Manila, Utah

December 10, 2009

The regular meeting of the Daggett Board of Education was held in Room 6 of the district office building on December 10, 2009. President Asbill called the meeting to order at 6:00 PM. Also attending were members Jones, Barber, Olsen and Pallesen; Superintendent Northcott; Principal Gonder.

Mrs. Barber moved to approve the Consent Calendar, seconded by Mrs. Pallesen, motion carried unanimously with Mrs. Pallesen opposing. The Consent Calendar included the minutes of the November 12, 2009 board meeting; and the Warrant List and Financial Statement.

Mrs. Pallesen moved to approve policy #1800 – Community Involvement in Education; #3025 – Employment: Personal Reporting of Arrests and Convictions; #3610 – Acceptable Use of District Owned Electronic Communication Devices – Exhibit #1 on the 3^rd and final reading. Motion seconded by Mr. Olsen, motion carried unanimously.

Mrs. Jones moved to approve the following policies on the 2^nd and final reading, seconded by Mrs. Barber, motion carried unanimously.

3530

Orderly School Termination for Employees -

All Employees Can Obtain Career Status

Definitions

For purposes of this policy, the following definitions apply:

“Career Employee”

An employee of the District who has obtained a reasonable expectation of continued employment is a “Career Employee.” An employee who works for the District on at least a half-time basis becomes a career employee upon the successful completion of three full consecutive academic school years with the District as a provisional employee. If the provisional employee starts after the beginning of the school year, he or she must successfully complete that school year plus three other full academic years before he or she becomes a career employee. Successful completion is determined by performance of all contractual duties within standards acceptable to the District.

Utah Code Ann. § 53A-8-102 (2007)

“Provisional Employee”

Any employee who has not achieved career employee status is a “Provisional Employee.” A provisional employee is an employee, who works for the District on at least a half-time basis, hired on an individual, one-year contract and who is not a temporary employee. Provisional employees have no expectation of continued employment beyond the current one-year contract term. Provisional employees are employed at will and their employment can be terminated at the discretion of the Board of Education except that provisional employees can be discharged during the term of each contract only for cause.

Utah Code Ann. § 53A-8-102 (2007)

“Classified Employees”

Classified Employees are all non-certified employees of the District.

“Temporary Employee”

Temporary employees are all employees employed on a temporary basis. Temporary employees also include those seasonal employees who are employed for less than the full academic year. An appointment of a temporary employee may not be for a period of time greater than one year. Temporary employees are employed at the will of the District and have no expectation of continued employment and their employment may be terminated at any time without cause. Temporary employees are not career employees or provisional employees as defined by Utah Code Annotated § 53A-8-102 and the policies of this District.

Utah Code Ann. § 53A-8-102 (2007)

“Contracted Service Providers”

Contracted Service Providers are individuals regardless of employment status (full or part-time) who by nature of their profession are not required to hold a professional certificate issued by the Utah State Board of Education who are paid by contract to provide specific types of services for the District but who are not employees, are not on the District payroll and do not receive the same benefits enjoyed by regular employees of the District.

“Extra Duty Contracts”

An employee who is hired to coach athletics or to help with clubs or other extra curricular duties does not have an expectation of continued employment as coach or in the extra curricular position beyond the immediate school year or contract term. There are no rights to a due process hearing if a person is released from coaching or an extra duty position. A person may be released from a coaching or extra curricular position at the discretion of the Board.

“Employee”

A person, other than the District superintendent or business administrator, who is a career or provisional employee of the District.

Utah Code Ann. § 53A-8-102 (2007)

“Contract Term or Term of Employment”

The term of employment is the period of time during which an employee is engaged by the District under a contract of employment, whether oral or written. Notwithstanding, all contracts of employment shall be in writing.

“Dismissal or Termination”

An employee shall be deemed to be discharged upon occurrence of any of the following events:

1) Termination of the status of employment of an employee.

2) Failure to renew the employment contract of a career employee.

3) Reduction in salary of an employee not generally applied to all employees of the same category employed by the District during the employee’s contract term.

4) Change of assignment of an employee with an accompanying reduction in pay unless the assignment change and salary reduction are agreed to in writing.

Utah Code Ann. § 53A-8-102 (2007)

Causes for Dismissal or Non-Renewal

Any employee may be suspended or discharged during a contract term for any of the following:

1) Immorality;

2) Insubordination or failure to comply with directives from supervisors;

3) Incompetence;

4) Conviction, including entering a plea of guilty or nolo contendere (no contest), of a felony or misdemeanor involving moral turpitude or immoral conduct;

5) Conduct which may be harmful to students or to the District;

6) Improper or unlawful physical contact with students;

7) Violation of District policy;

8) Unprofessional conduct not characteristic of or befitting a District employee;

9) Manufacturing, possessing, using, dispensing distributing, selling and/or engaging in any transaction or action to facilitate the use, dispersal or distribution of any illicit (as opposed to authorized) drugs or alcohol on District premises or as a party of any District activity;

10) Current addiction to or dependency on a narcotic or other controlled substance.

11) Dishonesty or falsification of any information supplied to the District; including data on application forms; employment records or other information given to the District;

12) Engagement in sexual harassment of a student or employee of the District;

13) Neglect of duty, including unexcused absences, excessive tardiness, excessive absences, and abuse of leave policies or failure to maintain certification;

14) Deficiencies pointed out as part of any appraisal or evaluation;

15) Failure to fulfill duties or responsibilities;

16) Inability to maintain discipline in the classroom or at assigned school-related functions;

17) Drunkenness or excessive use of alcoholic beverages or controlled substances;

18) Disability not otherwise protected by law that impairs performance of required job duties;

19) Failure to maintain an effective working relationship, or to maintain good rapport with parents, co-workers, the community or colleges;

20) Failure to maintain requirements for licensure or certification;

21) For any other reason justifying termination of employment for cause.

Termination for Unsatisfactory Performance

If a career employee is terminated due to unsatisfactory performance, the unsatisfactory performance must be documented in at least two evaluations at any time in the preceding three (3) years in accordance with District policies or practices. Such evaluations may be conducted at any time that is reasonable to assess the employee’s performance.

Utah Code Ann. § 53A-8-104(2) (2007)

Procedural Due Process

Notice to Career Employee of Unsatisfactory Performance

If the District intends not to renew the contract of a career employee for reasons of unsatisfactory performance it shall:

1) Notify a career employee at least thirty (30) days prior to issuing a notice of intent not to renew the employee’s contract that continued employment is in question and the reasons for anticipated non-renewal;

2) Provide to the career employee thirty (30) days in which to correct the problem;

3) The Board may in its discretion, grant the career employee assistance to correct the deficiencies, including informal conferences and the services of school personnel within the District;

4) Nothing in this Policy shall be construed to require compliance with or completion of evaluations prior to non-renewal of a career employee’s contract.

Utah Code Ann. § 53A-8-104(2) (2007)

Notice of Intent not to Renew Contract of Career Employee

If the District intends not to renew the contract of employment of a career employee after giving notice that continued employment is in question, it shall:

1) Give notice that a contract of employment will not be offered for the following school year to the individual.

2) Issue notice at least thirty (30) days before the end of the contract term of the individual.

3) Serve notice by personal delivery or certified mail to the employee’s most recent address shown on the district’s personnel records.

Notice of Intent to Terminate Employment During Term of Contract

If the District intends to terminate an employee’s contract during the contract term, the District shall:

1) Give written notice of that intent to the employee;

2) Serve the notice by personal delivery or by certified mail addressed to the individual’s last known address.

3) Serve the notice at least thirty (30) days prior to the proposed date of termination;

4) State the date of termination and detailed reasons for termination.

5) Give notice of the individual’s right to appeal the decision to terminate employment and the right to a hearing and the right to legal counsel, to present evidence, cross-examine witnesses and present arguments at the hearing.

6) Notify the employee that failure to request a hearing within fifteen (15) days after the notice of termination was either personally delivered or mailed to the employee’s most recent address shown on the district’s personnel records shall constitute a waiver of the right to contest the decision to terminate.

Utah Code Ann. § 53A-8-104 (2007)

Notice of Intent Not to Offer a Contract to a Provisional Employee

If the District intends not to offer a contract of employment for the succeeding school year to a provisional employee, it shall give notice at least sixty (60) days before the end of the provisional employee’s contract term that the employee will not be offered a contract for a following term of employment. Because provisional employees do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a hearing.

Utah Code Ann. § 53A-8-104(4) (2007)

Notice of Intent to Terminate or Not Offer a Contract to a Temporary Employee

Temporary employees will be given notice of a minimum of ten (10) working days of the termination of their employment. Because temporary employees do not have an expectation of continued employment, they do not have a right to grieve the decision to terminate or not to extend employment and do not have a right to a hearing.

Expectation of Continued Employment in Absence of Notice

In the absence of a notice, a career or provisional employee is considered employed for the next contract term with a salary based upon the salary schedule applicable to the class of employees into which the individual falls.

This provision does not preclude the dismissal of a career or provisional employee during the contract term for cause.

Utah Code Ann. § 53A-8-104(5) (2007)

Right to an Informal Conference

A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must advise the individual that he or she may request an informal conference before the Superintendent or Superintendent's designee. The request for an informal conference must be made in writing and delivered to the Superintendent's office within ten (10) days of the date on the notice of intention not to renew or notice of termination during the contract term. The informal conference will be held as soon as is practicable. Suspension pending a hearing may be without pay if the Superintendent or a designee determines after the informal conference, or after the employee had an opportunity to have an informal conference, that it is likely that the reasons for cause will result in termination.

Employee’s Right to Hearing

A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must also advise the individual that if after the informal conference the employee wishes a hearing on the matter, he or she must submit written notice to that effect to the Superintendent’s office within five (5) days of the informal conference. If the employee wishes to not have an informal conference, but does wish to have a hearing, he or she must submit written notice to that effect within fifteen (15) days of the date on the notice of intent not to renew or notice of termination during the contract term. Upon timely receipt of the notice, the Superintendent will notify the Board, which will then either appoint a hearing examiner or hearing board or determine to hear the matter itself. In either case, the Board will then send notice of the date, time and place of hearing to the Superintendent and to the employee. If the employee does not request a hearing within fifteen (15) days, then the employee shall have waived any right to a hearing and to contest the decision.

Appointing a Hearing Examiner

If the Board of Education determines that the hearing shall be conducted by a hearing examiner or board, it shall so advise the Superintendent to appoint a board of three District administrators who have no substantial knowledge of the facts of the case or select an independent hearing examiner.

In so appointing a hearing examiner or hearing board, the Board of Education may delegate its authority to the hearing officer or hearing board to make findings and decisions relating to the employment of the employee that are binding upon both the employee and the Board of Education. In the absence of an express delegation, the Board retains the right to make its own decision based on the factual findings of the hearing officer.

Utah Code Ann. § 53A-8-105 (2007)

Rights of Employee at a Hearing

At the hearing, the employee and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to examine documentary evidence.

Utah Code Ann. § 53A-8-105 (2007)

Decision

Within fifteen (15) days after the hearing, the person or entity that conducted the hearing, whether the hearing examiner, hearing board, or Board of Education, shall issue written findings and conclusions deciding the matter. These shall be provided to the employee by mail or personal delivery.

In the event the decision of the board or hearing officer is to not terminate the employment of the employee, then the employee shall be reinstated and back pay shall be paid if the employee was suspended without pay pending a hearing.

Suspension During Investigation

The active service of an employee may be suspended by the Superintendent pending a hearing if it appears that the continued employment of the individual may be harmful to students or to the District. The employee shall be provided written notice of the suspension, which may be included with written notice of termination of employment during the contract term or notice of non-renewal of contract.

Utah Code Ann. § 53A-8-104(7) (2007)

Necessary Staff Reduction not Precluded

Nothing in this policy prevents staff reduction if necessary to reduce the number of employees because of the following:

1) declining student enrollments in the district;

2) the discontinuance or substantial reduction of a particular service or program;

3) the shortage of anticipated revenue after the budget has been adopted; or

4) school consolidation.

Utah Code Ann. § 53A-8-104 (2007)

No Verbal Agreements

It is the policy of the District that all agreements with employees must be written; there are no verbal agreements because all agreements must be approved by the Board of Education. Only the Board of Education has authority to hire and fire unless such authority has been expressly delegated in writing.

4200

Curriculum: Required Instruction

Required Core Curriculum

The District’s curriculum shall at least meet the minimum requirements of state law and State Board rules. Those minimum requirements are to contain the essential elements of each subject at appropriate grade levels. The essential elements represent the core knowledge, skills, and competencies all students should learn to be effective and productive members of society. The District may add elements at its discretion, but shall not delete or omit instruction in the essential elements.

Utah Admin. Rules R277-700-4 (March 3, 2004)

In addition, the District shall provide character education in connection with regular schoolwork, through an integrated curriculum approach. Instruction in this area shall emphasize honesty, temperance, morality, courtesy, obedience to law, respect for and an understanding of the constitutions of the United States and the state of Utah, the essentials and benefits of the free enterprise system, respect for parents and home, and the dignity and necessity of honest labor and other skills, habits, and qualities of character which will promote an upright and desirable citizenry and better prepare students for a richer, happier life.

Utah Code Ann. § 53A-13-109(3) (2004)

K-6 Core Curriculum

The general core curriculum in grades K-6 shall consist of:

1) Grades K-2:

a) Reading/Language Arts

b) Mathematics

c) Integrated Curriculum

2) Grades 3-6

a) Reading/Language Arts

b) Mathematics

c) Science

d) Social Studies

e) Arts;

f) Visual Arts;

g) Music;

h) Dance;

i) Theatre

j) Health Education

k) Physical Education

l) Educational Technology

m) Library Media

Utah Admin. R. R277-700-4 (March 3, 2004)

Grades 7-8 Core Curriculum

In grades 7-8, students shall take a minimum of 12 total units. The District shall teach, and each student shall take, the following units:

1) Language Arts – 2 units.

2) Mathematics – 2 units.

3) Science – 1.5 units.

4) Social Studies – 1.5 units.

5) The Arts – 1.0 units.

a) Visual Arts

b) Music

c) Dance

d) Theatre

6) Physical Education – 1.0 units.

7) Health Education – 0.5 units.

8) Applied Technology, Education Technology, Life, and Careers — 1.0 units.

9) Educational Technology (credit optional).

10) Library Media (integrated into subject areas).

Utah Admin. Rules R277-700-5 (March 3, 2004)

Grades 9-12 Core Curriculum

The minimum number of core curriculum credits required for students in grades 9-12 shall be 18.5 as follows:

1) Language Arts – 4 units.

2) Mathematics - 3 units.

a) Elementary Algebra or Applied Math I and

b) Geometry or Applied Math II, or

c) Any advanced math courses in sequence beyond Elementary Algebra or Applied Math I (no credit is awarded for courses below these classes)

3) Science - 3 units of course work must be represented from at least two of the following areas:

a) Earth Systems Science—1.0 units

b) Biological Science—1.0 units

c) Chemistry—1.0 units

d) Physics—1.0 units

4) Social Studies—2.5 units including:

a) Geography for Life—0.5 units

b) World Civilizations—0.5 units

c) U.S. History—1.0 units

d) U.S. Government and Citizenship—0.5 units

5) Arts - 1.5 units from any of the following areas:

a) Visual Arts

b) Music

c) Dance

d) Theatre

6) Physical and Health Education—2.0 units including:

a) Health—0.5 units

b) Participation Skills—0.5 units

c) Fitness for Life—0.5 units

d) Individualized Lifetime Activities (0.5 units) or team sport/athletic participation (maximum of 0.5 units with school approval)

7) Applied Technology—1.0 units from among the following areas:

a) Agriculture

b) Business

c) Family and Consumer Sciences

d) Health Science and Technology

e) Information Technology

f) Marketing

g) Technology Education

h) Trade and Technical Education

8) Educational Technology—0.5 units as follows:

a) Computer Technology (0.5 units for the class of this name) or

b) At the school’s discretion, for successful completion of a state-approved competency examination

9) Integrated Adult Roles/Financial Literacy 1.0 units

10) Library Media Skills (integrated into the subject areas)

Utah Admin. Rules R277-700-6 (March 3, 2004)

Elective Courses

In addition to the 18.5 core credits, students must complete a minimum of 5.5 elective credits to obtain the minimum of 24 credits needed for graduation.

Health and Human Sexuality Guidelines

All health and human sexuality education shall stress the importance of abstinence from all sexual activity before marriage and fidelity after marriage as methods of preventing sexually transmitted diseases. The curriculum and education shall also stress personal skills that encourage individual choice of abstinence and fidelity in marriage.

At no time may instruction be provided, including responses to spontaneous questions raised by students, regarding any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult.

Nothing in this policy precludes an educator from responding to a spontaneous question provided that the response is consistent with this policy.

Utah Code Ann. § 53A-13-101(1)(b) (2004)

Textbooks and instructional materials shall be chosen by the District that comply with the state law and this policy emphasizing abstinence before marriage and fidelity after marriage. The following are prohibited in instruction materials:

1) instruction in the intricacies of intercourse, sexual stimulation, or erotic behavior;

2) the advocacy of homosexuality;

3) advocating or encouraging the use of contraceptives; or

4) advocating sexual activity outside of marriage

Utah Admin. Rules R277-474-3 (December 5, 2001)

Appeal of Board’s Decision on Sexuality Curriculum

Any parent who disagrees with human sexuality curriculum may request the Board to hear concerns in an open meeting and may ask the Board to reconsider its curriculum decision.

5242

Wellness Policy - Food Sales

Food Sales

Each school that sells foods that are not part of the reimbursable lunch, breakfast or after‑school snack programs (i.e., food sold in a la carte lines, vending machines and school stores) may:

1) prohibit the sale of foods of minimal nutritional value (See Appendix A) or make inaccessible or inoperable vending machines that contain foods of minimal nutritional value during school hours or meal times; and/or

2) prohibit foods:

a) that are more than 35 percent total fat (not including nuts, seeds, non‑fat and low‑fat dairy);

b) in which more than 10 percent of the total calories come from saturated fat (not including nuts, seeds, non‑fat and low‑fat dairy);

c) that contain any trans fats;

d) that list “caffeine” as an ingredient;

e) in which more than 35 percent of the product is sugar by weight (not including 100 percent fruit or vegetable juice with no added sugars; fruits; vegetables; nonfat or low‑fat milk or yogurt);

f) with a sodium content greater than 200 mg per portion (not including 100 percent fruit or vegetable juice; fruits; vegetables; nonfat or low‑fat milk, yogurt or cheese); or

g) that are more than 300 calories per unit.

3) incorporate pricing that encourages the consumption of healthy foods in a la carte lines, vending machines and school stores.

4) include fruits, vegetables, salad bars, whole grain products and low-fat dairy and protein products while restricting the frequency of breaded and fried items as a la carte options.

5) limit available food and beverage portion sizes as follows:

a) snacks and sweets (chips, crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, or jerky): 1.25 oz.

b) cookies/ cereal bars: 2 oz.

c) bakery items (e.g., pastries, muffins, donuts): 3 oz

d) frozen desserts, ice cream: 3 oz.

e) yogurt: 4-8 oz.

f) beverages (no limit on water): 12 oz.

g) string cheese: 1 oz

Utah Admin Reg. R277-719-4 (2008)

The policy shall apply to all foods sold anywhere on school grounds during the school day when school is in session in all areas of the school accessible to students.

Each school should adopt policies to achieve or exceed the federal standards for the school breakfast and lunch programs.

Wellness Policy – Food Sales: Appendix A

Foods of Minimal Nutritional Value as Defined by the USDA

1) Soda Water-any carbonated beverage (even water). No product shall be excluded from this definition because it contains discrete nutrients added to the food, such as vitamins, minerals and protein.

2) Water Ices-any frozen, sweetened water such as “…sicles” and flavored ice with the exception of products that contain fruit or fruit juice.

3) Chewing Gum-any flavored products from natural or synthetic gums and other ingredients that form an insoluble mass for chewing.

4) Certain Candies-any processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients that characterize the following types:

a) Hard Candy-a product made predominantly from sugar (sucrose) and corn syrup that may be flavored and colored, is characterized by a hard, brittle texture and includes such items as sour balls, lollipops, fruit balls, candy sticks, starlight mints, after dinner mints, jaw breakers, sugar wafers, rock candy, cinnamon candies, breath mints and cough drops.

b) Jellies and Gums-a mixture of carbohydrates that are combined to form a stable gelatinous system of jellylike character and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices.

c) Marshmallow Candies-an aerated confection composed of sugar, corn syrup, invert sugar, and 20% water and gelatin or egg white, to which flavors and colors may be added.

d) Fondant-a product consisting of microscopic-sized sugar crystals that are separated by a thin film of sugar and/or invert sugar in solution, such as candy corn and soft mints.

e) Licorice-a product made predominantly from sugar and corn syrup that is flavored with an extract made from the licorice root.

f) Spun Candy-a product that is made from sugar that has been boiled at high temperature and spun at a high speed in a special machine.

Superintendent Northcott reviewed with the Board concept drawings of an addition to the west end of Manila High School. The project is intended to provide additional classrooms to the school to enhance the fine arts education. Mr. Olsen moved to continue forward with the RFP for Architectural Design Services, seconded by Mrs. Pallesen, motion carried unanimously.

Mrs. Barber moved to approve a $300.00/$150.00 base plus 2% Christmas bonus for employees, seconded by Mr. Olsen, motion carried unanimously.

Mrs. Barber reported that with the budget cuts UBATC is facing they are considering opting out of social security. She also reported that The Council of Occupation Education had to come and approve the location of the new building. The COE team was very impressed not only with the new campus, but also the high level of professionalism of the personnel that staffs the facility.

Mr. Olsen moved to adjourn the meeting in order to attend the District Christmas Party, seconded by Mrs. Pallesen, motion carried unanimously.

President, Board of Education Clerk, Board of Education