Manila, Utah

March 12, 2008

The regular meeting of the Daggett Board of Education was held in Room 6 of the district office building on March 12, 2008. President Asbill called meeting to order at 6:00 P.M. Also attending were members Steen, Barber, Olsen and Pallesen; Superintendent Northcott; Business Administrator Robinson and Vice-Principal Schell.

Mrs. Steen moved to approve the Consent Calendar, seconded by Mrs. Barber, motion carried. The Consent Calendar included minutes of February 13, 2008 Board Meeting and Warrant List and Financial Statement.

Mr. Olsen moved to approve Policy series #5000 through #5160 on the 3rd Reading, seconded by Mrs. Pallesen, motion carried.

Mrs. Pallesen moved to approve Policy series #5200 through #5370 on the 2^nd Reading, seconded by Mrs. Steen, motion carried.

5200

Transfers and Assignments

Transfers

Children residing in the District may attend school in another District if written notification is received by the District and written permission is given by the other district.

Students permitted to enroll in another district are considered residents of the other district, and attendance data on those students required for school funding shall not be reported by the District.

In adjusting school boundaries, the Board will strive to avoid requiring current students to change schools and shall, to the extent reasonably feasible, accommodate parents who wish to avoid having their children attend different schools of the same level because of boundary changes which occur after one or more children in the family begin attending one of the affected schools.

Utah Code Ann. §53A-2-213

Contracts for Education outside the District

The District may contract with one or more other accredited districts to educate students whose grades are not taught in the District.

Assignments

The Board or its designee shall, as it determines appropriate, assign any student from one school facility or classroom within the District to another facility or classroom within the District. Such assignments shall be made upon an individual basis.

Requests

The parent, legal guardian, or responsible adult resident of any student may request, by petition in writing, the assignment of the student to a designated school or to a school to be designated by the Board or its designee.

In granting requests for specific school assignments, the Board will consider the fact that an applicant's brother or sister is attending the school.

Utah Code Ann. §53A-2-213

Protests

The parent, legal guardian or responsible adult resident of any student may protest the assignment of a student to the school to which the student has been assigned by sending a written petition to the Board.

Upon receiving a petition to request or protest a student's assignment, the Board or its designee shall proceed as follows:

1) If no hearing is requested, act on the petition within thirty days and notify the petitioner of its conclusion.

2) If a hearing is requested, designate a time and place for holding a hearing within thirty days.

Hearing Procedures

When the Board or its designee conducts such a hearing it shall follow the procedures outlined below:

1) The petitioner may present evidence relevant to the student.

2) The Board or its designee may conduct investigations as to the objection or request, examine the student involved, and employ agents, professional or otherwise, for the purpose of such investigations.

The decision of the Board or its designee shall be final, unless the student, or the parent or person standing in parental relation, files an exception to the action as constituting a denial of any right of the student guaranteed under the U.S. Constitution. If such exception is filed, the Board or its designee shall render its final decision within fifteen (15) days.

Factors to be Considered

In the assignment of students among and within the schools, classrooms, or other facilities of the District, the following factors and the effect or result thereof shall be considered:

1) Available room and teaching capacity in the various schools.

2) Availability of transportation facilities.

3) Effect of the admission of new students upon established or proposed academic programs.

4) Suitability of established curricula for the particular student.

5) Adequacy of the student's academic preparation for admission to a particular school and curriculum.

6) Scholastic aptitude and relative intelligence or ability of the student.

7) Psychological qualification of the student for the type of teaching and associations involved.

8) Effect of the admission of the student upon the academic progress of other students in the particular school or facility thereof.

9) Effect of the admission of the student upon prevailing academic standards at a particular school.

10) Psychological effect upon the student of attendance at a particular school.

11) Possibility or threat of friction or disorder among students or others.

12) Possibility of breaches of the peace or ill will or economic retaliation within the community.

13) Home environment of the student.

14) Maintenance or severance of established social and psychological relationships with other students and with teachers.

15) Choice and interest of the student.

16) Morals, conduct, health, and personal standards of the student.

17) Request or consent of parents or guardians and the reasons assigned thereof.

The Board or its designee shall not include as a factor in arriving at any decision regarding assignments any matter relating to the race, sex, color, or national origin of the student.

5210

Transfer of Victims of Violent Offenses

Definitions

The following definitions shall apply under this policy:

1) "Violent criminal offense" is any one of the following offenses, where the offense has been reported to law enforcement and has been charged by prosecutorial authority:

a) attempted criminal homicide under Utah Code Ann. §§ 76-5-201 and 76-4-101;

b) rape under Utah Code Ann. §§ 76-5-402, 76-5-402.1, 76-5-402.2, or 76-5-402.3;

c) aggravated sexual assault under Utah Code Ann. § 76-5-405;

d) forcible sexual abuse under Utah Code Ann. § 76-5-404;

e) aggravated sexual abuse of a child under Utah Code Ann. § 76-5-404.1;

f) aggravated assault under Utah Code Ann. § 76-5-103;

g) robbery under Utah Code Ann. § 76-6-301.

Utah Admin. Rules R.277-483-1(L).

Student Victim

"Student victim" is a student who is the object of a violent criminal offense which occurs on the property of the district school which the student attends.

Utah Admin. Rules R.277-483-1(K)

Available Non-Dangerous School

"Available non-dangerous school" is a public, district-operated school other than the school where the offense occurred, which offers instruction at the student's grade level, and which has not been designated by the State Board of Education as a persistently dangerous school. An available non-dangerous school can include a school in another district where the student's district facilitates the student's application to transfer to the other district.

Notice of Available Non-Dangerous Schools

As soon as reasonably possible following the receipt of official notice from law enforcement or juvenile court that a charge or an adjudication has been made of a violent criminal offense against a student, the district shall notify the student victim and his or her parent(s) or guardian(s) of available non-dangerous schools in the district, or shall give notice that there are no other available non-dangerous schools within the district.

Utah Admin. Rules R.277-483-7(A)

This notice shall also state that:

1) The district will, within the following fifteen (15) school days, make a determination regarding what transfer school or alternative instruction it will make available, and

2) Any requests or information that the student or his or her parent(s) or guardian(s) wish to have considered by the district in making its determination must be submitted to the district within ten (10) school days of the notice.

Utah Admin. Rules R.277-483-7(B)

Student Responsible for Transportation

The district is not responsible to provide for the transportation of a student transferring under this policy.

Utah Admin. Rules R.277-483-10(B)

Appeal of District Determinations

A student victim or the student's parent(s) or guardian(s) may appeal the district's determination of the transfer school or instructional alternative to be provided through the procedure set forth in Policy 5200, Transfers and Assignments.

Utah Admin. Rules R.277-483-9(B)

5220

Transfers From Persistently Dangerous Schools

Schools Designated as Persistently Dangerous

The Utah State Board of Education annually designates schools that are “persistently dangerous” under the rules and regulations of the Utah State Office of Education.

Utah Admin. Rules R.277-483-4

Identification of Potential Transfer Schools

Upon notification that a school within the district has been designated as persistently dangerous, the district shall identify those other public, district-operated schools within the district which are available to receive transfer students from the designated school. The district may not designate other schools which are designated as persistently dangerous, nor other schools which are failing to make adequate yearly progress.

Utah Admin. Rules R.277-483-6(C)

Alternatives to Transfer to District School

If there are no other available public schools within the district, because of dangerousness designations, failure to progress, or because there are no other schools in the district which include the corresponding grade levels, the district in its discretion may undertake to negotiate with other school districts to facilitate transfer of students to a school outside of the district, or may offer to provide homebound instructional services to the student.

Utah Admin. Rules R.277-483-6(D)

Notice of Designation and Transfer Option

If a school within the district is designated by the State Board as “persistently dangerous,” the district shall, no later than August 15 following such designation, give written notice to the parent(s) or guardian(s) of each student attending that school of the designation. This notification shall also include:

1) a list of available non-dangerous schools within the district and

2) an explanation of the transfer procedure under this policy.

Utah Admin. Rules R.277-483-5

Transfer Procedure

1) A parent or guardian who has been notified that their student’s school has been designated as persistently dangerous and who desires to transfer their student to another school must inform the district in writing that transfer is requested and the preferred school of transfer within 30 calendar days from the date of the notification letter.

Utah Admin. Rules R.277-483-6(A)

2) Within 30 school days of the parent’s request to transfer, the school district shall designate the transfer school for the student.

a) The district may designate any public, district-operated school within the district which offers instruction at the student’s grade level and which (1) has not been designated by the State Board of Education as a persistently dangerous school nor (2) is failing to make adequate yearly progress.

b) In designating the transfer school, the district shall consider the available resources of the district, impact on and the available space in the potential transfer schools, transportation requirements, the student’s needs, and the parent’s preferences. The district is not required to designate the school preferred by the parent, but will take that preference into account along with other factors.

Utah Admin. Rules R.277-483-6(A)

3) Within 10 school days of being notified of the district’s designation of the transfer school, the parent must inform the district of the parent’s decision to either accept the transfer or to have the student remain in the school of residence.

Utah Admin. Rules R.277-483-6(B)

4) The district shall transfer the student upon receipt of notice of a parent’s acceptance of the transfer.

Students Moving In After Transfer Period

Parents of students who move into the attendance area of a persistently dangerous school after the time for requesting transfer under this policy shall be promptly given the written notice of the school’s status, of any potentially available school, and of the procedure for transfer.

The procedure for transfer of such late-arriving students shall be the same as for other students except that the time for the parent request to transfer and expression of school preference shall be within 30 calendar days from the date of the student’s registration.

Utah Admin. Rules R.277-483-6(B)

Disqualification from Transfer

A student who has been disciplined for any violent criminal offense, as defined by Policy 5210, Transfer of Victims of Violent Offenses, is not eligible to request transfer from a school designated as persistently dangerous.

Utah Admin. Rules R.277-483-6(E)

No Limitation of Extracurricular Participation Following Transfer

Following transfer under this policy, a student shall be immediately eligible to participate in all extracurricular activities in the transfer school, on the same basis as students resident in the transfer school attendance area.

Utah Admin. Rules R.277-483-6(F)

Change of Designation

In the event that a persistently dangerous designation is removed from a school, the district shall by policy determine whether students residing in that school’s attendance area who have transferred to other schools under this policy will remain in attendance at the transfer school or will be required to return to the school of residence.

Utah Admin. Rules R.277-483-6(G)

Student Responsible for Transportation

The district is not responsible to provide for the transportation of a student transferring under this policy.

Utah Admin. Rules R.277-483-10(B)

Appeal of District Determinations

A student victim or the student’s parent(s) or guardian(s) may appeal the district’s determination of the transfer school or other action under this policy through the procedure set forth in Policy 5200, Transfers and Assignments.

Utah Admin. Rules R.277-483-9(B)

5250

Curriculum: Human Sexuality

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.

1) 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.

2) 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)

3) 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:

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

b) the advocacy of homosexuality;

c) advocating or encouraging the use of contraceptives; or

d) 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.

5300

Health Requirements and Services: Physical Examinations

Vision Screening at Enrollment

A child under seven years of age entering school for the first time in this state must present one of the following to the school:

1) A certificate signed by a licensed physician, optometrist, or other licensed health professional approved by the Division of Services for the Visually Handicapped, State Office of Education, stating that the child has received vision screening to determine the presence of amblyopia or other visual defects.

2) A written statement signed by at least one parent or legal guardian of the child that the screening violates the personal beliefs of the parent or legal guardian.

The District shall conduct free vision screening clinics for children aged 3-1/2 to seven, but may not use a licensed health professional, providing vision care to private patients, as part of the clinics.

District personnel shall cooperate with the Division of Services for the Visually Handicapped in following up on students who fail vision screening.

Utah Code Ann. §§ 53A-11-203

The District shall report to the Division of Services for the Visually Handicapped the screening results from the free visual screening clinics and other information required pursuant to Utah Code Ann. § 53A-11-203.

Utah Code Ann. §§ 53A-11-203(4)

5310

Health Requirements and Services: Immunizations

Immunizations

No person may be admitted to any school in the District unless he or she has presented to school officials a certificate of immunization from a licensed physician or authorized representative of the state or local health department stating that the student has received immunization against communicable diseases as required by the Department of Health.

Utah Code Ann. §§ 53A-11-301

Utah Admin. Code R396-100-3

The Board shall comply with any modifications or deletions in the required immunizations that may be made by the Department of Health.

Exemptions

Immunization is not a prerequisite for admission to the District schools when the person applying for admission submits one of the following:

1) A certificate signed by a physician who is registered and licensed to practice medicine within the United States stating that the physical condition of the student is such that one or more specified immunizations would endanger the student's life or health.

2) A statement signed by one of the following persons that the individual has a personal belief opposed to immunizations, or that the person is a bona fide member of a specified, recognized religious organization whose teachings are contrary to immunizations:

a) one of the student's parents.

b) the student's guardian.

c) a legal age brother or sister of a student who has no parent or guardian.

d) the student, if of legal age.

Utah Code Ann. §§ 53A-11-302

Conditional Admittance

A person may be conditionally admitted to the District schools if he or she has received at least one dose of each of the required vaccinations prior to enrollment and is on schedule for subsequent immunizations. If subsequent immunizations are one calendar month past due, the school must immediately exclude the student from the school.

Once the student has met the requirements of this policy, the school shall take the student off conditional status.

Utah Code Ann. §§ 53A-11-302

Utah Admin. Code R396-100-7

Acceptable Documents of Immunization

Any immunization record provided by a licensed physician, registered nurse, or public health official may be accepted by school officials as a certificate of immunization if the type of immunization given and the dates given are specified. This information shall be transferred to an official certificate of immunization and verified by the District. The certificate becomes part of the student’s permanent school record and follows the student through his or her K-12 school career.

Utah Code Ann. §§ 53A-11-304(3)

Each school in the District shall retain official certificates of immunization for every enrolled student. The certificate becomes a part of the individual student's permanent school record.

Utah Code Ann. §§ 53A-11-304(3)

The records shall be open for inspection at all reasonable times by representatives of local health departments or the State Department of Health.

Suspension

If the conditional enrollment period expires and proof of immunization has not been submitted, written notice shall be mailed to the last-known address of a parent, guardian or legal age brother or sister of a student who is without parents or legal guardian, indicating that suspension is pending unless certification of immunization is produced, and informing the recipient of the notice of the student's rights to an exemption, as stated herein.

The school Principal shall, beginning five days after notice is sent, prohibit further attendance by a student under a conditional enrollment who has failed to obtain the immunization required within the time period set forth above, or otherwise established by rule of the State Department of Health.

Utah Code Ann. § 53A-11-306(3)

Transfer of Records

The District shall cooperate with other districts in transferring students' immunization records between other schools.

Specific approval from students, parents, or guardians is not required prior to making such record transfers.

When a student transfers from one school or district to another, a copy of the immunization record and any measles or mumps illness statements from physicians should be sent within thirty days to the receiving school. A record received by mail from school officials of another district or state may be considered a validated record.

5320

Health Requirements and Services: Medical Treatment

School Consent to Medical Treatment

The school in which a minor student is enrolled may consent to medical treatment of that student, provided:

1) The person having the power to consent as otherwise provided by law cannot be contacted.

2) Actual notice to the contrary has not been given by that person.

Utah Code Ann. § 78-14-5(4)(c)

Form of Consent

Consent to medical treatment under this policy shall be in writing, signed by the school official giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment.

Administering Medication

Employees of the District may administer medication to a student during periods when the student is under the control of the school, subject to the following conditions:

1) The District has received a current written and signed request to administer the medication during regular school hours to the student from the parent, legal guardian, or other person having legal control of the student.

2) The student's physician, dentist, nurse practitioner or physician assistant has provided a signed statement describing the method, amount, and time schedule for administration, and a statement that administration of medication by school employees during periods when the student is under the control of the school is medically necessary.

3) Oral, topical, and inhalant medication may be administered by assigned school personnel. Medications requiring other routes of administration will not be given by school personnel except in emergency situations, with the exception of glucagon, see policy below. In non-emergency situations, medications requiring other routes of administration must be given by a registered nurse, with the exception of glucagon, see policy below..

4) All medication that is to be given at school must be furnished by the parent or guardian and delivered to the school by a responsible adult.

5) All prescription medication must be in the original container labeled by the pharmacy with the name of the student, the name of the physician, the name of the medication, the amount to be given (dose), and the duration of the treatment. Over-the-counter drugs must be in the original bottle and labeled with the student's name.

6) All medication provided to the school is to be kept in a secure location under lock and key.

7) Insofar as possible, one person shall be assigned the responsibility of administering student medication.

8) A record including the type of medication, amount, and the time and day it was administered must be kept for each student receiving medication at school. The person administering the medication must sign the record each time medication is given.

9) Elementary and middle school students are not to carry or self-administer medication on school premises unless it is expressly ordered by the student's physician because of life threatening circumstances.

10) Authorization for administration of medication by school personnel may be withdrawn by the school at any time following actual notice to the student's parent or guardian.

Utah Code Ann. § 53A-11-601

The Board shall consult with the Department of Health and other health professionals to determine:

1) Designation of employees who may administer medication.