Daggett School District Policy Manual

Other statements will be sent to you from time to time. Some will be new, while others will be amended versions of pages already in the book. All of them will be punched, numbered, and dated.

To keep your book up to date, just take a moment to snap the new sheets in it the day they arrive. Be sure to destroy the old version of a page when you add its new replacement. You can check the last date at the top of each page to make sure your are keeping the newest version.

If your book happens to get out of date, please leave it with the Board’s secretary so that you can be given the missing pages.

ARTICLE I

EDUCATIONAL ORGANIZATION

Policy

Schools Open to Local Residents 105

Entrance Requirements, Full Term

Kindergarten 110

Entrance Requirements, First Grade 120

Organization of Schools 125

105

(Adopted 2/12/79)

(Revised 7/14/93)

53A-3-402 (5)

School Open to Local Residents

The public schools of the Daggett School District shall be open to all students who are at least five years of age before September 2 of the year in which admission is sought and who are residents of Daggett School District.

110

[Adopted 2/12/79

[Revised 5/11/82]

[Revised 7/10/91]

[Revised 1/11/95]

Entrance Requirements - Full Term Kindergarten

Requirements for entrance into the full term kindergarten program of the Daggett School District shall be as follows:

1. Parents whose children will reach the age of five years before September 2 of any school year, may enroll their children in the full term kindergarten program by submitting a birth certificate to the school prior to or at the time of enrollment, and providing proof of required immunizations.

2. Kindergarten pupils from other districts in Utah or from other states desiring to transfer into the kindergarten program of the Daggett School District must be transferring from a kindergarten approved by the department of education of the state from which they came.

3. Kindergarten pupils from other districts in Utah or from other states desiring to transfer into the kindergarten program of the Daggett School District who are under the ages for admission as regular students in the district will be admitted only on the approval of the Superintendent.

4. Children must enroll as beginning pupils in the full term kindergarten program not later than September 1, otherwise they will not be admitted until the following year.

120

[Adopted 2/12/79]

(Revised 7/10/91)

Entrance Requirements, First Grade

Requirements for admission to the first grade of Daggett School District shall be as follows:

1. Children who have successfully mastered Utah Core Curriculum Standards for kindergarten are eligible to be enrolled in the first grade.

2. Parents of children who will reach the age of six before September 1, of any school year may enroll said children in the first grade by submitting a birth certificate to the school prior to or at the time of enrollment.

3. First grade pupils from other districts in Utah or other states desiring to transfer into the first grade program in Daggett School District will be admitted as regular transfer pupils.

4. Children who reach the age of six after September 1, of any school year must wait until the next school year to enroll in the first grade unless they are bona fide transfers from other school systems.

5. First grade pupils from other districts in Utah or other states desiring to transfer into the first grade program of Daggett School District, who are under the ages for admission as regular pupils in the district will be admitted only on the approval of the Superintendent.

125

[Adopted 2/12/79]

[Revised 6/12/91]

Organization of School

The school system of Daggett School District shall consist of the following organizational units:

1. One elementary school, comprising grades Kindergarten through six.

2. One elementary school, comprising grades Kindergarten through five.

3. Senior high school, comprising grades seven through twelve.

ARTICLE II

ORGANIZATION OF THE BOARD

Policy

Legal Designation 205

Powers, Members and Election of Board Members 210

Election of Officers and Authority of the Board 215

Delegation of Authority 220

Appointment of Superintendent 225

Appointment of Business Administrator 230

Voting Precincts 240

205

[Adopted 2/12/79]

Legal Designation

The Board shall be a body corporate under the name of “Board of Education of Daggett School District”.

210

[Adopted 2/12/79]

Powers, Number, and Election of Board Members

The Board shall possess the usual powers of public corporations. It shall consist of five members, one member to be elected from and by each school representative precinct within the school district. On Tuesday after the first Monday of November in 1958, Board members shall be elected for a term of four years from representative precincts one, two, and three. On Tuesday after the first Monday of November in 1960, Board members shall be elected for a term of four years from representative precincts four and five. On Tuesday after the first Monday of November next preceding the expiration of each of the above mentioned terms and each four year term thereafter, there shall be elected for a term of four years one member of the Board of Education from each school representative precinct in which the term of a member expires. Members of the Board shall qualify for and take their seats at the first regular meeting January next after their election and shall serve until their successors are duly elected and qualified.

215

[Adopted 2/12/79]

Election of Officers and Authority of Board

Members of the Board of Education shall organize by electing from their number a president and vice-president, whose terms of office shall be for two years and until their successors are elected and qualified. Such organization shall take place in January. The Board of Education may appoint all other officers and do all other things that may be necessary to carry out an efficient educational program within the school district. The Board shall be governed by school laws which are enacted by the legislature of the State of Utah, and which govern the operation of the schools in the state.

220

[Adopted 2/12/79]

Delegation of Authority

While the Board of Education of Daggett School District is charged by the state with the responsibility of providing educational opportunities for the children in its schools and of directing those public school activities which the state entrusts to its care and supervision, a carefully planned pattern of authority is observed by the Board. In fulfilling its obligations, the Board acts similarly in its relationship to the schools as do boards of directors to successful business organizations; that is, through the power of legislation, by the determination of policies and the evaluation of results. The direct administration of the school system is delegated through the superintendent of schools whom the Board appoints to act as its executive officer.

225

[Adopted 2/12/79]

[Amended 5/10/83]

[Revised 88]

Appointment of Superintendent

At the first meeting of the Board of Education in June, in the odd numbered years, a superintendent of schools shall be appointed, who shall be a holder of a valid certificate of school administration, and shall enter upon his duties on the first day of July thereafter. His term of office shall be two years and until his successor shall be appointed and qualified.

230

[Adopted 2/12/79]

Appointment of Business Administrator

The Board of Education shall appoint a Business Administrator and the term of office shall be for two years and until a successor is appointed and qualified. The appointment of the Business Administrator shall be made in June in the even numbered years. The Board shall indicate their intention regarding this appointment not later than the April Board Meeting in the even numbered years.

ARTICLE III

BOARD RULES

Policy

Time of Meetings of the Board 305

Presiding Officer 320

Functions of Committee 325

Voting 330

Order of Business 335

Parliamentary Procedure 340

Change in Policies and Procedures 345

Conflicts with State Laws 350

Minutes of Board Meeting 355

Business to be Transacted in Official Board Meeting 360

Handling of Complaints by Board Members 365

Board Representation at Other Than Board Meetings 370

Public Inspection of School District Records 375

Nepotism 380

305

[Adopted 2/12/79]

[Revised 5/11/81]

[Revised 3/87]

[Revised 4.8.98]

Meetings of the Board

The regular meetings of the Board of Education shall be held on the second Wednesday of each calendar month.

Unless otherwise specified, all Board meetings will be held in the office of the Board of Education and shall be open to the general public.

Special meetings may be called by the president by giving advance notice to the other members of the Board, the superintendent, and the business administrator. Said notice must state the object and purpose of such meeting and no business other than that stated in the notice can be transacted without unanimous consent of the Board. Three or more members may petition for a special meeting and such petition shall be mandatory upon the president to call such meeting as requested by petition providing such petition is presented at least 48 hours prior to the time of the proposed meeting.

A quorum for the transaction of school business shall consist of a majority of the membership of the Board.

Public notice shall be posted not less than 24 hours before all special meetings of the Board.

320

[Adopted 2/12/79]

Presiding Officer

The president of the Board shall preside at all Board meetings. In the event of inability of the president to preside, the vice-president shall perform the duties of the president. In the absence or inability to act of both the president and vice-president, the remaining members shall select a member to act in that capacity.

325

[Adopted 2/12/79]

Functions of Committees

The Board shall generally act as a committee of the whole. Special committees may, however, be appointed to perform specific tasks or make specific investigations and report back to the Board at a particular date or time. Such committees are automatically dissolved when the report has been made to the Board.

330

[Adopted 2/12/79]

Voting

All votes on motions and resolutions authorizing expenditures shall be by ayes and nays, and the votes shall be recorded. The ayes and nays may be called for on any question and at the request of any member shall be entered on the minutes. No member shall be excused from voting on any call of the ayes and nays except by unanimous vote of the members present.

335

[Adopted 5/13/87]

[Revised 11/13/96]

Order of Business

The following order of business shall ordinarily be pursued in conducting regular Board Meetings, unless altered by consent of the majority of members present:

1. Meeting called to order

2. Citizen requests to speak to agenda items, or be placed on the agenda (present or future)

3. Potential agenda adjustments

4. Minutes of previous meeting(s)

5. Warrant lists

6. Old business

7. Action items

8. Executive Session

9. Reports and/or information items

10. Other items accepted to the agenda of the meeting

11. Adjournment

The desire of the Board is to be informed of essential, sensitive information in executive session prior to dealing with agenda business. Initial executive sessions will be adjourned with an effort to receive citizen requests 30 minutes after the meeting is called to order. If additional executive session time is needed, it will be scheduled later in the meeting. Efforts will be pursued to arrange, or rearrange, agenda items so that individuals wishing to address the Board will not be unduly detained.

340

[Adopted 2/12/79]

Parliamentary Procedure

Parliamentary procedures not provided for by these rules shall be determined by Robert’s Rules of Order, Revised.

345

[Adopted 2/12/79]

[Amended 6/14/83]

Change in Policies and Procedures

These policies and procedures are subject to change or amendment only in such details as are discussed in two consecutive regular sessions of the Board, and are favored finally by a majority vote of the Board.

Each change in policy so enacted shall be written in final form by the district business administrator and included in the district policy book. The date of revision, or of enactment, shall appear in parentheses under the policy number.

350

[Adopted 2/12/79]

Conflict with State Laws

No statement in these policies and procedures shall be operative if it is found to be in conflict with any laws of the State of Utah.

355

[Adopted 2/12/79]

Minutes of Board Meetings

A complete and accurate set of minutes of each Board Meeting shall be kept to comply with all legal requirements. Minutes shall be kept in an official record book specified for that purpose, shall be kept on file as the official record of school legislation of the district and shall be open for public inspection. A copy of the exact proceedings as indicated by the minutes shall be sent to each board member prior to the next regular board meeting.

360

[Adopted 2/12/79]

Business to be Transacted in Official Board Meeting

The Board of Education can transact business which is legally binding on the district only when in an official session with a quorum present and its proceedings recorded in the minutes of the meeting.

365

[Adopted 2/12/79]

[Revised 12/12/85]

Handling of Complaints by Board Members

Individuals or groups often confront a single Board Member with issues which shall be handled by the Superintendent of Schools. In those cases of apparent exception it is suggested that the Board Member withhold commitment and/or opinion until the matter has been presented to the entire Board during official session. It is often wise for a Board Member to postpone formulation of his own opinion until he has had the benefit of hearing the issue discussed by the Board where all aspects of the problem are aired. A Board Member should not obligate other members of the Board by predicting how they will vote.

Board members may from time to time be confronted by constituents, parents, pupils, school employees, and other citizens with various recommendations, complaints, or requests. In the interest of efficiency and orderly and proper administration and since no official action can be taken except through proper Board action, individual Board Members should refrain from committing the Board of Education until proper investigation and referral to the appropriate school personnel has been first made. In the event the problem remains unsolved, a meeting with the Board of Education can be arranged by the Superintendent of Schools.

370

[Adopted 2/12/79]

[Revised 6/10/98]

Board Representatives at Other Than Board Meetings

If the Board decides one or more of its members should be represented at a particular meeting other than board meetings, then the board member or members so assigned will not receive the same remuneration for the attendance at these particular meetings as they would for attendance at a regular meeting of the Board.

A Board member will be reimbursed for travel, lodging and meals at the rate established for all other district employees.

Out-of-state reimbursement for workshops, conventions, etc., must be ratified by Board action prior to attendance.

375

[Adopted 2/12/79]

Public Inspection of School District Records

The Daggett School District Board of Education shall abide by the state law on all matters pertaining to public inspection of all records and documents relating to the operation of said district. The following procedure shall be used for inspection of the records by any individual or group:

1. All requests for inspection of public records of the school district shall be formally made in writing and signed by the party, indicating the records to be inspected, and shall be submitted to the superintendent.

2. The custodian of such records, upon receipt of the inspection request as approved by the superintendent, shall make the requested records available to the individual or group at their convenience.

3. All records will remain within the confines of the office where housed during inspection and shall be supervised and directed in the presence of the custodian of the records. At no time will the records be removed from the confines of the office where housed unless otherwise specified by law.

380

(Adopted 4/8/91)

Nepotism - Prohibiting Employment of Relatives

52-3-1.Employment of relatives prohibited- Exceptions.

(1) For purposes of this section:

(a) “appointee” means an employee whose salary, wages, pay, or compensation is paid from public funds.

(b) “Chief administrative officer” means the person who has ultimate responsibility for the operation of the department or agency of the state or a political subdivision.

(d) “Relative” means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

(2) (a) No public officer may employ, appoint, or vote for or recommend the appointment of a relative in or to any position or employment, when the salary, wages, pay, or compensation of the appointee will be paid from public funds and the appointee will be directly supervised by a relative, except as follows:

(i) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;

(ii) the appointee will be compensated from funds designated for vocational training;

(iii) the appointee will be employed for a period of 12 weeks or less;

(iv) the appointee is a volunteer as defined by the employing entity;

(v) the appointee is the only person available, qualified, or eligible for the position; or

(vi) the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.

(b) No public officer may directly supervise an appointee who is a relative when the salary, wages, pay, or compensation of the relative will be paid from public funds, except as follows:

(i) the relative was appointed or employed before the public officer assumed his position, if the relative’s appointment did not violate the provisions of this chapter in effect at the time of his appointment;

(ii) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;

(iii) the appointee will be compensated from funds designated for vocational training;

(iv) the appointee will be employed for a period of 12 weeks or less;

(v) the appointee is a volunteer as defined by the employing entity;

vi (vi) the appointee is the only person available, qualified, or eligible for the position; or

vii (vii) the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.

(i) the public officer shall make a complete written disclosure of the relationship to the chief administrative officer of the agency or institution; and

(ii) the public officer who exercises authority over a relative may not evaluate the relative’s job performance or recommend salary increases for the relative.

(3) No appointee may accept or retain employment if he is paid from public funds, and he is under the direct supervision of a relative, except as follows:

(a) the relative was appointed or employed before the public officer assumed his position, if the relative’s appointment did not violate the provisions of this chapter in effect at the time of his appointment;

(b) the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;

(d) the appointee is compensated from funds designated for vocational training;

(e) the appointee is employed for a period of 12 weeks or less;

(f) the appointee is a volunteer as defined by the employing entity; or

(g) the chief administrative officer has determined that the appointee’s relative is the only person available or qualified to supervise the appointee.

ARTICLE IV

GENERAL INFORMATION

Policy

Knowledge of Policies and Procedures 402

Disposal of Surplus School Property 404

Use of School Property 406

Employees Acting as Agents 408

Physical Examinations 410

Tuberculin Testing 411

Employment of Substitutes 412

Reporting Employee Absences 414

Early Retirement Incentive Program 416

Attendance at Conferences or Workshops 418

Personnel Selection & Hiring 419

Issuing Contracts 420

Release from Contract 422

The Normal Working Week 424

Purchasing Procedures 426

Released Time for Religious Instruction 430

Authorization, Reimbursement and Cost Effectiveness of Travel 434

Student Travel 435

Workshops and Conventions 436

Community-Oriented Programs or Assemblies 439

Salary Payments 440

Computation of Salary for Teachers 444

Principals’ Salary Schedule 445

Discipline in Schools and Prohibition of Corporal Punishment 446

Student Conduct and Disciplinary Procedures 447

Fund Drives by Schools 448

Fiscal Policies of Flaming Gorge Elementary, Manila Elementary, and Manila High School 450

Working Relationship Policy 452

Tort Liability 454

Salary Change 456

Salaries of Teachers and Administrators Entering the District 458

Extra Curricular Activity Salary Schedule 462

Insurance Policy 464

Eligibility Determination of Children for Receiving Reduced Price or Free Meals 466

Sexual Harassment - Employee/Employee-Employee/Student 467

Personnel Management Relations 469

Prison Work Crews on District Property 470

Student Welfare: Child Abuse 471

Non-Discrimination Policy 472

Section 504 of the Rehabilitation Act of 1973 473

Equipment Inventory 475

Instructional Responsibilities 477

Parental Involvement in the Schools 478

Home School Policy 479

Family Education Rights and Privacy Policy 480

Public Records 481

Student Records 482

Student Education Plan/Student Education Occupation Plan 483

Student Right of Conscience & Waiver of Participation 485

Academic Achievement 490

Scope of Employment 492

Search and Seizure 494

Acceptable Use Policy 495

Serious Communicable Disease Policy 496

HIV Positive Student or School Employee Rules 496-1

Video Tapes in the Classroom 497

Weeding Policy 498

Collection Development Policy 498-1

Library Instructional Media Standards 498-2

402

[Adopted 2/12/79]

[Revised 7/1/88]

Knowledge of Policies and Procedures

It shall be the duty of all employees to become informed concerning the policies and procedures of the Board of Education and to observe the same.

Each school shall have two copies of the Policies of the Daggett School District. One copy shall be placed in the library for use of the staff. The other copy shall be kept in the Principal’s Office. One copy each shall be placed in the Superintendent’s and Business Administrator’s Offices.

404

[Adopted 8/14/84]

[Revised 1/12/94]

Disposal of Surplus School Property

When it is determined that school equipment is no longer serviceable, written notice shall be provided by the proper school administrator and sent to the superintendent after which it shall be sent to the city dump and the proper record made of the property disposal. School employees shall not have salvage rights to this equipment.

When serviceable school equipment, furniture, or other items are determined to be in excess, they shall be made available to other schools in the district. If no need is found in another school, the items shall be sold at bid to the community at large (Veal vs. Smith, 221 GA 712, 146 S.E. 2d 751, 1966) or if no bid is made on an article, it may be sold at a fixed price if there is an established procedure available to determine a “fair market value”.

The Superintendent of Schools and members of the school Board may not bid on any item.

406

[Adopted 2/12/79]

Use of School Property

Materials, equipment, and tools which are purchased with Board of Education funds are procured for the operation and maintenance programs of Daggett School District and for advancement of the educational system. No equipment, materials, tools or facilities belonging to the school district shall be utilized by any individual for personal or private use unless otherwise provided for in the following paragraph. Materials, equipment or tools may be loaned to recognized community groups provided such lending will not interfere with regular school programs and provided there is sufficient evidence that they will be properly used and returned undamaged.

When in the opinion of the Board of Education it is demonstrated that activities of the school personnel would be advantageous for the purpose for which the schools are set up, the Board may rent facilities, other than those already designated in the regularly prescribed rental schedule, for a fair and equitable price of such facilities as they may so determine.

408

[Adopted 2/12/79]

Employees Acting as Agents

No board member or school employee shall act as an agent in the sale of any equipment, commodities, supplies, or insurance to the school district or to school students when it involves a school sponsored activity, except that farm products which are produced by an employee may be purchased directly from the employee by the School Lunch Division at the current wholesale market price.

410

[Adopted 2/12/79]

Physical Examinations

All school employees shall furnish to the school district a medical examination the first year of their employment and on such subsequent occasions as required by state law or state regulation or requested by the Board of Education. Except for the examination required in the first year of employment, the cost of these examinations requested by the Board will be borne by the Board. Employees who fail to submit such examinations shall forfeit their right to benefits under the sick leave provisions of the Board and the Board may terminate the services of the employees who fail to comply with this requirement.

When an employee is found to have a communicable disease, he shall upon recommendation of his doctor, be suspended until such time as his doctor recommends reinstatement.

Bus drivers, cooks, and custodians will be required to furnish Daggett School District a medical examination on an annual basis.

411

[Adopted 2.12.79]

[Revised 9.9.98]

Tuberculin Testing

All employees of Daggett School District are required to have a tuberculin test upon being hired and subsequently every five years. Employees who have a positive tuberculosis reaction, a history of a positive reaction, or a history of active tuberculosis are required to have a chest x-ray at hire and every five years thereafter.

Bus drivers, food service workers and custodians are required to have a tuberculin test or chest x-ray at the beginning of each school year. Written results of the tuberculin screening must be reported by a health care provider to the district within thirty days of the first day of school.

Chest x-rays can be taken at the Utah hospital of choice. Either the written report of the x-ray by the radiologist or the film negative is to be sent to the doctor of the employee. The physician must read the report or film and send a letter to the district reporting negative or positive results. The physician must return film negatives to the respective hospital.

Tuberculin PPD screening may be performed by the school nurse at no cost. The cost of chest x-ray is the responsibility of the employee.

When an employee is found to have a communicable disease, he/she shall, upon recommendation of the doctor, be suspended until such time as the doctor recommends reinstatement.

412

[Adopted 2/12/79]

[Revised 5/12/80]

[Revised 1/3/90]

[Revised 4/8/98]

Employment of Substitutes

Arrangements for substitutes shall be made by the principal of the school in all cases with the exception of the employment of substitute drivers. Arrangements for substitute drivers will be made by the superintendent or by his assistants. In no case shall employees make arrangements for the employment of their own substitutes without having been given specific authority to do so.

Schedule for substitutes’ salaries:

$5.88 per hour - less than a degree teacher

$6.75 per hour - certified teacher

$7.49 per hour - beginning the sixth consecutive day of substitution for one teacher

The superintendent will be given the responsibility for salary negotiations for a full time substitute.

414

[Adopted 2/12/79]

Reporting Employee Absences

Absences of employees shall be reported to the Board of Education Office by the school principal at the time specified and on the forms provided by the district administration except that absences of bus drivers will be reported to the superintendent and business administrator.

In case of the absence of an employee who has more than one supervisor, he should notify both supervisors.

416

[Adopted 5/12/99]

[Revised12/8/99]

[Revised 5/9/01]

[Amended 6/12/02]

Early Retirement Incentive Program

Eligibility under this program is not restricted by age but solely by years of service in Daggett School District. This program is independent of the Utah State Retirement System.

Eligibility: Eligibility is restricted to those employees with ten or more years of service in the district and who qualify under the state retirement system for benefits. Except any employee who has been placed on probation or notified of suspension or termination of contract in the year of application for early retirement. An eligible employee may participate for a maximum of five years, or until the employee becomes eligible to receive unreduced old age insurance benefits under the Social Security Act, 42 U.S.C. 401 et seq., whichever occurs first.

Letter of Intent: A letter of intent to retire early must be submitted to the superintendent no later than March 1, preceding the school year of intended retirement.

Benefits: Certified personnel who have qualified for benefits under the state retirement system shall receive fifty percent of the difference between the Bachelor’s Lane one step one and the lane and step that the employee is on at the time of early retirement.

Benefits to classified personnel are half of the difference between their present hourly salary and the beginning hourly wage for their respective positions. [Because such a wide variance exists in the differences between positions a minimum amount will be calculated by rank ordering the differences between the various positions and using the median amount as a minimum].

Employees who qualify for early retirement benefits under this policy shall be paid, as salary, fifteen percent of unused sick leave up to 150 days. For example: an employee accruing 220 days of sick leave over his/her career would be compensated as follows: 150 days X .15 = 22.5 days X current daily salary rate. Any accrued sick days beyond 150 days will not be compensated for upon retirement.

Twelve month employees who qualify for early retirement under this policy shall be paid for unused annual leave at the employee’s current daily salary rate.

Method of Payment: Compensation will be paid monthly beginning in September.

Health Insurance: The Board of Education shall continue carrying the group health insurance on the employee, up to a couple rate, while the employee is on the Early Retirement Incentive Program, for a maximum of five years or until the employee becomes eligible for Medicare, whichever occurs first. After this period, coverage will be discontinued.

If the insurance vendor establishes a rate for retired employees that is higher than the rate for active district employees, the difference in cost will be borne by the retiree.

Benefits End at Death: All benefits under this policy will terminate thirty (30) days after the death of the retiree.

Pro-rated Benefits: Employees who are employed less than full time will receive these benefits on a pro-rated basis according to the percentage of full-time employment.

Disability Retirement: These benefits do not apply to any person retiring under the disability provisions of the Utah State Retirement Act.

418

[Adopted 2/12/79]

Attendance at Conferences or Workshops

Employees of the district are required to attend workshops, conferences, and institutes which are called by the Superintendent for the purpose of improving the efficiency of the district school program. Failure to attend conferences or workshops which are called by the Superintendent shall be considered as absence from work and deductions from pay shall be made accordingly.

No allowance for meals will be made to any district employee working within the district.

419

[Adopted 5/8/96]

Personnel Selection and Hiring

The Board of Education has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Board assigns to the Superintendent the process of recruiting staff members. In carrying out this responsibility, the Superintendent will involve various administrative and teaching staff members as needed.

All personnel selected for employment must be recommended by the Superintendent and approved by the Board.

To aid in obtaining the best available staff members for our schools, the Board adopts the following general criteria which shall be utilized in the selection process for initial employment.

1. No candidate may be discriminated against because of age, sex, creed, race, color, religion or national origin.

2. Candidates for junior high/high school positions should have a teaching major, minor, or an endorsement in the subject assigned to teach. Candidates for elementary assignments should have the proper endorsement[s] for their assignment.

3. Candidates for teaching positions should provide evidence of meeting the state requirements for certification and endorsement in their teaching field prior to ratification of teaching contract by the Board of Education.

The employment of any staff member is not official until the contract is approved by the Board and signed by the candidate.

The employment sequence shall be as follows:

1. The verbal offer of employment to the candidate.

2. Verbal acceptance by the candidate.

3. A contract is tendered to the candidate, is signed by the candidate and returned within 10 working days to the district office.

4. The contract is presented at the next board meeting to the Board of Education for ratification and signing by the legal officer of the Board.

420

[Adopted 2/12/79]

Issuing Contracts

Except where specified by law, the date for the issuing of contracts will ordinarily be considered as April 1. The Board of Education may, however, at its own discretion delay the issuing of contracts until such a time as they may determine. Employees who have reached a definite decision, prior to contract time, to terminate employment with the Daggett School District should notify the principal and the superintendent of schools in order that satisfactory replacements can be found.

422

[Adopted 2/12/79]

[Revised 10/11/96]

[Revised 10/14/98]

[Revised 12/13/00]

Release from Contract

The employee enters into contract with the district in good faith and with full intention of completing its terms and conditions. The contract may be broken only by mutual agreement of the parties concerned.

Employees wishing to be released from contractual obligations late in the Summer places the district in a tenuous position of having to hire replacements from a diminished pool of applicants and a possibility of having to start school without being fully staffed. Additional expenses associated with recruitment of key personnel i.e., administrators, teachers, librarians, counselors, supervisors, and directors necessitate a fee to be paid to the district by any staff member under contract in any of the above named capacities if released from contract by the Board of Education pursuant to the following schedule:

The sum of $500.00, if release from contract is requested after July 1, but before July 15 of the contract year; or,

The sum of $750.00, if release from contract is requested after July 14, but before July 30 of the contract year; or,

The sum of $1000.00, if release from contract is requested after July 29, but before August 14 of the contract year; or,

The sum of $1250.00, if release from contract is requested after August 15 of the contract year.

424

[Adopted 2/12/79]

The Normal Working Week

Because of the diverse nature of responsibilities, actual working hours must be scheduled by employees with the supervisor in charge of their work. In general, full time employees will be expected to work 40 hours per week.

426

[Adopted 4/9/85]

[Revised 10/89]

Purchasing Policies & Procedures

It is the policy of the Daggett Board of Education to be in compliance with the new state compliance audit guide as described in Senate Bill 17 and the State Auditors recommendations for good management practices.

The business administrator is the official purchasing agent for the Board and all purchases of materials, supplies, and equipment with School District funds shall be approved by the superintendent and made by the purchasing agent unless specific permission is granted to other employees to make such purchases. The following regulations shall govern the purchase of supplies, equipment, and services in the Daggett School District:

1. All purchases shall be made through state bid when appropriate (available).

If state bids are not provided for materials to be purchased. Purchases involving the expenditure of $2,500 or more shall be made through sealed bidding procedures, after approval of the Board. Oral or telephone bids may be made when sealed bids are not practical. Oral or telephone bids will be made for purchases of items costing between $500 and $2,500.

2. When sealed bids are called for, specifications for bids shall be provided in writing and notice of call for bids published in ample time to allow all interested suppliers the opportunity to prepare and submit bids at the specified time and place. Where oral or telephone bids are called for, documentation of specifications shall be made in advance. Every reasonable effort will be made to contact as many qualified bidders as practical (not under three unless three suppliers do not exist.) Documentation of those contacted and their bid (including declination to bid) shall be made.

3. Specifications shall be stated in such a way that supplies, equipment or services furnished, will meet minimum standards for efficiency and long-range economy, and unless a specific product is desired, shall not limit bidding to the products of a single manufacturer or supplier, nor shall they exclude an interested supplier from bidding products or services which will meet minimum standards.

4. The awarding of bids shall be on the basis of price and quality of products or services being bid without undue regard to the residence or other personal qualifications of the bidder. The Board of Education shall reserve the right to reject any or all bids for cause.

5. All bids shall be confidential and no modification of any bid shall be allowed following bid receipt.

6. Sealed bids shall be opened in public, at a time and place which has been previously advertised, with all interested bidders invited to be in attendance. Bids not arriving at the office of the Board of Education by the specified time shall be returned to the bidder unopened.

7. At the conclusion of sealed bidding procedures and as soon as decisions have been reached by the Board of Education the successful bidder shall be notified, at the first practical opportunity. If other bidders request information concerning bids, they shall be informed.

8. It is the policy of the Board that product received or work completed by successful bidders shall be approved by the superintendent or his designee before final payment shall be made.

RECORD KEEPING

1. Receipts

Receipts issued by the school district for money received by the district should be pre-numbered, and all receipts, including those voided, should be accounted for. If receipts are not issued, evidence of payment must be appropriately recorded and verifiable.

2. Expenditures

All expenditures should be paid by check. Pre-numbered checks should be used, and all checks, including those voided, should be accounted for.

In the absence of a separate clerk treasurer position, these functions are combined and the business official performs both functions. In this situation the business official and the superintendent assume the internal control functions. By necessity the following procedures must be followed.

The superintendent must control all transactions of the district:

TRANSACTION PROCEDURES

1. Every contract and purchase order should be authorized and signed by the superintendent.

2. All journal entries and adjustments to accounts receivable should be authorized by the superintendent.

3. All investment transactions should be reviewed and approved by the superintendent.

4. All sales and securities should be approved by the superintendent.

5. All vouchers presented to the board will be authorized by the superintendent.

GENERAL OPERATION

PURCHASING OF SUPPLIES OR SERVICES

All purchases of school supplies, equipment, and services will be initiated by requisitions signed by the school principal or district-assigned supervisor and approved by the superintendent. All purchases will be made by purchase orders signed by the superintendent.

PURCHASE ORDER AND PAYMENT PROCEDURE

A. Requisitions

1. When supplies or services are to be ordered, a requisition must be prepared in triplicate by the principal of the school or district official responsible for requesting the supplies or services.

2. White and pink copies go to the superintendent, who, upon approval, initials the white requisition and delivers both copies to the business official.

3. The yellow copy remains with the school or district official who initiated the requisition for comparison with the purchase order when issued.

B. Purchase Orders

1. The business official will prepare purchase orders in triplicate. The information entered on requisition purchase orders must show:

a. Quantity ordered

b. Unit

c. Description of articles

d. Unit price

e. Amount (firm price if known or estimated price if not known)

f. Account classification number inserted in appropriate space

2. All copies of purchase orders will be presented to the superintendent for signed approval, then returned to the business manager for processing.

3. Action taken by the district will be inserted on both copies of the requisition (in the appropriate space), and the pink copy will be returned (along with the pink copy of the purchase order), to the school principal or district official who initiated the requisition. Upon receipt these copies will be fastened to the yellow copy of the requisition to indicate that goods or services have been ordered.

4. The white copy of the purchase order will be mailed to the vendor.

5. The yellow copy will be retained by the business official as an encumbrance record which will be attached to the front of the white requisition.

6. The following procedure will be observed for filing purchase orders. The business official must immediately file each yellow purchase order (with the white requisition form attached) in a file folder labeled with the appropriate account (maintenance, etc.).

7. The pink copy of the purchase order for district purchases is to be filed in numerical order. Special purchase orders may be kept together in a separate file as a special account, Chapter I, Special Ed., etc.

C. Open Purchase Accounts

1. Open purchase orders only

a. Vendors: All vendors accepting open accounts must have an open purchase order signed by the superintendent on file.

b. The P.O. is issued for one (1) month only. The P.O. is issued for a given month “not to exceed a given amount.”

c. Persons purchasing through an open account must sign for receiving goods. receiving receipt must be attached to the P.O. When the P.O. is filled it should be presented to the business manager for payment. A non filled P.O.may be presented to the business manager for payment.

d. No voucher will be approved paid without proper backup documentation.

D. Invoices

1. Invoices must be supplied by the vendors at least in duplicate--triplicate in the case of special accounts.

a. One copy of the invoice must be placed in the vendor file folder immediately upon receipt. Make this notation on the invoice: “Copy sent to

(name)_____________________(date)_______________.”

b. A person receiving goods or services must acknowledge receipt by verifying his receiving record with the invoice and purchase order and making the following notation on the face of the invoice: “Received (date)___________by (name)___________.” The invoice must then be sent immediately to the business official for payment.

c. Upon receipt of the invoice with the receiving record, the business official will withdraw the original invoice with the applicable requisition and purchase order the vendor’s file, verify the extensions and footings, and set up the invoice for payment. All vouchers presented to the board for payment will be reviewed by the superintendent. Vouchers without appropriate audit trail as described above will not be paid.

d. Upon payment, a duplicate copy of the voucher will be attached to the front of the invoice bearing the receiving record and the purchase order and requisition. These documents remain attached for future audit.

E. Back Orders

1. If any goods appear on the vendor’s invoice as being back-ordered, then the items received are noted on the original purchase order and a photostat copy of the purchase order is made and returned to vendor’s file to await the future shipment. The original purchase order is attached to the first invoice received.

2. The amount of the partial invoice must be deducted from the total amount of the order on the photostatic copy to indicate the amount of the remaining encumbrance.

F. Follow-up

A few days before the final payment date, the vendor’s file must be examined for any copies of invoices not yet returned with receiving information. Contact should be made to determine whether or not goods have been received.

Travel Authorization

1. All travel authorizations must be initialed by the individual making the request and signed by the school principal or district official responsible for requesting travel, and approved by the superintendent.

2. NO district travel will be approved unless the above procedure is followed. This includes:

a. District-owned buses

b. District-owned passenger vehicle

c. District-owned pickup

If a bus or pickup is to be driven outside the district for any reason (repairs, supplies, etc.), travel authorization must be processed and approved.

3. All approved travel authorizations will be processed by the business official.

4. Leave of Absence

a. All requests for any type of leave of absence must be processed in the same order as described under “Purchasing” and “Travel.” The proper form must be initiated by the person requesting leave, signed by the principal of the school or the district-assigned supervisor, and approved by the superintendent of schools.

b. All approved leave requests will be processed by the business official.

(Note: The above procedures may appear burdensome and unnecessary to some. However, audit standards must be adhered to and these procedures are recommended by the State Auditor as “minimum standards.” We are open to suggestion and will consider modification as long as standards can be complied with.)

5. Maintenance Requests

A. All maintenance work within the district must be requested through the school principal. The request must be initialed on a maintenance request form.

B. Maintenance requests must be filled out in triplicate form. The information entered on the request form must show.

a. Date of request

b. School requesting service

c. Person requesting service

d. Description of service

e. Estimated cost of materials

f. Estimated cost of labor

g. Equipment use if applicable

C. The request must contain the proper signatures:

a. Building principal or district official who initiated the request

b. Request is then routed to the superintendent for approval

c. Request is then routed to business official for proper processing

1. White Copy returned to superintendent and placed in notebook for appropriate record keeping.

2. Yellow Copy to maintenance for date time of project.

3. Pink copy returned to originator.

4. All copies should have an approximate starting date recorded in the lower left under “reason.”

5. When project is completed, maintenance should provide accurate costs and return the pink form to the district office for encumbrance record.

430

[Adopted 2/12/79]

[Revised 6/10/98]

Released Time for Religious Instruction

In the conduct of the public secondary school program as it relates to the practice of releasing students from school, at the request of parents, for the purpose of attending classes in religious education, the State Board of Education has authorized released time with the following suggestions in order to avoid the use of public funds or property for sectarian religious instruction and also an undesirable and unconstitutional “co-mingling” of the activities of the church and state.

POLICY

1. Under no condition should religious education classes (so-called released-time classes) be permitted to be held in school buildings or on school property.

2. No student should be permitted to leave the school grounds during the school day to attend released-time classes, except upon the written request of the parent or guardian.

3. No student should be excused from school, even upon the written request of the parent, at a time when he should be in attendance at a regular class of the school for which credit is normally required for graduation or to complete the required course of study.

4. When a student is given permission, upon request of the parent, to leave the school grounds to attend a class in religious education, the school should not keep records of his attendance at such classes or use the school personnel or organization to regulate such attendance.

5. Records of attendance at “released-time” classes, grade marks, or other data should not be included in the school reports to parents.

6. Teachers in released-time classes are not to be considered as members of high school faculties or to participate as faculty members in any school function.

7. Schedules of classes for high schools or registration forms of the school should not include schedules of released-time classes.

8. No school publication should include pictures, reports, or records of functions of released-time classes.

9. Public school administrators should not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program, which would result in a “co-mingling” of the activities of the two institutions.

10. Because of the difficulty encountered in scheduling and in view of the problems encountered when students are absent from regular class instruction, elementary students will not be released for religious instruction during regular school hours.

434

[Adopted 8/9/83]

[Revised 11/12/85]

[Revised 7/10/91]

[Revised 4/9/97]

Authorization, Reimbursement and Cost Effectiveness of Travel

No employee will be reimbursed for travel unless such travel shall have been approved in advance by the superintendent of schools or the Board of Education. The Board must approve, in advance, the types of travel the superintendent is authorized. All other types of travel or out-of-state travel must be approved on a case-by-case basis.

All district employees will be committed to utilize district-owned vehicles for travel, which is required by or compensable by the district. All activities requiring a vehicle (including travel within the district, driver’s education, maintenance, busing, etc.) will be planned and coordinated to provide maximum availability and effective use of district owned-vehicles. The district will select that vehicle, or combination of vehicles, which will yield the lowest cost of transportation practicable (considering all costs, including wages, substitutes, meals, etc.).

District vehicles will be used only for official business. When personal vehicles are used for authorized district business, only necessary mileage will be compensable.

District employee’s mates will be allowed to accompany their spouses in district vehicles when excess passenger space in available. Such accompanied travel shall be excluded if district insurance does not cover any added liability. In those instances where a district vehicle cannot be provided and it is to the district’s advantage for an employee to utilize a personally owned vehicle, reimbursement shall be made at current IRS allowable rates. If a district vehicle is available for travel and the authorized traveler(s) choose(s) to utilize a personal vehicle in its place, the use will be considered to the advantage of the traveler(s). In this case, reimbursement shall be at the rate of .10¢ per mile. If a four-wheel drive vehicle is required, the rate will be .30¢ per mile.

By mutual consent, two or more travelers who are authorized to travel to the same destination, may agree to utilize more personal vehicles than needed and receive an amount equally divided among them. The amount received (the aggregate total) shall not exceed current rates, for actual necessary mileage, times the number of district-owned vehicles otherwise necessary to accommodate them.

Employees are expected to secure reasonable accommodations for the least cost to the district. Reimbursement for in-state travel will be at a per diem rate of up to $60.00 for lodging and $26.00 for meals.

Unless travel includes an overnight stay, only the cost of meals will be claimed. The following rates will be used to cover the expense of meals:

Breakfast $6.00

Lunch 8.00

Dinner 12.00

435

[Adopted 5/13/98]

[Revised 3/14/01]

[Amended 6/12/02]

Student Travel and Transportation/Field Trips

1 PURPOSE

1.1 To provide opportunities to enhance the quality of a student's educational experience.

1.2 To provide unique opportunities that can be achieved only through extended travel.

1.3 To Insure safety and enrichment of the travel experience through careful planning.

2 PHILOSOPHY

2.1 Extended Travel

It is the philosophy of Daggett School District to insure meaningful extended travel experiences that provide equity in the opportunity to travel for both curricular and extracurricular programs. Students, teachers, parents and school administrators shall consider the following as they plan meaningful extended travel experiences.

2.1.1 Extended travel requests shall recognize different types of individual and group activities within the school setting, particularly in the high school.

2.1.2 Extended travel requests shall be considered from elementary schools when the following standards have been satisfied:

(a) The request shall be from a program endorsed by the building principal.

(b) The program is an extension of, and integral to the academic core, or;

2.1.3 Extended travel requests shall reflect the school's educational and behavioral objectives.

2.1.4 Extended travel shall be allowed only when it is demonstrated that the trip is of such value to students that the infringement of the trip on other classroom instruction justifies the time lost.

2.1.5 Extended travel shall not be used as an incentive or reward for participation in activities. Schools may encourage and motivate individuals and groups by properly placing trips in the total curricular structure.

2.1.6 Schools shall effectively manage the process through which a group engages in preparation for extended travel - including the personal preparation, the practicing, the fund raising projects, and the participation in benefits and concerts, recognizing that the process may be as educationally rewarding as the trip itself.

2.2 Student Travel, Transportation, and Field Trips

It is the philosophy of Daggett School District that school buses or insured commercial transportation are the preferred choices for all activities involving student travel and that such travel be consistent with section 4.8 and 4.9 of this policy.

3 DEFINITIONS

3.1 "Athletic" means any athletic team or individual competing in an athletic event that is sponsored by the Utah High School Activities Association (UHSAA). Examples are basketball, football, volleyball, track, drill team, and baseball. Those organizations under the umbrella of the UHSAA such as debate and music are not considered athletic teams or organizations.

3.2 "Board" means the Board of Education of Daggett School District.

3.3 "Host Sponsorship" means a sponsoring agency, group, or individual, who extends an invitation to an individual, group, team, or organization for the purpose of competing, performing, touring, or participating in an event.

3.4 "Non-athletic" means any individual, group, or organization that is not considered an athletic team. Examples are cheerleaders, debate, science club, choral groups, bands, and other non-athletic organizations.

3.5 "Team Camp" means any camp promoted by or associated with the school in which school groups, organizations, teams, or potential members of a team attend a camp with coaches or advisors from the school for the purpose of team preparation or instruction.

3.6 "Student Travel" means an Instructional Field Trip, Extra Curricular Travel or Extended Travel.

3.6.1 An Instructional Field Trip is a planned visit outside the school taken by students, under the supervision of a teacher or other school official, to enrich and extend the classroom instructional program. Field trips provide a link between the school and the community, and assist the school staff in relating the ideas and theories of the classroom to practical applications.

3.6.2 Extracurricular travel is travel outside the school taken by students, under the supervision of a teacher or other school official, in support of academic/athletic teams, performing groups, or other extracurricular activities sanctioned by the UHSAA or the Board of Education.

3.6.3 Extended travel is to include travel during the summer or when school is not in session (e.g., team camps). It is an instructional field trip or extracurricular travel which requires district approval pursuant to this policy involving circumstances, not limited to one or more of the following:

(1) Overnight trip, including within the state unless the destination is less than 100 miles from the district;

(2) Missed school day(s);

(3) Student fund raising;

(4) Financial cost to students;

(5) Travel regulated by the Federal Department of Transportation (DOT);

(6) Travel out-of-state;

(7) Team camps as defined in this policy (Definitions 2.5).

Instructional field trips or extracurricular travel that is not overnight does not fall within the definition of extended travel.

4. POLICY

4.1 Criteria for Extended Travel

The district will not assume any liability for extended travel which is not pre-approved by the superintendent's office. Such travel is prohibited and is a violation of district policy.

4.1.1 Extended travel shall not be approved that:

(a) is primarily recreational or rewards for accomplishments, such as trips to amusement or theme parks;

(b) requires more than three (3) days absence from school;

(I) a student shall not miss more than three (3) consecutive days of school.

(d) is judged to be hazardous;

(e) requires participation as part of a course requirement or for which there is a grading penalty for students who choose not to go on the trip.

4.1.2 Extended travel shall be considered when the following criterion are met:

(a) The trip shall be part of a planned sequence of educational activities and make a contribution to the accomplishment of specific objectives for the course of study or the activity.

(a) A student shall meet all district and school eligibility requirements.

(a) Teachers, advisors, administrators and others acting in the capacity of chaperons/supervisors of students in an extended travel activity, which has been approved pursuant to this policy, may accept lodging, per diem and fare payments or mileage reimbursements in connection with their supervisory assignment. Parents, guardians, relatives or other persons who voluntarily join the activity must pay all costs associated with their participation. The costs incurred by those acting as chaperons/supervisors for souvenirs, side trips or other activities ancillary to the student itinerary, shall not be paid by students or reimbursed to the individual unless approved by the principal. The time spent by teachers participating in field trips or extended travel activities shall not be rewarded with salary compensation, class participation, credit, or grades. Teachers, advisors and administrators may solicit student participation in field trips and extended travel activities only in the manner authorized by this travel policy.

(a) All requests for group travel require approval of the superintendent's office or designee.

(a) All transportation shall be by district school buses or insured commercial transportation unless an exception is approved by the superintendent's office.

(I) Travel to, at, and from destination shall be detailed in the trip application.

(II) Requests for exceptions to use of district school buses or insured commercial transportation shall be explained in the extended trip application.

(a) Travel must be consistent with UHSAA moratorium requirements.

4.1.3 Exceptions to Superintendent's Approval

The following groups require approval of the school principal prior to travel, however, they do not require the approval of the superintendent's office, pursuant to this policy. They must, however, comply with the requirements of this policy.

(a) FBLA

(b) FFA

(d) History Fair

(e) Science Olympiad

(f) Spelling Bee

(g) Travel which is part of the UHSAA region or state sponsored competition.

(h) Other programs or academic core curriculum competitions approved as per section 3.1.2 and 3.1.2 (a).

4.2 The Process for Approval

4.2.1 Invitations or plans for extended travel with student groups shall first be discussed with the school principal.

(a) Students shall not be involved in making formal travel plans for extended travel until the request has been approved by the principal.

(b) The request shall include information on cost, destination, and days away from school.

4.2.2 Each group shall have a disclosure statement signed by each student and the student's parent or guardian acknowledging the expectations and guidelines of the trip.

4.2.3 Approval of the superintendent's office or designee, shall be obtained before raising funds for the trip or making any financial commitments.

4.2.4 The superintendent's office or designee, shall receive requests for all trips that can be logically anticipated during the school year.

(a) Principals shall submit requests using the approved district form.

(I) No request shall be considered without full information.

(II) All requests shall include official travel costs, airfare costs, hotel costs, and the cost to each student for any incidental or additional activities (theme parks, etc.).

(b) After receiving approval, and travel plans change (including such changes as the

destination, date or purpose of the trip), the request shall be resubmitted to the superintendent's office for approval.

4.3 Extended Travel Authorization

4.3.1 Requests for travel authorization for an organization shall be submitted to the school principal.

4.3.2 Extended travel approval for an athlete or an athletic team to compete in an athletic contest, except the regular region and state UHSAA sponsored competitions, requires;

(a) information provided that the requirements of this policy have been met; and

(a) the sponsor of the event shall be approved and sanctioned by the UHSAA.

4.4 Planning by Teachers and Students

Programs and activities for students shall be organized and directed to encourage participation in adjacent areas. In essence, travel by student groups shall largely be within the State of Utah, Planning and evaluation of a field trip shall consider the following;

4 Groups within a school should be self-limiting in their requests for extended travel involving school time and trips should only be made when educational purposes cannot be fulfilled in any other way.

(a) Planning by the Teacher:

(I) Trip is timely and scheduled as part of a planned sequence of educational activities.

(II) Plans are discussed with the principal.

(III) Transportation and other approval forms are completed.

(IV) Approval is obtained before raising funds or publicizing the trip.

(V) Resource persons to be used at the site are identified, and their participation is confirmed.

(VI) Chaperons are identified and briefed.

(VII) Parental permission forms, including authorization for travel, are completed.

(VIII) Physical arrangements, such as for rest stops, and food are made.

(IX) The school shall retain all travel authorizations until the end of the school year.

(b) Planning with Students:

(I) Purpose of the field trip is discussed.

(II) Information to be obtained and things to be observed are planned.

(III) Safe conduct and appropriate dress are reviewed.

(I) Parents shall be informed of the expenses, date(s), destination(s), and mode(s) of transportation for each field trip or for a series of field trips.

(II) Each participating student shall obtain travel authorization signed by a parent or guardian.

(d) One teacher or advisor shall accompany each class or group of students.

(I) Additional adult chaperons shall be provided on the basis of one adult per ten (10) students.

(II) The number of chaperons needed shall be determined by the ages of the students and the nature of the trip.

4.5 Financing Extended Travel

All plans to raise finances for extended travel shall have the approval of the school principal.

4 All money shall be collected and disbursed according to district accounting procedures.

4.6 Travel Plans

4.6.1 Parents or guardians shall be made aware of the plans as soon as possible following district approval.

4.6.2 The school shall obtain parent's written permission for their student's participation.

4.6.3 The adults who accompany the students shall be aware of the plans and, where necessary, should be capable of carrying on if the leader should become incapacitated.

4.6.4 The "buddy" system and "squad" system of student responsibility shall be organized for all excursions.

4.6.5 All students and their parents or guardians should agree to and discuss standards of safe and considerate conduct and responsibilities for everyone concerned with the trip.

5 Each student should have identification listing name, home address, telephone number, and business address and telephone number of one parent. This information should be available to the responsible adult chaperon.

4 An all-inclusive, hour-by-hour itinerary, (including free time) should be prepared for both students and their parents or guardians.

4.6.8 Students with known physical problems must make the instructor and the adult chaperon aware of their condition and the prescribed medication.

5 Insurance Coverage

Parents shall assume responsibility for appropriate insurance coverage. All students and their parent/guardian shall complete all necessary forms prior to the extended travel.

4 Transportation of Students

4 Under no circumstances shall students be officially authorized, required, or in any way encouraged to drive other students to school classes or activities. No student shall be authorized to act as an agent driver for the district. In those situations where students are required to provide their own transportation to classes and/or school activities this requirement should be included in the course description and other appropriate information for parents. Parents and guardians must be informed of this requirement and sign a statement that they have been so notified, agree to the same, and understand this dimension of their student's participation in the class/activity.

In these cases, students should be informed that it is their responsibility to arrange for their own transportation. Under no circumstances should teachers, counselor, coaches, or any other representative of the school or district attempt to mandate car pools or other groupings that may imply that the student driver is an agent for the district.

4 No one under the age of twenty-one (21) should be authorized to transport students.

4.8.3 District or commercial vehicles with a seating capacity of eleven (11) or more, including the driver, may not be used for the transportation of students unless the vehicle meets the federal school bus safety standards (49 U.S. C. Sec 30101). Rental and private vehicles may not be used for school activities if they have a capacity of more than nine (9) passengers including the driver.

4.8.4 The driver of any vehicle used to transport students must ensure that all items in the vehicle are properly secured so that they do not come loose in the case of a sudden stop or accident. Seat belts must be worn at all times by all the occupants if provided.

4.8.5 Adult drivers of private or rental vehicles who provide transportation for students from school to approved school events, including field trips and extracurricular activities, must complete a Travel Request form with all of the required information. Drivers can be either a parent/guardian of a student participating in the activity or a coach, advisor, instructor, or other adult twenty-one (21) years of age or older. The driver must have liability insurance coverage, and may not drive if he has had a conviction in the past ten (10) years for an alcohol/drug related driving violation or more than two (2) moving violations in the last twelve (12) months.

4.8.6 Parents must give consent for students to be transported by an adult driver of a private or rental vehicle. Student passengers must have on file at the school a "Student Passenger in a Private or Rental Vehicle" form signed by their parent/guardian.

4 Background Check

State law (53A-3-401 (1)(a)) states that any volunteer who will be given significant unsupervised access to a student in connection with the volunteer's assignment shall be required to submit to a criminal background check as a condition of serving as a volunteer. This includes transporting students in private vehicles without a district employee being present. The procedures and standards established in the law shall apply.

436

[Adopted 2/12/79]

[Amended 8/9/83]

[Revised 6/10/98]

Workshops and Conventions

The Board recognizes the educational value to be derived from occasional attendance at national and regional conventions and workshops by school employees. Attendance at such conventions and workshops must be approved by the Board. Employees will not be granted permission to attend out-of-state conventions during the first year that they are in the employ of Daggett School District. Out-of-state travel shall be limited to participation in or attendance at conventions or programs which are sponsored by a recognized educational agency.

The schedule for reimbursement for out-of-state travel shall be by the least cost method (considering all costs) which is expeditious and practicable. It is expected that coach, plane fare will meet these criteria for more distant trips but it is possible (with shorter distances) that a district or privately owned vehicle will be more cost-effective.

439

[Adopted 2/12/79]

Community-Oriented Programs or Assemblies

Non-school organizations shall obtain special permission from the Board of Education to present special assemblies in the school. The regular school program shall not be interrupted or discontinued by any outside organization without approval of the Board of Education.

440

[Adopted 2/12/79]

[Revised 10/11/00]

Salary Payments

All certified and full-time employees will be paid in twelve monthly payments. Exceptions may be granted by the Board of Education.

Cooks, bus drivers, and other classified aides are paid in nine or twelve monthly payments.

444

[Adopted 2/12/79]

Computation of Salary for Teachers

Salaries shall be computed in accordance with schedules which have been adopted by the Board. Step on the salary schedule shall be based upon the years of teaching experience and degrees held.

1. One step for every nine months of accumulated teaching service or major fraction thereof.

2. Degree with proper certification.

3. Teachers on probation will not advance on the salary schedule until taken off probation.

4. Teachers on authorization will receive $200.00 less than certificated teachers. (May be waived by the Board)

445

[Adopted 3/23/61]

[Revised 5/8/96]

Principals’ Salary Schedule

Formula for determining principals’ salaries in Daggett School District.

FACTOR PERCENTAGE ALLOWANCE

1. Basic Salary Allowance: Principal is placed on current teaching salary schedule with appropriate step and lane.

2. Administrative Responsibility: Elementary School Principal - add 16 per cent of basic salary allowance, principals will work

194 days.

Secondary School Principal - add 30 per cent of basic salary allowance, principal will work 204 days.

3. Administrative Experience: Add 2.5 per cent of the basic salary allowance for each year of successful experience up to 5

years.

4. Professional Certificate: Add 2 per cent of the basic salary.

446

[Adopted 2/12/79]

[Revised 7/14/93]

[Revised 4/9/97]

Discipline in Schools and Prohibition of Corporal Punishment

The principal has the general responsibility for giving direction to the discipline program of the school. All teachers shall keep order and discipline in their classes. Students shall be treated with fairness and justice, but the teacher shall have the authority to take those measures within reason and within the limits of acceptable professional practice to maintain good order and discipline at all times. Where possible, pupils are encouraged to take responsibility in maintaining high standards of conduct through self-governance. All employees shall have the authority and responsibility to use reasonable measures to maintain disciplinary control when the students are under their jurisdiction. These rules shall apply at all school-sponsored activities.

53A-11-802 Prohibition of corporal punishment - Use of reasonable and necessary physical restraint or force.

(1) A school employee may not inflict or cause the infliction of corporal punishment upon a child who is receiving services from the school.

(2) this section does not prohibit the use of reasonable and necessary physical restraint or force in self defense or otherwise appropriate to the circumstances to:

(a) obtain possession of a weapon or other dangerous object in the possession or under the control of a child;

(b) protect the child or another person from physical injury;

(d) protect property from being damaged.

(3) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or permit the commission of an act prohibited by this part is void and unenforceable.

(b) An employee may not be subjected to any sanction for failure or refusal to commit an act prohibited under this policy.

447

[Adopted 2/13/95]

[Revised 4/9/97]

Student Conduct and /Disciplinary Procedures

Introduction

This policy is adopted by the board of Education of Daggett School District pursuant to UCA §53A-11-901 through 907. It is the intent of the Board to provide every student in the district with the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. The board has invited and received input from district employees, parents and guardians of students, and the community. The Board now adopts this policy, based on the principle that every student is expected to follow rules of conduct, and to show respect for others and to obey persons in authority at the schools.

Students should be aware that certain behavior, outlined herein and in other policies of the district, are unacceptable and will result in disciplinary action. The superintendent and his/her designees will enforce district policies with the aim to make students and their parents or guardians understand that unacceptable behavior will not be tolerated and will be dealt with in accordance with the Board’s discipline policies. UCA §53A-11-901.

Publication

A. A copy of this policy shall be given once to each student upon entering elementary, or high school and once to each new student in the school district. UCA §53A-11-903(2)(a).

B. A copy of this policy shall be posted in each school in the district. Any significant change in this policy shall be posted in each school in the district. UCA §53A-11-903(2)(b).

CHAPTER 1

I. The following conduct is prohibited on school grounds, in school facilities, at school related activities, and in school dispatched or funded transportation:

A. Loitering;

B. Profane, obscene, indecent, immoral or seriously offensive language and gestures;

C. Indecent propositions or exhibitions;

D. Wearing, possession, or display of clothing, apparel, bandannas, head gear, or jewelry bearing insignia, initials, names, symbols or any other emblem or writing which is gang related or represents gang affiliation;

E. Wearing or possessing electronic paging devices;

F. Use or display of gang signs;

G. Failing to provide proper identification upon request by school officials or teachers;

H. Aggravated assault;

I. Gambling;

J. Trespassing;

K. Intimidating and/or threats of violence;

L. Defacing through graffiti or other actions any part of a school building, grounds or property;

M. Participation in gang related activity;

N. Extortion;

O. Arson;

P. Theft;

Q. Any conduct or statements which disrupt the orderly educational processes;

R. Any conduct described as prohibited conduct under Chapter 2 of this policy.

II. Upon receiving a report of a student engaging in prohibited conduct, the principal or assistant principal will determine if the conduct falls within that conduct described in Chapter 2, Section I of this policy. If so, then the principal or assistant principal shall proceed immediately under the terms of Chapter 2. If not, then the principal or designee shall follow the procedures as outlined in Chapter 1 of this policy.

A. If the conduct demonstrates willful disobedience, or demonstrates open and persistent defiance of proper authority, then the matter shall proceed under Chapter 2.

B. A documented repeat violation of any of the above prohibited conduct, or two or more first violations of any combination of the above prohibited conduct, constitute conduct for which suspension may be imposed under Chapter 2, Section I. A-B If the principal or assistant principal determines that the conduct falls under Chapter 2, Section I. A-B., then the procedures of Chapter 2 of this policy shall be followed.

III. When it is reported that a student has engaged in prohibited conduct and the principal or assistant principal determines that the prohibited conduct is appropriately addressed pursuant to the procedures of this chapter (Chapter 1), then the following procedures shall be followed.

A. Upon receipt of a report of prohibited conduct, the principal or assistant principal shall conduct an investigation. The nature and extent of the investigation shall be at the discretion of the person conducting the investigation.

B. If after conducting the investigation, the principal or assistant principal determines that the prohibited conduct has occurred, he/she shall meet with the student and present the facts arising out of the investigation of the student. If the student admits the commission of the prohibited conduct or if the principal or assistant principal determines, after meeting with the student and hearing his/her side of the story, that the prohibited conduct did in fact occur, the principal or assistant principal shall impose a disciplinary action which is appropriate in the discretion of the principal or assistant principal. Such disciplinary action may include one or more of the following: (UCA § 53A-11-906)

1. Student-administrator/parent conference;

2. Complete safe school violation report;

3. Parent notification;

4. Placement on a remedial discipline plan;

5. In-School Suspension;

6. Detention;

7. Parent attending all classes with student for duration of suspension;

8. Shortened school day;

9. Suspension up to 10 days;

10. Disciplinary reassignment.

CHAPTER 2 SUSPENSION

I. Prohibited Conduct Resulting in Suspension.

A. A student may be suspended from school for participation in any of the following prohibited conduct when it occurs in a school building, in or on school property, in conjunction with any school sponsored activity, at school related activities, and in school dispatched or funded transportation, or when it occurs in the presence of or is directed at or against another student or a district employee.

1. confirmed willful disobedience or open and persistent defiance of proper authority;

2. willful destruction, injury or defacing of school property;

3. behavior, or threatened behavior, which poses an immediate and significant threat to the welfare, safety or morals of other students or school personnel or to the operation of the school. Without limitation, this provision is determined to specifically include sexual harassment;

4. the possession or control of a drug or controlled substance as defined in UCA §58-37-2, an imitation controlled substance as defined in UCA §58-37a-3, an alcoholic beverage, or a tobacco product;

5. acting or being under the influence of a drug or controlled substance, or of an alcoholic beverage.

6. the sale, or distribution of any tobacco product;

7. possession (regardless of intent) of a weapon. Weapon as defined in this section (Chapter 2.I.A.) shall include fireworks, knives with blades longer than 3”, or any other instrument which can be used to inflict or threaten serious bodily harm or any replica or facsimile of the above, whether functional or non-functional, whether designed for use as a weapon or for some other use.

8. possession of materials that include instructions on how to produce and manufacture weapons.

B. A student may be suspended if he/she is habitually disruptive and has failed or refused to completely comply with the student’s remedial discipline plan.

1. A “habitually disruptive student” is one who has caused a disruption in a classroom, on school grounds, in a school vehicle, or at school sponsored activities or events more than five times during a school year and whose behavior was initiated, willful and overt and required the attention of school employees to deal with the disruption.

2. When a student has caused his first disruption such as described in the preceding paragraph, the student’s principal or principal’s designee shall develop a remedial discipline plan to assist the student in altering his/her conduct and avoiding the occurrence of another disruption. The principal or designee will review the essential elements of the plan with the student at its implementation. When a student has caused a disruption such as described in the preceding paragraph, but the student is not yet habitually disruptive under the terms of this policy, the student may be disciplined under Chapter I UCA § 53A-11-904.

C. A student shall be suspended from school for participation in any of the following prohibited conduct when it occurs in a school building, in or on school property, in conjunction with any school sponsored activity, at school related activities, in school dispatched or funded transportation, or when it occurs in the presence of or is directed at or against another student or a district employee. Students’ participation in this type of conduct shall be referred to appropriate law enforcement agency*:

1. possession (regardless of intent) of a weapon. “Weapon” as defined in this section (Chapter 2. I. C.) is to include, without limitation, explosives, flammable materials, any firearm, knife (three inch blade or greater), martial arts instruments, or any replica or facsimile of the above, whether functional or non-functional, whether designed for use as a weapon or for some other use.

2. the sale, or distribution of a drug or controlled substance as defined in UCA § 58-37-2;

3. the sale, or distribution of an imitation controlled substance as defined in

UCA § 58-37b-2;

4. the sale, or distribution of drug paraphernalia as defined in UCA § 58-37a-3;

5. the sale, or distribution of any alcoholic beverage;

6. commission of an act involving the use of force or the threatened use of force which, if committed by an adult would be a felony or class A misdemeanor;

7. aggravated assault, arson and extortion.

II. Procedures for Suspension

A. When a student engages in conduct for which suspension is possible or required under Chapter 2 of this policy, the following procedures shall occur:

1. For the first offense;

a. If the conduct is described in Chapter 2 Section I.A. or I.B. of this policy, the principal or designee, at his/her discretion, may suspend the student for up to ten days, and in addition may recommend that the Superintendent suspend the student for up to an entire school year, or its equivalent imposed over consecutive portions of two school year calendars.

2. For subsequent offenses;

a. whether the conduct is described in Chapter 2 Section I.A., I.B., or I.C. the principal or designee shall suspend the student for ten days and in addition shall

* Elementary students grades PreK-5 are excluded from immediate suspension under Chapter 2 sec. I. C. above. After consultation with the Superintendent, the principal may follow procedures listed under Chapter I of this document. refer the student to the superintendent for suspension for an entire school year, or its equivalent imposed over consecutive portions of two school year calendars.

B. If a student is suspended for a period of time less than or equal to ten days, the principal or assistant principal shall immediately provide notice to the student’s parent or guardian. Notice shall, if possible, be given by telephone. If reasonable efforts to contact the parent or guardian by telephone are unsuccessful, then written notice shall be sent to the parent or guardian. The notice, whether verbal or written, shall include the following:

1. that the student has been suspended;

2. the grounds for the suspension;

3. the period of time for which the student is suspended;

4. the date, time and place for the parent or guardian to meet with the principal or assistant principal to review the suspension. This meeting shall be scheduled to occur as soon as is practicable, but in all cases prior to the end of the tenth day of the suspension.

If the principal or assistant principal has recommended that the Superintendent suspend the student for a period longer than ten days, the fact shall be included in the notice to the parent or guardian. The student shall also attend the meeting.

C. At the meeting with the student, the parent or guardian, and the principal or assistant principal, the student shall be informed of the charges and evidence against him. If the student denies the charge, he shall be given an opportunity to tell his side or the story. If the parent or guardian and/or the student fails or refuses to attend the meeting at the scheduled date, time and place, and reasonable efforts to contact them are unsuccessful, the principal or assistant principal shall mail notification to the parent or guardian describing the charges against the student and the evidence against him. Goss V. Lopez.

D. Upon the conclusion of the meeting or upon a determination that the parent or guardian has not appeared for the meeting, the principal or assistant principal shall take one of the following actions:

1. If the reported conduct is described in Chapter I or Chapter 2 section I.A. or I.B. and is a first time offense:

a. No further disciplinary action is imposed beyond the previously stated period of suspension.

b. An increase in the time of suspension up to a total of ten days.

c. An increase in the time of suspension up to a total of ten days, with a recommendation to the superintendent that the student be suspended for a period of time greater then ten days up to an entire school year or its equivalent imposed over consecutive portions of two school year calendars.

d. Rescision of the suspension already imposed and return the student to classes or impose disciplinary measures not including suspension.

2. If the reported conduct is described in Chapter 2 Section I.c. and is first time offense:

a. Suspension for an entire school year or its equivalent imposed over consecutive portions of two school year calendars.

b. Rescision of the suspension already imposed and return of the student to classes.

E. If the principal or assistant principal recommends suspension for a period greater than ten days, he/she shall notify the superintendent of that recommendation as soon as possible. The superintendent or his/her designee shall then schedule a hearing to be held with the student’s parent or guardian, the student and the superintendent or his/her designee. The hearing shall be scheduled to take place prior to the tenth school day of the students suspension unless agreed to otherwise by both parties.

1. The superintendent or his/her designee shall provide written notice of the date, time and place of the hearing to the student and his/her parent or guardian. The notice shall include a statement of the charges against the student, that suspension has been recommended beyond the ten day suspension imposed by the principal or designee, and the period of time for which suspension has been recommended.

2. The superintendent or his/her designee shall preside at and conduct the hearing at the appointed time and place. The district and the student may each be represented by a person of their choice. Each side may present witnesses, cross-examine witnesses and make legal arguments relevant to the issues.

3. The superintendent upon recommendation from or his/her designee, if applicable, shall make a final determination of the matter, and shall state, if a determination has been made, his/her determination to those attending the hearing. The determination, when made, shall be placed in writing and mailed to the student and his parent or guardian. If the conduct is described in Chapter 2 Section I.A. or I.B., and is a first offense, the determination shall be one of the following:

a. No further disciplinary action beyond the ten day suspension imposed by the principal or assistant principal.

b. Recision of the suspension already imposed and return the student to classes.

c. An increase in the time of suspension for a period up to an entire school year or its equivalent imposed over consecutive portions of two school year calendars.

If the conduct is described in Chapter 2 Section I.C., or a second offense under Chapter 2 Section I.A. or I.B., the determination shall be one of the following:

a. Rescision of the suspension already imposed and return the student to classes.

b. Concur with referral to suspend the student for a period equivalent to an entire school year, imposed as necessary over consecutive portions of two school year calendars.

III. Educational Services

A. If a student is suspended for more than ten days, the student’s parent or guardian is responsible to see that alternative educational services are provided to the student, and that such services satisfy the requirements of the state compulsory education laws.

B. The district will provide information to the parent or guardian to determine how the parent’s or guardian’s responsibility for educational services might be satisfied.

C. The district will maintain a record of all suspended students. For each such student under the age of 16, the district will contact the student’s parent or guardian at least once each month to determine the student’s educational progress. If the student’s educational progress is not satisfactory, the district may seek the cooperation of the Division of Family Services, the State Juvenile Court, and other appropriate agencies. UCA §53A-11-907.

IV. Review by the Board

A. A student and his parent or guardian may appeal the determination of the Superintendent to the Board of Education by filing a written notice of appeal with the Superintendent within ten days of the date the decision of the Superintendent or his/her designee is mailed to the student.

B. No further hearing will be held. The Board will review the evidence submitted to the Superintendent or his/her designee and the written determination of the Superintendent. The Board may affirm or modify the decision of the Superintendent. The Board’s written decision will be issued within thirty days of receipt of the student’s written notice of appeal. The student will remain under the suspension order throughout the duration of the review process until such time the board renders its decision.

V. Miscellaneous Provisions

A. A suspended student shall immediately leave the school building and school grounds following a determination by the parent or guardian of the student and the school of the best way to transfer custody of the student to the parent or guardian.

B. A suspension may not extend beyond ten days unless the student and his parent or guardian have been given reasonable opportunity to appear before the Superintendent or his/her designee for the hearing and respond to the allegations and proposed disciplinary action. UCA §53A-11-905(5)(c).

C. Each suspension decision shall include a re-admission plan addressing procedures for the return of the student to school and/or class at the end of the suspension and provision for an alternative program or change in placement at the end of the suspension if deemed appropriate by the district.

D. If, at the time of suspension, a parent or guardian cannot be contacted to take the student out of school, the student may be excluded from class but must remain at the school until the end of the school day. If the behavior of the student is, in the judgment of the principal or designee, harmful to himself or others, the principal should request assistance from the appropriate law enforcement agency to effect the student’s immediate removal from the school. Notice and hearing, as set forth in this policy, will follow as soon thereafter as practicable.

VI. Students with Disabilities

Students with disabilities who are educated pursuant to an individual education plan (IEP) may not be suspended for more than ten days or otherwise have their placement changed pursuant to this policy until applicable special education policy and procedures have been addressed.

SAFE SCHOOL POLICY

GLOSSARY

aggravated assault - An intentional force likely to produce death or serious bodily injury.

arson - The act of knowingly, by means of fire or explosives, damaging a building and/or the personal property of others.

assault - An attempt with unlawful force or violence to do bodily injury to another, or a threat accomplished by show of immediate force or violence to do bodily injury to another, or an act committed with unlawful force or violence that causes or creates a substantial risk of bodily injury to another. Threats to physical well-being of a student and his/her family both on and off, school grounds is also included. This definition is to include any activities that would be categorized as hazing.

assistant principal - an employee hired as an assistant to the building principal or employee designated by the building principal as the person in charge in his/her absence.

behavior remediation plan - a written plan developed by the school in consultation with the student to be disciplined and the parent which may include a variety of interventions meant to reduce or eliminate specific behaviors.

Board - The Daggett School District Board of Education.

criminal mischief/vandalism - Willful or malicious destruction or defacing of school property or the property of others.

disciplinary reassignment - Disciplinary action involving transfer to another room, school, or alternative school placement for a specified period of time.

extortion - Obtaining of money, information or personal property from another by coercion or intimidation.

felonies/class A misdemeanor - See Utah Code Sections 76-3-103 through 105.

fighting - Physical conflict between two or more individuals.

gambling - Two or more individuals engaged in illegal activities whereby stakes are set and money and or valuables are exchanged.

gang/criminal gang - Two or more individuals involved in activities contrary to the laws of the State of Utah, or this policy.

Gang activity/apparel - See administrative regulations in Addendum A attached hereto and made a part hereof.

graffiti - See criminal mischief.

In-school suspension - The student remains in school. All privileges are suspended; classes are not attended. The action may be recorded in the student’s folder. The student remains in a supervised location where work is provided, but regular school freedoms are severely limited.

intimidation - Engaging in behavior which prevents or discourages another student from exercising his/her right to education. Such prohibited behavior includes the use of threats, coercion, or force (to student for membership in any organization or group not authorized by the principal).

loitering - Occupying an unauthorized place on or near the school grounds, property, or activities.

parent(s) - Natural parents, foster parents, or legal guardians.

possession - Physical control over real or personal property.

school property - School buildings and lands owned by the school district, which include vehicles funded by the Board of Education, and any areas rented or leased by the school district and areas in and around any school sponsored event.

Sexual Harassment - See Policy 467, Sexual Harassment Defined

special education - specially designed instruction, at no cost to the parents or guardians, to meet the unique needs of a student with a disability including instruction conducted in the classroom, in the home, in hospitals, and institutions, and in other appropriate settings.

suspension - A mandatory interruption of attendance or participation in a specific school or program ranging from one day to a total of one school calendar year. Suspensions may span more than one school calendar year depending on when the offense took place.

theft - To obtain or exercise unauthorized control over the property of another.

trespassing - To enter or remain unlawfully on property.

violent act - See Assault.

Addendum A

STUDENT CONDUCT / DISCIPLINARY

REGULATIONS

I. Regulations

Administrative Regulations Regarding Gang Activity/Apparel.

Definition

Gang Activity / Apparel - Wearing or displaying the following gang or gang-related insignia, clothing, uniforms, colors, paraphernalia or other items identifying or representing gang membership or affiliation:

a. colored rags, bandannas or handkerchiefs;

b. clothing, hats, tattoos or marks displaying gang names, initials or nicknames identified by appropriate school and/or government official, including but not limited to:

21st Street Posse

TCG (Tongan Crip Gang)

c. clothing, hats, tattoos or marks displaying the name or logo of sports teams (i.e., Raider, Sharks).

448

[Adopted 2/12/79]

Fund Drives by Schools

Any organization which is in any way connected with the schools or which is attempting to raise funds for any school activity through any type of community fund drive must have such drives approved by the Superintendent in advance.

School fund raising projects may be approved by the Superintendent:

1. If they are judged to have worthwhile educational value for those who participate.

2. If they do not interfere in any way with the regular classroom procedure or if they do not have a derogatory effect upon teacher and pupil relationship.

3. If such drives do not result in competition with established businesses unless proper clearance has been received in advance from those affected.

4. If the drives are not of the nature of soliciting for direct contributions without the exchange of labor or goods.

5. If the money being raised is for worthy school purpose.

450

[Adopted 2/12/79]

[Revised 4/10/96]

Fiscal Policies for Flaming Gorge Elementary, Manila Elementary, & Manila High School

Each school shall have one bank account. Each school shall deposit its money as often as deemed necessary but not over $500.00 should be on hand at the elementary schools or over $1000.00 at the high school. All money received shall be properly receipted and documented and a permanent record kept for future reference.

Teachers collecting funds from students for book orders, shop projects, athletic supplies, fund raisers et cetera, will remit those funds to the school secretary for deposit into the school account. No clubs, student classes, or student organizations under the direction of Daggett School District may maintain separate bank accounts for those organizations.

No student, employee, or other person shall be allowed to borrow, give a post-dated check or an I.O.U. in exchange for school funds.

All disbursements shall be made by check. Copies of original invoices shall be marked paid with check number indicated and filed alphabetically. Two signatures shall be required on all checks issued from school funds. The school secretary and/or the principal shall be responsible for a monthly bank reconciliation and a financial accounting of each individual account showing receipts and disbursements. Financial accounting of individual schools shall be audited yearly by the business administrator of the district or independent auditor.

Meal allowances for student participants, advisors, and official school representatives will be limited to only those people actually participating in the activity as approved by the principal.

452

[Adopted 2/12/79]

Working Relationship Policy

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.

454

[Adopted 2/12/79]

Tort Liability

Daggett School District will carry an insurance, beginning July 1, 1966 which will cover all state requirements of state statute No. 63-30-28.

456

[Adopted 2/12/79]

[Revised 9/9/98]

Salary Change

Administrators or teachers who notify the Superintendent in writing by June 1, that they will receive a bachelor’s degree or a master’s degree during the summer will be placed on the salary schedule pertaining to the degree which they will receive.

A transcript of credits or written proof that this degree has been obtained must be filed in the Daggett School District office by August 30 or no raise will be given for that school year.

Lane Changes:

Credits used for lane changes may only be those earned after graduation and certification. Only upper division credit, or workshop credit approved in advance by the Superintendent of Schools may be used for lane change credit.

458

[Adopted 2/12/79]

Salaries of Teachers and Administrators Entering District

Teachers from out of district applying for a teaching position may be given experience up to the fifth step on the salary schedule without Board action. Board action is necessary if additional experience is granted.

Administrators may be placed on the salary schedule commensurate with their years of experience.

462

[Adopted 2/12/79]

[Revised 6/14/95]

[Revised 5/13/98]

Extra-Curricular Activity Salary Schedule

The following listed coaches and advisors will be paid a stipend for duties performed outside the regular school day. The amount of the stipend will be the indicated percentage of lane one beginning with step one of the current Teacher’s Indexed Salary Schedule. Every two years of coaching experience within the district will be awarded a step change on the salary schedule.

Coaches/advisors who are not employed with the Daggett School District shall receive a coaching stipend equal to 80% of that described above.

Sport/Activity Head Coach Assistant

Varsity Basketball 8% 4%

Freshmen Basketball 6%

Volleyball 8% 4%

Cheerleading Advisor 8%

Head Track HS & Jr HS 8% 3%

Baseball 5% 3%

Jr. High Basketball 4%

Drill Team 4%

Jr. High Volleyball 4%

Academic Decathlon 3%

FFA Advisor 3%

Drama 3%

FBLA Advisor 3%

Cross Country Track 2%

Golf 2%

464

[Adopted 2/12/79]

[Revised 7/14/93]

[Revised 3/14/96]

[Revised 2/9/00]

Insurance Policy

I. Who is eligible for coverage provided by the district?

The following people will be eligible for coverage under the Daggett School District Group Medical and Life Insurance plans:

A. All employees who work more than 20 hours per week and qualify for state retirement benefits.

B. The spouse of any employee described under [A] above.

C. Natural or legally adopted unmarried children, under 26 years of age, of any covered employee.

D. Any member of the Daggett Board of Education is eligible for coverage if premium is paid by member.

II. Additional provisions:

A. Any eligible employee who has existing health insurance coverage may be offered $1,500.00 in lieu of district health insurance coverage.

B. Long-term disability is provided only for full-time employees.

C. Qualifying retirees are eligible for medical benefits [see policy #416]

III. When will coverage become effective?

A. For all eligible people now employed, coverage will commence September 1.

B. Any eligible person employed after this date will be covered beginning on the first day of the calendar month next following the date they become eligible.

IV. When will coverage terminate?

A. Eligible employees who work fewer than 12 months each year and who complete the normal year’s work assignment will be covered to the end of the insurance year on August 31.

B. For employees who resign, breach a contract, are terminated or otherwise discontinue employment in the district, insurance coverage, provided by the district, will end the last day of the same month employment is discontinued.

466

[Adopted 2/12/79]

Eligibility Determination of Children for Receiving Reduced Price or Free Meals

The Daggett School District hereby assures the Utah State Board of Education, School Food Services Division, that the school district or institution named above will observe the following policy with respect to determining the eligibility of children for reduced price free meals under the National School Lunch Program.

1. The official who has been designated to determine which individual children are eligible for reduced price or free lunch under the following policy is the Superintendent.

2. The district will develop and provide, to parents of the district, forms on which to make application for consideration of eligibility of their children for reduced price or free meals. Application can be made at any time.

3. Parents will be notified individually of the acceptance or denial of their application immediately upon application or within ten working days and, if accepted, will be informed of the procedure to be followed by their child or children to receive such meals.

4. If the application is denied, appeal can be made to the Board of Education. Parents will be informed of this appeal procedure.

5. In making collections from children who pay for their meals, and in accounting for the number of reduced price or free meals served, the following procedure will be observed, in order that other children in the school will not be aware of the identity of the youngsters receiving a free or reduced price meal.

(a) Lunch count is taken by roll call. No tickets are sold.

(b) Statements are sent to parents and guardians monthly and paid to the District Office.

6. The names of children determined to be eligible for reduced price free meals will not be published, posted or announced in any manner.

7. If a child, in one of our schools, receives a free or reduced price lunch and then transfers to another school in our district, he will receive free or reduced lunches in the new school without making a new application. The principal may note previous action on transfer papers to new principal.

8. In providing free or reduced price lunches to children meeting eligibility standards for such lunches, first priority will be given to the neediest children.

9. The charge for reduced price lunches shall be less than total price and not exceed forty cents.

10. Children receiving reduced price or free meals will not be required as a condition of receiving such meals:

A. To use a seperate lunchroom or section of the lunchroom.

B. To go through a separate serving line.

C. To enter the lunchroom through a different entrance than is used by children who are paying the full price for meals.

D. To eat lunch at a different time from paying children.

E. To work for their meals.

F. To use a different medium of exchange in the lunchroom than is used by paying children.

G. To eat a different meal than is eaten by paying children.

11. Public announcement of eligibility standards will be made by letter and application sent home with students and to the news media at the beginning of the year, and the letters of applications will be sent home with students who register later in the year.

12. Eligibility standards used in determining free or reduced price lunches:

A. Family income scale, including welfare grants, one for free and one for reduced price if used.

B. Number of individuals in the family.

C. Number of children in the family attending school or service institutions.

D. Unusual illness, seasonal work, unusual expenses, etc.

467

[Adopted 1/11/95]

Sexual Harassment - Employee/Employee - Employee/Student

I. Board Policy

The Board of Education recognizes the desirability of a work and school environment in which employees and students may operate without fear of sexual harassment. Sexual harassment as defined in this policy is prohibited. The district will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any employee who sexually harasses a student, employee of the district, or any other persons involved in school district activities or business. Therefore, the Board of Education establishes this policy to address issues related to acts of sexual harassment by employees.

II. Guidelines

Sexual harassment is defined as including the following:

A. Any unwelcome sexual advances, request for sexual favors, sexually-motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly of obtaining or retaining employment or obtaining an education;

2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual’s employment or education; or

3. Such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education or creating an intimidating, hostile, or offensive employment or education environment.

B. Sexual harassment may include but is not limited to:

1. verbal harassment or abuse;

2. subtle pressure for sexual activity;

3. inappropriate patting or pinching;

4. intentional patting or pinching;

5. demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status; or

6. any unwelcome sexually-motivated touching.

7. display of posters, pictures or figures depicting nudity or offensive sexual material.

8. uninvited teasing, remarks or questions which are sexual in nature.

C. Any person who believes he or she has been the victim of sexual harassment by an employee of the district should report such matters in writing immediately to the appropriate district official as designated by this policy.

1. In Each School Building. The building principal is the person responsible for receiving oral or written reports of sexual harassment at the building level. Upon receipt of a report, the principal must notify the district human rights officer immediately without screening or investigating the report. If the report was given verbally, the principal shall reduce it to written form within twenty-four hours and forward it to the human rights officer. Failure to forward a sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building principal, the complaint shall be filed directly with the district human rights officer.

2. District Wide. The Board of Education designates the Business Administrator as the district human rights officer to receive reports or complaints of sexual harassment from any individual employee or victim of sexual harassment and also from the building principals as outlined above. If the complaint involves the human rights officer, the complaint shall be filed directly with the superintendent. The school district shall conspicuously post the name of the human rights officer including a mailing address and telephone number.

3. Submission of a complaint or report of sexual harassment will not affect the individual’s future employment, grades or work assignments.

D. The district will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the district’s legal obligations and the necessity to investigate allegations of harassment and to take disciplinary action when the conduct has occurred.

E. The human rights officer, upon receipt of a report or complaint alleging sexual harassment shall immediately conduct or assure that an investigation is completed. This investigation will be conducted by a district official but may be assigned to the school principal to complete. The investigating party shall provide a written report of the status of the investigation within ten working days to the human rights officer.

1. In determining whether alleged conduct constitutes sexual harassment, the district shall consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred.

2. The investigation shall be thoroughly documented and shall include at least the following:

a. A documented interview with the individual submitting the complaint.

b. An interview or interviews with the alleged offender(s) including a discussion of district policy relating to sexual harassment, and possible consequences of failing to comply with the stated policy.

c. Documented interviews with any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint.

d. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

F. The district may take immediate steps at its discretion to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.

G. The district human rights officer shall make a written report to the superintendent upon completion of the investigation. The report should include recommended action to be taken by the district.

H. Upon receipt of a recommendation that the complaint is valid, the superintendent will recommend such action as appropriate based upon the results of the investigation. The superintendent’s recommendation shall be made to the board. The board will then take such action as it deems appropriate pursuant to district policies as expeditiously as possible.

I. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the district. The report will document any disciplinary action taken as a result of the complaint. The written report of every investigation, including the recommendation of action or the recommendation of no action, shall be kept on file with the human rights officer.

J. Any district action taken pursuant to this policy will be consistent with requirements of applicable Utah statutes and district policies. The district may take such disciplinary action it deems necessary and appropriate, including the following:

1. Warning.

2. Written Reprimand.

3. Probation for a period of time determined by the Board upon recommendation of the superintendent.

4. Change in assignment without reduction in pay.

5. Leave of absence with/without pay.

6. Non-renewal of contract.

7. Termination for cause.

K. Acts of reprisal against individuals submitting a complaint, witnesses or others involved in an investigation are prohibited. The district will discipline any employees or students who retaliate against any person who reports alleged sexual harassment or who testifies, assists, or participates in an investigation, proceeding, or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

L. The district recognizes that not every action or comment of a sexual nature, constitutes harassment. Whether a particular action or incident is part of a personal social relationship without a discriminatory educational or employment effect requires a determination based on all the facts and surrounding circumstances. False accusations can have a serious detrimental effect on innocent parties.

M. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include initiating civil action or seeking redress under the state criminal statutes and/or federal law.

N. Under certain circumstances, sexual harassment may constitute sexual abuse, under state law and require reporting to appropriate authorities. In such cases, the provisions of district policies governing reporting of abuse should also be followed.

O. Employees or students who believe they have suffered sexual harassment by an employee of the district have the duty to report such matters immediately to their school principal or to the human rights officers.

469

[Adopted 2/9/94]

Personnel-Management Relations: Employee Complaints

REDRESS OF GRIEVANCES

Employees shall have the right, in a peaceable manner, 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.

PURPOSE

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

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 a group of employees where appropriate, may present a grievance individually, through an attorney, or through another person or organization recognized by the Board and which does not claim the right to strike.

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 this may be at a regular meeting 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 complaints and grievances policy. All employees shall be provided with a copy of the policy and any subsequent amendments. New employees shall be provided with a copy of the current policy within a reasonable time after the commencement of their employment.

DEFINITIONS: COMPLAINT A complaint under this policy shall include:

1. Grievances concerning an employee’s wages, hours, or conditions of work.

(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.

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

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

AGGRIEVED PARTY

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; 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 allegedly 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 Board 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 hearings 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 Board shall conduct a hearing within 30 days of receipt of a written request. However, the hearing may be postponed by mutual consent. The Board 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 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 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.

BOARD’S ROLE (LEVEL THREE)

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 (LEVEL THREE)

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

470

[Adopted 4/14/99]

Prison Work Crews on District Property

There may be occasions when prison work crews are appropriate on school district property. These occasions will be reviewed and approved in advance by the Superintendent and the building Principal.

Prison work crews are not to be at school for any reason during the regular school day or other times when students are using the facility. There will be no intermingling between students and prisoners.

471

[Adopted 4/11/94]

Student Welfare: Child Abuse

Reporting

Any school employee who knows or reasonably believes that a child has been neglected, or physically or sexually abused shall immediately notify the nearest peace officer, law enforcement agency, or office of the State Division of Family Services.

Utah Code Ann. § 78-3b-3

Utah Admin. R. 300-401-3

Responsibility of Employee

It is not the responsibility of school employees to prove that the child has been abused or neglected, or determine whether the child is in need of protection. Investigation by school employees prior to submitting a report should not go beyond that necessary to support a reasonable belief that a reportable problem exists.

Utah Admin. R. 300-401-3B

Cooperation

School officials shall cooperate with social service and law enforcement agency employees authorized to investigate charges of child abuse and neglect. When asked to assist as members of interdisciplinary child protection teams, they shall do so in providing protective, diagnostic or assessment treatment and coordination services.

Utah Code Ann. § 78-3b-8(4)

Utah Admin. R.. 300-401-3C.

Anonymity

The identity of a school employee making a report of child abuse or neglect shall not be released to any person or entity except those responding in an official capacity to investigate the report made.

Utah Admin. R. 300-401-3E

Utah Code Ann. § 78-3b-13(2)

472

[Adopted 8/11/81]

Non-discrimination Policy

It is the policy of Daggett School District not to discriminate on the basis of sex or handicap in its educational programs, activities or employment practices as required by the final regulations implementing Title IX of the 1972 Education Amendments and Section 504 of the Rehabilit