Manila, Utah

November 12, 2009

The regular meeting of the Daggett Board of Education was held in Room 6 of the district office building on November 12, 2009. President Asbill called the meeting to order at 6:00 PM. Also attending were members Barber, Olsen and Pallesen; member Jones was absent; Superintendent Northcott; Business Administrator Robinson; Principal Gonder; Guy Durrant, Carol Raymond, Sarah Wolford, Leta Wahlquist, Jill Stevenson, Tyler Nichols, JD Johnstun and Steve Johnstun.

Sarah Wolford asked about providing private piano lessons at the high school.

Mrs. Barber moved to approve the Consent Calendar, seconded by Mr. Olsen, motion carried unanimously with Mrs. Pallesen opposing. The Consent Calendar included the minutes of the October 8, 2009 board meeting; Warrant List and Financial Statement; contract for Jamie Dettling as a part-time aide at Manila Elementary.

Steve Johnstun, of Steve Johnstun & Associates presented the Audit Report for the year ending June 30, 2009. In the letter to management he noted that although the Non K-12 Fund spent $11,171 less than budget in total, the Non K-12 fund did exceed the budget in one area by $1,281. He also noted that the fidelity bond for the Business Administrator had been increased and is in compliance with Utah Code.

The unreserved and undesignated general fund balance at June 30, 2009 was $241,401, while the total fund balance was $546,713. The unreserved and undesignated fund balance increased by $95,777. Annual expenditures in the general fund were $67,262 less than the final budgeted amounts. At June 30, 2008, the unreserved and undesignated fund balance was $145,624 while the total fund balance was $579,479. The unreserved and undesignated fund balance had decreased by $87,710. Annual expenditures in the general fund were $109,781 less than the final budgeted amounts for 2008.

The capital projects fund has a total fund balance of $584,674 at June 30, 2009, all of which is restricted for acquisition of capital assets and related expenditures. The fund balance increased by $421,324 during the fiscal year. At June 30, 2008 the capital projects fund balance was $163,350. The fund balance had decreased by $55,944 during the fiscal year ending June 30, 2008.

The debt service fund has a total fund balance of $20,167 as of June 30, 2009, all of which is reserve for the payment of debt service on general obligation bonds. The fund balance decreased by $19,596 during the fiscal year. At June 30, 2008 the debt service fund balance was $39,763. The fund balance decreased by $9,134 during the fiscal year ending June 30, 2008. Mr. Johnstun noted the general obligation bonded debt of the District is limited by state law to 4% of the fair market value of the total taxable property in the District. The legal debt limit at June 30, 2009 was $9,081,797 while the general obligation debt at that date was $170,000 resulting in a legal debt margin of $8,911,797. The legal debt limit at June 30, 2008 was $8,148,021 while the general obligation debt at that date was $340,000, resulting in a legal debt margin of $7,808,021.

Liability for compensated absences for the District at June 30, 2009 was $139,837.

Accrued liability for the District at June 30, 2009 for those employees who have elected early retirement is $51,936.

The non K-12 fund has a total fund balance of $47,865 at June 30, 2009. This balance is within the total allowed by state guidelines and is restricted to non-kindergarten through twelfth grade programs. At June 30, 2008 the K-12 fund balance was $60,450.

School lunch fund has a balance of $6,177 at June 30, 2009. This balance is within the total allowed by state guidelines and is restricted to food service programs. At June 30, 2008 the school lunch fund was $8,956.

The student activity fund has a total fund balance of $10,057. This balance is within the total allowed by state guidelines and is restricted to student activity programs. At June 30, 2008 the fund balance was $9,943.

Mrs. Pallesen moved to accept the audit as submitted, seconded by Mr. Olsen, motion carried unanimously.

Mr. Olsen moved to approve policies #1900 – Charter Schools: Charter School Sponsorships; #3005 – Employment Objectives: Nondiscrimination; #3035 – Employment: Transfers; #3423 – Overtime; #3525 – Liability: Volunteers; #3555 – Employment Relations: Employee Associations and Wage Deductions; #3600 – Acceptable Use of Personally Owned Electronic Communication Devices; #3610 – Acceptable Use of District Owned Electronic Communication Devices; #4350 – Special Programs: Financial and Economic Literacy Passport; #4360 – Instructional Resources: Purchase of Primary Instructional Materials; 4710 – Graduation; #6700 – Honorary Diplomas for Veterans; Adult Education Graduation; on the 3^rd and final reading, seconded by Mrs. Barber, motion carried unanimously.

Mrs. Pallesen moved to approve the following revised policies on the 2^nd and final reading as corrected, seconded by Mr. Olsen, motion carried unanimously.

1300

Board Meetings

Meeting Defined

“Meeting” means the convening of the Board with a quorum present, whether in person or by means of electronic equipment, for the purpose of discussing or acting upon a matter over which the Board has jurisdiction, including a workshop or executive session. However, a “meeting” does not include a chance meeting; or meetings where no funds are appropriated for expenditure and board members are convened solely to discuss administrative or operational matters which do not require formal action.

Utah Code Ann. § 52-4-103(4) (2006)

Open to the Public

Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code Ann. §§ 52-4-204, 52-4-205, and 52-4-206.

Utah Code Ann. § 52-4-201(1) (2006)

Public Hearing

A public hearing is an open meeting at which members of the public are given a reasonable opportunity to comment on a subject of the meeting. Generally, the Board will determine whether a Board meeting will include a public hearing. However, the Board shall hold a public hearing when considering whether to close a school or change the boundaries of a school, when considering the adoption of the District budget, before authorizing issuance of bonds, and when considering changes to the Board member compensation schedules, as required by statute.

Utah Code Ann. § 11-14-318 (2008)

Utah Code Ann. § 53A-3-402(21) (2007)

Utah Code Ann. § 53A-19-102(2) (2008)

Utah Code Ann. § 53A-3-202(2) (2007)

Public Recording

All or any part of the proceedings in any open board meeting may be recorded by any person in attendance provided that the recording does not interfere with the conduct of the meeting.

Utah Code Ann. § 52-4-203(4) (2006)

Attendance by local government representatives

The following officials (or their designees) may attend and participate in the board’s discussions in the open portions of the Board’s meetings: a mayor, county commission chair, county commissioner, or county manager, where the municipality or county is partly or entirely within the boundaries of the school district. These local government officials may not vote on any issue before the Board and their participation is subject to the Board President’s authority to regulate the conduct of the meeting.

Utah Code Ann. § 53A-3-409(3)(a) (2009)

Quorum

A majority of the members of the Board shall constitute a quorum for meetings of the Board.

Utah Code Ann. § 52-4-103(10)(a) (2006)

Utah Code Ann. § 53A-3-201(5) (2005)

USBA training session for board members—

In the event the Board or any of its members meet with representatives of the Utah School Boards Association (USBA) for the purpose of receiving or participating in instruction regarding Board functions or activities, and not for the purpose of discussing or acting upon a subject over which the Board has jurisdiction, the Board is not required to comply with the Utah Open and Public Meetings law, Utah Code Ann. § 52-4-1 et seq.

If more than two Board members are present in such meetings, the Board members shall not discuss or act upon any specific matter over which it has jurisdiction. Board members will discuss only matters relative to the instruction they receive from USBA representatives.

If Board members determine in an instructional meeting with representatives of USBA that there is a need to discuss or act upon a subject over which the Board has jurisdiction, then the Board and its members must comply with the Open and Public Meetings law, UCA § 52-4-1 et seq., prior to discussing or acting upon such matters.

Notice Requirements

Public Notice of Annual Meeting Schedule

At least once each year, the Board shall give public notice of its annual meeting schedule. The notice shall specify date, time and place of such meetings. Utah Code Ann. § 52-4-202(2) (2006)

Notice of Specific Meetings

In addition, the Board shall provide public notice of each meeting at least 24 hours in advance of each meeting; such notice shall include the agenda, date, time and place of the meeting.

Utah Code Ann. § 52-4-202(1) (2006)

Action Limited to Meeting Agenda

Where a meeting agenda must be included in the required public notice of a Board meeting (as stated in the paragraph above), that agenda shall be sufficiently specific to notify the public of the topics to be considered at the Board meeting. To be sufficiently specific, the agenda shall at least list each anticipated topic under an agenda item in a manner which identifies the subject of discussion and if known the nature of the Board action being considered on the subject. The Board may not consider a topic in an open meeting which was not listed under an agenda item and included with the advance public notice of the meeting. If an unlisted topic is raised during an open meeting, the Board may discuss the topic but may not take any final action on that topic during the meeting.

Utah Code Ann. § 52-4-202(6) (2006)

Giving Notice of Meeting

Public notice of each open Board meeting and of the Board's annual meeting schedule shall be given by:

1) Posting written notice at the local Board of Education office;

2) For meetings on and after October 1, 2008, posting notice on the Utah Public Notice Website; and,

3) Providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body or to a local media correspondent.

Notice of each Board meeting shall also be given to the following officials (or their designee) for municipalities or counties that are partly or entirely within the boundaries of the District: the mayor, county commission chair, county executive, or county manager. This notice shall be provided by mail, email, or other effective means agreed to by the person to receive notice.

Utah Code Ann. § 52-4-202(3), (4) (2009)

Utah Code Ann. § 63F-1-701(4)(d) (2007)

Utah Code Ann. § 53A-3-409(3) (2009)

Emergency Meeting

In case of emergency or urgent public necessity which renders it impractical to give the notice identified in the paragraphs above, the best notice practicable shall be given of the time and place of the meeting and of the topics to be considered at the meeting. No such emergency meeting of the Board shall be held unless an attempt has been made to notify all of its members and a majority of the members vote in the affirmative to hold the meeting. Utah Code Ann. § 52-4-202(5) (2009)

Annual Budget Meeting Notice

In addition to complying with the aforementioned public notice requirements, in regards to the budget hearing, the Board shall do the following:

1) Publish the required newspaper notice at least ten days before the day on which the hearing is held; and

2) File a copy of the proposed budget with the Board’s business administrator for public inspection at least ten days prior to the hearing.

3) In addition, if the proposed budget includes a tax rate in excess of the certified tax rate, or if the Board is meeting to consider whether to adopt a tax rate in excess of the certified tax rate, the Board shall provide the notices and schedule the meeting as required by Utah Code Ann. § 59-2-919.

Utah Code Ann. §§ 53A-19-102(2) (1996), 53A-16-106(3) (1994), 59-2-919(2005).

Bond issuance hearing notice

In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider authorizing issuance of bonds under the Local Government Bonding Act, it shall publish notice of the intent to issue bonds in the newspaper and on the Utah Public Notice Website at least 14 days in advance of the public hearing on the bond issuance as required by Utah Code Ann. § 11-14-318. The notice shall give notice that the hearing will be held to receive input from the public respecting the issuance of the bonds and the potential economic impact that the proposed improvement, facility, or property that the bonds will fund will have on the private sector.

Utah Code Ann. § 11-14-318 (2009)

Budget appropriation increase meeting notice

In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider a request to increase a budget appropriation, it shall publish the required newspaper notice and notice under Utah Code § 45-1-101 of such meeting at least one week prior to the hearing.

Utah Code Ann. § 53A-19-104(6)(b) (2009)

School closure or boundary change hearing notice—

In addition to complying with the aforementioned public notice requirements, if the Board meeting is a public hearing regarding closing one or more schools or changing the attendance area boundaries for one or more schools, the notice of the meeting shall indicate the school or schools under consideration for closure or boundary change and, at least ten days prior to the meeting shall be:

1) Published in a newspaper of general circulation in the area and provided as required by Utah Code § 45-1-101; and

2) Posted either in at least three public locations within the municipality or municipalities affected or on the District’s official website.

Utah Code Ann. § 53A-3-402(21) (2009)

Board member compensation hearing notice—

Beginning July 1, 2007, in addition to meeting the aforementioned public notice requirements, if the Board is meeting to consider adopting a new Board member compensation schedule or schedules, or to consider amending an existing compensation schedule or schedules, the notice of the meeting with public hearing shall be given at least seven days prior to the meeting by:

1) Publishing the notice at least once in a newspaper published in the county where the District is situated and which is also generally circulated within the District, and notice given as required by Utah Code § 45-1-101;

2) Posting the notice:

a) At each school in the District

b) In at least three other public places within the District; and

3) Posting the notice on the Internet in a manner that is easily accessible to citizens who use the Internet.

Utah Code Ann. § 53A-3-202(3) (2009)

Recordings and Minutes

Open Meeting Recording and Minutes

Written minutes and a recording shall be kept of all open board meetings except site visits or traveling tours where no vote or action is taken by the Board, for which only written minutes shall be kept.

Written minutes shall include:

1) The date, time and place of the meeting;

2) The names of the members present and absent;

3) The substance of all matters proposed, discussed, or decided by the Board, which may include a summary of comment by Board members:

4) A record, by individual member, of each vote taken;

5) The name of each person who is not a Board member who, after being recognized by the presiding Board member, presented testimony or comments to the Board and a brief summary of their testimony or comments;

6) Any other information that is a record of the proceedings of the meeting that any member requests be entered in the recording and minutes.

The recording shall be a complete and unedited recording of all open portions of the meeting from the commencement of the meeting until the meeting’s adjournment, and shall be labeled or identified with the date, time, and place of the meeting.

Utah Code Ann. § 52-4-203(1), (2), (3) (2009)

Minutes shall be made available to general public on the Daggett School District web page or, through the Daggett School District newsletter and/or via the mail (upon request).

Board members shall be sent copies of minutes of all open Board meetings.

Approval of and Availability of Minutes and Recordings of Board meetings

The recording of an open board meeting is a public record and shall be available to the public for listening within three business days after the end of the meeting.

The written minutes of an open board meeting are public records and shall be available to the public within a reasonable time after the end of the meeting. The Board shall establish and implement procedures for correction of and formal approval of meeting minutes. Upon such formal approval, the written minutes of the meeting shall be the official record of the actions taken at the meeting.

When written minutes of a board meeting are made available to the public prior to receiving formal approval, they shall include the following notice in prominent, easily visible type: "These minutes have not yet been formally approved by the Board of Education and until such formal approval are subject to change."

Utah Code Ann. §52-4-203(4) (2009)

Closed Meeting Recording and Minutes

Except when the reason for closing the meeting is the discussion of personal information (the character, professional competence, or health of an individual) or security issues, as specified in Section 4, a recording shall be kept of all closed meetings and written minutes may be kept of closed meetings. Such recordings, and any minutes shall include:

1) The date, time and place of the meeting;

2) The names of members present and absent; and

3) The names of all others present except where such disclosure would compromise the confidential nature of the issues being discussed or otherwise infringe the privacy rights of the others present.

When kept, recordings of closed meetings shall be complete and unedited recordings of all portions of the closed meeting, and shall be labeled or identified with the date, time, and place of the closed meeting.

Where a meeting is closed for the purpose of discussing either security issues or the character, professional competence, or health of an individual, as specified in closed meetings below, the meeting shall not be recorded and no minutes shall be kept.

Utah Code Ann. § 52-4-206 (2006)

No Secret Ballot

No vote shall be taken by secret ballot.

Utah Code Ann. § 52-4-203(1) (d) (2006)

Closed Meeting Recordings and Minutes are Protected

All recordings and minutes of closed meetings are hereby designated as “Protected Records” under the Government Records Access Management Act.

Utah Code Ann. § 52-4-206(5) (2006)

Utah Code Ann. § 63G-2-7 101 et seq.

Closed Meetings

A closed meeting may be held upon a two-thirds affirmative vote of the board members present at a meeting for which public notice was given pursuant to Utah Code Ann. § 52-4-202, providing a quorum is present. No resolution, rule, regulation, contract or appointment shall be approved at a closed meeting, nor may the Board interview an applicant to fill an elected position at such a meeting. The recording and minutes of the open meeting at which the vote is taken to hold a closed meeting shall contain the reason or reasons for holding a closed meeting and the votes, by name, of the members present, either for or against the proposition to hold such a meeting.

Utah Code Ann. § 52-4-204 (2006)

Purposes of Closed Meetings

Closed meetings may only be held for the following purposes:

1) Discussion of the character, professional competence, or physical or mental health of an individual;

2) Strategy sessions with respect to collective bargaining or pending or imminent litigation; or

3) Strategy sessions with respect to the purchase, exchange, or lease of real property if public discussion may disclose the appraised or estimated value of the property or tend to prevent the Board from obtaining the best possible terms; or

4) Strategy sessions with respect to the sale of real property if public discussion may disclose the appraised or estimated value of the property or tend to prevent the Board from obtaining the best possible terms, but only if the Board previously gave public notice that the property would be offered for sale, and the terms of the sale are publicly disclosed before the Board approves the sale; or

5) Discussion regarding deployment of security personnel, devices, or systems; or

6) Investigative proceedings regarding allegations of criminal misconduct.

7) If the meeting is closed for any reason stated in paragraph 1 or 5 of this Section, then the person presiding must sign a sworn statement affirming that the sole purpose of closing the meeting was to discuss those specific topics, and neither a recording nor minutes shall be kept of that portion of the closed meeting.

Utah Code Ann. § 52-4-205(1), -206(6) (2006)

Meeting Location

The Board shall hold its regularly scheduled meetings at the location specified in its annual notice of meetings, and shall hold other meetings at the location specified in the public notice of such meetings.

Location of Workshops or Executive Sessions

Where the Board holds a workshop or executive session on the same day as a regularly scheduled Board meeting, the workshop or executive session must be held at the same location as the regularly scheduled meeting, unless:

1) The regularly scheduled meeting is not being held where those meetings are usually held, and the workshop or executive session is held in the usual meeting location; or

2) Any of the meetings being held on the same day is a site visit or traveling tour for which appropriate public notice has been given; or

3) The workshop or executive session is an electronic meeting and the requirements for holding such a meeting have been satisfied; or

4) Because of emergency or extraordinary circumstances, it is not practicable to hold the workshop or executive session at the regular location where Board meetings are held.

Utah Code Ann. § 52-4-201(2) (2006)

Electronic Meetings

Electronic Meetings Authorized

The Board authorizes its meetings to be held through electronic means as set forth in this policy. Such electronic means may include communications by telephone, telecommunications, computer, or similar methods of remote communication. Unless specifically stated by this policy, the other policies governing Board meetings (relating to notice, meetings being open to the public, and other matters) also apply to Board meetings held through electronic means.

Definitions

The following terms are used in this policy:

1) Primary location: A designated physical location from which the electronic meeting originates or to which participants are connected.

2) Electronic notice: electronic mail (email) or fax

Member Request Required for an Electronic Meeting

A Board meeting may be held as an electronic meeting only upon request of a member of the Board. This request must be made at least 3 days prior to the time that the Board meeting is scheduled, so that the necessary arrangements can be made for the electronic meeting.

Utah Code Ann. § 52-4-207 (2006)

Notice to Board Members of an Electronic Meeting

After an electronic meeting has been scheduled, and at least 24 hours before the meeting, the members of the Board shall be notified of the electronic meeting and informed how members of the Board will be connected to the meeting.

Primary Location at Regular Meeting Location

The primary location for the electronic meeting shall be in the building where the Board meeting would have been held if it were not held electronically.

Electronic Meeting Not Available for Site Visit or Traveling Tour

When the scheduled meeting is a site visit or traveling tour, the meeting may not be conducted or convened electronically.

Public Notice of an Electronic Meeting

In addition to providing and posting the notices required for other Board meetings, the Board shall provide at least 24 hours’ advance written or electronic notice of the electronic meeting to:

1) A newspaper of general circulation within the state; and

2) A local media correspondent.

3) The Board shall also post written notice of the electronic meeting at the primary location at least 24 hours prior to the electronic meeting. The notices of the electronic meeting shall specify the primary location of the meeting.

Public Access to Electronic Meetings

Space and facilities shall be provided at the primary location of an electronic meeting of the Board to permit members of the public to attend and monitor the electronic meeting (except those portions of such a meeting which have been properly closed to the public by the Board). If the Board meeting is one at which comments from the public will be accepted, then the space and facilities shall also permit members of the public to participate in the electronic meeting. In this section,

1) “Monitor” means to hear and/or see, live, all statements made by each Board member in the meeting (by speaker, computer screen, or other medium).

2) “Participate” means to be able to communicate with all Board members in the meeting, such that each Board member can hear or see the communication.

3) Members of the public are not entitled to monitor or attend electronic meetings except through the space and facilities provided at the primary location. (Members of the public cannot request an electronic meeting and do not have the right to be remotely connected to a Board meeting except as set forth in this section.)

Utah Code Ann. § 52-4-207 (2006)

2010

Revenue and Budgeting: Local Revenue

Borrowing in Anticipation of Taxes

The Board may borrow money in anticipation of the collection of taxes or other revenue of the School District so long as it complies with the Utah Local Government Bonding Act.

Utah Code Ann. § 53A-18-101(1) (2005)

Utah Code Ann. § 11-14-101 et seq.

Indebtedness Purposes and Limitations

The Board may incur indebtedness for any purpose in the interest of education but shall not incur any indebtedness in excess of the estimated District revenues for the current school year.

Utah Code Ann. § 53A-18-101(2) (2005)

Voting to Incur Bonded Indebtedness

The Board may in conformance with the Utah Local Government Bonding Act require, by a majority vote of the Board members, that the qualified voters of the District vote on a proposition as to whether to incur indebtedness by bonding, provided that:

1) The debts of the District are equal to school taxes and other estimated revenues for the school year; and

2) Either of the following is determined by the Board:

a) Additional indebtedness must be incurred by the District to maintain and support schools in the District; or

b) It is advisable to issue school district bonds to purchase school sites, buildings or furnishings or to improve school district property.

Utah Code Ann. § 53A-18-102 (2005)

Utah Code Ann. § 11-14-101 et seq.

Refunding Bonds

If the Board determines that it desires to refund bonds, it shall follow the following procedure to determine the validity of the bond or bonds:

1) The Board shall have published once a week for two successive weeks in a newspaper published in the District, and give as required by Utah Code § 45-1-101, and post for two successive weeks in three public and conspicuous places in the District, a notice which satisfies the following requirements:

a) It describes with sufficient particularity for identification the bond or bonds intended to be refunded.

b) It requires any person objecting to the legality, regularity, or validity of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before the Board at a specified place within the District on a specified day and time.

i) This time may not be less than 14 nor more than 60 days after the first publication or posting of the notice.

c) It requires the person to appear at the meeting with his objections in writing, duly verified.

2) The Board shall convene at the time and place specified in the notice and receive all objections which satisfy the requirements of the notice.

3) The objections shall be filed with and preserved by the Board.

4) If no written objections are presented at the time and place specified in the notice, the Board shall so certify and the Board may then refund the bonds.

5) Any person filing a written objection as stated above has 20 days to commence appropriate legal proceedings against the Board and others as may be proper parties, in the district court for the county in which the school district is situated, to challenge and determine the legality, regularity, and validity of the bond or bonds, their issue and sale, or the indebtedness represented by them.

6) If a person filing a written objection fails to commence legal proceedings against the Board within 20 days, and that failure is established by a certificate of the clerk of the court, the challenge to the legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness represented by the bonds is barred, and the Board may refund the bonds.

Utah Code Ann. § 53A-18-104 (2009)

2030

Revenue and Budgeting: Budget

School Board Budget

Prior to June 22 of each year, the Board shall adopt a budget and make appropriations for the next fiscal year.

Utah Code Ann. § 53A-19-102(1) (2009)

Tax Rate

If the tax rate in the proposed budget exceeds the tax rate defined in Utah Code Ann. § 59-9-924, the Board shall comply with the provisions of Utah Code Ann. § 59-2-918 and Utah Code Ann. § 59-2-919, unless one of the exceptions to these provisions (relating to prior voted leeway increases) set forth in Utah Code Ann. § 53A-17a-133 applies.

Utah Code Ann. § 53A-19-102(1) (2007)

Utah Code Ann. § 53A-17a-133 (2006)

Adoption of a Budget

Prior to adoption of a budget, the Board shall hold an open, public hearing on the proposed Budget, at which public comment is received. In preparation for the hearing, the Board shall:

1) In addition to complying with the open meeting notice requirements set forth in Policy 1300, publish notice that the Board will consider and adopt a budget at the designated Board meeting in a newspaper of general circulation within the District at least ten days before the day on which the meeting is held; and

2) File a copy of the proposed budget with the Business Administrator for public inspection at least ten days prior to the hearing.

Utah Code Ann. § 53A-19-102(2) (2009)

Filing Budget

The Board shall file a copy of the adopted budget with the state auditor and the State Board of Education.

Utah Code Ann. § 53A-19-102(3) (2009)

Undistributed Reserve

The Board may place an undistributed reserve in the budget that does not exceed 5% of the maintenance and operation budget.

Utah Code Ann. § 53A-19-103(1) (1988)

Application of Undistributed Reserve

The Board may appropriate all or part of the undistributed reserve made to any expenditure classification in the maintenance and operation budget by a written resolution adopted by a majority vote of the Board. The resolution shall state the reasons for the appropriation. A copy of the resolution shall be filed with the State Board of Education and the State Auditor.

Utah Code Ann. § 53A-19-103(2) (1988)

Restrictions on Use of Undistributed Reserve

The Board may not use the undistributed reserve in the negotiation or settlement of contract salaries for District employees.

Utah Code Ann. § 53A-19-103(3) (1988)

Limit on Appropriations

The Board shall not make any appropriation in excess of the District’s estimated expendable revenue, including undistributed reserves, for the following fiscal year.

Utah Code Ann. § 53A-19-104(1) (2009)

Reduction of Budget Appropriations

The Board may reduce any budget appropriation at its regular meetings if notice of the proposed action is given to all Board members and the Superintendent at least one week prior to the meeting.

Utah Code Ann. § 53A-19-104(5) (2009)

Increase in Budget Appropriations

The Board may increase any budget appropriation only if:

1) The Superintendent in writing requests the Board to increase a specified budget appropriation and states the reasons for the proposed increase;

2) Notice that the request will be considered by the Board is published in a newspaper of general circulation and provided as required by Utah Code § 45-1-101 at least one week prior to the Board meeting at which the request will be considered; and

3) The Board holds a public hearing on the request prior to acting on the request and approves the increase by a majority vote of Board members.

Utah Code Ann. § 53A-19-104(6) (2009)

Prohibition of Inter-fund Transfers

District revenues shall only be spent within the fund for which those revenues were originally authorized, levied, collected, or appropriated, and inter-fund transfers of residual equity may not be made unless expressly authorized by the State Board of Education.

Utah Code Ann. § 53A-19-105 (2008)

2610

Transportation: Planning and Funding: Funding

Revenue

The District will fund the transportation program primarily from revenue provided by the state. To this end, the District will comply with all state rules and regulations regarding funding and record keeping.

The Board will determine what students are eligible for state-sponsored transportation and whether expenses of ineligible students will be funded from the general revenue of the District or from special tax revenue.

Utah Code Ann. § 53A-17a-126 (2008)

Utah Code Ann. § 53A-17a-127 (2008)

Funding for student transportation not included in State funding

The Board may provide for the transportation of students who are not eligible for state-supported transportation, regardless of the distance from school, from:

1) General funds of the District; and

2) A tax rate not to exceed .0002 per dollar of taxable value imposed by the District.

3) In addition, if the proposed budget includes a tax rate in excess of the certified tax rate, or if the Board meeting is required to consider whether to adopt a tax rate in excess of the certified tax rate, the Board shall provide the notices and schedule the meeting as required by Utah Code Ann. §§ 59-2-918 and 59-2-919

The District may also use tax revenue to pay for transporting participating students to extracurricular activities, night activities, and educational field trips approved by the Board and for the replacement of school buses.

Utah Code Ann. § 53A-17-a-127(6) (2008)

Alternative transportation

The Board and Pupil Transportation Director will analyze bus routes that involve a large number of deadhead miles to determine if an alternative method of transporting students is more efficient. Possible alternatives include the following:

1) Paying eligible students an allowance in lieu of District-supplied transportation.

2) Providing a subsistence allowance.

3) Engaging in a contract or leasing for transportation.

Utah Code Ann. § 53A-3-402(21) (2007)

Payments for Contracted Pupil Transportation and/or Payments in Lieu of Transportation

Payments in Lieu of Pupil Transportation

In some cases, it is impossible for the Board to route a school bus within reasonable walking distance of a student’s home. In such cases, parents may apply for reimbursement to help provide transportation for their children from home to the school bus route or to the school. The following rules shall apply:

1) The distances will be computed from the home to the bus route or to the school, whichever is nearest.

2) No payment will be made to parents unless students are actually being transported regularly from their home to and from the school or to and from the bus route, whichever is nearest.

3) Parents will be paid an amount per mile as determined by the State Board of Education for one round trip daily to school or to the regular bus route.

Transportation: Planning and Funding—Evaluation

Evaluation

In pupil transportation, the ultimate objective is to provide children with safe transportation to and from school in the most efficient and cost effective means possible. The data and records that are gathered during the normal course of business provide a part of the information necessary to establish the present status of the pupil transportation program. The “Criteria for the Evaluation of District Pupil Transportation Operations,” Appendix 11 to the Standards for Utah School Buses and Operations, provides a framework for effective evaluation. The Board will use this framework, with further modifications as suggested by the District Pupil Transportation Specialist, to determine what changes will make the pupil transportation system more efficient and cost effective.

Standards for Utah School Buses and Operations Appendix 11 (2004)

3015

Employees: Physical Examinations

Physicals

Upon the request of the Board of Education, any staff member employed by the district may be required to undergo a physical and or psychological examination by a health care provider, satisfactory to the board, and should such examination reveal the presence of communicable diseases, physical condition, or mental condition that may seriously impair the efficiency or effectiveness of the employee’s work, it shall be sufficient grounds for either an involuntary leave of absence or the dismissal of said employee. The expense of such examination shall be met by the district.

A doctor’s written release may be required to return to work in situations where serious illness, pregnancy, or injury has taken place. In most cases, the district will require a full release to resume all duties on an employee’s job description before the individual may return to work.

Prospective Employees

Physical and Mental Examinations

The District may require an applicant for employment or an employee to provide satisfactory evidence that the applicant or employee is mentally and physically qualified to perform the duties of the job. Satisfactory evidence may include, but is not limited to, regular mental or physical examinations by a qualified physician.

Confidentiality of Examination Results

Evidence of mental or physical condition provided by an applicant or employee, pursuant to the previous section, is deemed private and may be disclosed only to:

1) The applicant or employee, or a designated representative of the applicant or employee;

2) School officers and members of the Board;

3) The Department of Health;

4) Local health authorities;

5) The physician or other authorized person(s) who performed the examination(s);

6) A health care professional who has legitimate need to know the test result in order to provide for the health care provider's protection and welfare; or,

7) Persons or entities or classes of persons or entities authorized by written release signed by the applicant or employee.

Information from the State Board

An administrator may obtain any information in the possession of the State Office of Education, which is relevant to evaluating the employment of a current or prospective employee of the school. If a decision is made not to hire a prospective employee or to take action against a current employee based upon such information, the individual affected shall be given notice of the information and be provided an opportunity to refute or respond to the information. An administrator who, in good faith, discloses or receives information under this section is exempt from civil liability relating to the receipt or disclosure.

3020

Employment: Background Checks

Employee Background Checks

At the time a prospective employee makes application for employment with the District, such prospective employee shall fill out an employment application which provides the following warning:

1) “All references stated in this application will be checked by the School District and it is the policy of this School District that false information will be grounds for rejecting your application with no further consideration for the position; or, if such false information is discovered after hire, you will be subject to immediate termination for cause. Any false information may also be the grounds for criminal prosecution.”

All employees seeking employment with the District shall sign a written release, waiver and authorization which authorizes the District to request information from the prospective employee’s past three employers and supervisors. The release, waiver and authorization shall also authorize the District to contact former employers to obtain a reference check as the District deems necessary to satisfy itself of the quality and competence of the prospective employee’s credentials.

Criminal Background Check

The Superintendent or the Superintendent’s designee shall require any prospective employee, or volunteer who will be given significant unsupervised access to any student in connection with the employee/volunteer’s assignment or, where reasonable cause exists, a current employee or volunteer to submit to a criminal background check, and shall require the person to provide fingerprint identification for that purpose.

The applicant, volunteer or employee shall be given written notification that a background check has been requested. The Superintendent or Board shall consider only those convictions which are job-related.

The District will pay the cost of all background checks.

An applicant, volunteer or employee shall be extended an opportunity to respond to or explain any information received as a result of the criminal background check. If the District denies a person employment or terminates an employee because of information obtained through a criminal background check, the person or employee shall be given written notice of the reasons for denial or dismissal and extended an opportunity to respond to the reasons.

Information obtained pursuant to a criminal background check is confidential and may only be disclosed as provided in the Employee's Handbook.

Utah Code Ann. § 53A-3-410

Utah Admin. Code R277-520-11.

Non-licensed employees shall submit to criminal background checks every six years or more frequently based upon the employee's assignment.

Utah Code Ann. § 53A-3-410

Utah Admin. Code R277-520-11

Utah Admin. Code R277-516-4

3030

Employment: Scope of Employment

Scope of Employment

Employees of the District act within the scope of their employment only when acting to discharge duties for which they have been hired by the District or act under the direction of the Board, the Superintendent or the school Principal in the school where that employee works. The following guidelines govern the scope of an employee’s duties:

Student Interaction

The employees of the District should provide instruction, counseling and administrative tasks relating to students which require the presence of students on school premises within the regularly scheduled time of activities.

Meeting Outside of School Day

Written approval of the Principal in the school where the employee works is required whenever it becomes necessary for a District employee to meet with a student(s) outside the regular school day or outside of the school premises.

Meeting with Individual Students

A District employee is not authorized to meet alone with an individual student unless it is necessary in the performance of professional duties during school hours on school premises, i.e., counseling, disciplining, instructing and administrative tasks.

Class Attendance

All teachers shall be present in the classroom at any time when students are present in the classroom. A justification exists for leaving students unattended in a classroom only in cases of emergency such as injury to a student requiring immediate attention, threat to health or safety of a student or personal emergency of the teacher. Any other absences from the classroom must be expressly approved by the School Principal.

Provision of Transportation

Except as otherwise specifically provided for by District policy, no employee except an authorized bus driver has authority to provide transportation for any student or other employee unless express written authorization is given by the principal. All transportation not authorized is outside the scope of employment.

Conflicting Employment

No employee of the District shall obtain or maintain any other employment which may or does interfere with or substantially impede the discharge of the employee’s duties with the District.

Media Contacts

All District employees shall coordinate with the Superintendent or the Superintendent’s designee all materials prepared for publication regarding District matters. Where possible, all employees shall consult with the Superintendent or the Superintendent’s designee prior to providing any statements regarding District matters to any member of the media.

3060

Employee: Drug Policy

Board Policy

The Board recognizes that the unlawful use, possession, distribution, or sale of alcohol, narcotics, or other dangerous drugs is illegal according to federal and Utah State Law and constitutes a hazard to students. The Board encourages the development and implementation of programs which will provide information on the harmful effects and aid in the prevention of drug and alcohol abuse. The Board support programs that coordinate school and parent cooperation in attempting to prevent problems of drug abuse and support programs that assist parents in seeking outside professional help from public and private educational and rehabilitative programs.

The Board delegates to the Administration responsibility for providing educational prevention programs, procedures for violations, support for employees, students and their families in all efforts of drug and alcohol prevention.

Administrative Policy

The Administration recognizes the need to reduce the risk of use and the abuse of illegal substances among employees and students. Therefore, the use or possession of alcohol or illegal drugs, counterfeit substances, and all associated paraphernalia is prohibited at school and on any School district location.

Utah Code Ann. § 58-37-1 et seq.

Employee Drug Policy

No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance, as defined in the Utah Controlled Substances Act, schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. § 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15, before, during or after school hours at school or in any other school district location as defined below.

Utah Code Ann. § 58-37-1 et seq.

School District Location Defined

“School district location” means in any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.

Notification of Conviction

As a condition of employment in any federal grant, each employee who is engaged either directly or indirectly in performance of a federal grant shall abide by the terms of this policy and shall notify his or her supervisor in writing of his or her conviction of any criminal drug statute for a violation occurring in any of the places listed above on which work on school district federal grant is performed, no later than five (5) calendar days after such conviction.

“Drug & Alcohol Policy Notice to Employees”

The following notice shall be provided to all Employees of the District.

NOTICE:

1) YOU ARE HEREBY NOTIFIED that it is a violation of the policy of the School District for any employee to distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or to unlawfully manufacture, distribute, dispense, possess or use or be under the continued influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance, as defined in the Utah Controlled Substances Act, schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. § 812) and as further defined by regulation at 21 C.F.R. 1300.1 et seq., before, during or after school hours at school or in any other school district location as defined below.

2) “School district location” means in any school building and on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.

3) YOU ARE FURTHER NOTIFIED that if you are engaged either directly or indirectly in work on a federal grant, it is a condition of your continued employment on any such federal grant that you shall abide by the terms of the school district policy on alcohol and drugs and will notify your supervisor in writing of your conviction of any criminal drug statute for a violation occurring in any of the places listed above on which work on a school district federal grant is performed, no later than five (5) calendar days after such conviction.

4) Any employee who violates the terms of the school district’s drug and alcohol policy may be nonrenewed or his or her employment may be suspended or terminated, at the discretion of the board.

5) In the alternative, any employee who violates the terms of the school district’s drug and alcohol policy shall satisfactorily participate in a drug abuse assistance or rehabilitation program approved by the board. If such employee fails to satisfactorily participate in such program, the employee shall be nonrenewed or his or her employment may be suspended or terminated, at the discretion of the board.

21 U.S.C. § 812

21 CFA 1300.11 through 1300.15

Utah Code Ann. § 58-37a-1 et seq.

Utah Code Ann. § 58-37b-1 et seq.

3070

Drug Testing

Bus Drivers

Supplement to State Rules

The Utah State Office of Education has promulgated a mandatory rule requiring drug tests of certain employees under certain conditions pursuant to the Omnibus Transportation Employee Testing Act of 1991 and the Rules and Regulations of the Department of Transportation, 49 U.S.C. § 31306, 49 CFR Parts 382, 391, 392 and 395, governing all employees who are required as a part of their employment duties to obtain commercial driver’s licenses. This policy is intended to supplement the State Office rules regarding drug testing. The State Office rule is incorporated into this policy by this reference.

49 USCS § 31306.

Drug Program Coordinators

The Superintendent shall appoint a Drug Program Coordinator who will act as the site coordinator for purposes of observing, collecting, and organizing and maintaining test data.

Conditions of Employment

All employees of the District who are required by their job duties to obtain and maintain a commercial driver’s license or who will be employed in a safety sensitive position as defined in this Policy must, as a condition of initial and continued employment within the District:

1) Abide by the provisions of the District’s Drug Policies;

2) Notify the District Pupil Transportation Supervisor of any criminal drug or alcohol related conviction no later than five (5) working days after such conviction;

3) Notify the District Pupil Transportation Supervisor of any revocation or confiscation of the Commercial Driver’s License;

4) Consent to the District releasing to any other school district records of a positive test or a refusal to be tested.

Confidentiality of Tests

All employees must refrain from disclosing any information about testing times or dates to forewarn potential test selectees. Any employee who violates this provision may be terminated for cause.

Tests to be Conducted

Employees of the District shall be tested under the following provisions:

1) All employees required to hold a commercial driver’s license shall be tested as provided in the state Office Rules;

2) Any employee may be tested whenever an accident causing bodily injury occurs within the scope of employment where it appears that drugs or alcohol may have been a contributing factor. All such tests shall be conducted within eight (8) hours after the accident;

3) Any employee may be tested for drugs or alcohol where there is a reasonable suspicion that an employee may be using alcohol, illegal drugs, or may be under the influence of illegal drugs or alcohol while on the job.

Reasonable Suspicion Documentation

Prior to conducting any tests for drugs or alcohol, based upon a suspicion of use the Drug Program Coordinator or the Alternate must articulate in writing specific facts, any reasonable inferences drawn from those facts and which lead to a reasonable suspicion that an employee is using or under the influence of alcohol or illegal drugs.

Utah Code Ann. § 34-41-102(3)

Utah Code Ann. § 34-14-101(8)

Reasonable Suspicion

A “reasonable suspicion” means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that indicate that a school district employee is using or is under the influence of drugs or alcohol.

Utah Code Ann.§ 34-14-101(8)

Safety Sensitive Position

A “safety sensitive position” means all persons required by their job duties to maintain a commercial class driver’s license, including all bus drivers, mechanics and any other employee involved in transporting students within the scope of employment.

Scope of Employment

An action is within the “scope of employment” if it is part of any actions for which an employee is remunerated or performs by reason of employment in the District.

Verification of Tests

Before the result of any test may be used as a basis for any adverse employment action, the District shall verify or confirm any positive initial screening test by gas chromatography, gas chromatograph-mass spectroscopy, or other comparable analytic methods. In addition, the employee testing positive shall be notified by telephone and in writing, at the last known address and telephone number, of the positive test result and where a new test may be obtained if the employee desires to undergo a second test.

Utah Code Ann. § 34-41-104(4)

Positive Test of Safety Sensitive Position While on Duty

Any employee who holds a safety sensitive position who tests positive while acting within the scope of job duties shall be terminated for cause.

Other Employees

Positive Test of Other Employees

Compliance with the District’s Drug Policies is a condition of continued employment within the District. The District shall terminate any employee who tests positive for alcohol or illegal drugs while acting within the scope of job duties unless:

1) The employee has voluntarily disclosed a need for counseling or rehabilitation from alcoholism or drug dependence prior to the test; and

2) The employee has agreed to enroll at his or her expense into a rehabilitation, treatment, or counseling program approved by the District.

Utah Code Ann.§ 34-14-105(2)

Any employee in a rehabilitation or treatment program who is not in a safety sensitive position may be suspended without pay, placed on probation or terminated for cause within the discretion of the Superintendent of Schools and/or the Board of Education.

Test Procedures

All tests shall be conducted pursuant to the procedures established in the State Office of Education Rules.

Compensation for Test Time

All tests performed by the District shall occur during or immediately after the regular work period of the employee and shall be considered as work time for purposes of compensation and benefits.

Utah Code Ann.§ 34-41-104(5)

The District shall bear the costs of all sample collection and testing for alcohol or drugs at the request of the District, including any costs for transportation to the test site if conducted at a place other than the workplace.

Utah Code Ann.§ 34-41-104(6)

3200

Administration Relations

Working Relationship

The laws of the State of Utah have specifically granted to the Board of Education of the Daggett District local authority for the administration and operation of the public schools in Daggett County.

Since the educational welfare of the youth and adults of the Daggett School District is of common concern to all interested in education, the Board of Education declares its policy to continue to work with all persons, groups, associations, and individuals for the betterment of education which is consistent and within the legal responsibility and authority bestowed upon the Board of Education by the provisions of the law governing the operation of the public schools in this district.

The Board of Education realizes that a competent and capable staff of employees is the most essential factor in the establishment of a high quality educational program and is desirous to maintain the traditional high level of competence in the employees of Daggett School District. At all times the Board is receptive to give full consideration to the suggestions and recommendations made by groups, associations, and individuals and of doing all things possible within the scope of its legal authority, fiscal responsibilities, and district interests toward satisfactory solution and settlement of any and all problems and proposals.

It should be made clear that this policy does not imply that membership in any organization be made a condition of employment in the Daggett School District. The Board recognizes an individual’s freedom of choice and an individual’s right to be heard by the Board without affiliating with an organization.

The Board fosters the humanism of its relationship with each employee. It is believed that the obligation of the Board members requires them to continue their quest to provide for the employees a freedom of individual opportunity to achieve the personal goals of perfection and recognition which each may have established.

Policies affecting staff personnel and the educational program are cooperatively developed. Policy proposals or recommendations for revision of present policies are made by the Board of Education, the Administration, committees or employees, or all three. It is recommended that the local associations or representative committees take part in reviewing and revising policies. Policies or revisions will be adopted only by the Board.

In the last analysis, the continued growth and development of education in Daggett School District depends upon the harmonious relations of the Board of Education working with all groups, associations, or individuals interested in education and the integrity, honesty and veracity of each.

District Governance

The Board has the power to manage and govern the public schools of the District.

Utah Code Ann. § 53A-3-402 (2007)

Elwell v. Board of Education of Park City, 626 P.2d 460 (Utah 1981)

Consultation

The Board and its administrative personnel may consult with teachers with respect to matters of educational policy and conditions of employment. The Board may adopt and make reasonable rules, regulations, and agreements to provide for such consultation, but these shall not limit or affect the power of the Board to manage and govern the schools of the District, nor shall such rules, regulations or agreements favor one educational association over another or give preferential treatment to an educational association.

Utah Code Ann. § 53A-3-426(4) (2007)

Exclusivity and Coercion

If the Board chooses to engage in consultation, the process shall be structured so that there is no direct or indirect coercion of employees to join or refrain from joining a labor union, labor organization or other type or association, and such consultation shall be structured so that the Board does not favor one educational association over another or give preferential treatment to an educational association.

Utah Code Ann. § 34-34-4 (1969)

Utah Code Ann. § 34-34-7 (1969)

Utah Code Ann. § 34-34-8 (1969)

Utah Code Ann. § 53A-3-426(4) (2007)

Association Negotiations

Public Employees may negotiate in groups or through employee associations with the District. This is not to be construed as granting to district employees the right to strike which action is specifically prohibited.

Utah Code Ann. § 34-34-2 (1969)

Utah Code Ann. § 34-34-16 (1969)

The term “labor organization” means any organization of any kind, or any agency or employee, representation committee, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

Publication of Negotiated Agreement

If the Board engages in negotiations with labor organizations and a negotiated or collective bargaining agreement is reached, the Board shall within ten (10) days of ratification post the agreement or memorandum on the District=s website

Utah Code Ann. § 53A-3-428 (2009)

Distribution of Organization Materials

The District shall not allow unstamped, or stamped but not cancelled, employee organization mail to be delivered by interschool mail. Unless off-duty and acting as an agent of an employee organization, a District employee shall not distribute unstamped, or stamped but not cancelled, mail from employee organizations to other District employees.

Equal Access for Employee Associations

The schools in the District shall allow all employee associations equal access to distribution of information in or access to employee physical or electronic mailboxes (including school-provided email accounts), and to membership solicitation activities at new teacher or new employee training meetings or functions. (This policy does not require the school to afford association access to these activities, but requires that if access is granted to one employee association, equal access must be provided to other employee associations.)

Utah Code Ann. § 53A-3-426(2), (3) (2007)

No Endorsement of or Preference for Any Employee Association

The District does not endorse any one employee association, and District policies, structures, and procedures shall not be applied to favor one employee association over another or to otherwise give preferential treatment to one employee association. District calendars and publications shall not include or refer to the name of any employee association in relation to any day or break in the school calendar.

Utah Code Ann. § 53A-3-426(4), (5) (2007)

4700

Graduation: Graduation Requirements

Diplomas or Certificate of Completion

The District will award one of the following diplomas or certificates of completion to students who complete the requirements as follows:

1) High School Diploma (Passing All Subtests of UBSCT)

a) Successful completion of the core curriculum and all state course requirements.

b) Successful completion of 5.5 credits beyond the core curriculum as required by District policy.

c) Achievement of passing scores or higher on all subtests of the Utah Basic Skills Competency Test (UBSCT), or reciprocity granted for school graduation exams passed in other states under State Board of Education criteria for students transferring to Utah high schools from out of state after the tenth grade year.

2) High School Diploma (Not Passing All Subtests of UBSCT)

a) Successful completion of the core curriculum and all state course requirements.

b) Successful completion of 5.5 credits beyond the core curriculum as required by District policy.

c) Documentation of at least three attempts to take and pass all subtests of the UBSCT with participation in UBSCT remediation.

i. This requirement does not apply if either of the following apply:

1. The student has not made three attempts to pass all subtests of the UBSCT despite taking all subtests of the UBSCT offered while the student was enrolled in Utah schools; or

2. The student qualifies for special education and the student’s IEP team has determined that the student’s participation in statewide assessment will be through the Utah Alternative Assessment.

a. Certificate of Completion

i. Completion of senior year.

ii. Exiting the school system.

Utah Admin. Rules R277-705-4 (December 11, 2006)

Utah Admin. Rules R277-705-7D (December 11, 2006)

Utah Admin. Rules R277-705-9 (December 11, 2006)

Adult education students will be awarded diplomas as set forth in Policy 4730.

Special Education Students

Special education students shall satisfy high school completion or graduation criteria, consistent with state and federal law and the student’s IEP. Such students may be awarded a certificate of completion or a diploma as set forth above, consistent with state and federal law and the student’s IEP or Section 504 plan.

Utah Admin. Rules R277-705-5 (December 11, 2006)

Military Child

A “military child” is a child enrolled in kindergarten through grade 12 who is legally residing in the household of an active duty service member or whose parent or legal guardian is an active duty service member. A designated administrative official of the District shall:

1. Waive specific courses required for a military child to graduate if the military child has satisfactorily completed similar course work in another local education agency; or

2. Provide reasonable justification for denial.

3. If a waiver is denied and a military child would have qualified to graduate from the military child’s previous local education agency, the district will provide alternative means of acquiring required coursework so that the military child may graduate on time.

The District will accept the following in place of testing requirements for graduation of military children:

1) Exit or end-of-course exams required for graduation from a military child's previous local education agency;

2) National norm-referenced achievement tests; or

3) Alternative testing.

If a military child transfers during the military child’s junior or senior year and the District cannot accommodate the provisions of Subsection (1), (2)(a) or (3), the District and the military child’s previous local education agency shall ensure the receipt of a diploma from the previous local education agency, if the military child meets the graduation requirements of the previous local education agency.

Utah Code Ann. §53A-11-1404 (2009)

Methods of Obtaining Credit

Credits towards graduation may be obtained and recorded on the student’s transcript by the following methods:

1) Successful completion of courses in the high schools of the District.

2) Successful completion of concurrent-enrollment college courses.

3) Demonstrated competency under policies established by the District following appropriate review.

4) Successful completion of assessment tests in particular subject areas, as established by District policy.

5) Evaluation of student work or projects consistent with District or school procedures and criteria.

6) Successful completion, as determined by the District or school, of correspondence or electronic coursework offered by accredited educational institutions with prior approval by the District or school to the extent practicable.

7) Transfer credits for successfully completed courses from the Utah Electronic High School and from any school accredited by the State Board of Education or by the Northwest Association of Accredited Schools, which credits shall be accepted as issued by the school, without alteration.

8) Credit for home schooling work if that is warranted following review of the work by the District.

a) Prior to the District conducting review of student home schooling work, the student must provide the District with documentation of compliance with Utah Code Ann. § 53A-11-102 for the time period for which credit is sought.

Notice of Credit Requirements

Each school within the District shall provide to the parent(s) or legal guardian(s) of each student enrolling in the school specific and adequate notice of the District’s requirements and limitations for awarding credit, including credits transferred from other schools or education providers and credits awarded from other sources under this policy.

Utah Admin. Rules R277-705-3A (December 11, 2006)

Utah Code Ann. § 53A-14-107(1), (2) (2008)

Requirements may not be performed by the Board or the District

Neither the Board of Education nor the District may perform the evaluation, summary, or website publication of the evaluation.

Utah Code Ann. § 53A-14-107(2) (2008)

6000

Public Information Program: Public Records

Policy Purpose

This policy is adopted pursuant to the Government Records Access and Management Act Utah Code Ann. § 63G-2-701 (“GRAMA”) and applies to District records relating to information practices, including classification, designation, access, denials, segregation, appeals, management, retention, and amendment of documents. [Note: Upon adoption, a school district GRAMA policy must be filed with the state archives within 30 days of the policy’s effective date.]

Utah Code Ann. § 63G-2-701 (2009)

Privileged Document

The District reserves the right to claim a privilege with respect to all documents which are subject to attorney work product, attorney-client, physician-patient, psychiatrist-patient or other statutory privilege.

Appropriate Requestor of Records

Every person has the right to inspect a public record free of charge and the right to copy a public record in compliance with the terms of this policy. (The procedure for requesting a record is set forth below.) A “public record” means any record that is not private, controlled, or protected.

For purposes of this policy, “records” do not include: temporary drafts or other materials prepared for the originator's personal use or for the personal use of another, personal notes, notes kept in personal journals, diaries or other day timers, notes of informal observations, notes of evaluations or materials owned by the originator in his or her private capacity, documents relating to the Board of Education’s actions in a quasi-judicial capacity, books or other items catalogued in District libraries, copyrighted material (unless copyrighted by a government entity), or computer programs or software. In addition, GRAMA does not apply to District documents and information relating to security plans; security codes, combinations, and passwords; passes and keys; security procedures; and building and public works designs to the extent that those relate to ongoing security measures.

Utah Code Ann. § 63G-2-204(1) (2008)

Utah Code Ann. § 63G-2-106) (2008)

Public Records

Public records shall include

1) official minutes,

2) actions and decisions of the Board of Education and District Administration;

3) official District and school:

a) policies

b) contracts

c) accounts

d) employment records of former and current employees and officers to the extent they disclose only:

names

gender

e) job titles

f) job descriptions

g) business address

h) business telephone number

i) gross salaries

j) working hours and dates of employment

4) any other record properly identified as public in accordance with Utah Code Ann. § 63G-2-301 unless the record involves information which is classified as private, controlled or protected.

Public records shall also include formal charges or disciplinary actions against a current or former employee if the disciplinary action has been completed, all time periods for administrative appeal have expired, and the charges on which the disciplinary action was based were sustained.

Utah Code Ann. § 63G-2-301 (2008)

In addition, each school shall maintain a list of “teachers” who currently hold a level 1, 2, or 3 license and “associate teachers” who do not currently hold a level 1, 2, or 3 license but are permitted to teach in the school under another authorization. This list shall be available for review by any person upon request.

Utah Code Ann. §53A-6-111 (2004)

Availability of Public Records

Public records shall be open for public inspection during regular office hours, subject to compliance with the procedures set forth in this policy.

Private Documents

The District hereby designates all documents identified in Utah Code Ann. § 63G-2-302(1)(a) through (c), (f) through (h), (j), and 302(2) as “private data,” including specifically but not limited to:

1) All private personnel records contained in a personnel file, applications, nominations, or recommendations for employment, advancement or appointment (with the exception of those portions of personnel records identified as public above);

2) Any formal employee evaluation signed by the employee;

3) Records showing an individual’s home address, home telephone number, social security number, insurance coverage, marital status, payroll deductions, race, religion or disabilities or military status;

4) Records touching upon an individual’s eligibility for unemployment benefits, social services, or welfare benefits;

5) Records touching upon an individual’s personal finances, except for the compensation information identified as public above, information provided to the Board for the purpose of complying with a financial assurance requirement, or records that must be disclosed pursuant to another statute;

6) Records touching upon any individual’s medical or psychological condition, past or present; or

7) Any record the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

Utah Code Ann. §63G-2-302 (2008)

Student Records

All student records are designated as “education records” and the disclosure of such education records is not governed under GRAMA but under 20 U.S.C. §1232(g) and 34 C.F.R. §99 et seq. and 34 C.F.R. §300 et seq. The District may not release information related to educational records without parental consent, except as provided in the Family Educational Rights and Privacy Act (FERPA). See Policy FE: Student Records.

Availability of Private Records

Upon an appropriate written request from the subject of the records, or the parent or legal guardian of an unemancipated minor who is the subject of the record, the District shall disclose private records and other private data only to:

1) the subject of the record, or

2) the parent or legal guardian of an unemancipated minor who is the subject of the private record, or

3) the legal guardian of a legally incapacitated individual who is the subject of the private record, or

4) any individual who has a power of attorney from the subject of the record, or who submits a notarized release from the subject of the record, or

a) his legal representative which is dated not more than ninety (90) days before the date the request is made, or

b) pursuant to an order of a court of competent jurisdiction to disclose such record.

Utah Code Ann. § 63G-2-202(1) (2008)

Controlled Records

A record is controlled if:

1) the record contains medical, psychiatric, or psychological data about an individual;

2) the governmental entity reasonably believes that:

a) releasing the information in the record to the subject of the record would be detrimental to the subject's mental health or to the safety of any individual; or

b) releasing the information would constitute a violation of normal professional practice and medical ethics; and,

c) the governmental entity has properly classified the record.

Records showing medical or psychological tests of a student may be disclosed to persons within the school district who are members of that student’s individual education program (IEP) team.

Utah Code Ann. §63G-2-304 (2008)

Availability of Controlled Records

Upon proper request, the District shall disclose a controlled record to:

1) a physician, psychologist, certified social worker, insurance provider or producer, or a government public health agency upon submission of:

2) a release from the subject of the record that is dated no more than 90 days prior to the date the request is made; and

3) a signed acknowledgment of the terms of disclosure of controlled information as provided by Subsection (2)(b); and

4) any person to whom the record must be disclosed pursuant to a court order or legislative subpoena.

Utah Code Ann. §63G-2-202(2)(a) (2008)

Protected Records

The District hereby designates as “protected data” all records identified in Utah Code Ann. §63G-2-305, including but not limited to:

1) Any document disclosing a trade secret as defined in Utah Code Ann. § 13-24-2 if the person submitting that information to the District has provided the District with the information specified in Utah Code Ann. § 63G-2-309;

2) commercial information or nonindividual financial information from a person if

a) disclosure of that information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the District to obtain necessary information in the future;

b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

c) the person submitting the information has provided the District with the information specified in Utah Code Ann. § 63G-2-309;

3) Test questions or answers;

4) Any document the disclosure of which may give an unfair advantage to a person or entity proposing to enter into a contract with the District, except that (subject to 1 and 2 above), once the contract has been awarded, a bid, proposal, or application submitted to the District in response to a request for bids, a request for proposals, a grant, or similar document is no longer considered a Protected document;

5) Records that would identify real property or the appraisal or estimated value of real or personal property, including intellectual property, under consideration for acquisition by the District before any rights to the property are acquired unless:

a) Public interest in obtaining access to the information outweighs the District’s need to acquire the property on the best terms possible;

b) The information has already been disclosed to persons not employed by or under a duty of confidentiality to the District;

c) In the case of records identifying the property, potential sellers of the property have already learned of the District’s plans to acquire the property;

d) In the case of records identifying the appraisal or estimated value of the property, the potential sellers have already learned of the District’s estimated value of the property; or

e) The property the District is considering acquiring is a single-family residence and the District has initiated negotiations to acquire the property under Utah Code Ann. § 78B-6-505;

6) Records prepared in contemplation of the sale, exchange, lease, rental or other compensated transaction of real or personal property (including intellectual property), which if disclosed prior to completion of the transaction would reveal the appraised or estimated value of the property unless:

a) The public interest in access outweighs the interests in restricting access, including the District’s interest in maximizing the financial benefit of the transaction; or

b) When prepared by or on behalf of the District, appraisals or estimates of the value of the subject property have already been disclosed to persons not employed by or under a duty of confidentiality to the District;

7) Any record that may jeopardize the life or safety of an individual if disclosed;

8) Any records which may jeopardize the security of District property or programs;

9) Records touching upon audits, audit techniques, procedures and policies if disclosure would interfere with audits or collections;

10) Records touching upon issues of actual or potential litigation;

11) Records touching upon collective bargaining strategy;

12) Records touching upon occurrences covered by the Division of Risk Management;

13) Records generated in a meeting closed in accordance with the Utah Open and Public Meetings Act;

14) Records, other than personnel evaluations, that contain a personal recommendation concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal privacy, or disclosure is not in the public interest;

15) Materials to which access must be limited for purposes of securing or maintaining the District’s proprietary protection of intellectual property rights including patents, copyrights, trademarks and trade secrets.

Utah Code Ann. §63G-2-305 (2008)

Availability of Protected Records

Upon proper request, the District shall disclose a protected record to:

1) the person who submitted the record;

2) any other individual who:

a) has a power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or

b) submits a notarized release from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification or from their legal representatives dated no more than ninety (90) days prior to the date the request is made;

c) any person to whom the record must be provided pursuant to a court order or legislative subpoena as provided by statute.

Utah Code Ann. §63G-2-202(4) (2008)

Exempt records include student records, which are protected by the Family Educational Rights and Privacy Act.

Copyrighted or Patented Materials

Any document which is copyrighted, either by formal filing under federal copyright laws or by informal claim of copyright, or which is covered by a patent, trademark or other protected designation, shall not be copied or provided to any person without an order of a court of competent jurisdiction ordering such disclosure or written permission from the author of the record.

Utah Code Ann. §63G-2-103(22)(b)(4) (2008)

Utah Code Ann. §63g-2-305(36) (2008)

Sharing Records

The District shall provide a private, controlled, or protected record to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if the requesting entity:

1) is entitled by law to inspect the record; or

2) is required to inspect the record as a condition of participating in a state or federal program or for receiving state or federal funds.

The District may provide a record that is private, controlled, or protected to another governmental entity, a government managed corporation, a political subdivision, the federal government, or another state if the requesting entity:

1) serves as a repository or archives for purposes of historical preservation, administrative maintenance, or destruction;

2) enforces, litigates, or investigates civil, criminal, or administrative law, and the record is necessary to a proceeding or investigation;

3) is authorized by state statute to conduct an audit and the record is needed for that purpose;

4) is one that collects information for presentence, probationary, or parole purposes; or

5) is the Utah Legislature, a legislative committee, a member of the Legislature, or a legislative staff member acting at the request of one of these entities and the record is requested in connection with the Legislatures duties including preparation or review of a legislative proposal or legislation, appropriations, or an investigation or review by the Legislature or a legislative committee.

The District may provide a private, controlled or protected record to another governmental entity, a political subdivision, a government managed corporation, the federal government, or another state if the requesting entity provides written assurance:

1) that the record or record series is necessary to the performance of the governmental entity's duties and functions;

2) that the record or record series will be used for a purpose similar to the purpose for which the information in the record or record series was collected or obtained; and

3) that the use of the record or record series produces a public benefit that outweighs the individual privacy right that protects the record or record series.

Utah Code Ann. §63G-2-206 (2008)

The District may disclose records that may evidence or relate to a violation of the law to a government prosecutor, peace officer, or auditor.

Utah Code Ann. §63G-2-206(9) (2008)

A governmental entity, including the District, that receives a record pursuant to this policy, Record Sharing, or Utah Code Ann. § 63-2-206, is subject to the same restrictions on disclosure of the record as the originating entity.

Utah Code Ann. §63G-2-206(6) (2008)

Procedures

A person may request access to the District's records if that person meets the requirements set forth in this policy and submits a written request containing the requestor's name, mailing address, daytime telephone number, a specific description of the records requested and showing the requestor's status as one entitled to access to such records. Each requestor shall submit a written request specifically identifying those documents requested. The request shall specifically state whether:

1) the requester seeks only to inspect the records;

2) the requester seeks to inspect and obtain copies of records; or

3) the requester seeks to have the District identify and provide copies of the requested records, without prior inspection by the requester.

In the event that copies of records are requested, the requester shall pay fees as set forth below.

Access to District Records

A request to view District records should be addressed to the appropriate records officer during regular business hours. Individuals requesting to view records classified as “Private,” “Controlled,” or “Protected” must prove their right of access to the records through personal identification, written release from the subject of the record, power of attorney, court order or other appropriate means.

The records officer shall determine whether access to the requested records is to be granted or denied.

If the request is granted, the record shall be provided as soon as possible and not more than ten (10) business days from the date the request is received unless extraordinary circumstances as identified in Utah Code Ann. § 63g-2-204(4) require a longer period of time. The time for response shall be five (5) business days if the requester demonstrates that the request benefits the public rather than the requester. This public benefit is presumed if the request is made to obtain information for a story or report for publication or broadcast to the general public.

If the request is denied, the records officer must specify the reason in writing and the requestor shall be informed of the right to appeal.

If the records are not maintained by the District, the requestor should be informed that the records cannot be provided for that reason.

Utah Code Ann. §63G-2-204 (2008)

Fees for Search and/or Duplication of Records

A fee shall be charged for the District's actual cost of duplicating a requested record and also for the personnel time in compiling and obtaining the record at current cost.

However, no fee may be charged for:

1) the time and work required to determine whether the record is subject to disclosure (beyond that needed to retrieve the record or compiling, formatting, manipulating, packaging, summarizing, or tailoring the record as needed to meet the request, which can be charged as set out above); or

2) the requestor's inspecting the record.

An additional fee of the current cost for notary work shall be charged per each page of a document which has been requested to be certified.

Before beginning to process a request, the District shall require the requester to pay any past unpaid fees of the requestor and shall require the payment of the estimated future fees if those are expected to exceed $50.00.

Utah Code Ann. §63G-2-203 (2008)

Right to Require Requester to Make Copies—

If an appropriate requestor requests to have copies of more than fifty (50) pages of records, the District may in its sole discretion provide the requestor with facilities to make copies and require the requestor to make copies him or herself at his or her own expense.

Utah Code Ann. § 63G-2-201(9) (2008)

Appeals Process—

Appeals to the District Administration: The requestor shall file a written request for a hearing with the District Administrative Services at least ten (10) working days prior to the desired hearing date. The requestor shall submit an appeal of the request to the Board of Education of the District in writing which specifically states the documents which have been designated for copying or for inspection, the date of the request, the date of the denial of the request, all circumstances surrounding the denial, the reasons stated for the denial, and attaching a copy of any funds which have been submitted to pay for copies if copies have been requested.

Upon receiving the request, the Director of Administrative Services shall schedule a mutually convenient time, date, and location for the hearing and notify all parties, but no later than thirty (30) days after the requestor has submitted the appeal to the Board of Education.

The requestor has the right to be represented by legal counsel at the hearing. If the requestor is to be represented by legal counsel, the Administration must be notified at least ten (10) working days in advance of the hearing and a list of all persons to be called and documents to be submitted into evidence shall be given to the District. If the Requestor has legal counsel present at the hearing, the Administration may also be represented by legal counsel.

Within ten (10) working days after the hearing, the Director of Administrative Services shall notify the requestor in writing of the recommended action.

If the requestor is not satisfied with the recommended action, an appeal may be filed with the Board of Education.

Appeals to the Board of Education shall follow the same procedures and time lines outlined above.

If the Board upholds the action recommended in the hearing with the District Administration, the requestor has the right to appeal the Board’s decision to a court of competent jurisdiction.

Retention of District Records—

The District shall adhere to the general schedule for records retention approved by the State Records Committee. Records which are not covered by the general schedule shall be submitted to the State Records Committee for scheduling.

Amendment of Records—

An individual may contest the accuracy or completeness of any public, or private, or protected record concerning him/her by requesting the School District to amend the record. However, this provision does not affect the right of access to private or protected records. This provision does not apply to records relating to title of real property, medical records, judicial case files, or any other records that the School District determines must be maintained in their original form to protect the public interest or preserve the integrity of the record keeping system.

Utah Code Ann. § 63G-2-603 (2008)

Request to Amend—

The request to amend shall contain the requester's name, mailing address, daytime telephone number and a brief description explaining why the specific record should be amended.

Utah Code Ann. § 63G-2-603(2)(b) (2008)

Response—

The School District shall issue an order either approving or disapproving the request to amend no later than thirty (30) days after the request is made. The order shall state reasons for the decision. If the request is denied, the requester may submit a written statement contesting the information in the record. The School District shall place the statement with the record, if possible, and disclose the statement whenever the contested record is disclosed.

Utah Code Ann. § 63G-2-603(5), (6) (2008)

Notice to Provider of Information—

The District shall post a notice and explain upon request to a person who is asked to furnish information that could be classified as a private or controlled record:

1) The reasons the person is asked to furnish information that could be classified as a private or controlled record;

2) The intended uses of the information;

3) The consequences for refusing to provide the information; and

4) The reasons and circumstances under which the information may be shared with or provided to other persons or governmental agencies.

Utah Code Ann. § 63G-2-601(2), (3) (2008)

6200

Community Use of School Facilities

Civic Center

Public school buildings and grounds are civic centers and shall be used by District residents for supervised recreational activities and meetings, subject to the requirements and restrictions set forth below. Use of school property for civic center purposes may not interfere with a school function or purpose.

Utah Code Ann. § 53A-3-413 (2008)

Fees for Use of School Property for Civic Center Purposes

The Board may set and charge a reasonable fee for the use of school property for civic center purposes to fully compensate the District for any and all expenses incurred in that use. The fee charged may take into account increased overhead expense, including utilities, personnel, and other areas affected by use of the facilities.

Utah Code Ann. § 53A-3-414(2)(c) (2008)

Special Functions Officer

The Superintendent shall appoint a District special functions officer. The special functions officer shall have charge of the grounds and shall take reasonable measures to protect school property when used for civic center purposes.

Utah Code Ann. § 53A-3-413(4) (2008)

Utah Code Ann. § 53-13-105(1)(b)(v) (2007)

Duties of School Principal

The Principal, subject to approval of the Superintendent, shall allow the use of school facilities and shall also be responsible for collection of monies, notification of personnel involved (custodian, lunch manager, or technician), and the determination of free use of the building according to policy.

Rental of School Facilities

The rental of school facilities for other than school use shall be according to the following guidelines:

1) Application for rental will be made with the principal of the school. Application requires the signatures of the applicant, principal and Superintendent.

2) Rental rates will be determined according to the rental rate as approved by the Board of Education.

3) Payments will be collected by the Principal, recorded, and sent to the District Office with a copy of the original application.

4) Cancellations will be reported to the District Office.

5) Personnel charges will be added according to the rates listed on the rental schedule.

6) The Principal shall submit to the District a report of the use of building or grounds.

7) The Principal shall report questionable use or activity connected with rental of facilities.

8) A certificate of liability insurance is required with limits of not less than $500,000. The District shall be named as an additional insured. (This provision (8) can only be waived in writing by the Board of Education.) A Hold Harmless Agreement shall also be entered into.

Supervision

The principal shall be responsible for adequate supervision of the school during rental hours. Any non-school group occupying school property shall provide adult supervision adequate to maintain order and prevent the destruction of school property. Facilities shall not be available at the time of use unless the supervisor or supervisors are present as agreed. At the time of rental, arrangements shall be made for adequate supervision. School supervision shall consist of a minimum of one custodian to care for the interest of the District and its property. In the absence of the principal, the custodian shall be in complete charge of the building and grounds.

Supervision and Use of Equipment, Building and Grounds

Arrangements for adequate supervision shall be made in keeping with the use for which the rental is made to ensure proper conduct in and around the building and the proper care of the school and its equipment.

Inadvisable Uses

The Board may refuse to permit the use of school property as a civic center if it determines the use interferes with a school function or purpose.

Utah Code Ann. § 53A-3-414(5) (2008)

Standards of Behavior

The principal of the school shall accept application from only those groups who can assure adherence to the standards of behavior of the school. Tobacco, intoxicating substances, and boisterous conduct are expressly prohibited. The following will not be tolerated and are expressly prohibited by the Board:

1) vandalism;

2) use without consent, or abuse of school furniture or other school property; and,

3) appropriation or abuse of books, supplies, or athletic equipment belonging to the school or to its students. School athletic equipment may only be used with prior approval of the principal.

Use of Practice Fields and Other School Ground Facilities

The use of school ground facilities will be allowed at no cost provided fields are not abused or used during extremely wet conditions or other times when the field would be damaged.

Community groups such as Little League Football will be allowed to use specified areas of the school grounds as approved by the Principal.

Due to excessive use of the regular playing fields within the regular school program, the necessity of keeping certain playing fields in top condition for school league play, makes the regular use of these fields by non-school groups impractical.

High school facilities are available to community organizations, however, the facilities shall not be used at any time that would interfere with a school function or purpose.

Any other equipment rental requests shall be made to the Principal; such requests shall be granted upon the approval of the Principal.

6400

School Community Councils

Formation of Community Councils

Each school within the District shall, in consultation with the Board of Education, establish a school community council at the school building level.

Utah Code Ann. §53A-1a-108 (2008)

Composition of Councils

Each school community council shall consist of school employees (including the school's principal) and parents or guardians of students who are attending the school.

The recommended composition of school community councils for high schools is six (6) parent or guardian members and five (5) school employee members (including the principal). The recommended composition of school community councils for other schools is four (4) parent or guardian members and three (3) employee members (including the principal). While the number of members can be larger or smaller than the recommended number, the number of parent or guardian members must always exceed the number of school employee members, and the council must consist of at least three (3) parent or guardian members and two (2) school employee members.

Each council shall have a chair and vice chair, elected by council members from among the members of the council. No more than one council member may serve as the chair or vice chair at the same time. (i.e., no co-chair or co-vice chairs).

Utah Code Ann. §53A-1a-108 (2008)

Notice of Available Community Council Positions

The principal of the school, or the principal's designee, shall provide notice of the available community council positions to school employees, parents, and guardians at least fourteen (14) days before the date of the election. The notice shall include:

1) the dates and times of the election;

2) a list of council positions that are up for election; and

3) instructions for becoming a candidate for a community council position;

Utah Code Ann. §53A-1a-108 (2008)

Selection of School Employee Members

The principal shall serve as an ex officio member with full voting privileges.

Employee members shall be elected by secret ballot by a majority vote of the school employees. The principal, or the principal's designee, shall oversee the elections. Results of the election shall be made available to the public upon request.

If an employee position on the council remains unfilled following an election, the other employee members of the council shall appoint an employee to fill the position, and the council chair shall notify the Board of Education of the appointment.

Utah Code Ann. §53A-1a-108 (2008)

Selection of Parent and/or Guardian Members

Parent or guardian members shall be elected by secret ballot by a majority vote of those voting in an election held at the school. Ballots cast in this election shall be deposited in a secure ballot box. Only parents or guardians of students attending the school are eligible to vote in this election. The principal, or the principal's designee, shall oversee the elections. Results of the election shall be made available to the public upon request.

Any parent or guardian who qualifies to be a candidate may file or declare him or herself as a candidate for election to the council. An individual qualifies to be a candidate if she or he is the parent or guardian of a student who will be enrolled at the school at any time during the parent or guardian's initial term of office; however, if the parent or guardian is also an employee at the school, the parent or guardian is not eligible to be a “parent or guardian” candidate or member of the council if his or her employment with the school exceeds an average of more than six hours per week.

If a parent or guardian position on the council remains unfilled following an election, the other parent or guardian members of the council shall appoint a parent or guardian who meets the above qualifications to fill the position, and the council chair shall notify the Board of Education of the appointment.

Utah Code Ann. §53A-1a-108 (2008)

Term of Office

Elected or appointed members of the council shall serve a two (2) year term beginning the first day of July. However, initial terms shall be staggered so that no more than 50% of council members stand for election in any one year. Council members may serve up to three (3) successive terms.

Utah Code Ann. §53A-1a-108 (2008)

Duties of Councils

Each school community council shall advise and make recommendations to the school, school district administrators, and the local school board regarding the school and its programs, school district programs, and other issues relating to the community environment for students.

Each school community council shall also:

1) Develop a school improvement plan in accordance with § 53A-1a-108.5;

2) Develop a School LAND Trust program for the school in accordance with § 53A-16-101.5;

3) Develop a child access routing plan in accordance with § 53A-3-402;

4) Assist in the development and implementation of a staff professional development plan in accordance with § 53A-3-701;

5) In addition, each school community council for an elementary school shall develop a reading achievement plan in accordance with § 53A-1-606.5.

Utah Code Ann. §53A-1a-108 (2008)

Compliance with Open Meetings Law

Because school community council plans and recommendations are subject to approval by the Board of Education, councils may or may not be “public bodies” subject to the Utah Open and Public Meetings Act. However, the Board desires that school community councils conduct their business in an open and transparent manner, and therefore requests that school community councils comply with the Utah Open and Public Meetings Act, and adopt policies and procedures for holding meetings which satisfy the requirements of that Act. The Board of Education has adopted policies for its meetings to conform to the requirements of the Act, and community councils may use those policies as a model for their policies and procedures, adapting them as needed (some requirements in Board polices only apply to the Board). See Policy 1300

Utah Code Ann. § 52-4-103 (2007)

School Improvement Plan

Each school community council shall develop a school improvement plan. In developing this plan, the council shall annually evaluate and use the results of the school's U-PASS test. (However the council may not have access to data which reveals the identity of students.)

The school improvement plan shall:

1) identify the school's most critical academic needs;

2) recommend a course of action to meet those needs;

3) list any programs, practices, materials, or equipment that the school will need to implement its action plan to have a direct impact on the instruction of students. and result in measurably increased student performance; and

4) describe how the school intends to enhance or improve academic achievement, including how financial resources available to the school (for example, state and federal grants, or School LAND Trust Program monies) will be used for this purpose.

The school principal shall make the school budget and other data available to the council as needed in developing the school improvement plan.

The school improvement plan developed by the council is subject to the approval of the Board of Education. The school improvement plan as approved by the Board of Education shall be implemented by the school. The school shall provide ongoing support for the council's plan.

The school shall also through the school community council prepare and present an annual report to the Board of Education at the end of the school year which details the use of School LAND Trust funds and which assesses the results obtained from the use of those funds, and which also details the use of funds from other sources and the results obtained from use of those sources.

The council may develop a multi-year school improvement plan, but the plan must nevertheless be presented to and approved by the Board of Education each year.

Utah Code Ann. § 53A-1a-108.5 (2007)

School Land Trust Program

In developing the school improvement plan, the council shall include a program to use the School LAND Trust funds allocated to the school to implement a component of the school improvement plan, including a description of programs, practices, materials or equipment needed to implement the component of the plan.

The program developed by the council to use the School LAND Trust funds is subject to the approval of the Board of Education. The program, as approved by the Board of Education, shall be implemented by the school. The school shall provide ongoing support for the council's plan. The school shall also publicize to its patrons and the general public how the School LAND Trust funds were used to implement a component of the improvement plan and the results of those efforts. Also through the school community council, the school shall prepare and present an annual report to the Board of Education at the end of the school year which details the use of School LAND Trust funds and which assesses the results obtained from the use of those funds.

The council may develop a multi-year program for using School LAND Trust funds, but the program must nevertheless be presented to and approved by the Board of Education each year.

Utah Code Ann. § 53A-16-101.5 (2007)

Staff Professional Development Plan Assistance

The school community council shall assist the school with the development and implementation of the school's staff professional development plan.

Utah Code Ann. § 53A-3-701 (2003)

Child Access Routing Plan

Each school community council shall annually develop a child access routing plan for its school and submit it to the school traffic safety committee.

Utah Code Ann. § 53A-3-402 (2007)

Reading Achievement Plan for Elementary Schools

The school community council for each elementary school shall develop a reading achievement plan for the school which shall be submitted to the District for review and approval prior to implementation and reviewed and approved by the District annually. (In developing this plan, the council may not have access to data which reveal the identity of students.)

Following approval by the District, the reading achievement plan shall be implemented by the school's principal, teachers, and other appropriate staff.

The reading achievement plan shall be designed to reach the long-term goal of having all students in the school reading on or above grade level by the end of the third grade.

The reading achievement plan shall include the following components:

1) An assessment component that focuses on ongoing formative assessment to measure the five domains of reading (phonological awareness, phonics, fluency, comprehension, and vocabulary), as appropriate, and to inform instructional decisions, and which includes a reading assessment selected from a list recommended by the State Board of Education.

2) An intervention component that

a) Provides adequate and appropriate interventions focused on each student attaining proficiency in reading skills;

b) Is based on best practices identified through proven research-based methods;

c) Provides intensive intervention, such as focused instruction in small groups, implemented at the earliest possible time for students having difficulty in reading;

d) Provides an opportunity for parents to receive materials and guidance so that they will be able to assist their children in attaining proficiency in reading skills; and

e) As resources allow, involves a reading specialist.

3) A reporting component that includes reporting to parents their child’s literacy profile which documents ongoing formative assessment results and, at the end of third grade, their child’s reading level.

Utah Code Ann. § 53A-1-606.5 (2007)

Subcommittees and Task Forces

A school community council may create subcommittees or task forces to advise the council or make recommendations to the council, or to develop all or part of the plans that the council's duties require it to prepare. However, any plan or portion thereof developed by a subcommittee or task force shall be subject to the approval of the council.

A school community council may appoint individuals who are not members of the council to serve on a subcommittee or task force (including parents, school employees, or other community members).

Utah Code Ann. §53A-1a-108 (2008)

Mr. Olsen moved to table policy #3000 – Employment; Certified and Classified Personnel, motion was seconded by Mrs. Barber, motion carried unanimously.

Mr. Olsen moved to approve the following policies on the 2^nd reading, seconded by Mrs. Pallesen, motion carried unanimously.

1800

Community Involvement in Education

Community Resources

The Board recognizes that the public has substantial resources of training and experience that could be useful to schools. The strength of the local District is in large measure determined by the manner and degree to which these resources are utilized in an advisory capacity and to the degree that these resources are involved in supporting the improvement of the local educational program.

The advice of the public will be given careful consideration. In the evaluation of such contributions, the first concern will be for the educational program as it affects the students. The final decision may depart from this advice when in the judgment of the staff and the Board such advice is not consistent with goals adopted by the Board, consistent with current educational practice, or within the reach of the financial resources available.

3025

Employment: Personal Reporting of Arrests and Convictions

Employee's Duty to Personally Report Arrests and Convictions

An employee who is arrested for the following alleged offenses shall report the arrest within 48 hours or as soon as possible to the District's Superintendent or designee:

1) any matters involving arrests for alleged sex offenses;

2) any matters involving arrests for alleged drug-related offenses;

3) any matters involving arrests for alleged alcohol-related offenses;

4) any matters involving arrests for alleged offenses against the person found in Utah Code Ann. §§ 76-5-102 through 76-5-413; and

An employee shall report convictions, including pleas in abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance or diversion agreement.

After receiving arrest information about the employee, the Superintendent or designee shall review the arrest information and assess the employment status considering the employee's assignment. An employee shall be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses that may endanger students during the period of investigation. An employee shall be immediately suspended from any duties that require the employee to transport students or operate or maintain a District vehicle for alleged offenses involving drugs or alcohol during the period of investigation.

The employee shall report for work following the arrest of any matters listed in items (1) through (4) above only after notice has been provided to the District unless directed not to report for work by the District, consistent with District policy.

Failure to report any arrest or conviction pursuant to this policy may result in disciplinary action, up to, and including, termination.

Documents and records related to an employee's arrest and/or conviction, plea in abeyance, or diversion agreements, as well as final administrative determinations and actions following investigation, shall be maintained for a minimum of two (2) years following termination of employment with the district and require protection of confidential employment information.

The Superintendent or designee shall report the conviction, arrest or offense information received from licensed educators to the Utah State Office of Education ("USOE") within 48 hours of receipt of information from licensed educators.

"Licensed educator" means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system (examples are teachers, school administrators, and school district specialists). A licensed educator may or may not be employed in a position that requires an educator license. Licensed educators include individuals who are student teaching, who are in alternative routes to licensing programs or positions and individuals who hold district-specific licenses.

#3610 Exhibit

Policy Exhibit #1

3610

Employee Declaration

I, _____________________________________, have read and understood the Acceptable Use of Electronic Communication Device for District Business Policy and agree to adhere to the rules outlined therein.

_________________________________ ___________________

Employee signature Date

Mrs. Pallesen moved to table policy #5110 – Admissions and Attendance, seconded by Mr. Olsen, motion carried unanimously.

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

3440

Employee Leave Policy

Philosophy

Each employee signs a contract wherein he/she agrees to work each day of the contract. Students learn better and more and the operation of schools is smoother and more efficient when trained personnel are present and functioning. However, sickness, accident, death, and a myriad of other legitimate reasons necessitate absence. This policy provides the guidelines by which employees may take reasonable amounts of time away from work.

Personal Leave

Personal leave is defined as leave for any reason other than sick, vacation, holiday, or bereavement leave.

1) Nine (9) month employees receive 3 days.

2) Ten (10) and eleven (11) month employees receive 4 days.

3) Twelve (12) month employees do not receive personal days—personal days must be taken as vacation days.

4) Except in emergencies, personal leave may not be taken on the first or last week of a semester.

5) Full paid personal leave may accrue to 10 days.

6) Days accruing beyond 10 are paid out at the end of the contract year at the rate of 75% of the daily base salary rate.

Annual Vacation Leave

Full-time employees shall be given ten [10] days of annual vacation leave with pay each year during the first five years of employment. For each year thereafter, one additional day of annual vacation leave shall be given for each year of service up to a maximum of twenty [20] days a year.

Vacation leave shall be requested in writing through the employee’s immediate supervisor. Vacation leave must be approved by the superintendent prior to the time it is to be taken. Employees are encouraged to schedule vacation leave when no substitute is necessary. If a substitute is needed, vacation leave will be approved only after suitable arrangements have been made for a substitute.

Up to 10 unused vacation days may be carried over to the following year. Employees may not take more than 30 vacation days per year.

Any unused days in excess of the allowed carry-over shall be paid out at the rate of 75% of the daily base salary.

Holiday Leave

In addition to annual vacation leave described above, full-time, twelve month employees shall receive twelve (12) days of holiday leave for the following holidays:

1) New Year’s Holiday 2 days

2) President’s Day 1 day

3) Easter [Good Friday] 1 day

4) Memorial Day 1 day

5) Independence Day 1 day

6) Pioneer Day 1 day

7) Labor Day 1 day

8) Thanksgiving 1 day

9) Christmas 3 days

Bereavement Leave

Employees shall be granted Bereavement leave at the death of an immediate member of the family. The phrase, "an immediate member of the family," includes husband, wife, son, daughter, father, mother, brother, sister, grandmother and grandfather. (Exceptions that may be considered by the Superintendent: sister-in-law, brother-in-law, uncle, aunt, nephew, niece, first cousin and those who have virtually held the position of an immediate member of the family.)

1) Employees may take up to 3 days.

2) Bereavement days may not accrue.

3) Additional days taken are charged to sick leave.

Sick Leave

Sickness shall be defined as personal illness which requires an employee to be hospitalized, seek medical advice, be bed-ridden, or to remain at home for their own physical well-being or to protect the health of others. Employees may also use the above described sick leave for family illness, or to accompany a family member for medical attention when needed.

1) Nine (9) month contracts receive 10 per year.

2) Ten & eleven (10-11) month contracts receive 11 per year.

3) Twelve (12) month contracts receive 12 per year.

4) After ten (10) sick days in a row, medical evidence must be provided.

5) Days are used newest to oldest.

6) Sick days may accrue to any total.

7) Accrued sick leave vests after ten years of service in the District and is paid at retirement.

Accrued sick leave is not paid out at termination or resignation.

a) Accrued totals up to the end of the 2003-2004 and beginning with the 2008-2009 school years are paid out at 15% of the employee’s daily base salary.

b) Days accruing beginning with the 2004-2005 and ending with the 2007-2008 school years are paid out at 100% of the employee’s 2007-2008 daily base salary.

c) Accrued sick leave days numbering over 150 are paid out at 20% of the employee’s current daily base salary.

d) Accrued sick leave days numbering over 200 are paid out at 25% of the employee’s current daily base salary.

8) The sick leave payment at retirement is made with the following options:

a) If the value of accrued sick leave is under $4000, one payment.

b) If the value of accrued sick leave is over $4000,

i) As many $4000 payments and an adjusted final payment as it takes to exhaust the accrued value; or

ii) Five equal payments over 5 years;

iii) Payments on after-retirement medical insurance premiums for up to 5 years depending on the value of the accrued sick leave and the type of coverage; or

iv) A one-time cash lump sum equal to 50% of the accrued value; or

v) A one-time cash roll-over into a 401K equal to 50% of the accrued value; or

vi) A combination of one-time payments equal to 50% of the accrued value.

c) If the retiree dies before the benefit is fully paid, the retiree’s beneficiary is entitled to the remainder of the benefit as previously scheduled.

Sick Leave Credit

When all other types of paid leave are exhausted, an employee may negotiate with the superintendent to take an advance of up to 5 days to be paid back over the next two years.

If the employee leaves the district for any reason with Sick Leave Credit days outstanding, the employee must make a cash settlement deductible from the final contract payment.

In the case of extreme medical circumstance, other arrangements can be negotiated with the Superintendent.

Sick Leave Donations

Before a request for leave donation may be considered, the following conditions must be met: 

1) The employee must meet all requirements for leave under the Family Medical Leave Act (FMLA). Employees are generally eligible if they have a documented and qualifying reason and have worked for at least one year and for 1,250 hours over the previous 12 months. The superintendent may approve exceptions.

2) The employee must have used all available "paid leave" to include all personal, vacation, and available paid sick leave. 

Because medical and/or health information is considered private, the administrator must obtain a written release from the employee before identifying a need to other employees. The employee providing the release must state in writing what information they are willing to share with other employees. In extreme cases, if the employee is unable to make the written declarations, a verbal statement from the employee or a relative may make the written declaration. Once a release has been obtained, the principal may make an appeal to the immediate school or location of the employee, using the information in the release. If after a reasonable period of two or three weeks, donated leave is insufficient to cover the qualified leave period, the principal may submit a request to the District Business Administrator who will make a general appeal to all employees of the District.

No appeal will be compelling to the point of making employees feel "obligated" to donate leave. Employees, administrators, or others must not pass out a "signup list." Once a general appeal is issued concerned individuals may donate leave days by contacting the District Business Administrator.

A donating employee must identify the voluntary nature of the donation in writing.

If all donated leave is not used, unused leave will be returned to the employee from whom it was donated.

To avoid using up two or three days of leave from one employee and none from another, leave will be used one day at a time, from each donating employee, in rotating order. 

Leave must be donated in increments of full days only. Receiving employees will not be eligible to use more donated leave than is allowed in a covered FMLA event.

Family Medical Leave Act

This policy is adopted in conformance with the Family and Medical Leave Act, 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. and supersedes all other District policies related to family leave, sick leave, bereavement leave, pregnancy leave and/or disability leave.

Definitions

1) Eligible Employee

a) An “eligible employee” means any classified employee of the District who has been employed for at least 12 months by the District and worked at least 1,250 hours during the immediate 12-month period prior to any request for leave under this Policy, or any certified employee of the District who has been employed full-time for at least 12 months by the District.

29 CFR 825.110

2) Employment Benefits

a) The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pension or retirement benefits.

3) Health Care Provider

a) The term “health care provider” means a licensed doctor of osteopathy or medicine.

4) Parent

a) The term “parent” means the natural or adoptive parent of a child or legal guardian who acts in the place of a parent.

5) Son or Daughter

a) The term “son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, of a person who acts as parent. A child is: (a) less than 18 years of age; or (b) older than 18 years but incapable of self-care due to mental or physical disability.

6) Spouse

a) The term “spouse” means a legal husband or wife.

7) Serious Health Condition

a) The term “serious health condition” means an illness, injury, impairment, or physical or mental condition that requires:

i inpatient care consisting of an overnight stay in a hospital, hospice, or residential medical facility and subsequent treatment; or

ii continuing treatments by a health care provider, which includes:

1. periods of inability to work of more than three (3) consecutive calendar days that also involves treatment two or more times by a health care provider or at least one time which results in a regimen of continuing treatment;

2. any period of incapacity due to pregnancy or prenatal care;

3. any period of incapacity or treatment due to a chronic serious health condition which:

a. requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;

b. continues over an extended period of time (including recurring episodes of a single underlying condition);

c. and may cause episodic rather than a continuing period of incapacity (e.g. , asthma, diabetes, epilepsy, etc.);

4. a period of incapacity which is permanent or long-term due to a serious health condition for which treatment may not be effective, such as Alzheimer’s disease, severe stroke, or terminal stages of a disease; or

5. any period of absence to receive multiple treatments by a health care provider for restorative surgery or for treatment leading to incapacity for more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy) or kidney disease (dialysis).

29 CFR 825.114

Eligibility

An eligible employee is entitled to a total of 12 work weeks of leave without pay during any 12- month period in the event of any of the following:

1) the birth of a son or daughter of the employee and to care for that newborn son or daughter;

a) an expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work.

2) the placement of a son or daughter with the employee for adoption or foster care;

a) a father, as well as a mother, can take family leave for the birth, placement for adoption or foster care of a child.

3) a spouse, son, daughter or parent who has a serious health condition; or

4) the employee suffers from a serious health condition that makes the employee unable to perform the essential functions of that employee’s position.

An eligible employee is entitled to a total of 12 work weeks of leave without pay during any 12- month period in the event of any of the following:

1) a spouse, son, daughter, parent or next of kin of an employee is a member of the Armed Forces and is undergoing medical treatment, recuperation, or therapy, is otherwise on the temporary retired list, for a serious injury or illness.

29 CFR 825.112

29 CFR 825.200

Concurrent Leave

The board hereby designates all paid or unpaid leave for any reason to be counted as part of and included in the Family Medical Leave so that an employee shall be entitled to no more than twelve (12) weeks of Family Medical Leave and other types of leave taken together.

The District hereby requires the employee to substitute any accrued vacation leave, personal leave, or family leave of the employee in place of any part of the 12-week period of any leave under this policy.

Nothing shall require the District to provide paid sick leave, vacation leave, annual leave, or other type of paid leave in any situation where it is not otherwise provided under District policies.

Foreseeable Leave

An employee shall make a reasonable effort to:

1) provide the District with at least 30 days prior written notice of any anticipated leave under this policy whenever the leave is foreseeable; and

2) schedule treatment so as not to unduly disrupt the operations of the District.

29 CFR 825.302

Spouses of Employees Employed by the District

In any case where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate of 12-work weeks during any 12-month period if:

1) Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or

2) Leave is sought to care for a sick parent.

29 CFR 825.202

Required Medical Certification

All leave under this policy must be supported by a certification issued by a health care provider.

The Board hereby designates all qualifying leave as Family Medical Leave.

The medical certification shall be provided at least fifteen (15) days after leave is requested or when the employee begins unforeseeable leave.

1) A certification is sufficient if it states:

a) The date on which the serious health condition commenced.

b) The probable duration of the condition.

c) If additional treatments will be required for the condition, an estimate of the probable number of such treatments.

d) Which part of the definition of “serious health condition”, if any, applies to the patient’s condition, and the medical facts which support the certification, including a brief statement as to how the medical facts meet the criteria of the definition.

e) If medical leave is required for the employee’s absence from work because of the employee’s own condition (including absences due to pregnancy or a chronic condition), whether the employee:

i. Is unable to perform work of any kind;

ii. Is unable to perform any one or more of the essential functions of the employee’s position, including a statement of the essential functions the employee is unable to perform, based on either information provided on a statement from the employer of the essential functions of the position or, if not provided, discussion with the employee about the employee’s job functions; or

iii. Must be absent from work for treatment.

f) A statement that the serious medical condition prevents the employee from performing the tasks of the position or that requires the employee to attend and care for a son, daughter, spouse, or parent.

29 CFR 825.202

Other Provisions

1) An employee who takes leave in conformance with this policy is entitled to:

a) be restored to the position held by the employee prior to leave; or

b) be provided an equivalent position in terms of benefits, pay and responsibilities.

2) Other non-medical benefits accrued prior to taking leave shall be lost as a result of taking leave under this policy.

3) The employee shall not accrue any seniority or employment benefits during any period of leave.

4) The District may deny restoration of employment or an equivalent position if:

a) The denial is necessary to prevent substantial and grievous economic injury to the operations of the District;

b) The District notifies the employee that it intends to deny restoration when it determines that injury would occur;

c) The employee elects not to return to employment after receiving notice; and

d) The employee is among the highest paid 10% of employees of the District.

5) If an employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the employee, son, daughter, or spouse, then the District may recover the premium paid for maintaining coverage for the employee during the leave period.

29 CFR 825.215

Rules Applicable Near End of School Year

If the employee begins leave more than five (5) weeks prior to the end of the school year, the employee must continue taking unpaid leave until the end of the school year if:

1) The leave requested is of at least three (3) weeks duration; and

2) The return to employment would occur during the week period before the end of the school year.

If the employee begins leave for reasons other than a personal serious health condition which commences less than five (5) weeks prior to the end of the school year, then the employee must continue to take unpaid leave until the end of the school year if:

1) The leave requested is of greater than a 2-week duration;

2) The return to employment would occur during the 2-week period before the end of the school year.

If the employee begins leave for reasons other than personal serious health condition during the period that commences three (3) weeks prior to the end of the school year and the leave is greater than five (5) working days, then the employee must continue to take unpaid leave until the end of the school year.

The District shall post in a conspicuous place on school premises a notice of rights under this policy.

Association Leave

“Association Leave” as used in this policy means leave from a District employee's regular school responsibilities granted for that employee to spend time for association duties. Association leave shall only be available in connection with the association which represents the majority of each class of employees.

Association Leave is Unpaid Leave

To ensure that local education associations are not subsidized by taxpayer funds, all association leave taken by District employees is unpaid leave.

Association Leave Limits

No employee shall take more than six hours of association leave in any calendar month.

Leave Exhausted

When all leave is exhausted, additional days of leave taken by a salaried employee shall result in the reduction of employee’s pay at his/her daily rate. Hourly employees are paid only for hours worked and reported on the time sheet.

Without good reason and prior approval, an employee taking an excessive number of days with no pay could be considered neglect of duty and lead to termination.

Professional Duty

Abuse of leave under the above provisions is justifiable cause for canceling the employee’s leave benefits. It is expected that all employees assume the professional duty of honoring their contractual obligations and use leave only when necessary.

In extreme cases where leave is taken without good cause, such leave will be interpreted as neglect of duty and could result in termination.

3520

Employee Evaluation

Evaluation

The Board recognizes that the District must develop and support, monitor and maintain evaluation procedures and an evaluation program consistent with Utah Code Ann. § 53A-10-101 et seq.

Definitions

For purposes of this policy, the following definitions apply:

1) “Career educator” means a licensed employee entitled to rely upon continued employment under the policies of the Board.

2) “Educator” means an individual employed by the District who is required to hold a professional license issued by the State Board of Education, except:

a) a superintendent, or

b) an individual who:

(i) works fewer than three hours per day; or

(ii) is hired for less than half of the school year.

3) “Probationary educator” means an educator employed by the District who, under Board policy, has been advised by the District that the educator’s performance is inadequate.

4) “Provisional educator” means an educator employed by the District who has not achieved status as a career educator within the District.

Educator Evaluation Program Committee

To develop, support, monitor and maintain an evaluation program, the Board shall establish a committee comprised of an equal number of educator representatives, parents, and administrators. Nominees for educator representatives shall be voted upon by the District’s educators and a list of those individuals nominated shall be given to the Board. Nominees for parent representatives shall be submitted by community councils within the District. The Board shall appoint committee members from the nomination lists.

Periodic Written Evaluations

The District shall have an evaluation system that provides systematic and fair written evaluations of educators of the District. Evaluations of provisional and probationary educators shall be conducted at least twice each school year. Evaluations of all career educators shall be ongoing. Such evaluations may be considered by the Board prior to any Board action concerning the individual’s employment.

School Orientation

The principal of each school, or other Board designee, shall orient all educators assigned to a school concerning the educator evaluation program.

Evaluation Program Components

The District’s evaluation program for educators adopted by the Board in consultation with the Educator Evaluation Program Committee shall include the following components:

1) a reliable and valid evaluation program consistent with generally accepted professional standards for personnel evaluation systems;

2) systematic evaluation procedures for both provisional and career educators;

3) the use of multiple lines of evidence, such as:

a) self-evaluation;

b) student and parent input;

c) peer observation;

d) supervisor observations

e) evidence of professional growth;

f) student achievement; and

g) other indicators of instructional improvement;

4) a reasonable number of observation periods for an evaluation to insure adequate reliability; and

5) administration of an educator’s evaluation by;

a) the principal

b) the principal’s designee;

c) the educators immediate supervisor; or

6) another person specified in the evaluation program.

Deficiencies and Remediation

An educator’s performance is unsatisfactory in an evaluation if any of the evaluation scales indicate that performance is unacceptable, needs improvement or is less than satisfactory in any manner.

The person responsible for administering an educator’s evaluation shall give an educator whose performance is inadequate or in need of improvement a written document clearly identifying deficiencies, the available resources for improvement, and a recommended course of action that will improve the educator’s performance.

The District shall provide the educator whose performance is inadequate or in need of improvement with reasonable assistance to improve performance.

The educator whose performance is inadequate or in need of improvement is responsible for improving performance by using the resources identified by the school district and demonstrating acceptable levels of improvement in the designated areas of deficiencies.

The person responsible for administering the evaluation of an educator whose performance has been determined to be inadequate or in need of improvement, shall complete written evaluations and recommendations regarding the educator at least 60 days before the end of the educator’s contract school year.

In the event such an indicator of less than satisfactory in performance is determined, the administration may conduct additional evaluations to determine whether the performance issues have been remediated. The additional evaluations may be conducted at any time reasonable to assess the educator’s performance.

Summative Evaluation and Review of Evaluation

The person responsible for administering an educator’s evaluation shall, at least 15 days before an educator’s first evaluation, notify the educator of the evaluation process and give the educator a copy of the evaluation instrument, if an instrument is used.

The person responsible for administering an educator’s evaluation shall allow the educator to make written response to any part of the evaluation and attach the educator’s responses to the evaluation.

Within 15 days after the evaluation process is completed, the evaluator shall discuss the written evaluation with the educator and following any revision of the written evaluation made after the discussion, file the evaluation and any related reports or documents in the educator’s personnel file and give a copy of the written evaluation and attachments to the educator.

An educator who is not satisfied with a summative evaluation has 30 days after receiving the written evaluation to request a review of the evaluation.

If a review is requested, unless another method of review is agreed upon, the superintendent or the superintendent’s designee shall appoint a person, not an employee of the District, who has expertise in teacher or personnel evaluation to review and make recommendations to the superintendent regarding the evaluation.

Mentor for Provisional Educator

The principal or immediate supervisor of a provisional educator shall assign a mentor, who has received training or will receive training in mentoring educators, to the provisional educator.

Where possible, the mentor shall be a career educator who performs substantially the same duties as the provisional educator and has at least three years of educational experience.

The mentor shall assist the provisional educator to become effective and competent in the teaching profession and school system, but may not serve as an evaluator of the provisional educator.

3550

Redress of Grievances

Purpose

The purpose of this policy is to provide employees an orderly process for the prompt and equitable resolution of grievances. The Board intends that, whenever feasible, complaints be resolved at the lowest possible administrative level.

Redress of Grievances

Employees shall have the right, in a peaceable manner that does not interfere with education in the District, to assemble together for their common goals and apply to those vested with the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance.

Evaluations

Teachers may present grievances regarding the evaluation process and shall receive a written response. Grievances involving solely the content of evaluations shall be concluded at the Superintendent level. The employee may present a concern involving the content of evaluations to the Board, but the Board shall not substitute its judgment on particular ratings for the professional judgment of a trained evaluator.

Utah Code Ann. § 53A-10-110(1) and (2)

Right to Representation

An employee, or where appropriate a group of employees, may present a grievance through another person or organization recognized by the Board regarding any adverse employment action or administrative action decision negatively affecting the employee(s).

Freedom from Retaliation

No retaliatory action shall be taken by the Board or any administrator against an employee or other participant in a grievance proceeding because of participation in the grievance procedure.

Presentation

An employee’s legal right to present a grievance is satisfied at each level when someone in a position of authority hears the employee’s concern; however, that authority is under no legal compulsion to take action to rectify the matter.

Board’s Role

The Board shall provide an opportunity for employees to present their grievances for Board consideration. At the option of the Board, grievances may be reviewed solely at the administrative level by a school principal or the Board may exercise its discretion to hear a grievance at a regular meeting in executive session or at such other times as the Board may determine.

Notice to Employees

Principals of each school shall be responsible for informing all employees under their supervision of the District’s employee grievances policy.

Definitions

1) Complaint

a) A complaint must specify the individual harm suffered.

2) A grievance under this policy shall include:

a) Grievances concerning an employee’s wages, hours, or conditions of work or other adverse employment action decisions affecting an employee.

b) Specific allegations of unlawful discrimination in employment on the basis of sex (including allegations of sexual harassment), race, religion, national origin, age, or handicap or on the basis of the employee’s exercise of constitutional rights.

c) Alleged violations of State Board rules or of policies adopted by the Board.

d) Alleged violations of a constitutional, statutory, or common law right.

3) Aggrieved Party

a) An aggrieved party is an employee who alleges a violation of a constitutional, statutory, or common law right, or of a State Board rule or local Board policy. An employee who files a grievance is not necessarily an “aggrieved party”. Different procedures may apply to “aggrieved parties” than to “complainants”. Those distinctions shall be determined on a case-by-case basis.

Presentations and Hearings

In most circumstances, complainants shall be entitled to administrative review conferences and an informal presentation of the complaint to the Board at the Board’s discretion; however, this provision shall not be construed to create an independent right to a hearing before the Board in addition to hearings required by law. Aggrieved parties whose legal rights have been adversely affected such that they are entitled to some type of due process hearing shall be offered a hearing before the Board or its designee. Upon receipt of the written request for a hearing, the Superintendent shall determine whether an aggrieved party is legally entitled to more than a presentation and, if so, the type of hearing appropriate.

Aggrieved Party

An employee aggrieved by a violation of a constitutional, statutory, or common law right, a rule adopted by the State Board of Education, or a policy adopted by the Board shall be afforded a hearing before the Board in accordance with applicable law. However, this provision shall not be construed to create an independent right to a hearing before the Board in addition to any hearing required by law.

Request

The aggrieved employee shall make a written request for a hearing, identifying specifically the claimed violation and the relief requested. The written request shall be deemed filed upon receipt by the Superintendent’s office. The request shall be filed with the Superintendent’s office not more than 15 days after the claimed violation.

Hearing

The school principal or designee shall conduct a hearing within 30 days of receipt of a written request. However, the hearing may be postponed by mutual consent. The principal or designee shall notify the aggrieved employee in writing of the time and place of the hearing. The Board shall notify the aggrieved employee of its decision in writing within 15 days after the hearing.

Other Review Processes

Employee termination and non-renewal procedures are found in other Article III 3000 policies and are not subject to the procedures set forth in this section.

Representation

The employee registering a complaint or any employee who is the subject of a complaint may be represented at his or her own expense by a fellow employee, attorney, other person, or organization. The District may be assisted in processing complaints as it deems appropriate.

General Provisions

The following shall be general provisions for processing grievances:

1. Grievances shall be heard in informal administrative conferences.
2. Time is of the essence. All time limits shall be strictly complied with, except if extended by mutual consent. All references are to calendar days, unless otherwise indicated.
3. The appropriate administrator at each level shall respond to the employee within seven working days of a grievance conference. Oral grievances may receive an oral or written response, and written grievances shall receive a written response.
4. The employee has seven working days after a response to appeal to the next level. The grievance shall be considered concluded if at any level it is not appealed within the given time limit.
5. All grievances arising out of an event or condition or related series of events must be addressed in one grievance. An employee may not bring separate or serial grievances concerning events or conditions about which the employee has previously complained.

Level One

Any employee having a grievance shall meet with the Principal or immediate supervisor within fifteen days of the time the employee first knew, or should have known, of the event, condition, or series of events upon which the grievance is based.

Level Two

If the employee is not satisfied with the outcome of the grievance conference at Level One, the employee may meet with the Superintendent or a designee to discuss the grievance within seven working days after receiving the response.

At or prior to the conference with the Superintendent or designee, the employee shall submit a written description of the basis of the grievance, the date(s) it occurred, the remedy sought, and the date the employee conferred with the Principal or immediate supervisor.

Level Three

If the outcome of the grievance conference at Level Two is not to the employee’s satisfaction, an employee wishing to appeal shall file a written request with the Superintendent for a Board hearing at the next regular meeting. In matters involving an aggrieved party, the meeting shall be held within 30 days after the date the written request for a Board hearing was filed with the Superintendent, unless postponed by mutual consent. The Board shall notify the aggrieved employee in writing of the time and place of the hearing. The Board shall provide written notification to the aggrieved employee of its decision within 15 days after the hearing.

The Board may designate a portion of its regular monthly meeting to hear employee grievances. However, the Board shall not discuss any subject that is not included in the -written notice (posted agenda) for the meeting, other than to propose to place it on the agenda for a subsequent meeting.

The Board President may set reasonable time limits on grievance presentations. The Board shall listen to the grievance, but is not required to respond or take any action on the matter unless the grievance is from an aggrieved party.

Aggrieved parties who are entitled to some type of due process hearing shall be afforded that hearing with the Board or its designee at Level Three. If the Board’s designee conducts the hearing, the designee shall make a recommendation to the Board at a meeting held within 30 days of the date the request for a Board hearing was filed with the Superintendent. The employee shall be given an opportunity to respond to the recommendation either orally or in writing.

Executive Session

If the grievance involves the character, professional competence, or physical or mental health of the employee bringing the grievance, it shall be heard by the Board in executive session, unless the employee requests that it to be heard in public. If the grievance involves complaints or charges against another employee, it shall be heard by the Board in executive session, unless the employee complained about requests that it be heard in public.

Utah Code Ann. § 52-4-5

5100

Admissions and Attendance: Eligibility and Admissions

Minimum Age

The District may enroll children in school who are at least five years of age before September 2 of the year in which admission is sought. However, the District shall enroll a military child who is not five years of age before September 2 of the year in which admission is sought if the military child was previously enrolled and attended a public school in kindergarten or a higher grade as a resident in another state.

“Military child” means a child enrolled in kindergarten through grade 12 who is legally residing in the household of an active duty service member or whose parent or legal guardian is an active duty service member in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders.

Utah Code Ann. § 53A-3-402

Utah Code Ann. § 53A 11-1401, 1402

Student Residency (Parent or Guardian Resides in Utah)

The District of residence of a minor child whose custodial parent or legal guardian resides in Utah is:

1) The School District in which the custodial parent or guardian who has legal custody of the child resides; or

2) The District in which the child resides;

a) While in the custody or under the supervision of a Utah state agency;

b) While under the supervision of a private or public agency authorized to provide child placement services by the state of Utah;

c) If the child is married or has been determined to be an emancipated minor by a court of law or authorized administrative agency;

d) The child resides in the District while living with a responsible adult resident of the District, but only if the Board has determined that all of the following conditions exist:

i) the child’s physical, mental, moral or emotional health is best served by considering the child to be a resident for school purposes;

ii) exigent circumstances prevent the case from being considered under the procedures provided for in this policy for interdistrict transfers (see “Student Who is Resident of Utah Attending District Outside of School of Residence,” below);

iii) considering the child to be a resident of the District will not violate any other law or rule of the State Board of Education; and

iv) the person with whom the child is living has been designated as the child’s custodian through a durable power of attorney as provided for in this policy.

3) A “responsible adult resident” is an individual who is 21 years of age or older who is a resident of this state and is willing and able to provide reasonably adequate food, clothing, shelter, and supervision for the child.

Student Residency (Parent or Guardian Does Not Reside in Utah)

A minor child whose parent or legal guardian does not reside within Utah may be considered a resident of the District in which the child lives if it is established to the satisfaction of the local Board that:

1) The child is either married or has been determined to be an emancipated minor by a court of law or authorized state administrative agency;

2) The child was placed and is being supervised by a child placing agency which is authorized by the State of Utah to provide residential or child placement services and the agency is paying the child’s tuition and fees to the extent required by Utah Code Ann. § 62A-4a-606;

3) The child is in custody or under the care of a Utah state agency;

Utah Code Ann. § 62A-4a-606(3)

4) The child lives with a resident of the District who is a responsible adult and whom the District agrees to designate as the child’s legal guardian as provided for below; or

5) The District, in its sole discretion may accept a non-emancipated student as a resident of the District if each of the following are demonstrated to the Board's satisfaction:

a) The child lives with a responsible adult who resides in the District and is the student's non-custodial parent, grandparent, brother, sister, uncle or aunt; and

b) The child's presence in the District is not for the primary purpose of attending the public schools; and

c) The child's physical, mental, moral, or emotional health would best be served by considering the child to be a resident for school purposes; and

d) The child is prepared to abide by the rules and policies of the school district; and

e) The person with whom the child resides in the district has been designated as the child's custodian in a durable power of attorney which the District agreed in its sole discretion to accept.

NOTE: A document issued by other than a court of law that purports to award guardianship to a person who is not a resident of the jurisdiction in which guardianship is awarded is not valid until reviewed by a court of law.

Durable Power of Attorney

In certain circumstances identified above, a durable power of attorney must be obtained before a child can admitted to attend school within the District. This durable power of attorney does not confer legal guardianship. In order to be sufficient, this durable power of attorney must be issued by the person who has legal custody of the child and must grant the custodian full authority to take any appropriate action in the interests of the child, including authorization for educational or medical services.