting
safety or military education, or activities such as before- or after-school
hunting, or rifle clubs, that may involve the handling or use of weapons?
A16. No. The
statute specifically states that the requirements of the GFSA do not apply to a
firearm lawfully stored inside a locked vehicle on school property, or to
activities approved and authorized by an LEA, provided that the LEA has adopted
appropriate safeguards to ensure student safety.
The Secretary
interprets the GFSA not to forbid school districts from allowing firearms at
school when students intend to use firearms solely for before- or after-school
hunting purposes, provided the school district’s determination to permit
firearms is made and disseminated in advance, as part of LEA policy, and is
consistent with the intent and purposes of the GFSA to prevent violence and
create an environment conducive to learning.
For example, if a local school district approves an extra-curricular
program such as a rifle club, or allows students to bring firearms solely for
before- or after-school hunting, the activities would not violate the GFSA if
the school district:
--determines
that the activity is consistent with the intent and purposes of the GFSA;
--provides
notice as part of its GFSA policy that the activities are approved and authorized;
and
--adopts
appropriate safeguards to ensure student safety.
If any
firearms are to be allowed for these limited purposes, local school districts
are cautioned to consider all applicable local, State, and Federal laws
pertaining to the possession of firearms.
In particular, school districts should be aware that Federal and some
State laws prohibiting juveniles from possessing handguns may be
applicable. School districts that permit
students to bring firearms to school for these limited purposes must adopt
appropriate safeguards to ensure student safety, consistent with the purposes
of GFSA.
Q17. Are knives considered firearms under the GFSA?
A17. No, for the purposes of the GFSA, the
definition of firearm does not include knives.
Q18. What is meant by the term “expulsion”?
A18. The term “expulsion” is not defined by the
GFSA; however, at a minimum, expulsion means removal from the student’s regular
educational program.
Expulsion does
not mean merely moving a student from a regular program in one school to a
regular program in another school. Care
should be taken by local officials to ensure that a student who is determined
to have brought a firearm to school, or to have possessed a firearm at school,
is effectively removed from that setting.
Q19. Is a State, SEA, or LEA required to provide
alternative educational services to students who have been expelled for
bringing a firearm to school?
A19. The GFSA neither requires nor prohibits the
provision of alternative educational services to students who have been
expelled. Other Federal, State, or local
laws may, however, require that students receive alternative educational
services in certain circumstances.
Q20. What is an ‘alternative setting” for the
provision of educational services to an expelled student?
A20. An alternative setting is one that is clearly
distinguishable from the student’s regular school placement. Alternative settings are typically
established for students who have been removed from the regular school program.
Q21. Is Federal funding available to provide
educational services in alternate settings?
A21. Yes, formula grants awarded under the Safe and
Q22. Do the requirements of the GFSA conflict with
requirements that apply to students with disabilities?
A22. No.
Compliance with the GFSA may be achieved consistent with the
requirements that apply to students with disabilities, so long as discipline of
those students is determined on a case-by-case basis in accordance with the
IDEA and Section 504. The Department has
issued separate, more detailed guidance on discipline of students with
disabilities, which includes clarification on the implementation of the GFSA
consistent with IDEA and Section 504 www.ed.gov/offices/OSERS/Policy/IDEA/Discipline_qa.doc
Q23. Is it permissible to expel a student for a
school year rather than a year?
A23. No. The
statute explicitly states that expulsion shall be for a period of not less than
one year.
Q24. Does the expulsion requirement apply only to
violations occurring in the school building?
A24. No. The
one-year expulsion requirement applies to students who bring firearms to, or
possess firearms at, any setting that is under the control and supervision of
the LEA.
Adopted:
March 9, 2010
JFCK
LEAD-DEADWOOD
EXTRA-CURRICULUAR ACTIVITY TRAINING RULES
The following
constitute a violation of this policy:
·
a
student shall not have in possession, use, or have been charged by law
enforcement with the possession, use or consumption of a beverage containing
alcohol.
·
have
in possession, use, or have been charged by law enforcement with possession,
use, or consumption of tobacco products;
·
have
in possession, use, or have been charged by law enforcement with possession,
use, or consumption of electronic cigarettes, vaping, juuling, or other similar
offenses;
·
or
have in possession, use, or have been charged by law enforcement with
possession, use, or consumption of an illicit drug as defined by law.
Guidelines and Clarification:
1.
Any
quantity of the aforementioned substances is a violation.
2.
This
policy pertains to any violation on any day of the year (calendar year--defined as Jan 1st through Dec 31st),
regardless of whether or not school is in session.
3.
No
distinction will be made between any of the extra-curricular activities
sponsored by this school district. This
also involves club sport activities that carry the Lead-Deadwood High School
name.
4.
Violations
will not carry over from middle school to high school unless the student
participant participates at the high school level as a 7th or 8th
grader.
5.
Violations
and penalties apply to each activity in which the student participates.
6.
Offenses
are cumulative over the high school career.
7.
Despite
the differentiation in length of suspensions depending on what the violation is
for, all accountability for second and third violations will be based on
aggregate violations of all types, not violations of a particular sort. Three
violations of any sort will lead to loss of eligibility for the remainder of
their high school career.
8.
All
disciplinary actions may be appealed to the Superintendent of Schools.
9.
School
Administrators reserve the right to review each situation on a case-by-case
basis.
10.
When
serving a suspension, a student must complete the season. The student athlete must finish the season
for the suspension to be recognized. Suspensions will be carried over from one
sport to the next sport season if the entire suspension has not been served.
11.
Students
who are on suspension for having violated co-curricular regulations may practice
but cannot participate in extra-curricular activity competitions or
performances during their suspension. They may not “sit on the bench,” “dress
out,” or “travel with the team”
Confirmation
Confirmation of a co-curricular regulation
violation by the school administration can occur through the following methods:
·
Admission
from the student participant or the student’s parent or guardian;
·
Release
of names to the school district from law enforcement of students violating this
policy;
·
A
school district administrator has factual proof that a violation has occurred.
Penalties
and Recommendations for violations not under SDCL 13-32-9 Violations for the
following:
·
have
in possession, use, or have been charged by law enforcement with possession,
use, or consumption of tobacco products;
·
have
in possession, use, or have been charged by law enforcement with possession,
use, or consumption of electronic cigarettes, vaping, juuling, or other similar
offenses;
First
Violation:
After confirmation, by the school administration,
of the first violation, the student shall lose eligibility from competition for
40% of the regularly scheduled season.
For activities with multiple contest events, such as a volleyball or
wrestling, each tournament/event will be computed into the length of
suspension, not the number of games or matches played during the
tournament/event. If less than 40% of
the season is left at the time of the violation, the appropriate number of post
season contests will be applied to the suspension to complete the 40%. Suspensions will be carried over from one
sport to the next sport season if the entire suspension has not been served.
Said suspension may be reduced to 20%, of the
regularly scheduled season if the student chooses to enroll in a chemical health awareness assistance
program through a certified chemical dependency counselor. Evidence of said enrollment must be verified
by school administration before suspension will be reduced. The student must
comply with the coordinator’s recommendations.
The student will be responsible to cover costs of the program.
b. Second Violation:
After confirmation, by the school administration,
of the second violation, the student shall lose eligibility from competition
for 80% of the regularly scheduled season.
For activities with multiple contest events, such as a volleyball or
wrestling, each tournament/event will be computed into the length of
suspension, not the number of games or matches played during the
tournament/event. If less than 80% of
the season is left at the time of the violation, the appropriate number of post
season contests will be applied to the suspension to complete the 80%. Suspensions will be carried over from one
sport to the next sport season if the entire suspension has not been served.
Said suspension may be reduced to 40%, of the
regularly scheduled season if the student chooses to enroll in a chemical health awareness assistance
program through a certified chemical dependency counselor. Evidence of said enrollment must be verified
by school administration before suspension will be reduced. The student must
comply with the coordinator’s recommendations.
The student will be responsible to cover costs of the program.
The student must comply with the coordinator’s
recommendations. The student will be
responsible to cover costs of the program.
c. Third Violation:
After confirmation by the school administration
of the third or subsequent violation the student shall lose eligibility for the
remainder of their high school career.
It is recommended that the student complete an out-patient or in-patient
treatment program.
Penalties
and Recommendations for violations not under SDCL 13-32-9 Violations for the
following:
·
a
student shall not have in possession, use, or have been charged by law
enforcement with the possession, use or consumption of a beverage containing
alcohol.
·
or
have in possession, use, or have been charged by law enforcement with
possession, use, or consumption of an illicit drug as defined by law.
a. First Violation:
After confirmation, by the school
administration, of the first violation, the student shall lose eligibility from
competition for 50% of the season. For
activities with multiple contest events, such as a volleyball or wrestling,
each tournament/event will be computed into the length of suspension, not the
number of games or matches played during the tournament/event. If less than 50% of the season is left at the
time of the violation, the appropriate number of post season contests will be
applied to the suspension to complete the 50%.
Suspensions will be carried over from one sport to the next sport season
if the entire suspension has not been served.
Said suspension may be reduced to 25%, if the
student chooses to enroll in a
chemical health awareness assistance program through a certified chemical
dependency counselor. Evidence of said
enrollment must be verified by school administration before suspension will be
reduced. The student must comply with the coordinator’s recommendations. The student will be responsible to cover
costs of the program.
b. Second Violation:
After confirmation, by the school administration,
of the second violation, the student shall lose eligibility from competition
for 100% of the season. For activities
with multiple contest events, such as a volleyball or wrestling, each
tournament/event will be computed into the length of suspension, not the number
of games or matches played during the tournament/event. If less than 100% of the season is left at
the time of the violation, the appropriate number of post season contests will
be applied to the suspension to complete the 100%. Suspensions will be carried over from one
sport to the next sport season if the entire suspension has not been served.
Said suspension may be reduced to 50%, if the
student chooses to enroll in a
chemical health awareness assistance program through a certified chemical
dependency counselor. Evidence of said
enrollment must be verified by school administration before suspension will be
reduced. The student and or family will be responsible for costs associated
with programs.
The student must comply with the coordinator’s
recommendations. The student will be
responsible to cover costs of the program.
c. Third Violation:
After confirmation by the school administration
of the third or subsequent violation the student shall lose eligibility for the
remainder of their high school career.
It is recommended that the student complete an out-patient or in-patient
treatment program.
Penalties
and Recommendations for violations under SDCL 13-32-9 Violations
Marijuana
and Other Drug Adjudications, Convictions, Diversions, or Suspended Sentences
Any person adjudicated,
convicted, the subject of an informal adjustment or court-approved diversion
program, or the subject of a suspended imposition of sentence or suspended
adjudication of delinquency for possession, use, or distribution of controlled
drugs or substances or marijuana as defined in chapter 22-42, or for ingesting,
inhaling, or otherwise taking into the body any substances as prohibited by §
22-42-15, is ineligible to participate in any extracurricular activity at any
secondary school accredited by the Department of Education for one calendar
year from the date of adjudication, conviction, diversion, or suspended imposition
of sentence. The one-year suspension may be reduced to thirty calendar days, if
the person participates in an assessment with a certified or licensed addiction
counselor. Only days that fall within the approved school calendar will be
counted. If the assessment indicates the need for a higher level of care, the
student is required to complete the prescribed program before becoming eligible
to participate in extracurricular activities.
Upon a second
adjudication, conviction, diversion, or suspended imposition of a sentence for
possession, use, or distribution of controlled drugs, substances, or marijuana
as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking
into the body any substance as prohibited by § 22-42-15, by a court of competent
jurisdiction, that person is ineligible to participate in any extracurricular
activity at any secondary school accredited by the Department of Education for
one year from the date of adjudication, conviction, diversion, or suspended
imposition of sentence. The one-year suspension may be reduced to sixty calendar days. Only days that fall within the
approved school calendar will be counted. If the person completes an accredited
intensive prevention or treatment program.
Upon a third or
subsequent adjudication, conviction, diversion, or suspended imposition of
sentence for possession, use, or distribution of controlled drugs or substances
or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or
otherwise taking into the body any substances as prohibited by § 22-42-15, by a
court of competent jurisdiction, that person is ineligible to participate in
any extracurricular activity at any secondary school accredited by the
Department of Education.
A
suspension begins on the day following the notification to a school
administrator by the Unified Judicial System that a student has been
adjudicated, convicted, the subject of an informal adjustment or court approved
diversion program, or the subject of a suspended imposition of a sentence or a suspended
adjudication of delinquency for possession, use, or distribution of controlled
drugs, substances, or marijuana as defined in chapter 22-42, or for ingesting,
inhaling, or otherwise taking into the body any substance prohibited by §
22-42-15 and the school administrator gives notice to the South Dakota High
School Activities Association and the students.
Adopted: March 13, 2007
Revised: March 12, 2013
Revised: March 12,
2019
Revised: October 8,
2019
JFCL
CONCUSSION POLICY
The Lead-Deadwood School District
desires the safe return to activity for all student/athletes participating in
extracurricular physical activities following an injury, but particularly after
a concussion. The goal of this policy is
to ensure that coaches, school staff, volunteers, student/athletes, and their
parents or guardian are aware of the short-term and long-term effects of
concussions. That concussed
student/athletes are identified, removed from play or practice immediately, and
given proper medical attention. Finally,
this policy is set so concussed student/athletes can return to play only after
receiving appropriate medical care, which may include taking the ImPACT test,
given time to heal, and are symptom free.
Parents/Guardians, along with all
student/athletes in grades 7-12 who participate in SDHSAA sanctioned
extracurricular activities will be required to sign concussion awareness forms
each year. If they do not, they may not
participate.
Any student/athlete who suffers a
concussion will be required to have a “Return to Competition, Practice Form”
signed by a health care professional, their parents/guardian, and a school
administrator before returning to action.
A healthcare provider trained and experienced in the evaluation,
management, and care of concussions includes a M.D., P.A., N.P., or an Athletic
Trainer certified in ImPACT testing. The ImPACT test will continue to be a key
component in determining a base line for our athletes if they do suffer a
possible concussion. Student athletes
who do not participate in the ImPACT test will not receive care related to
concussions, other injury related care, or preventive care from the Regional
Certified Athletic Trainer regardless of when or where the concussion or other
injury occurs. Student athletes who do
not participate in the ImPACT testing, will still be subject to all other
requirements of this policy.
Adopted: July
12, 2011
Revised: April
14, 2015
Also adopted: July 12, 2011
Policy
JFCL-R(1), Return to Competition,
Practice or Training
Policy
JFCL-R(2), Concussion Fact Sheet for
Athletes
Policy JFCL-R(2), Concussion Fact Sheet for
Parents
JFCL-R(1)
RETURN TO COMPETITION, PRACTICE OR TRAINING
This form is to
be used after a youth athlete is removed from, and not returned to,
competition, practice, or training after exhibiting concussion symptoms. The youth athlete should not be returned to
competition, practice, or training until written authorization is obtained from
an appropriate health care professional and the parent/guardians. A licensed health care provider is a person
who is (1) Registered, certified, licensed, or otherwise recognized in law by
the State of South Dakota to provide medical treatment; and (2) Trained and
experienced in the evaluation, management, and care of concussions. This form should be kept on file at the
school and need not be forwarded to the SDHSAA Office.
Athlete:
School: Grade:
Sport: Date of Injury:
REASON FOR ATHLETE’S INCAPACITY
Guidelines for returning to competition, practice, or
training after a concussion
Note: Each
step should be completed with no concussion symptoms before proceeding to the
next step.
1.
No activity,
complete rest with no symptoms.
2.
Light
exercises: walking or stationary cycling with no symptoms.
3.
Sport
specific activity without body contact and no symptoms.
4.
Practice
without body contact and no symptoms.
Resume resistance training.
5.
Practice with
body contact and no symptoms.
6.
Return to
game play with no symptoms.
Note:
1.
If symptoms
return at any time during the rehabilitation process, wait until asymptomatic for
1 full day, then re-start at the previous step.
2.
Never return
to competition with symptoms.
3.
Do not use
“smelling salts”.
4.
When in doubt, sit
them out.
HEALTH
CARE PROFESSIONAL’S ACTION
I have examined the named student-athlete following
this episode and determined the following:
Permission is
granted for the
athlete to return to competition, practice, or training.
Permission is not
granted for the
athlete to return to competition, practice, or training.
COMMENT:
Date:
Health Care Professional
Date:
Parent/Guardian
Date:
School Administrator
CONCUSSION FACT SHEET FOR ATHLETES
What is a
concussion?
A concussion is a brain injury
that:
·
Is caused by a
bump, blow, or jolt to the head or body
·
Can change
the way your brain normally works
·
Can occur
during practices or games in any sport or recreational activity
·
Can happen
even if you haven’t been knocked out
·
Can be
serious even if you’ve just been “dinged” or “had your bell rung”
All
concussions are serious. A concussion
can affect your ability to do schoolwork and other activities (such as playing
video games, working on a computer, studying, driving, or exercising). Most people with a concussion get better, but
it is important to give your brain time to heal.
What are the symptoms of a concussion?
You can’t see
a concussion, but you might notice one or more of the symptoms listed below or
that you “don’t feel right” soon after, a few days after, or even weeks after
the injury.
·
Headache or
“pressure” in head
·
Nausea or
vomiting
·
Balance
problems or dizziness
·
Double or
blurry vision
·
Bothered by
light or noise
·
Feeling
sluggish, hazy, foggy, or groggy
·
Difficulty
paying attention
·
Memory
problems
·
Confusion
What should I do if I think I have a concussion?
·
Tell your coaches
and your parents. Never ignore a bump or blow to the head even
if you feel fine. Also, tell your coach
right away if you think you have a concussion or if one of your teammates might
have a concussion.
·
Get a medical
check-up. A doctor or other health care
professional can tell if you have a concussion and when it is OK to return to
play.
·
Give yourself time
to get better. If you have a concussion, your
brain needs time to heal. While your
brain is still healing, you are much more likely to have another
concussion. Repeat concussions can
increase the time it takes for you to recover and may cause more damage to your
brain. It is important to rest and not
return to play until you get the OK from your health care professional that you
are symptom-free.
How can I prevent a concussion?
Every sport
is different, but there are steps you can take to protect yourself.
· Use the proper sports equipment,
including personal protective equipment.
In order for equipment to protect you, it must be:
-
The right
equipment for the game, position, or activity
-
Worn
correctly and the correct size and fit
-
Used every
time you play or practice
·
Follow your
coach’s rules for safety and the rules of the sport
·
Practice good
sportsmanship at all times
It’s better to miss one game than the whole season.
Student’s
Signature: Date:
Parent’s/Guardian’s
Signature: Date:
THIS FORM MUST BE SIGNED ANNUALLY AND
MUST BE AVAILABLE FOR INSPECTION AT THE SCHOOL.
JFCL-R(2)
CONCUSSION FACT SHEET FOR PARENTS
What is a concussion?
A concussion
is a brain injury. Concussions are
caused by a bump, blow, or jolt to the head or body. Even or what seems to be a mild bump or blow
to the head can be serious.
What are the signs and symptoms?
You can’t see
a concussion. Signs and symptoms of concussion
can show up right after the injury or may not appear or be noticed until days
after the injury. If your teen reports,
one or more symptoms of concussion listed below, or if you notice the symptoms
yourself, keep your teen out of play and seek medical attention right away.
|
Signs Observed By Parents or
Guardians |
Symptoms Reported by Athlete |
|
·
Appears
dazed or stunned ·
Is confused
about assignment or position ·
Forgets an
instruction ·
Is unsure
of game, score, or opponent ·
Moves
clumsily ·
Answers
questions slowly ·
Loses
consciousness (even briefly) ·
Shows mood,
behavior, or personality changes ·
Can’t
recall events prior to hit or fall ·
Can’t
recall events after hit or fall |
·
Headache or
“pressure” in head ·
Nausea or
vomiting ·
Balance problems
or dizziness ·
Double or
blurry vision ·
Sensitivity
to light or noise ·
Feeling
sluggish, hazy, foggy, or groggy ·
Concentration
or memory problems ·
Confusion ·
Just not
“feeling right” or is “feeling down” |
How can you help your teen prevent a concussion?
Every sport
is different, but there are steps your teens can take to protect themselves
from concussion and other injuries.
·
Make sure
they wear the right protective equipment for their activity. It should fit properly, be well maintained,
and be worn consistently and correctly.
·
Ensure that
they follow their coaches’ rules for safety and the rules of the sport.
·
Encourage
them to practice good sportsmanship at all times.
What should you do if you think your teen has a concussion?
1.
Keep your teen out
of play. If your teen has a concussion,
her/his brain needs time to heal. Don’t
let your teen return to play the day of the injury and until a health care
professional, experienced in evaluating for concussion, says your teen is
symptom-free and it’s OK to return to play.
A repeat concussion that occurs before the brain recovers from the first
– usually within a short period of time (hours, days, or weeks) – can slow
recovery or increase the likelihood of having long-term problems. In rare cases, repeat concussion can result
in edema (brain swelling), permanent brain damage, and even death.
2.
Seek medical
attention right away. A health care professional
experienced in evaluating for concussion will be able to decide how serious the
concussion is and when it is safe for your teen to return to sports.
3.
Teach your teen
that it’s not smart to play with a concussion.
Rest is key
after a concussion. Sometimes athletes
wrongly believe that it shows strength and courage to play injured. Discourage others from pressuring injured
athletes to play. Don’t let your teen
convince you that s/he’s “just fine”.
4.
Tell all of your
teen’s coaches and student’s school nurse about ANY concussion. Coaches, school nurses, and other school staff
should know if your teen has ever had a concussion. Your teen may need to limit activities while
s/he is recovering from a concussion.
Things such as studying, driving, working on a computer, playing video
games, or exercising may cause concussion symptoms to reappear or get
worse. Talk to your health care
professional, as well as your teen’s coaches, school nurse, and teachers. If needed, they can help adjust your teen’s
school activities during her/his recovery.
Parent’s/Guardian’s
Signature Date
THIS FORM
MUST BE SIGNED ANNUALLY AND MUST BE AVAILABLE FOR INSPECTION AT THE SCHOOL.
JFG
INTERROGATIONS,
SEARCHES AND SEIZURE
School lockers, desks, textbooks and equipment are school property, loaned or rented for the student’s convenience and legitimate purposes. School officials, therefore, have not only the right, but duty to inspect school lockers, facilities and grounds periodically or on an ad hoc basis in making the school a “safe” environment. Said inspections may include the use of law enforcement canine units trained in the detection of illegal drugs and chemical substances.
Illegal items, including drugs and weapons, or other possessions prohibited by law or school policy, or which constitutes a threat to the safety or security of the building and/or its occupants may be seized by school authorities at any time.
When there is reasonable basis for school authorities to believe that: 1) a student may be under the influence of alcohol or a chemical substance; 2) is in possession or an item(s) which is prohibited by law or school policy or which constitutes a threat to the health, welfare, or safety of others or the facilities themselves; or 3) have knowledge of a criminal act or violation of a school rule, a search of the student (no strip searches allowed), the student’s belongings, and/or his/her school properties may be conducted.
It is the responsibility of school officials to make an effort to protect each student’s rights with respect to interrogations or searches by law enforcement officials. Therefore, prior to any questioning of a student or search of a student, the student’s belongings, and/or his/her school properties by law enforcement officials, the parent/guardian will be contacted by school officials. If the situation warrants, immediate “action” by law enforcement officials the school officials may proceed in a reasonable manner.
Adopted:
Revised:
JFI-R
DISRUPTION OF SCHOOL
A student shall not by use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance or any other conduct intentionally cause the substantial and material disruption or obstruction of an lawful mission, process, or function of the school.
Neither shall he/she engage in such conduct for the purpose of causing the substantial and material disruption or obstruction of any lawful mission, process, or function of the school if such a disruption or obstruction is reasonably certain to result.
Neither shall he/she urge other students to engage in such conduct for the purpose of causing the substantial and material disruption or obstruction of any lawful mission, process, or function of the school if a substantial and material disruption nor obstruction is reasonably certain to result from his/her urging.
While this list is not intended to be exclusive, the following acts—when done for the purpose of causing a substantial and material disruption or obstruction of any lawful mission, process or function of the school—illustrate the kinds of offenses encompassed here:
1. Occupying any school building, school grounds, or part thereof with intent to deprive others of its use;
2. Blocking the entrance or exit of any school building or corridor or room therein with intent to deprive others of lawful access to or from, or use of, the building or corridor or room;
3. Setting fire to or substantially damaging any school building or property;
4. Possessing, firing, displaying, or threatening use of firearms, explosives, knives or other weapons on the school premises for any purpose;
5. Prevention of or attempting to prevent by physical act the convening of continued functioning of any school, class or activity or of any lawful meeting or assembly on the school campus;
6. Preventing students from attending a class or school activity;
7. Except under the direct instruction of the principal, blocking normal pedestrian or vehicular traffic on a school campus; and
8. Continuously and intentionally making noise or acting in a manner so as to interfere seriously with the teacher’s ability to conduct his/her class.
Revised:
JFI-R2
BULLYING
The aim of the anti-bullying policy is to ensure that students learn in a supportive, caring and safe environment without fear of being bullied. Bullying is anti-social behavior and affects everyone; it is unacceptable and will not be tolerated. Bullying is defined as deliberately hurtful behavior, repeated over a period of time, where it is difficult for those being bullied to defend himself/herself. The three main types of bullying are:
· Physical (hitting, kicking, theft)
· Verbal (name calling, racist remarks)
· Indirect (spreading rumors, excluding someone from social groups)
The school district staff will be alert to the signs of
bullying and act promptly and firmly against it. If bullying is suspected, observed or
reported, the staff member who recognizes it or is alerted to it will be
expected to deal with the incident immediately.
After the initial act(s) of bullying are suppressed, the staff member
will record the incident and give documentation to the Principal. The Principal will then investigate the situation
further and take appropriate measure and disciplinary action (detention,
Students who have been bullied will be supported and have the opportunity to speak to a teacher, a counselor, a peer tutor if appropriate and/or an administrator about the event. Students will be reassured that this type of behavior is not acceptable and will not be tolerated.
Within the curriculum, the school district will raise the awareness of the nature of bullying through class lessons, assemblies and other appropriate methods of instruction in an attempt to eradicate such behavior. The school district will review this policy annually and assess it implementation and effectiveness. The policy will be promoted and implemented throughout the school district.
Adopted:
JFI-R3
DISRUPTION OF SCHOOL
A person, whether
pupil or not, who intentionally disturbs a public or nonpublic school when in
session or who intentionally interferes with or interrupts the proper order or
management of a public or nonpublic school by acts of violence, boisterous
conduct, or
threatening
language, so as to prevent the teacher or any pupil from performing their duty,
is guilty of a Class 2 misdemeanor.
(SDCL 13-32-6)
Adopted:
JFI-R4
CYBER BULLYING
The Board is
committed to providing a positive and productive learning and working
environment. Any form of harassment
using electronic devices, commonly known as “cyber bullying” by students or
staff or third parties is prohibited and will not be tolerated in the district.
“Cyber bullying”
is the use of any electronic communication device to convey a message in any
form (text, image, audio or video) that defames, intimidates, harasses or is
otherwise intended to harm, insult or humiliate another in a deliberate,
repeated or hostile and unwanted manner under a person’s true or false
identify. Students will refrain from
using personal communication devices or district property to harass or stalk
another. The district will take any
report of cyber bullying seriously and will investigate credible reports
promptly. Students are encouraged to
report an incident immediately to a teacher or principal, who will take
appropriate action. Students who make a
report are expected, but not required, to preserve evidence of cyber bullying.
The district may
revoke the privilege of a student, staff or third party, who uses district
equipment or electronic communication system to engage in cyber bullying to use
any district electronic equipment. The
district may revoke the privilege of a student, staff or third party, who uses
a personal communication device to engage in cyber bullying to bring any personal
communication device on district property or district-sponsored activities.
Students whose
behavior is found to be in violation of this policy will be subject to loss of
privileges, discipline, up to and including expulsion. Staff and third parties whose behavior is
found to be in violation of this policy will be subject to appropriate
sanctions as determined and imposed by the Superintendent or Board as provided
in Lead-Deadwood School District Personnel Policy and Procedures Manual and in
district policy KGB.
The district may
also report individuals to law enforcement if necessary.
Students and staff
will be responsible for complying with the district’s “Acceptable Use
Agreement” to ensure awareness of and compliance with district use policies.
Adopted:
JGA
CORPORAL PUNISHMENT
Corporal punishment may not be administered in the
Lead-Deadwood School District #40-1.
Adopted: May
14, 1990
Revised: February 10, 1997
Revised: June 12,
2018
STUDENT INCIDENT
INTERVENTION STRATEGIES
- Policy Rationale and Philosophy:
Reasonable efforts should be made to prevent the use of restraint and the use of seclusion. A non-aversive effective behavioral system such as Positive Behavioral Intervention and Supports (PBIS) should be used to create a learning environment that promotes the use of evidence-based behavioral interventions, thus enhancing academic and social behavioral outcomes for all students.
The District believes that the school environment should be one in which the care, safety, and welfare of all students and staff members are priorities. Efforts to promote positive interactions and solutions to potential conflict should be extensive. In the event that an individual’s behavior presents a threat of imminent harm to self or others the use of approved physical intervention or seclusion strategies to maintain a safe environment may be used as a last resort.
- Definitions:
- Positive Behavior Interventions and Support:
- A school-wide systematic approach to embed evidence-based
practices and data driven decision making to improve school climate and
culture in order to achieve improved academic and social outcomes, and
increase learning for all students, and
- Encompasses a wide range of systemic and individualized
positive strategies to reinforce desired behaviors, diminish
reoccurrences of challenging behaviors and teach appropriate behavior to
students.
- Physical Restraint:
- The use of physical contact that immobilizes or reduces the
ability of a student to move their arms, legs, body, or head freely.
Such term does not include a physical escort, mechanical restraint, or
chemical restraint.
- Physical restraint does not include brief, but necessary
physical contact for the following or similar purposes:
- To break up a fight;
- To knock a weapon away from a student's possession;
- To calm or comfort;
- To assist a student in completing a task/response if the
student does not resist the contact;
- To prevent an impulsive behavior that threatens the
student's immediate safety (i.e. running in front of a car).
- Seclusion:
The involuntary isolation of a student in a room, enclosure or space from which the student is prevented from leaving by physical restraint or by a closed door or other physical barrier. It does not include a timeout.
- Time Out:
A behavioral intervention in which a student, for a limited and specified time, is separated from the class within the classroom or in a non-locked setting for the purpose of self-regulating and controlling his or her own behavior. In a timeout, the student is not physically restrained or prevented from leaving the area by physical barriers.
- Requirements for the use of Physical Restraint:
Physical restraint may be used only when there is an immediate risk of physical harm to the student or others and no other safe and effective intervention is possible. If physical restraint is applied the staff member must: - implement in a manner that is age and developmentally
appropriate;
- ensure safety of other students and protect the dignity and
respect of the student involved. Combine use with other approaches
(non-physical interventions are always preferred) that will diminish the
need for physical intervention in the future;
- use the least amount of force necessary, for the least
amount of time necessary;
- be appropriately-trained;
- continually observe the student in restraint for indications
of physical or mental distress;
- contact appropriate emergency entities according to district
crisis policy if at any point the staff assesses that the intervention is
insufficient to maintain safety of all involved;
- remove the student from physical restraint immediately when
the immediate risk of physical harm to self or others has dissipated;
following the use of physical restraint, the individual should be
assessed for injury or psychological distress and monitored as needed
following the incident.
- Prohibited Practices for Use of Restraints:
Staff members are not to use any physical restraints for which they have not been trained by the district. Staff members are not to use any unauthorized physical restraints. This includes but is not limited to:
- Prone restraint, which is physical pressure
applied to any part of the student's body to keep the student in a face
down position on the floor or other surface, except when the use is
necessary and reasonable in manner and moderate in degree;
- Any form of physical restraint that involves the
intentional, knowing, or reckless use of any technique that involves the
use of pinning down a student by placing knees to the torso, head, and or
neck of the student;
- Using any method that is capable of causing loss of
consciousness or harm to the neck or restricting respiration in any way;
- Uses pressure point, pain compliance, or joint manipulation
techniques;
- Corporal punishment;
- Dragging or lifting of the student by the hair or ear or by
any type of mechanical restraint;
- Deprivation of basic needs;
- Chemical restraint;
- Mechanical restraint (that does not include devices used by
trained school personnel, or by a student, for the specific and approved
therapeutic or safety purposes for which such devices were designed and,
if applicable, prescribed);
- Using other students or untrained staff to assist with the
hold or restraint;
- Securing a student to another student or fixed object;
- Aversive behavioral interventions; or
- Seclusion in a locked room or area.
- Requirement for Use of Seclusion:
Given a threat of immediate risk of physical harm to the student or others, the following principles must always be applied: - A room or area used for seclusion must:
- provide for adequate space, lighting, ventilation, clear
visibility and the safety of the student; and
- not be locked.
- Staff must:
- implement in a manner that is age and developmentally
appropriate;
- ensure safety of other students and protect the dignity and
respect of the student involved;
- the least amount of time necessary;
- be appropriately-trained;
- staff must continually observe the student for the duration
of the seclusion;
- if at any point the staff assesses that the intervention is
insufficient to maintain safety of all involved, emergency personnel will
be contacted;
- seclusion ceases when the immediate risk of physical harm to
self or others has dissipated;
- upon each use of seclusion, the student shall be assessed
for injury or psychological distress and monitored as needed following
the incident.
- Prohibited for Use of Seclusion:
- Use of seclusion in any environment that does not meet the
above criteria.
- Deprivation of basic needs;
- Seclusion shall not be used;
- As a form of discipline/punishment
- As a means to coerce, retaliate or in a manner that
endangers a student;
- For the convenience of staff;
- As a substitute for an educational program;
- As a substitute for less restrictive alternatives;
- As a substitute for inadequate staff; and/or
- As a substitute for positive behavior supports or other
crisis prevention.
- Reporting and De-Briefing Requirements after the use of
Physical Restraint or Seclusion:
- The staff member(s) using physical restraint or seclusion
shall complete all district required reports and document staff’s
observations of the student.
- As soon as possible under the circumstances the staff
member(s) using physical restraint or seclusion shall inform the
appropriate school administrator of the use of physical restraint or
seclusion.
- The District's Incident Report shall be completed upon
occurrences of physical restraint or seclusion.
- Completion of the form and submission of the Incident
Report to the appropriate administrator must be done the same day the
staff member(s) used physical restraint or seclusion.
- An administrator shall attempt to contact the
parent/guardian during the same day of incident.
- A copy of the Incident Report must be made available to
parent/guardian by the administrator within 24 hours after receipt of
the Incident Report.
- The administration shall conduct a debriefing with all
involved staff and parents and, if appropriate, the student;
- Debrief
- Evaluate the trigger for the incident, staff response, and
methods to address the student’s behavioral needs;
- During the debrief, if the behavior is noted as a
pattern of dangerous behavior that leads to the use of restraint and/or
seclusion, a Functional Behavior Assessment, and/or a Behavior
Intervention Plan must be completed.
- Training and professional development:
- The district will ensure that an appropriate number of
personnel in each building are trained in crisis management and
de-escalation techniques.
- The school district will maintain written or electronic
documentation on training provided and lists of participants in each
training.
- District Monitoring:
- The school board and superintendent shall monitor the
implementation of this policy.
- This policy shall be accessible on the district’s website.
- Complaint:
- A parent/guardian who feels that a school employee violated
this policy may file a complaint with the Superintendent.
- If the student is a
student with a disability, the parent/guardian of the student with a
disability may file a complaint with the South Dakota Department of
Education, Office of Special Education instead of filing a with the
Superintendent.
Adopted: March 12, 2013
Revised: January 14, 2014
Revised: June 13, 2017
Revised: June 12, 2018
JGA-E(1)
RESTRAINT AND SECLUSION
INCIDENT REPORT FORM
____________________________________________ ________________________
Student Name Date of incident
Does this student have a disability? _____Yes _____No
If yes, what is the disability? ____________________________________________
Student ethnicity: _____________________ Student gender: _____________________
Teacher/class/grade________________________________________________________
Staff person(s) initiating restraint; others present/involved:
Staff person(s) initiating seclusion; others present/involved:
Describe the behavior that led to restraint/seclusion, including time, location, activity, others present, other contributing factors:
Procedures used to attempt to de-escalate the student prior to using restraint/seclusion:
Describe the restraint/seclusion:
Duration of time of restraint/seclusion
__________________________________
Staff member submitting report
Submitted to Administration at _______time _________ date
Adopted: March 12, 2013
Revised: January 14, 2014
Revised: June 13, 2017
Revised:
June 12, 2018
JGA-E(2)
RESTRAINT AND SECLUSION
DEBRIEFING FORM
Student: _______________________________ Date of
Incident:_______________ Date of
Debriefing:_________________________________________________________
Present:
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Has the staff completed
restraint training? |
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1. Give
a brief description of the circumstances (antecedents) leading up to this
incident.
2. Give
a summary of the incident.
3. What
was the intervention used?
4. What
was the outcome?
5. From
information gained, what changes (if any) should be made?
6. Has
a support plan been initiated? ___Yes
___No If yes, who was contacted?
7. If
applicable, how will the support plan affect any of the following:
Behavior
intervention plan (BIP)
• 504 plan
• Individualized Education plan (IEP)
• Does the team need to reconvene?
If yes, name of person responsible for
notifying the team
BIP ___Yes ___Date ___N/A
504 ___Yes ___Date ___N/A
IEP ___Yes ___Date ___N/A
8. Is
this a repeated instance of restraint or seclusion, if so, a Functional
Behavioral Assessment (FBA) shall be conducted.
Has an FBA been initiated? __Yes ___No /
completed? __Yes ___No
Additional comments (if any)
Adopted: June 12, 2018
JGD
SUSPENSION/EXPULSION
Students may be suspended or expelled from the
Revised:
JGD-R
SUSPENSION
AND EXPULSION OF STUDENTS
Serious breaches of standards of behavior may result in suspensions or
expulsions from school. A principal is
authorized to suspend pupils for not more than ten school days and a Superintendent is authorized to suspend
pupils for not more than 90 days. The
period of expulsion may extend beyond the semester in which the violation,
insubordination, or misconduct occurred.
Any expulsion for consumption or possession of beer or alcoholic
beverages may not extend beyond ninety school days.
Any student bringing a firearm, or air gun, whether or not the firearm or
air gun is designed, adapted, used, or intended primarily for imitative or
noisemaking purposes, or any dangerous weapon to school, except as authorized
by law, shall be expelled for not less than twelve months and will be referred
to law enforcement authorities. The
Superintendent shall have the authority to decrease the length of expulsion on
a case-by-case basis. This policy shall
be implemented in a manner consistent with IDEA and Section 504.
A suspension may be imposed, but is not limited to, when a student's
behavior creates a threat to his own or other's safety or imposes a threat to
property or premises or creates a serious disruption of the school environment. Behavior such as fighting or committing an
assault on another; stealing; vandalism; possessing weapons, explosives or
other prohibited materials; making a false alarm or terroristic threat; lewd or
threatening behavior or language; possession of drugs; or possession of beer or
alcoholic beverages on the school premises or at school activities may result
in suspensions.
Hearing procedures as established by state regulations will be followed
for all students who receive long-term suspensions or expulsion.
In case of a suspension by the Superintendent for more than ten school
days, the Superintendent will schedule a hearing before the Board of Education
and the hearing shall be scheduled within ten (10) school days of the first day
of the student’s suspension.
Additional procedures mandated by state and federal law apply to special
education students.
NOTE: Statute states that no
school board may impose a lesser consequence than those established in SDCL
13-32-9 but may by board policy adopt more strict consequences for
adjudication, conviction, informal adjustment or court-approved diversion
program, or a suspended imposition of sentence or suspended adjudication of
delinquency, for possession, use, or distribution of controlled drugs or
substances or marijuana. Statute also
says the suspension “may” be reduced and the student “may” be allowed to
practice during the period of suspension.
To avoid discriminatory application, it is ASBSD’s recommendation that
the Board decide, for policy purposes, if the suspension period is to be
reduced upon the student meeting the requirements, and if reduced to what
extent, and whether the student may participate in practice during a period of
suspension.
Suspension from Extra-Curricular Activities:
If a student is adjudicated, convicted, the subject of an informal
adjustment or court-approved diversion program, or the subject of a suspended
imposition of sentence or suspended adjudication of delinquency, for
possession, use, or distribution of controlled drugs or substances or
marijuana, or for ingesting, inhaling, or otherwise taking into the body any
substance as prohibited by statute, the student shall be suspended as follows:
First offense: The student shall
be suspended one year which shall be reduced to thirty calendar days if the
student participates in an assessment with a certified licensed addiction
counselor. If a suspension for a first
offense is reduced to 30 calendar days, the student is ineligible for a minimum
of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the
student is ineligible do not take place within the reduced suspension period,
the student's suspension remains in effect until two sanctioned events for
which the student is ineligible have taken place. Students who are ineligible to participate in
activity events, competitions, and performances shall be allowed to participate
in practices.
Second offense: The student shall
be suspended one year. The one year suspension for a second offense shall be
reduced to 60 calendar days if the student completes an accredited intensive
prevention or treatment program. If the suspension for a second offense is
reduced, the student is ineligible for a minimum of six South Dakota High
School Activities Association sanctioned events. If a suspension is reduced pursuant to §
13-32-9, a suspension for a second offense shall make the student ineligible
for a minimum of six South Dakota High School Activities Association sanctioned
events. If six sanctioned events for which the student is ineligible do not
take place within the reduced suspension period, the student's suspension
remains in effect until six sanctioned events for which the student is
ineligible have taken place. Students
who are ineligible to participate in activity events, competitions, and
performances shall be allowed to participate in practices.
A suspension begins on:
The day following the notification to a school administrator by the
Unified Judicial System that a student has been adjudicated, convicted, the
subject of an informal adjustment or court approved diversion program, or the
subject of a suspended imposition of a sentence or a suspended adjudication of
delinquency for possession, use, or distribution of controlled drugs,
substances, or marijuana as defined in chapter 22-42, or for ingesting,
inhaling, or otherwise taking into the body any substance prohibited by §
22-42-15 and the school administrator gives notice to the South Dakota High
School Activities Association and the students; or
The day following the student's admission to a school administrator that
the student committed an offense enumerated in subdivision (1), which shall be
made with the student's parent or guardian present if the student is an
unemancipated minor, and the school administrator gives notice to the South
Dakota High School Activities Association.
A suspension that is reduced pursuant to this policy is only in effect
during the South Dakota High School Activities Association's activity year,
which begins on the first day of its first sanctioned event and concludes on
the last day of its last sanctioned event.
A reduced suspension that is not completed by the end of one activity
year shall carry over to the next activity year.
In order for events to count toward the minimum number of events for
which the student is ineligible following a reduction in the suspension for a
first or second offense, the student must participate in the entire activity
season. Failure of a student to complete
the entire activity season results in the student being ineligible for one year
from the date of adjudication, conviction, the subject of an internal
adjustment or court approved diversion program, or subject of a suspended
imposition of sentence or suspended adjudication of delinquency. A suspension
that is not completed by the student during one activity season carries over to
the next activity season in which the student participates.
Third offense: Upon a third or
subsequent adjudication, conviction, diversion, or suspended imposition of
sentence for possession, use, or distribution of controlled drugs or substances
or marijuana, or for ingesting, inhaling, or otherwise taking into the body any
substances as prohibited by statute, by a court of competent jurisdiction, the
student is ineligible to participate in any extracurricular activity.
Adopted: June 13, 2017
Form JGD-R1
NOTICE OF SUSPENSION
Date
Dear
As we discussed on , has
been suspended from school for school days.
Beginning
Date
The grounds for suspension and a summary of the situation are outlined below:
I thank you for your support in this matter. Should you have any questions regarding this matter, please feel free to call me at .
Sincerely,
cc:
BEFORE THE BOARD OF
EDUCATION
OF
IN THE MATTER OF: BY REGISTERED
MAIL
RETURN
RECEIPT REQUESTED
NOTICE OF HEARING
TO:
PLEASE
TAKE NOTICE ,
the,
day of , 2 , at o’clock, at
.
,
The act, transaction or occurrence which is the basis of the action being proposed before the Board is as follows:
The District Policy allegedly violated by the act, transaction or occurrence described above is as follows:
In the hearing, you will have the following rights:
1. An opportunity to be heard in opposition to the proposed action and to present any evidence or testimony in opposition thereto; and
2. To have counsel or representative present, at your expense, to examine witnesses and to present evidence and testimony; and
3. To present witness(es) to testify on your behalf; and
4. The opportunity to confront the witness(es) who propose or support the action to be taken; and
5. A written decision by the Board within a reasonable period of time after the conclusion of the hearing; and
6. The decision of the Board to be based solely upon the evidence presented at the hearing to include a summary of the evidence and the reason(s) for the decision.
You are further notified that you also have the following rights:
1. The records of the student in question are available at the Business Office of Lead-Deadwood School District 40-1 for examination by you or your authorized representative.
2. You may waive the right to a hearing.
IN CASE OF YOUR FAILURE TO APPEAR OR ANSWER it will be presumed that you consent to the action proposed to be taken.
DATED this day of , 2 .
LEAD,
By:
CEO/Superintendent of Schools
Copy to:
STUDENT SUSPENSION/EXPULSION
WAIVER
I hereby waive my right to a hearing in the matter of potential suspension or expulsion from school for the alleged misconduct of .
Said hearing was set for the day of . 2 .
Dated this day of , 2 .
Student
Date:
Parent, Guardian or other Responsible Person
Date:
Witness
Revised: June 13, 2017
JHC
Lead-Deadwood
Wellness
Plan
Mission
The mission of the Wellness Program is to
promote and enhance the health and well-being of the students and staff of the
Lead-Deadwood School District. The program works to improve the health and
well-being of students and staff and the educational achievement of ALL students by providing coordinated health,
mental health, and other support services.
Nutrition
1. Teaches
consistent scientifically based nutrition messages throughout the school,
classroom, cafeteria, home, community and media and as part of health education
classes and/or stand-alone courses.
2. Uses the SD
Health Education Standards and addresses nutrition concepts progressively in
grades K through 12.
3. Staff who
are responsible for nutrition education will be adequately prepared and should
participate in professional development activities to effectively deliver an
effective program
4. Food pricing
strategies shall be designed to encourage students to purchase nutritious
items.
5. Procedures
shall be in place for providing to families, on request, information about the
ingredients and nutritional values of the foods served.
6. The school
food service program shall operate in accordance with the Healthy, Hunger-Free
Kids Act of 2010 as amended and applicable laws and regulation of the state of
South Dakota. All schools will comply with USDA regulations and state policies.
7. Schools
shall offer varied and nutritious food choices that are consistent with the
federal government’s Dietary Guidelines for Americans. For the purpose of this
policy, “Dietary Guidelines for Americans” refers to the current set of
recommendations of the federal government that are designed to help people
choose diets that will meet nutrient requirements, promote health, support
active lives and reduce chronic disease risks.
8. Students with special dietary needs will be
accommodated as required by USDA regulation.
9. Healthy choices of food and beverages will be
offered at school-sponsored events outside the school day.
10. All foods sold in the ala carte program
will be reviewed and nutritional standards will be followed. Healthy snacks
will include fresh fruits, vegetables and nutritional beverages.
11. Only vending machines containing
healthy choices of food and beverages will be available to students during
school hours.
12. Healthy choices should meet the
percentage requirements of less than 35 percent fat calories, less than 10
percent saturated fat calories, less than 35 percent sugar by weight. Nuts,
seeds, fruits, vegetables, low-fat or non-fat yoghurt, low-fat cheese sticks
and items that have natural sugar will be allowed. Milk that is 1 percent fat
and no more than 360 calories per container is okay, as are fruit and vegetable
juices, plain and colored water, noncarbonated drinks with fewer than 20 grams
of carbohydrates per 8 ounces, tea and other sport beverages.
Physical
Activity
1. All high
school students will be required to have 1.0 credit of Health/PE to graduate.
2. Students will
spend at least 50 percent of physical education class time participating in
moderate to vigorous physical activity.
3. The
Lead-Deadwood School District Health and PE curriculum will be aligned with the
SD State Content Standards.
4. Student
involvement in other activities involving physical activity (e.g., interscholastic
or intramural sports) will be promoted and supported.
5. All
elementary school students will have at least 20 minutes a day of supervised
recess, preferably outdoors, during which students are encouraged (verbally and
through the provision of space and equipment) to engage in moderate to vigorous
physical activity.
6. All
elementary, middle and high school students will be offered extracurricular
physical activity programs, such as physical activity clubs or intramural
programs.
7. All high
schools and middle schools as appropriate, will offer interscholastic sports
programs.
8. All schools
will offer activities that meet the needs, interests and abilities of all
students, including boys, girls, students with disabilities and students with
special health-care needs.
9. Schools will
educate and encourage participation in community or club activities.
10. When
appropriate, the district will work together with local public works, public
safety and/or police departments in an effort to assess and to the extent
possible make needed improvements to make it safer and easier for students to
walk and bike to school.
11. Each
building will develop classroom-based physical activities, called Energizers,
that non-physical education teachers can utilize to engage students in single
sessions or bouts of physical activity at least twice a week. Teachers will be
trained in how to implement such activities.
Other
School-Based Activities
1. Indoor
air quality issues will be investigated.
2. Facilities will be safe, clean and
orderly.
3. Weapons violations will be addressed
and reduced.
4. A district-wide crisis plan will be
created, followed, and practiced.
5. Appropriate staff will be trained and
certified in non-violent crisis interventions (CPI)
6. Students will be provided with lessons
in hygiene.
7. Staff will be encouraged to participate
in wellness activities through a formalized wellness day.
8. Students and staff will have adequate space
to eat meals in clean, safe, pleasant surroundings and will have adequate time
scheduled as near the middle of the school day as possible to eat, relax and
socialize.
9. Safe drinking water and convenient
access to facilities for hand washing and oral hygiene will be available during
all meal periods.
10. Cholesterol and glucose screenings as
well as blood pressure checks will be made available for staff.
11.
Yearly Influenza Vaccinations will be made available to staff and students.
12.
Information will be provided to parents regarding state and school required
immunizations.
School
Wide Social Emotional Wellness
Emotional health is one of the critical
building blocks of overall wellness. The school district will employ a
significant set of mental health support resources to help students and
families in the community who may be facing challenges. These resources will
include school counselors, a school resource officer, a school nurse, and a
school psychologist. Programs will include Olweus, PBIS, a cyber bullying
hotline, lessons in digital citizenship, DARE, alcohol and tobacco prevention,
mental health awareness, and suicide prevention.
1. Behavior
Intervention Monitoring Assessment Tool (BIMAS) will be used by classroom
teachers to identify needs of support and intervention.
2. Through
Positive Behavioral Interventions and Supports (PBIS), students will
demonstrate SAFE RESPECTFUL and RESPONSIBLE behavior on and off school grounds.
3.
Opportunities will be created for every student to build significant
relationships with adults in the district through positive communication.
4. Staff should
expect that ALL students have the potential to be successful.
5. Through PBIS
a positive, effective learning environment will be supported.
6. Staff will create environments that
will motivate students and provide opportunity to build resiliency and grit.
7. Staff will utilize positive, strength
based approaches to teach skills that help reduce stress and challenging
behaviors.
8. Within the School-wide Crisis Plan the
Student Threat Assessment Response (STAR) plan will be followed and implemented
by appropriate support staff.
9. School environment will promote positive
attendance behaviors to increase academic achievement.
10. Support will be given to parents
helping them to understand their role in the development of their students’
sense of value within the home, school and community.
11. Parents and families will be supported
with and taught positive behaviors to ensure daily attendance of their
students.
12. Family and parenting courses will be
made available to families and assistance is available to them for accessing
resources within the community that foster positive home/school cooperation and
involvement.
13. Community relationships will be
maintained to offer wellness support to students, staff and families; including
Behavior Management Systems (Family Pathways, BMS Telemedicine, Functional
Family Therapy), outside mental health referrals, Action for the Betterment of
the Community (ABC), Dakota Smiles (Dental Bus), South Dakota School for the
Deaf (hearing screens), Kidsight SD (Lions club vision screening).
Adopted: May 9, 2006
Revised: March 12, 2019
JHCC
STUDENT COMMUNICABLE
DISEASES
Students who are afflicted with a communicable contagious, and/or infectious disease and who are infected with communicable parasites or who are liable to transmit such a disease or parasite may be excluded from school attendance.
The board recognizes the need and right of all children to receive free and appropriate education. The board further recognizes its responsibility to provide a healthy environment for all students and school employees.
A determination of whether an infected student be excluded from the classroom or school activities shall be made on a case-by-case basis, under the direction of the principal/building administrator or designee. SDCL 13-28-7.3
In situations where the decision requires additional expertise and knowledge, the building administrator will refer the case to an advisory committee for assistance in the decision making.
The advisory committee may be composed of:
1. a representative from the State Health Department; SDCL 34-10-14.2
2. the student’s physician;
3. the student’s parents or guardian(s);
4. the school principal or designee;
5. the school health service’s supervisor/county health officer; SDCL 13-28-7.3
6. the superintendent or designee; and
7. primary teacher(s).
In making the determination, the advisory committee shall consider:
1. the behavior, developmental level and medical condition of the student;
2. the expected type(s) of interaction with others in that setting
3. the impact on both the infected student and others in that setting;
4. the South Dakota Department of Health guidelines and policies; and
5. the recommendation of the County Health Officer, which may be controlling.
The advisory committee may officially request assistance from the State Department of Health.
If it is determined that the student will not be permitted to attend classes and/or participate in school activities, arrangements will be made to provide an alternate educational program. If that requires personal contact between student and school employees, only trained volunteer employees shall be utilized.
Public information will not be revealed about the student who may be infected. If the student is permitted to remain in the school setting, the following procedure will be followed by the superintendent/principal:
Information will be provided, as appropriate, to school employees who have regular contact with the student, as to the student’s medical condition and other factors needed for consideration in carrying out job responsibilities.
Health guidelines for school attendance are established and interpreted within the context of the case. The guidelines are not inclusive but are available to be used as a resource. School personnel will refer to school health professionals for specific judgments in interpreting the guidelines.
Instruction in appropriate handling of blood and body fluids will be provided. Hand washing after contamination, food preparation and health/hygiene care performed in different sick and work areas, maintenance cleaning and other personal hygiene measures are part of creating a health environment.
LEGAL REF: SDCL 13-28-7.3
REFERENCE: Control of Communicable Diseases, 14th Ed.
1985—Abram S. Benenson, Editor
Adopted:
Revised:
JHCC-R
STUDENT COMMUNICABLE DISEASE
GUIDELINES
Numerous communicable diseases may affect a school-age population and/or school staff. Some of these have a high degree of communicability. Some are life threatening in nature. Some are both.
Disease
and Incubation Period* Rules
for Student Attendance
|
Acquired
Immune Deficiency Syndrome (AIDS) 6
month – 5 year |
Determination
should be made by the team process as outlined in the Communicable Disease
Policy. The State Department of Health
guidelines on AIDS shall be used as reference. |
|
Chicken
Pox 14-21
days |
The
student may attend school after all pox are dry and scabbed. |
|
Cytomegalovirus (CMB
Salivary Gland
Viruses) |
The
student may attend school. Precautions
should be taken by contacts with immunosuppression as anti- cancer or organ
transplants as well as anyone with suspected or known pregnancy. Good hand washing in all cases should
eliminate risk of transfer or infection. |
|
Giardaisis
and infection Enteric Diseases 5-25
days or longer |
The
student may attend school. Food
handlers must remain at home until they have three negative stool
specimens. Good hand washing in all
cases should eliminate risk of transfer of infection. |
|
Herpes
Simples 2-12
days |
The
student may attend school during an active case. Good hand washing in all cases should
eliminate risk of transfer of infection. |
|
Impetigo Variable
4-10 days |
The
student may attend school if under treatment and dry. |
|
Infectious
Hepatitis 15-40
days (Average 25 days) |
The
student may attend school as directed by the physician. Appropriate personal hygiene precautions
should eliminate risk of transfer of infection. |
|
Measles
(red, Hard, Rubeola, 7-day 8-14
days |
The
student may attend school after a minimum of seven (7) days. Students who have had contact with measles
may attend school if the student has had the measles or if immunization is up
to date. |
|
Infectious
Monoucleosis (Glandular
Fever) 2-6
weeks |
The
student may attend school as directed by the physician. |
|
Mumps 12-21
days |
The
student may attend school after swelling has disappeared. |
|
Pediculosis (Lice,
Crabs) |
The
student may attend school after treatment. |
|
Pink
Eye (Conjunctivitis) 5-12
days |
The
student may attend school after the eye is clear, under treatment or with
physician’s written permission. |
|
Planter’s
Warts |
The
student may attend school. |
|
Rubella (3
day German Measles) |
The
student may attend school after a minimum of four (4) days. Prevent exposure of pregnant women. |
|
Scabies (7-year
itch) Mites |
The
student may attend school after treatment. |
|
Streplococcal
Infections (Scarlet
Fever, Scarletina, Strep Throat) 1-3
days |
The
student may attend school twenty-four (24) hours after initiating oral
antibiotic therapy and clinically well. |
*Time interval between initial contact with an infectious agent and the first sign of a symptom of the disease.
All communicable and chronic disease should be reported to Health Services.
LEGAL REF; SDCL 13-28-7.3
Revised:
JHCD
ADMINISTERING MEDICINES TO
STUDENTS
It is the position
of the board that the presence of medicines on school property and/or the taking
of medicine by students during school hours must be carefully monitored to
prevent the development of harmful situations to the students.
Whenever possible,
students are encouraged to receive medicine outside school hours. However, in those cases where medicine must
be taken during the student’s time at school, the following procedures are to
be followed.
-All medication
must be brought to school on behalf of the student by the parent, guardian or a
responsible designated adult and given to the school secretary or nurse. A signed copy of the Medication Consent Form
must be on file before any medication will be administered. If it becomes apparent that a child has medicine
at school without the proper paperwork on file, the parent/guardian or responsible
designated person will be notified.
-Parent/guardian
or designated person’s requests to store and/or administer any medication to a
student must be in writing. This must
include a signed and dated copy of the Medication Consent Form, which must state
the specific instructions for administering the medication, which are
consistent with the directions given by the physician on the prescription. A record of all written Medication Consent
Forms will be kept on file with the District Nurse.
-High School
students may carry and administer one dose of medication. Before a student may self medicate, a
Medication Consent form must be completed, signed by a parent or guardian, and
returned to the high school office.
-All medications
must be stored in a secure area, managed by the school nurse, and removed from
the usual work stations of the students.
-Prescription
medications to be stored and/or administered must be in a pharmacist labeled
container which specifies the student’s name, the prescribing physician’s name,
the date of the prescription and the directions for use.
-Non-prescription
medications to be stored and/or administered should be in their original
container.
Guidelines for Giving Medications by Designated
Personnel
The Board of
Nursing has determined that administration of medications is a nursing function
and has set forth rules that allow a licensed nurse to delegate the
administration of medications to non-licensed assistive personnel who have a
minimum of a high school education equivalent and who have completed training
as outlined in the rules. It is through
the act of the nurse delegation, that a non-licensed individual has the legal
authority to perform this function.
Medication
administration may be delegated only to those individuals who have successfully
completed a training program approved by the South Dakota Board of
Nursing. Only those completing the
training may administer medication under the supervision of a licensed nurse.
The following tasks
may be legally delegated by a nurse to those individuals who have successfully
completed the training program:
-Administration of medications by
oral, rectal or topical route.
-Measuring or a prescribed amount of liquid medication or crushing a tablet
for administration, if the licensed nurse has calculated the dose.
-Administration of Schedule II substances (ex. Ritalin) which have been
prescribed and labeled in a container for a specific client.
Verbal or
telephone orders are another option, but require a registered nurse. Only the
supervising school nurse can take verbal orders from a Health Care Provider
regarding medication. Such orders must
be followed by a hard copy to verify the order within 24 hours.
The child must
come to the office at the time the child is to receive medication. Sometimes young children may need to be
reminded for a few days by their teacher.
If a child misses a dose, the school secretary or nurse will notify the
parent.
Medication can be
safely administered up to one-half hour before or after the prescribed time.
All medications
will be stored in a locked cabinet or refrigerator.
If the child must
carry his/her medication at all times, (i.e. inhaler or epi-pen) the physician
must provide a written statement to the school.
The student will then demonstrate to the nurse, the proper dosage and
use of the medication.
If a medication
error should occur, it must be reported to the school nurse as soon as it is
recognized so that the appropriate action can be determined. Parents will be notified, the physician will
be notified if necessary, and Medication Error report will be completed, signed
and kept on file with the school nurse.
Adopted:
Medication Consent Form
I authorize the
School Nurse/designee to administer
(name of medication and dosage)
to my child , at the time indicated below.
(name)
Grade/Teacher
1) Medication at o’clock.
2) As necessary to control asthma
or wheezing for which this
medication was specifically
prescribed, but no more than every
four hours.
3) As necessary for
The medication
shall be provided in a bottle showing the name of the pharmacy, student’s name,
physician’s name and the dosage of the medication to be given. I understand that the first dose of any
medication MUST be given at home.
I absolve the
school personnel of all responsibility for any unforeseen development or
reaction attributable to the administration of the above named medication. It is the responsibility of the child to
come to the office to take his/her medication.
All Medication
must be brought to the office by parent or guardian. Any medication left at the school more than
one week past final date of administration will be discarded. Prescription medications will not be
administered if the prescription is not current.
This authorization
will terminate completely on
(Specific
Date)
(Parent/Guardian Signature) (Date of
Authorization)
Physician
signature/instructions for more than one dose at school per day
Medication Error Report
Student Name: Grade
Date:
Location:
□ Medication Dosage Error
□ Medication Destruction
□ Medication Reaction
Explain Incident
in Detail:
Signature/Title of Person Preparing Report Date
Notification of Personnel—
School Nurse
Notified ( ) Yes
( ) NO
Date Time
Child’s Doctor
Notified ( ) Yes ( ) NO
Date Time
Parent/Guardian
Notified ( ) Yes ( ) NO
Date Time
JHCDB
EPINEPHRINE AUTO INJECTORS
The Lead-Deadwood District may acquire
and maintain a stock of epinephrine auto-injectors to be used by trained
personnel pursuant to a prescription issued by an authorized health care
provider for use in an emergency situation of a severe allergic reaction
causing anaphylaxis. If the school
district acquires and maintains a stock of epinephrine auto-injectors, the
school district will notify parents or guardians of each student about the
policy.
All epinephrine auto-injectors,
whether supplied by the school district, parents/guardians or an emancipated
student, must be stored in a locked medicine cabinet, managed by the school
nurse or school personnel trained in administration of epinephrine
auto-injector or administration of medication.
Epinephrine auto-injectors to be
stored and/or administered must be in a pharmacy labeled container. The label must specify the name of physician/licensed
health care provider, the date of the prescription and the directions for use.
No school employee, other than the
school nurse, shall be required to be trained by a licensed health care
profession for the purpose of being trained in the administration of
epinephrine auto-injectors, or shall be required to administer epinephrine
auto-injectors, without the employee’s prior written consent.
Any school nurse, or other designated
school personnel authorized by the School Board, may:
1.
Administer
an epinephrine auto-injector to a student in accordance with a prescription
specific to the student on file with the school.
2.
Administer
an epinephrine auto-injector to any student during schools hours or during a
school related activity if the school nurse or designated school personnel
believe that the student is experiencing anaphylaxis in accordance with the
standing protocol from an authorized health care provider, regardless of
whether a student has a prescription for an epinephrine auto-injector or has
been diagnosed with an allergy.
3.
Prior
to administering an epinephrine auto-injector made available by the school,
each designated school personnel shall be trained by a licensed health care
professional:
a. To recognize
the symptoms of a severe allergy or anaphylactic reaction;
b. To know the
procedure for the administration of an epinephrine auto-injector;
c. To know the
procedure for storage of an epinephrine auto-injector; and
d. To know the
emergency care and aftercare for a student who has an allergic or anaphylactic
reaction.
Pursuant to state law, no
administrator, school nurse, or designated school personnel, the District or the
School Board, that makes available or possesses or epinephrine auto-injectors
pursuant to law, may be held liable for any injury or related damage that
results from the administration of, self-administration of, or failure to
administer an epinephrine auto-injector that may constitute ordinary
negligence, however, this immunity does not apply to an act or omission
constituting gross, willful, or wanton negligence.
Adopted: August 12, 2014
JHCE
ACCOMMODATING CHILDREN WITH SPECIAL DIETARY NEEDS
The Lead-Deadwood
School District will make substitutions in lunches for students considered to
have a disability under federal requirements and may also make substitutions
for students who do not have a disability but who cannot consume the regular
lunch because of medical or other special dietary needs. Substitutions must be made on a case by case
basis only when supported by a statement of the need for substitutions that
includes recommended alternate foods.
Such statement must, in the case of a student with a disability, be
signed by a physician or, in the case of a student who is not disabled, by a
recognized medical authority.
Parents/Guardians
of students with a physician certified disability will be informed in writing
of the limitations the school foodservice has in accurately providing
nutritional and/or allergen information on products received from foodservice
suppliers. They will also be required to
sign a Nutritional Information Limitation and Terms agreement annually or more
often as needed wherein they will indicate whether they agree or do not agree
to its limitations and terms. An
enhanced menu variety will be available for families that agree to the
limitations and terms. Families that
choose not to agree to the limitations of liability will be provided one
alternative menu/meal that meets the dietary prescription provided by the
physician. Requests for nutritional,
ingredient, or allergen information unrelated to a special diet request will
also require the review and signing of the Nutritional Information Limitations
and Terms Agreement.
SCHOOL GUIDELINES FOR MANAGING STUDENTS WITH
Food allergies can
be life threatening. The risk of
accidental exposure to foods can be reduced in the school setting if students,
parents, and physicians work with the schools to minimize risks and provide a
safe educational environment for food-allergic students.
Family’s Responsibility
·
Notify
the school of the child’s allergies.
·
Work with
the school team to develop a plan that accommodates the child’s needs
throughout the school including in the classroom, in the cafeteria, in
after-care programs, during school-sponsored activities, and on the school bus,
as well as a Food Allergy Action Plan—see JHCE-R(1).
·
Provide
written medical documentation, instructions, and medications as directed by a
physician, using the Food Allergy Action Plan as a guide. Include a photo of the child on written
form.
·
Provide
properly labeled medications and replace medications after use or upon
expiration.
·
Educate
the child in the self-management of their food allergy including:
*safe and unsafe foods
*strategies for avoiding exposure to unsafe foods
*symptoms of allergic reactions
*now and when to tell an adult they may be having an allergy-related
problem
*how to read food labels (age appropriate)
·
Review
policies/procedures with the school staff, the child’s physician, and the child
(if age appropriate) after a reaction has occurred.
·
Provide
emergency contact information
School’s Responsibility
·
Be
knowledgeable about and follow applicable federal laws including
·
Review
the health records submitted by parents and physicians.
·
Include
food-allergic students in school activities.
Students should not be excluded from high school activities solely based
on their food allergy.
·
Identify
a core team of, but not limited to, school nurse, teacher, principal, school
food service and nutrition manager/director, and counselor (if available) to
work with parents and the student (age appropriate) to establish a prevention
plan. Changes to the prevention plan to
promote food allergy management should be made with core team participation.
·
Assure
that all staff who interact with the student on a regular basis understands
food allergy, can recognize symptoms, knows what to do in an emergency, and
works with other school staff to eliminate the use of food allergens in the
allergic student’s meals, educational tools, arts and crafts projects, or
incentives.
·
Practice
the Food Allergy Action Plans before an allergic reaction occurs to assure the
efficiency/effectiveness of the plans.
·
Coordinate
with the school nurse to be sure medications are appropriately stored, and be
sure that an emergency kit is available that contains a physician’s standing
order for epinephrine. If thee
administrative rules/regulations promulgated to SDCL Chapters 1-26 and 13-13A
permit, medications are kept in an easily accessible secure location central to
designated school personnel, not in locked cupboards or drawers. Students should be allowed to carry their own
epinephrine, if age appropriate after approval from the student’s physician/clinic,
parent and school nurse, and allowed by state or local regulations.
·
Designate
school personnel who are properly trained to administer medications in
accordance with
·
Be prepared
to handle a reaction and ensure that there is a staff member available who is
properly trained to administer medications during the school day regardless of
time or location.
·
Review
policies/prevention plan with the ore team members, parents/guardians, student
(age appropriate), and physician after a reaction has occurred.
·
Work
with the district transportation administrator to assure that school bus driver
training includes symptom awareness and what to do if a reaction occurs.
·
Recommend
that all buses have communication devices in case of an emergency.
·
Enforce
a “no eating” policy on school buses with exceptions made only to accommodate
special needs under federal or similar laws, or school district policy. Discuss appropriate management of food
allergy with family.
·
Discuss
field trips with the family of the food-allergic child to decide appropriate
strategies for managing the food allergy.
·
Follow
federal/state/district laws and regulations regarding sharing medical
information about the student.
·
Take
threats or harassment against an allergic child seriously.
Student’s Responsibility
·
Should
not trade food with others.
·
Should
not eat anything with unknown ingredients or known to contain any allergen.
·
Should
be proactive in the care and management of their food allergies and reactions
based on their developmental level.
·
Should
notify an adult immediately if they eat something they believe may contain the
food to which they are allergic.
The following guidelines will be place on
·
There
will be no eating or drinking allowed on the school busses in route to and from
school.
·
Students
with medical conditions that require food or dink during those times must bring
a note from a doctor.
·
Students
who are bringing “treats” to school may transfer them on the bus but may not
consume them.
·
At no
times are students to share their own food or drink with another student (this
is to avoid the affects of allergic reactions).
·
Food and
drink on activity busses to and from events will be determined by coaches.
·
Food and
drink on busses to and from field trips will be determined by teachers.
Adopted:
JHCE-R(1)
Place Child’s Picture Here
Food Allergy Action Plan
Student’s
Name: D.O.B. Teacher:
ALLERGY TO:
Asthmatic Yes* No *Higher risk for severe reaction
*STEP 1: TREATMENT*
Symptoms: Give
Checked Medication**:
**(To
be determined by physician authorizing
treatment)
·
If a food allergen
has been ingested, but no symptoms:
Epinephrine
Antihistamine
·
Mouth Itching, tingling, or swelling of
lips, tongue, mouth
Epinephrine
Antihistamine
·
Skin Hives, itchy rash, swelling of the face or
extremities
Epinephrine
Antihistamine
·
Gut Nausea, abdominal cramps,
vomiting, diarrhea
Epinephrine
Antihistamine
·
Throat± Tightening of threat, hoarseness,
hacking cough
Epinephrine
Antihistamine
·
Lung± Shortness of breath, repetitive
coughing, wheezing
Epinephrine
Antihistamine
·
Heart± Weak or thready pulse, low blood
pressure, fainting, pale, blueness
Epinephrine
Antihistamine
·
Other± Epinephrine Antihistamine
·
If reaction is
progressing (several of the above areas affected, give
Epinephrine
Antihistamine
±Potentially
life-threatening. The severity of
symptoms can quickly change.
DOSAGE
Epinephrine: inject
intramuscularly (circle one)
EpiPen® EpiPen® Jr. Twinject®
Twinject® 0.15mg
(see reverse
side for instruction)
Antihistamine:
give
medication/dose/route
Other: give
medication/dose/route
IMPORTANT: Asthma inhalers and/or antihistamines cannot
be depended on to replace epinephrine in anaphylaxis.
*STEP 2: EMERGENCY CALLS*
1.Call 911 (or Rescue Squad ).Sate that an allergic
reaction has been treated, and additional epinephrine may be needed
2..Dr. Phone Number:
3.Parent Phone Number(s):
4.Emergency contacts:
Name/Relationship Phone
Number(s)
a. 1.) 2.)
b. 1.) 2.)
EVEN IF PARENT/GUARDIAN
CANNOT BE REACHED, DO NOT HESITATE TO MEDICATE OR TAKE CHILD TO MEDICAL
FACILITY
Parent/Guardian’s Signature: Date:
Doctor’s Signature: Date:
( Required)
Adopted: January 15, 2008
JHG
CHILD WELFARE – NEGLECT OR
ABUSE
State law makes it clear that school personnel have a definite responsibility to report suspicious acts of willful child neglect, physical or emotional abuse for any child under the age of eighteen (18).
In support of this law, school personnel will always discuss and report all suspected cases to their building principal. The principal and /or employee will report the child neglect or abuse. Any doubt about reporting a suspected situation is to be resolved in favor of the child and the report made immediately.
In suspected cases of physical and sexual abuse, with the principal’s knowledge, the suspect victim may be questioned by police or a social worker at the school without the principal obtaining permission of the victim’s parent or guardian. In cases such as these, the police or social worker must make every attempt to meet the suspect’s parent or guardian prior to the student (suspect) returning home from school. This procedure will be clearly understood and agreed to by the policy and/or social worker prior to allowing said questioning of the student (suspect).
….shall
report or cause reports to be made in accordance with
Oral report of child abuse –
To whom made. The report required by
The school’s procedure: The principal and/or school employee will report orally all abuse and neglect cases to the Department of Social Services. If the department cannot be reached, the State’s Attorney’s office, county sheriff or city police will be informed orally.
The oral report may include:
1. Name of child, age, grade, etc.
2. Parent’s name and address
3. Type of abuse or neglect
4. Staff member making the referral
5. When employee might be free to discuss the report with a social service department case worker. (either by phone or by case worker coming to the school)
Adopted: March
1985
Revised:
February 10, 1997
JK
STUDENT SEX OFFENDERS
1. If a student enrolled in
the Lead-Deadwood School District 40-1 is registered as or adjudicated of sex
offender crimes under SDCL Chapter 22-24B, the Superintendent or designee will
arrange an intake meeting for the student to include, as deemed necessary by
the Superintendent or designee, the student, the student’s parents or
guardians, Department of Corrections or court services officer, school resource
officer, District administrators and guidance counselors, to determine the
student’s background, conditions of supervision by the Department of
Corrections or court services, the safety risk posed by the student, and any
other relevant factors affecting the student and the safety of other District
students.
2. The Superintendent or
designee may establish restrictions for the student sex offender, which may
include, without limitation, (A) no attendance at a building where there are
day care centers, or younger students, and/or which are located near a private
day care, and/or buildings attended by the offender’s adjudicated victim or a
victim’s sibling, and/or any other location that would violate the offender’s
conditions of supervision by the Department of Corrections or court services,
and/or (B) a behavior contract with school officials, which includes a
prohibition on leaving campus during the school day; and/or (C) periodic
meetings with the school resource officer, and/or (D) attendance in alternative
school. The District will take
appropriate action when dealing with a student sex offender who is eligible for
special education and related services.
3.
If the
student sex offender violates any of the restrictions or conditions established
by the District under this policy, or otherwise poses a risk to any student in
the opinion of the Superintendent or designee, the Superintendent or designee
may take immediate action to address the situation including disciplinary
action against the student sex offender as authorized by law, and if necessary
for the safety of other students or District employees, requesting assistance
from local law enforcement authorities,
if the student resists District directives.
Adopted: January 13, 2009
JLA
STUDENT ADDRESSES
List of names and/or addresses of students will not be made available to anyone using the same to exploit the student in any way.
Adopted: 1976
Revised:
February 10, 1997
JLB
ELIMINATION OF BARRIERS FOR CHILDREN OR YOUTH
EXPERIENCING HOMELESSNESS INCLUDING UNACCOMPANIED
YOUTH
The
·
Ensure
the immediate enrollment of children or youth experiencing homelessness until
all enrollment records may be secured, i.e. academic records, medical records,
proof of residency, or other documentation.
·
Keep a
child or youth experiencing homelessness in the school of origin, except when
doing so is contrary to the wishes of the child’s or youth’s parent or
guardian.
·
Ensure
the elimination of stigmatization or segregated services and the elimination of
other identified barriers for homeless children and youth.
·
Provide
children or youth experiencing homelessness with services comparable to
services offered to other students in the school including the following:
* Transportation
services.
* Educational
services for which the child or youth meets the eligibility criteria, such as
services provided under Title I of the Elementary and Secondary Education act
of 1965 or similar State or local programs, educational programs for children
with disabilities, and educational programs for students with limited English
proficiency.
* Programs
in vocational and technical education.
* Programs
for gifted and talented students.
* School
nutrition programs.
Adopted: January
13, 2009
JO
CUMULATIVE FOLDERS
Cumulative folders will be kept on all students in the Lead-Deadwood Schools on an individual basis.
Adopted:
Revised:
JO-R
STUDENT RECORDS
Notice to Parents of Records Maintained
The custodian of student records at each school shall annually give notice to the parents and to the student if age eighteen (18) of the following:
1. The types of records directly related to the students which are maintained by the school.
2. The name of the custodian or agent to contact to review the records.
3. A list of the individuals who have access to the records and for what purpose.
4. Notice that employees of the District will have access to the records when they have a legitimate educational interest and that no record of their request will be kept.
5. Notice of the District’s policies for reviewing, challenging and expunging these records.
6. The cost charged for reproducing records for the parent or student.
7. The categories of directory information under Section 1 which may be released to the public unless objected to in writing by the parent or student if age eighteen (18).
This notice will be given annually, in writing, at or near the beginning of each school year, but not later than September 15. Form 13 or its equivalent may be used for this notice.
NOTICE OF
STUDENT RECORDS MAINTAINED BY THE
The
SECTION I
TYPE OF RECORDS DIRECTLY RELATED TO THE STUDENTS WHICH
ARE MAINTAINED BY THE SCHOOL
The
SECTION II
NAME OF CUSTODIAN OR AGENT TO CONTACT TO REVIEW RECORDS
A person having the right to review student records shall make a request in person to the custodian or his/her designated agent. If the student is currently enrolled in the District’s schools, this request will normally be made to the principal or department head. If the student is no longer enrolled in the District’s schools, the request must be made to the Superintendent or his/her designated agent.
SECTION
LIST OF INDIVIDUALS WHO HAVE ACCESS TO RECORDS
Principals, counselors, teachers and other District employees who have a legitimate educational interest in the records of a student may review and receive copies of the records which are necessary to the furtherance of that interest. A record need not be kept of requests for access to student records made by these District employees or of transfer of records to other schools of the District. In addition to the employees of the District who have general access to the records maintained. Under restricted conditions, which require the completion of a request form which remains permanently with the records, certain other individuals can review a student’s record. These include: (1) state and federal officials for audit purposes; (2) accrediting representatives for accrediting purposes; (3) research representatives for limited research; however, the results of the research will not identify the students; (4) school officials of other school districts or universities or colleges in which the student has indicated an interest in enrolling, provided the parent or student, if eighteen(18), receives notice; (5) courts and other bodies issuing orders or subpoenas, provided the parent and student receives notice before compliance; (6) no other persons are allowed to review a student’s records without either the parents’ or guardian’s permission or that of the student if over eighteen (18) years of age.
SECTION IV
CHALLENGING THE CONTENT OF RECORDS
Parents of students under eighteen (18) and students over
eighteen (18) may challenge the content of a student’s records to insure that
the records are not inaccurate, misleading or otherwise a violation of the
privacy or other rights of the student.
The hearing procedure provided by the
SECTION V
COST OF PROVIDING COPIES OF RECORDS
A person who requests copies of District records for a purpose other than the transaction of the official business of the District shall pay the actual cost of reproducing the records. A charge of $.55 for the first page and $.15 for each additional page will normally be made; however, if the actual cost of reproducing the record exceeds this standard fee for any record, the custodian or designated agent shall require payment of the actual cost. A maximum of ten (10) transcripts of the student’s grades will be provided without charge with additional copies provided for $1.00 each.
SECTION VI
DIRECTORY INFORMATION
The categories of Directory information may be released to
the public unless objected to in writing by the parent or student, if eighteen
(18), at or near the beginning of each school year but not later than September
15. The
Revised: February 10, 1997
Adopted: August
25, 2009
JO-R
REQUEST FOR TRANSFER OF
STUDENT RECORDS
DATE
TO:
Official
School
Address
City State Zip
According to the Educational Amendment of 1974, “Protection of the Rights and Privacy of Parents and Student”, Section 438, Subsection (b) (1), parts A and B, page 97, states that school officials, including teachers within the educational institution and officials of other schools in school systems in which the student may intend to enroll may receive a student’s record without a written consent for such release.
RE:
Student Birth Date Grade
Please forward records for the student named above to
include a transcript of grades, standardized test results, and immunization
records; or, a cumulative folder which includes the above. (Immunization records are required for
enrollment in
Sincerely,
Name Title
Building
320 South
Revised:
SECTION
K:
SCHOOL-COMMUNITY RELATIONS
Below is listing of Lead-Deadwood
School District policies in Section K that have been approved by the
Lead-Deadwood Board of
Education.
KBAA
PUBLIC RECORDS
The
Lead-Deadwood School District believes in operating in an open, transparent
manner and will make district records available for public inspection, provided
the release of the record(s) does not conflict with state or federal law.
The
Board hereby designates the superintendent as the District’s public records
officer. The public records officer shall be responsible for allowing
inspection of records upon public request, and for maintaining confidentiality
of those records not open to the public. The public records officer shall
also establish fees that may be charged for the retrieval and copying of public
records.
The
Superintendent will act as the public records officer for handling routine
record requests. Public records are available for viewing during the
school’s normal business hours. The cost of copying public records will
be $.05 per page. A log will be maintained of all requests, and the
disposition.
Certain
records are exempt from public access. Included are student information,
and personnel information other than directory or salary.
Denial
may also be based on the cost of retrieval, and form requested. If staff
time is required, the district may charge an hourly fee to compensate for this
time.
It
is the desire of the District to fully comply with the letter and spirit of the
district’s policy and South Dakota Law. While there may be disagreements
over the availability of records, the district will make every attempt to
settle disputes amicably and factually through the processes established by
state and federal law.
The
Lead-Deadwood School District adopts the South Dakota Bureau of Administration,
Record Management Division’s Local Schools Retention Manual, Revised 2015, or
as may be amended, as its Records Management Policy, for the purpose of
providing a retention and destruction schedule so that school records can be
managed efficiently and in compliance with state law, SDCL 1-27-18.
Adopted:
August 25, 2009
Revised:
May 9, 2017
KBC-R
BROADCASTING
The
district shall not interfere with the right of news media to attend and engage
in journalism concerning any interscholastic high school activity or event and
shall prevent any person under its authority from interfering with the right of
news media to engage in journalism at any such activity or event.
The district shall provide reasonable accommodations for news media to conduct
journalism at all interscholastic high school activities and events, and shall
allow news media all necessary access to conduct journalism at such events,
subject to reasonable limitations for public safety, available space, and the
right of the general public to attend such events.
For purposes of this policy, (1) "journalism" means the gathering,
preparing, collecting, photographing, recording, streaming, broadcasting,
writing, editing, reporting, or publishing of news or information that concerns
matters of public interest for dissemination to the public, including on the
internet, and (2) "news media" means personnel of a newspaper or
other periodical issued at regular intervals, a news service, a radio station,
a television station, or a television network, regardless of whether the news
media is in print, electronic, or digital format.
Adopted:
1976
Revised: February
10, 1997
Revised:
May 9, 2017
KG
USE OF SCHOOL FACILITIES
All
buildings and grounds within Lead-Deadwood School District #40-1 will be
available for use by organizations, school and/or community, at the discretion
of the Superintendent or his/her designated administrator/supervisor.
Said use shall be based upon the District’s fee structure policy and Facility
Use Agreement/Procedures.
Revised:
February 10, 1997
Revised:
May 9, 2017
KG-R
FACILITY USE AND
EQUIPMENT AGREEMENT
School
Board of
has determined that allowing
to use the facilities listed below would constitute a community
service, as that term is used in SDCL 13-24-20. Please list the specific
facility and equipment to be used.
The
use of the facility listed above is for use
between the hours of
.
The fee for the use of the facility shall be
. Rules for use of the facility and equipment have been prepared by
the administration and are attached hereto as Exhibit 1 and incorporated herein
by this reference.
NEITHER
THE SCHOOL DISTRICT, THE SCHOOL BOARD, NOR ANY OFFICER OR EMPLOYEE OF THE
SCHOOL DISTRICT IS LIABLE FOR ANY INJURY THAT OCCURS AS A RESULT OF THE USE OF
THIS FACILITY, REGARDLESS OF THE CAUSE OF INJURY, INCLUDING THE DESIGN,
MAINTENANCE OF AND CONDITION OF THE FACILITY AND EQUIPMENT USED UNDER THIS
AGREEMENT.
THE
AND ITS MEMBERS, OFFICERS, AND EMPLOYEES ARE LIABLE FOR DAMAGE TO AND
PERSON THAT MAY ARISE AS A RESULT OF THE USE OF THE FACILITY, AS PROVIDED IN
SDCL 13-24-20 AND ARE LIABLE AS WELL FOR ANY DAMAGE TO THE FACILITY OR
EQUIPMENT PROVIDED BY THIS AGREEMENT.
SDCL
13-24-20 provides:
The school board may grant the use of school facilities, computers, motor
vehicles, or land belonging to the school district for any purposes which it
considers advisable as a community service for such compensation as it
determines. The use may also include a contract with a vendor that sells soft
drinks or other concessions on school property. The use may not interfere with
school activities. Any person or persons or public body using such school
facilities, computers, motor vehicles, or land is responsible to the school
district for any and all damages that may be caused by reason of the use or
occupancy. The school district is not liable for any damages which might arise
as the result of such use or occupancy, including the use of school computers
by students.
This
agreement is not valid and the facility may not be used unless this Agreement
is signed by the person or organization submitting the request prior to the
facility use. In addition to the liability undertaken herein by the
person or organization using the facility, such person or organization is
responsible to leave the facility in the manner in which it was found, without
exception, including without limitation that any areas used be left clean and
neat and all equipment be returned in the same condition it was when the use
was granted.
I
hereby certify that the foregoing use of facility was approved by the School
Board in open session on the
day
of
, 20 .
Superintendent or Business Manager
I
have read the foregoing Agreement and agree with its terms. I understand
that I, individually, and the organization I represent are liable for any
damages caused to the facility and any damages or injuries that may occur to
any person as a result of the use of the facility.
NAME OF ORGANIZATION
Signature of individual or
representative
Date
Adopted: May
8, 2001
Revised:
May 9, 2017
KG-R
RENTAL RATES OF SCHOOL FACILITIES
The
following fee structure shall be utilized in determining charges to be accessed
community organizations using school facilities.
HIGH
SCHOOL
ELEMENTARY SCHOOL
Auditorium
$75.00
Auditorium
$50.00
Gym
I
$50.00
Gym
$25.00
Gym
II
$50.00
Lunchroom (w/o kitchen) $20.00
Gym
III
$25.00
Lunchroom (w
kitchen) $40.00
Lunchroom (w/o
kitchen)
$20.00
Classroom
$10.00
Lunchroom (w
kitchen
$50.00
Classroom
$10.00
MIDDLE SCHOOL
Multi-Purpose (w/o kitchen) $20.00
Multi-Purpose (w kitchen) $40.00
Classroom
$10.00
No
rental fee will be accessed local governmental units, charitable and non-profit
organizations, or special benefit programs designated for specific charitable
purposes.
Charitable
organization shall be defined as “one to which a contribution is tax
deductible.” Non-profit organizations shall be defined as “one holding a
non-profit certificate issued by the IRS.”
A
custodian or lunch room employee fee, on a per hourly basis, will be charged when
the event/activity is held outside of the normal working hours of the
Lead-Deadwood custodian/lunchroom staff. Charitable and non-profit
organizations may elect to clean the facilities with no custodial/lunchroom fee
being accessed or request the school be responsible for cleaning the facilities
with the organizations billed for services.
A
technician fee, or a per hourly basis will be charged for use of the
Lead-Deadwood High School Auditorium when special lighting and/or sound
arrangements are needed.
Revised:
November 9, 2004
Revised: May 9,
2017
KG-R
REQUEST FOR USE OF
SCHOOL FACILITIES
Person/Organization:
Date of Request:
Day/Date
to be Used:
Time of Day: From:
Date:
Purpose
of Request:
Facility
and Room: Building:
Room:
Approximate
Number in Group:
Custodian
Services Needed: ( ) Yes ( ) No
Explanation:
School
Person Assigned:
Custodian
Assigned:
Rental
Fee to be
Charged:
( ) Yes ( ) No
Rent
$
Make
check payable to:
Custodial
$
Leal-Deadwood School District #40-1
Other
Services $
Send to:
Business Manager
320 South Main
TOTAL:
$
Lead, South Dakota 57754
Contact
made: ( ) in person; ( ) by telephone
( ) Approved ( ) Denied
Authorized Person of
Organization
Lead-Deadwood School District #40-1
By:
Address
City
State Zip
Any
group or individual using any facility will be held responsible for any damages
to the premises. These damages will be in addition to the above charges.
cc:
Organization
Administrator of the Building
Business
Manager
Revised: February 10, 1997
KG-R
LEAD-DEADWOOD
SCHOOL DISTRICT 40-1
FACILITY USE AGREEMENT – SUPPLEMENTAL
INFORMATION
It
is the responsibility of the organization to manage the facility during the
event/activity per Lead-Deadwood School District policy and regulations and
South Dakota Codified Law.
1)
Adequate crowd control must be provided. Adequate crowd control is so
defined as no less than (
) persons of legal age.
- Management of the facility
shall begin a minimum of forty-five (45) minutes prior to the
event/activity and conclude after all spectators, event/activity
participants and organization cleaning crew members (if utilized) have
left the facility.
Organizational
clean up of the facility must meet custodial approval prior to the organization
leaving the facility. If not satisfactory, the situation shall be
corrected by the organization or additional fees will be assessed the
organization for custodial services.
3) In granting this Facility Use
Agreement, the Lead-Deadwood School District 40-1 does not relinquish and does
hereby retain the right to control and enforce all necessary and proper
regulations for the management and operation of its’ facilities. School
district administrative and/or authorized maintenance personnel may enter the
demised premises at any time and on any occasion.
4) A school custodian will be
present in the facility during the event/activity or assigned as the building
principal determines necessary. It is the responsibility of the
organization to notify this individual of damages, mechanical or facility
malfunctions (i.e. plugged toilet), trash removal needs, restroom paper needs,
and/or clean up needs.
An hourly fee will be charged to the organization when the event/activity is
held outside the normal working hours of the Lead-Deadwood custodial staff.
5) The Lead-Deadwood School
District assumes no responsibility whatever for any property placed in said
facilities, and is hereby expressly released from any and all liability for any
loss, injury or damage to persons or property that may be sustained by or
during use of the facilities covered under this agreement. Insurance is
the responsibility of the organization.
In the case that the facilities are not vacated per this agreement, the
Lead-Deadwood School District is authorized to remove and dispose of all goods,
wares, merchandise and property of any kind from the facilities.
Date
Authorized Rep—Lead/Deadwood Schools
Date
Authorized Person of Organization
Revised:
February 10, 1997
KGB
PUBLIC CONDUCT ON SCHOOL PROPERTY
AND AT SCHOOL
EVENTS
Although
the Lead-Deadwood School District Board of Education welcomes the use of its
facilities for public events and public visitation to the schools, the Board
expects all visitors to abide by acceptable rules of conduct. To maintain
order on school property, the Board prohibits the following conduct or acts on
school property or at school events:
1.
The willful physical injury of any person or the threat to use force which
would result in such injury.
2.
The harassment or coercion of any person.
3.
The willful damage to or destruction of property.
4.
The entry of any school building or upon any portion of the school premises
unless such entry is made in connection with official business with the
district or to attend an activity or function authorized thereby.
5.
The willful interference with lawful and authorized activities of others.
6.
The possession, consumption, or exchange of alcoholic beverages, unauthorized
drugs or narcotics on school property.
7.
The use of all forms of tobacco by staff members, employees, visitors or guests
in all District buildings (in compliance with Public Law 103-227, Part C
Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994), on
school grounds, in all school vehicles at all times and at any school-related
functions.
8.
The possession or use on school district property or at school events at any
time of the year of any firearm pellet gun, air gun, (including look-alike
facsimile or homemade gun), knives (including pocket knives), device,
instrument, material or substance, whether animate or inanimate, which is
calculated and designed to inflict death or serious bodily harm or in the
manner by which it is used is likely inflict death or serious bodily harm.
9.
The violation of any federal or state statute, local ordinance or Board Policy.
10.
The refusal or failure of any person to comply with a lawful order or direction
of an official of the school district in the performance of their duties.
- The distribution or posting of any written material,
pamphlets or posters without the prior written approval of the
administration.
Enforcement
and Penalties
Any violation of the above shall be reported immediately to the building
principal. The building principal will investigate the case thoroughly
and make a written report to the superintendent. Penalties that may be
imposed by the administration include:
A reprimand
An order to leave school property immediately;
Assistance from law enforcement to include a request that appropriate charges
be filed.
Other
Penalties
The penalties mentioned above are not considered to be inclusive or to preclude
in any way the prosecution and conviction of any person for the violation of
any federal or state law or local ordinance and the imposition of a fine or
penalty provided for therein.
Adopted:
December 12, 2006
KK
SEX OFFENDERS
No
person who is registered as a sex offender pursuant to SDCL Chapter 22-24B may
knowingly be present on Lead-Deadwood School District property. The
school board may, in its sole discretion, waive, subject to any reasonable
restriction, limitation, or condition that the school may elect to impose enforcement
of this policy. Upon issuance of any waiver the school board retains the
right to revoke or modify the waiver. Waiver forms may be obtained by
contacting the district administrative office.
Approved:
July 10, 2007
KK(1)
WAIVER REQUEST
Applicant
name:
Address:
Phone
number:
REQUEST:
In
accordance with Sex Offender Policy KK of the Lead-Deadwood School District, I
am requesting a waiver for the following purpose: (Please be specific in
your request, i.e., date, event, etc.)
Please
provide the following information for consideration with your request:
Date
of Offense:
County and State of Offense:
Factual Narrative of the Offense: (if additional space is needed please attach
additional page(s):
Please
identify the following:
Your Child’s
Name:
Current Grade:
In
addition to the above information, please provide a copy of the Judgment of Conviction and
any further documents you believe would assist the District in its
consideration of this Waiver Request.
Dated
this day of
, 20 .
Name
Revised: May 9,
2017
KK(2)
Waiver Approval and Protocol
The
Lead-Deadwood School District Board of Education has agreed to grant a waiver
for
for the following purposes:
Board President
Signature
Date
The
following are required protocol actions for attending functions on school
property.
Upon
entering school property:
- You must proceed directly to
the Principal’s office and sign in.
- You will be escorted to the
meeting site.
- You will be escorted from the
meeting site and you must immediately leave school property.
I
understand the above information and agree to abide by all requirements set
forth in this document.
Signature
Date
Revised:
May 9, 2017
KLD
PUBLIC COMPLAINTS ABOUT THE
CURRICULUM AND INSTRUCTIONAL MATERIALS
The Board
reserves to itself the final responsibility for all instructional materials
used and curricula taught in the district schools. The Board recognizes that
without a free and vigorous exchange of ideas, learning and teaching cannot
take place effectively.
The Board
also recognizes that district residents have a right to express concern about
the educational programs of their schools. When citizens have concerns about
particular courses or instructional materials, these concerns should be stated
in writing, carefully considered, and accorded the courtesy of a prompt reply
by school personnel. All such replies will be based on the instructional goals
of the district, upon course objectives, and upon the criteria for selection of
instructional materials.
Staff
members will attempt to accommodate serious religious or moral objections to
particular instructional materials by providing alternate materials whenever
possible. However, attempts by parents or students to control what others read
and study will be subject to careful scrutiny and question by school employees
and the Board.
Complaints against instructional materials will be considered a most serious
matter and will be processed in a very deliberate manner. Therefore, the
following procedures are to be followed, step-by-step. Complaints that reach
Step 3 will be reported to the Board.
The
material in question should first be discussed with the teacher or librarian
who will report the results of this meeting to the principal.
If
satisfaction is not reached, the complainant may continue with Step 2.
The
principal will meet to discuss the material with the complainant and the
teacher or librarian. The results of the meeting will be reported to the
Superintendent. If satisfaction is not gained, the complainant will be
requested to complete the form, "Request for Reconsideration of
Instructional Materials," before proceeding to Step 3.
The
Superintendent will appoint a review committee composed of the following
members:
- The building principal.
- The building librarian.
- Two building teachers.
- Three adult citizens.
The
committee members will be requested to read or view the material and respond to
the complainants' answers to the questions on the form, "Request for
Reconsideration of Instructional Materials." The recommendation of the
committee will be sent to the complainant by the Superintendent. If the complainant
is not satisfied, he may continue with Step 4.
The
Superintendent will meet with the complainant to resolve the problem. If an
impasse has developed, the matter is to be directed to the Board in Step 5.
The complainant will appear before the Board as the final step in the
request for reconsideration of instructional materials.
KMI
DISTRIBUTION/POSTING OF
INFORMATIONAL/POLITICAL
MATERIALS
General
Guidelines
Individuals,
including students, may have the right to distribute, on school premises and at
reasonable times and places, unofficial written material, petitions, buttons,
badges or other insignia, except expression which, in the judgment of the
building principal.
- is obscene
- is libelous
- contains indecent, vulgar, profane, or lewd language
- advertises any product or service not permitted to
minors by law
- constitutes insulting or fighting words that may be
considered harassment or injurious
- presents a clear and present likelihood that it will
cause a material and substantial disruption of the proper and orderly
operation and discipline of the school or school activities.
Distribution
on school premises of the aforementioned material to any student is prohibited.
Procedures
Materials
may only be distributed by a school related individual or group. Anyone wishing
to distribute unofficial written material must first submit for approval a copy
of the material to the building principal or designee at least twenty-four
hours in advance of desired distribution time, together with the following
information:
- Name and phone number of the person submitting request
- Date(s) and time(s) of day of intended display or
distribution
- Location where material will be displayed or
distributed
- The grade(s) of students to whom the display or
distribution is intended.
All
such materials must also contain the following statement: THE LEAD-DEADWOOD SCHOOL
DISTRICT NEITHER ENDORSES NOR SPONSORS THE ORGANIZATION OR ACTIVITY REPRESENTED
IN THIS DOCUMENT. THE DISTRIBUTIONOF THIS MATERIAL IS PROVIDED AS A
COMMUNITY SERVICE.
The
Principal will render a decision on whether or not the material may be
distributed as planned, and will include reasons for refusal if that is the
decision. The decision may be appealed to the Superintendent of Schools,
in writing, within twenty-four hours of receipt of the Principal’s
response. The Superintendent (or designee) will arrange a meeting for
discussion of the issue and will render a decision within three days of the
meeting. There is no further appeal of the Superintendent’s decision.
Approved
materials will be sent home with elementary students. The school is not
responsible for making copies. If a request to make copies is granted,
$.05 per copy will be charged. At the Middle School and High School
approved materials will be made available in the school office. No
instructional time will be used to present information regarding non-school
programs.
Disciplinary
Action
Distribution
of any student of unofficial material that has not been approved by the school
administration may result in immediate termination of the distribution, and
students may be subject to disciplinary action including suspension and
expulsion. Any other party violating this policy may be requested to
leave school property immediately, and, if necessary, local law enforcement
officials will be called.
Political
Materials and Signs
Political
signs cannot be posted on school grounds unless a school building is being used
as a polling place, and then can be posted only for a period starting at 5:00
p.m. on the day before Election Day and ending at 9:00 p.m. on Election Day in
a matter that complies with State Law. With the exception of items being
used for instructional purposes or school-related student campaigns, political
materials shall not be distributed on school grounds. No political and
ballot issue campaign material shall be distributed to students, or made
available before, during, or after school, at school events or on school
property.
Adopted:
January 12, 2010
Revised: May 9,
2017
KNAJ
COOPERATION WITH LAW ENFORCEMENT
AGENCIES
School
authorities will cooperate with all law enforcement officials, but no student
shall be taken from school buildings without parental notification. Other
than the School Resource Officer, police interrogation of students at the
school must be conducted in the presence of the school administrator and/or
parents.
Police
and welfare authorities are requested to notify school officials of all public
school students who are convicted of major offenses against the school
society. Upon receipt of such notice, the student will be advised by
school officials that the student is on probation.
Law
Enforcement/Dept. of Social Services Interviewing Students
When students are at school or involved in a school activity off school
grounds, the school has an obligation to the students and their parents, and
also an obligation to authorities such as law enforcement and the Department of
Social Services. This policy balances the rights of students and parents with
the rights and responsibilities of law enforcement and the Department of Social
Services as those entities investigation juvenile delinquency and criminal
matters and also matters related to suspected child abuse and neglect. It is
therefore the policy of the District that
(1) should a law enforcement officer other than the School Resource Officer,
wish to talk with (interview) a student under the age of 18* while the student
is at school (or involved in a school activity off school grounds) for a reason
other than investigating suspected child abuse or neglect, the District will
not grant permission for the law enforcement officer to talk with (interview)
the student unless the school has first notified the student’s parent/guardian
and received permission from the parent/guardian for the student to talk with
the law enforcement officer. Parents/guardians have the right to deny the
request from law enforcement officer to talk with the student.
Parents/guardians shall also be afforded the opportunity to be present during
the interview should permission be granted by the parent/guardian for a law
enforcement officer to talk with (interview) the student. HOWEVER, if the law
enforcement expressly prohibits the school from contacting the parent/guardian
pursuant to this policy provision, the school will follow law enforcement’s
directive.
(2) Should the Department of Social Services (DSS) or law enforcement or the
State’s Attorney be investigating suspected child abuse or neglect and wish to
talk with (interview) a student under the age of 18* while the student is at
school (or involved in a school activity off school grounds), the request to
talk with (interview) the student shall be documented by the school
administrator, including the name of the person making the request, the date of
the request and date of interview, and that the request is made for the reason
of investigating suspected child abuse or neglect. The law in South Dakota
requires investigation of suspected child abuse and neglect be kept
confidential and that the investigation (interview) can be done without
notification to and approval by the parents/guardians. Therefore, the school
will not notify parents/guardians of a request by the Department of Social
Services, law enforcement or the State’s Attorney to talk with (interview) a
student about suspected child abuse and neglect.
*
Upon the student reaching the age of 18, the student is a legal adult and has
the authority to make the decision whether or not to talk with law enforcement,
DSS or the State’s Attorney and without parental notification and approval.
However, unless expressly prohibited by the person(s) seeking to talk with
(interview) the students, the school shall give the student an opportunity to
contact his/her parents/guardians for advice before responding to a request by
DSS, law enforcement or the State’s Attorney to talk with one or more of them.
Adopted:
January 12, 2010
Revised:
May 9, 2017
SECTION
L:
EDUCATION AGENCY RELATIONS
There
are no Lead-Deadwood School District policies in Section L that have been approved
by the Lead-Deadwood Board of Education.